ML20246M886
| ML20246M886 | |
| Person / Time | |
|---|---|
| Issue date: | 08/07/1989 |
| From: | Carpenter S, Mark Flynn NRC OFFICE OF ADMINISTRATION (ADM), U.S. ECOLOGY, INC. (FORMERLY NUCLEAR ENGINEERING |
| To: | |
| Shared Package | |
| ML20246M869 | List: |
| References | |
| CON-FIN-B-7000-9, CON-NRC-02-89-007, CON-NRC-2-89-7 NUDOCS 8909070279 | |
| Download: ML20246M886 (55) | |
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- 1. TH n CONTRACT l$ A RATE D OIDE R 4
- k. . n@ N rA. WARD / CONTRACT uNDER OP.AS tib CFR 350) 1 l 4 ,
f 2. CONT R ACT gfroc Jnst. Janst.s NO. 3. EFF EC7 AVE DATE w. REQUl541 ION /PURCMA$E E Equi &T/ PROJECT NO. NRC-02-89-007 7/31/89 i
- s. issucQ e v # "'" "
- CODE I CODE l . . _ . _ .
U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Washington, DC 20555
- 7. NAME AND ADDR E55 OF CONT R ACT 0 64 (ho.. street, esty, coun tv. eso sa and 44a' Coors 8. DEL VE R Y U.S. Ecology, Inc. TOTEa<s*-,n-,
9200 Shelbyville Rcad, Suite 300 O ros oalciN
- s. DiSCou~T POR PaOMPT PAv MENT P.O. Box 7246 Louisville, Kentucky 40207 1 N/A
- 10. SUBMIT INVOICES l'T E M
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. (4 consta arnirsa other.
ruise specified; TO TH E . I2 CODE FACILITY CODE . ADDRESS SHOWN IN:
- 11. &M6P T of at ARK F OR ,
312. PAvMENT WsLL BE MADE By l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Attn: Gary Roles, MS: 0WFN SE4 Division of Acctg & Finance GOV /COM Section Washington, DC 20555 Washincton, DC 20555
- 13. AUT**ORitV F OR USING OTHER TMAN F ULL AND OPCN COMPETl. 14. ACCOUNTsNG AND APPROPRI AT TON DAT A
""' B&R No.: 950-19-04-010 FIN No.: B7000-9 10 u.s.C. 23o4 cu i ,APPN No.: 31X0200.950 OBLIGATED: $38,556.80
@1 u.S.C. 253tcil 1 13A. ITEM NO. 158. SUPPLIES / SERVICES 15C. QU ANTITY 15D. UNIT 15E. UNIT PRICE i 15F AMOUNT The U.S. Nuclear Regulatory Commiss ionheribyaccepts U.S . Ecology, Inc.'s proposal dated March 21, 1989 in response to RFP No. RS-NMS-89-007 dated .
March 10, 1989, all of which are incorporated into this contract by reference, to provide copies of records of all radioactive materials disposed at the Beatty, Nevada and Richland, Washington sites during calendar years 1988, 1989 and 1990. See attached pages for administrative cnanges. 8909070279 890807 PDR CONTR 15G. TOTAL AMOUNT OF CONTR ACT > S 38,556.80 ggg._g2.-89-OO7 PDC
- 16. TABLE OF CONTENTS DESCRIPTION lPAGE(S) V) {SEC l DESCRIPTION lPAGE (S)
V)ISEC.l PART I- THE SCHEDULE PART tt - CONTR ACT CLAUSES l 2 Y A SOLICITATION / CONTRACT FORM 1 Xl t l CONTR ACT CLAUSES B' SUPPLIES OR STRVICES AND PRICES / COSTS 2 DART ttt - LIST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH. Y l J l LIST OF ATTACHMENTS l C DESCRIPTION / SPECS./ WORK STATEMENT D PACKAGING AND MARKING l PART IV- REPRESENTATIONS AND INSTRUCTION 45 1 E INSPECTION AND ACCEPTANCE '
. K R EPRESE NTATIONS. CE RTIF IC ATIONS AND F 2 OTHER STATEMENT 9 OF OFFERORS Y DE LIVE RIES OR PE RFORMANCE G CONTR ACT ADMINISTRATION DATA L l INSTRS..CONDS . AND NOTICES TO OFFERCES H SPECIAL CONTRACT REOutREMENTS 3 M i EVALUATION F ACTORS FOR AWARD CONTRACTING 0FFICER WIL L COMPLETEITEM 17 OR 18 AS APPLICABLE
- 36. AWARD (Contractor is not Preutred to saun thaa document.) Your
- 17. h CONTRACTOR *$ NEGOTtATED AGREEMENT (Controrfor is re.
att elems or ce ,or e vecel n 0 e a tont. Changes mace Dy you wnsCM 3COrtsons or Cnanves n f actor re a t un3 anO 00 al 15'.".'a?.'"l'aa',.'*le",'0"TP. ",n'".*a MJf"". "!"a". '"a",!,'a' in".I Vi 8% 'Co'A"..;" a?" '* Jte.T n';'8%'""A" "m'a'I.'."M*,"o'W!?/0"n'Co"!. eCe atton af any and (C) SUCn 9 ov $so S. 70 rest f f er 8 ( t $ war 0/ SC1. t u f urtner con raC1 36 u et snects ri con Ct ( e Sary, toont. C':rts tt S
<ait enm,Decelec,ateons. a,t are attacned or eftCor.' orate 0 Dy nu. s red a rem.,
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19A. NAME AND T ITLE OF &lGNER (Tape or prsnes 20A, NAME OF CONT RACT6NG OF FICER
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S/) CMf&Me 1986. NAM OF C NT 8'.ACT O 34 19C. A LaGN ED Mark 3. Flyn~n 2 08. UN IT ST ' TE ' AMER 6CA 20C. DATE $6G N ED i f BY
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- 1. Section B.2 entitled " Consideration and Obligation--Firm Fixed Price" is hereby completed as follows:
8.2 CONSIDERATION AND OBLIGATION--FIRM FIXED PRICE (MAR 1987) The firm fixed price of this contract is $38,556.80. Payment will be made upon completion / delivery and acceptance of each of the three v deliverables as outlined in Section F.3 entitled " Deliverables." d
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.fPayments will be made as follows:
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- 'W' , 's;f .f; Records for 1988 . $12,230.80 4
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Nt- ' Records for 1989 512,842,00 Records for 1990 $13,484.00 q(
. (End of Cl::use) i 3
- 2. The delivery schedule for calendar year 1988 records under Section F.3 entitled, " Deliverables" is hereby revised in accoreance with the Contractor's letter dated July 6,1989 as follows:
Records for 1988 - Within 15 days of receipt of a fully executed contract
- 3. Paragraph a. of Section G.1 entitled " Project Officer Authority" is hereby completed as follows:
G.1 PROJECT OFFICER AUTHORITY (MAR 1987) ALTERNATE II (MAR 1981)
- a. The Contracting Officer's authorized representative hereinafter referred to as the Project Officer for this contract is:
Name: Gary Roles Address: U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards
#- , c Maf1 Stop: OWFN SE4 Washington, DC 20555 Telephone Number: 301/492-0595
- 4. Clause No. 52.203-10 entitled " Remedies for Illegal or Improper Activity" is hereby incorporated in full text into Section I of this contract as follows:
I.4 REMEDIES FOR ILLEGAL OR IMPROPER ACTIVITY (52.203-10) (MAY 1989) (a) The Government, at its election, may reduce the price of a fixed price-type contract er contract modification and the total cost ep- + . memasshdk--' r ee.e em me *"" -***9***'**r
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v- - > - f, _ Page 3 of 4 4 and fee under a cost-type contract or contract modification by the amount of profit or fee determined as set forth in paragraph (c) of this clause if the head of the agency or his or her designee, determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 423) as implemented in the FAR. In the caic of a contract modification the fee subject to reduction is the fee . associated with the particular contract modification. .
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. (b) Prior to making such a fee or profit reduction, the agency head
.c.4 ~ L , Eor his. or her designee shall provide to the Contractor a written notice
-'of the action being considered and the basis therefor. The Contractor
'j A ' yshall' have a period determined by the agency head or his or her -
designee, but in no event less than 30 calendar days after receipt of 3 such notice to submit in person, in writing, or through a j representative, information and argument in opposition to the proposed
, reduction. The agency head or his or her designee may, upon good cause shown, determine to reduce the contract or contract modification price t
- or fee by an amount which is less than the amount determined under paragraph (c) of this clause.
(c) The price or fee reduction referred to in paragraph (a) of this clause shall be -- (1) For cost plus-fixed-fee contracts, the amount of the fee j specified in the contract at the time of award; (2) For cost plus-incentive-fee contracts, the target fee specified in the contract at the time of award notwithstanding any minimum fee or
" fee floor" specified in the contract.
(3) For cost plus-award-fee contracts --
, (1) The base fee established in the contract at the time of contract award; (11) If no base . fee is specified in.the contract, 10 percent of the amount of each award fee otherwise payable to the contractor for each
- incentive period or at each. award fee determination point.
(4) For fixed price-incentive contracts, the Government may -- (1) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; (ii) When the contract provides for multiple deliverables, reduce the amount otherwise payable to the contractor upon each delivery and acceptance by an amount determined by the Contracting Officer to be the profit portion of each payable amount until the.rumulative total of such reductions is equal to the initial target profit amount specified in the contract at the time of contract award; _ - m j@ - * '* '
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. Page 4 of 4 3 (iii) In addition to any other withholdings, retentions or reserves, reduce the amount of progress payments otherwise payable in connection with each invoice or voucher properly submitted by the contractor for payment until the aggregate progress payments amounts so 'i withheld equal the initial target profit established at the time of contract award; or (iv) If the Government elects either (c)(4) (ii) or (iii) of this ,
- clause, at the time of total final price establishment, the price !
established in'accordance with the incentive price revision provisions .,
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.. J initialcontrac.t . target profit shallspecified be reduced by contract in the an amount equal at the timeto ofthe amount'of contract j 2
# 7 Waward and such reduced price shall be the total final contract price. .i
' Any progress payments amounts retained by the Government in (c)(4)(iii) L of this clause shall be returned to the contractor, if appropriate. 1 (5) For firm-fixed price contract or contract modifications, by 10 .
percent of the initial contract price; 10 percent of the contract 1 modification price; or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award or modification. (d) The Government may, at its election, reduce a prime contractor's price or */ee in accordance with the procedures of-paragraphs (b) and (c) of this clause for violations of the Act by its ' subcontractors by an anount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced. (e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this contract or modification for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided
, by law or under this contract.
(End of Clause) _ v e
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N$$kf , , ,. ng w v mm h hN4h hhuk$,hhhh&hibhw?Y;Y'SMk%@ hkbkh x pp gp;3 g N SOLICITATION, OFFER AND AWARD w,gn ; Qv < m; 3 m( , , . . 3
- 1. TITLE: . Low-Level Radioactive Waste Records for Calendar Years 1988, 1989, and 1990 ,
- 2.LCONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION RS-NMS-89-007 Negotiated (RFP)
- 5. DATE ISSUED , 6. REQUISITION / PURCHASE NO. _J ja , March;10,1989 . , RS-NMS-89-007 'f i7.ISSUEDBY 8. ADDRESS OFFER TO c M'g@(M .A 6 Wv'bM 8 W All-proposals shouTd be addressed .
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~irf76U.SVNuclearRegulatoryCommission as indicated'in Block 7, however, 47 t V Div.7of: Contracts & Property Mgat. handcarried proposals (including W i ; Mail Stop P-1020 Washington, DC. 20555 Express Mail) mu't to the address in Block 9.
s be delivered
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7$7 NOTE: In sealed bid solicitations, offer and , offeror" mean " bid and bidder". 3
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SOLICITATION
- 9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or
. if handcarried, in the depository located in Room 1011, Tenth Floor, 792G-Norfolk Ave., Bethesda, Md. 20814, until 2:00 p.m. local time on 3/23/89.
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.
- 10. FOR INFORMATION CALL: A. NAME: Sharon Mearse B. TELEPHONE NO.: 501/492-4282(NoCollectCalls)
- 11. TABLE OF CONTENTS PART/SECTION DESCRIPTION PART I - THE SCHEDULE
-. A SOLICITATION / CONTRACT FORM
- B- SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT o e J-
~
- D -PACKAGING AND MARKING
, N p g. i E-p: TINSPECTION DELIVERIES OR PERFORMANCE AND ACCEPTANCE ~ '
G CONTRACT ADMINISTRATION DATA H 'SPECIAL' CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III'- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV ' REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD - m EXCEPTION TO STANDARD FORM 33- , STANDARD FORM 33(REV-4-85) M fAPPROVED BY GSA/0IRM 6/85
- FAR(48 CFR) 23.214(C) e . _ k.
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- SOLICITATION, OFFER AND AWARD
^
r 3.h A < j L; 0FFER (Must be fully completed by offeror) j 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 accepted within' 14 calendar days (60 calendar days unless a different period ,
is inserted by the offeror) from the date for receipt of offers specified ' above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point (s), within the time specified in the schedule.
- 13. DISCOUNT FOR. PROMPT PAYMENT (See Section I, Clause No. 52.232-8) i 10 Calendar days. 20 Calendar days 30 Calendar days __. Calendar days '
Nog Noneg Noneg Noneg . x _. .
- 14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of ]'
- amendments.to the SOLICITATION for offerors and related documents numbered and j dated:
- 1 AMENDMENT NO DATE AMENDMENT NO DATE 15A. NAME AND ADDRESS OF OFFEROR 16. NAME AND TITLE OF PERSON ,
DUNS Code: Facility: os Ecology AUTHORIZED TO SIGN OFFER 04-183-4573 P . 0 '. Eox 7246 Gary W. Young Louisville, xy 40207 (Type or Print) 158. TF.LEPHONE NO. (Include Area Code) so2-42s-7 iso 15C. ( ) CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE--ENTER SUCH ADDRESS IN. SCHEDULE ,
- 17. SIGNATURE: D 18. OFFER DATE:
3s A b ,j/ 21 March 89 f 1 j/ AlfARD ) Ido be completed by Government) i
- 19. ACCEPTED AS TO ITEMS NUMBfg D 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION )
- 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
( ) 10 U.S.C. 2304(c)( ) ( ) 41 U.S.C. 253(c)( ) j
- 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25:
(4 copies unless otherwise specified) q
- 24. ADMINISTERED BY 25. PAYMENT WILL BE MADE BY, i (If other than Item' 7)
- _< U.S. Nuclear Regulatory Commission l Division of Accounting and Finance GOV /COM Accounting Section Washington, DC 20555
- 26. NAME OF CONTRACTING OFFICER 27. UNITED STATES OF AMERICA 28. AWARD DATE (Type or Print) ,
(Signature of Contracting Officer) j l IMPORTANT - Awsrd will be made on this Form or on Standard Form 26, I or by other authorized official written notice. EXCEPTION TO STANDARD FORM 33 APPROVED BY GSA/0IRM 6/85 _. s
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M fSECTION B ' SUPPLIES OR. SERVICES AND PRICE / COSTS . . . . . . . . . . :6 B.1 - BRIEF DESCRIPTION 0F WORK (MAR 1987). . . . - . . . . . . . . .6
. B.2 ' CONSIDERATION ' AND OBLIGATION--FIRM FIXED PRICE. . . . . . . 6' (MAR 1987)
L
. ..SECTION C - DESCRIPTION / SPECIFICATION. . . . . . . . . . . . . . . . . 7
< , . / WORK STATEMENT L r x S C.1; ! STATEMENT OF WDRK (MAR 1987). . .-. ._. ... . . . . . . . .- 7- { yo 4 a , -~ s _ j ,
?SECTION DE- PACKAGING AND MARKIE. -
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. Amw a D.1 4 ? PACKAGING AND MARKING (MAR 5987). . . . .;.- ....i,. c .. . .; 10-pp% a%;r un 4 x - x s -
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"$ECTION!E'- INSPECTION AND ACCEPTANCE. . . .-. . . . L . . ... . ./.i lli '
FW i$ .y E.1l ' CuuSES INCORPORATED BY- REFEk TNCE . - . . . : . . ... 7.f.i 11~ ' #9
<j (FAR 52.252-2) (APR 1984) . .
.E.21 L PMCE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . . 11 i 1
SECTION F - DELIVERIES OR PERFORMANCE. . . - 12- - 4 F.1. C MUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 12 (FAR.52.252-2)(APR.1984) F. 2 - DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . 12
- F.3 DELIVERABLES. . . . . ... . ... . . . . . . . . . . . . . . 12 F. 4 - PROGRESS REPORTS. . . . . . . . . . .-. . .... . . . . . . . 12 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . 14' G.1 . PROJECT OFFICER AUTHORITY (MAR 1987). . . . . . . . . . . . 14 g ALTERNATE -II (MAR 1987)
G.2. ' REMITTANCE ADDRESS (MAR 1987) . . . . . . . . . . . . . . . 14 G.3 PROMPT PAYMENT (52.232-25) (FEB 1988) . . . . . . . . . . . 15 ALTERNATE II (FEB 1988) SECTION H - S?ECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . 21 H.1 . PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) . . 21
, H.2 . CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST . . . . . . 21 (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
'H.3.-GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . . 23 m -;' (MAR.'1987)
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- A PART II: L . CONTRACT CLAUSES. . ... .. . w .1.-.~. .x. .-... . . . . . 24 --
, s SECTION I' - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . 24 1.1- CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 24 (FAR 52.252-2) (APR 1984)
I.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) . . . . . . . . . . 25 I.3 DRUG-FREE WORKPLACE-(FAR 52.223-6). . . . . . . . . . . . . 27 PART. III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . . 29 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS, . . . . . . . . . .m . . . . . . 29 ye , 3,+ . w , x - .
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NM.NsgpOJAITACHMENTS (MAR 1987). . . . . . .'. . f.'. 7 .'. . 29 j-2PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . 30 j; SECTION K - REPRESENTATION, CERTIFICATIONS AND . . . . . . . . . . 30 OTHER STATEMENTS OF JFFERORS K.1 CERTIFICATE OF INDEPENDENT PRICE. . . . . . . . . . . . . . 30 DETERMINATION (FAR 52.203-2) (APR 1985) K.2 CONTINGENT FEE REPRESENTATION AND . . . . . . . . . . . . . 31 AGREEMENT (FAR 52.203-4) (APR 1984) K.3 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JUL 1987) . . 32 K.4 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APR 1984) . . . . . 32 .,, K.5 PLACE OF PERFORMANCE (FAR 52.215-20) (APR 1984) . . . . . . 32 3: K.6 SMALL BUSINESS CONCERN REPRESENTATION . . . . . . . . . . . 33 gi: (FAR 52.219-1) (MAY 1986) . .[ o
.., 3 K'.7 -SMALL DISADVANTAGED BUSINESS CONCERN. . . . . . . . . ,. . 3 3 mX
- 3. REPRESENTATION (FAR 52.219-2) (APR 1984)
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K.8 WOMEN-0WNED SMALL BUSINESS REPRESENTATION . . . . . . . . . - 34
" - ?(FAR 52.219-3) (APR 1984)
K.9 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. . . . . . . . . 34 [ (FAR 52.220-1) (APR 1984) K.10 CERTIFICATION OF NONSEGREGATED FACILITIES . . . . . . . . . 35 i (FAR 52.222-21) (APR 1984) ' K.11 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . . 35 (FAR 52.222-22) (APR 1984) K.12 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . 36 (FAR 52.222-25) (APR 1984) K.13 ORGANIZATIONAL CONFLICTS OF INTEREST (MAR 1987) . . . . . . 36 K.14 QUALIFICATIONS OF CONTRACT EMPLOYEES. . . . . . . .... 37 K.15 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT. . . . . ... 37 K.16 CERTIFICATION REGARDING A' DRUG-FREE WORKPLACE . . . . . . 39 (FAR 52.223-5) SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES. . . . . . . . . . 42 TO OFFERORS L.1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . . . . 42 REFERENCE (FAF 52.252-1) (APR 1984) L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984). . . . . . . . . 42
. L.3 LEVEL OF EFFORT (MAR 1987). . . . . . . . . . . . . . . . . 43 L.4 ACCEPTANCE PERIOD (MAR 1987). . . . . . . . . . . . . . . . 43 L.5 SMALL BUSINESS SIZE S?ANDARD AND PRODUCT CLASSIFICATION . . 43 (MAR 1987) ALTERNATE I (MAR 1987)
L.6 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901)'(MAR 1987). . 43 L.7 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (MAR 1987). . 43 L.8 PROPOSAL PRESENTATION AND FORMAT (MAR 1987) . . . . . . . . 44 L.9 ACCURATE AND TRUTHFUL PROPOSALS . . . . . . . . . . . . . . 44 L.10 TIMELY RECEIPT OF PROPOSALS / BIDS. . . . . . . . . . . . . . 44 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . 45 M.1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . . . . 45 REFERENCE (FAR 52.252-1)(APR1984) s
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' OFFER 0RS/ BIDDERS PLEASE NOTE:
. .. m, An (*) means the information is .to be incorporated into any , f
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- SECTIONB-SUPPEIES . SERVICES AND PRICE / COSTS tl B.I' BRIEF DESCRIPTION OF WORK (MAR 1987)
The contractor shall provide"the NRC with Low-Level i Waste Disposal Records for the Richland, Washington and iBeatty, Nevada sites for calendar years 1988, 1989, and 1990. - 1
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,p "7Z; J,;B.2 4 ' CONSIDERATION AND OBLIGATION'-FIRM FIXED PRICE J. . ..,M&
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- The- firm fixed price of this contract is *
. Payment will be made upon completion / delivery and acceptance of each of the -4 three deliverables as outlined in Section F.3 entitled " Deliverables." '.l,' ,
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E SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT l C.1 STATEMENT OF WORK (MAR 1987) 4 C.I.1 BACKGROUND -
jl
. .~ .. . n J. IThe U.S. Nuclear"RegulaNory Commission (NRC) is developing licensing
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%- , procedures, performance objectives,'and technical criteria for the < d:l disposal of low-level radioactive waste (LLW). Information about the j!
sources and quantities of waste generated is needed to aid in the ?, development of thesa criteria. The U.S. Ecology disposal sites at
.Richland, Washington and Beatty, Nevada are two of the three sites which received LLW for disposal during calendar year 1988. LLW will also be received during calendar years 1989 and 1990. NRC is requesting that U.S. Ecology provide copies of records of LLW disposed at the two sites.
C.I.2 WORK REQUIRED The contractor shall furnish all necessary qualified personnel, facilities, material, and services, and perform the tasks delineated below. The contractor shall prepare two files, one containing copies of records of all radioactive material disposed at the Beatty site and a the second containing records of all radioactive material disposed at the Richland site, during calendar year 1988. The contractor shall prepare similar files for calendar years 1989 and 1990. For each site, the waste volume and curies of activity shall be accurately tabulated for each month. Records of radioactive waste disposed at the two sites and generated from onsite activities shall be included. '
=
The files shall. include any other information accompanying the records that may provide further specific information about particular waste shipments (e.g., the date of receipt, the type, quantity, and form of radioactive material received, the originator, the originating city, the shipping distance, and the type of package in which the radioactive material was shipped). Other information which would help NRC in understanding and interpreting the records
-- e.g., lists of specific isotopic activities -- shall also be included in the files if such information is available.
The records shall be delivered in the form of microfiche copies, using the NRC microfiche specifications listed as'an attachment under Section J as general guidance. The microfiche format adopted 4... 7 c .e , . . .
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The records shall be arranged in chronological order on the microfiche; as approved by the Pro.iect Officer, however, the contractor has two options regarding how this may be accomplished:
- 1. The records may be organized into sections by month.
- 2. The records may be organized.into sections by disposal .3
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be provided. .These listings shall include at least the following information for each site: j
- Waste volumes and radionuclides activities organized by waste generator;
- Microfiche index reports in both numerical and alphabetical order;
- An updated cross-referenced of waste generator names and ,
identification numbers, 2
- Waste volumes and activities organized by waste types (corresponding to the waste description codes in the shipment manifests);
-Waste volumes and activities organized by waste class and generating state; and
- Individual radionuclides inventories organized by waste class.
C.I.3 MEETINGS AND TRAVEL "No me e tings or travel will be required s . , , _ ,, .. . , m, .. . , , 7 C.1.4 QUALITY ASSURANCE All reports, including those which do not contain numerical analyses, must be reviewed by the contractor's management and approved with two signatures, one of which is for the contractor management at a level above the program manager. For all reports delivered under this contract, the contractor shall ensure that an independent review and verification of all numerical computations and mathematical equations, derivations, and models are performed by qualified contractor personnel other than the original author (s) of the reports. If the contractor proposes to n,'* , , u ;w .> . 7 .s , 4
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~ : mathematical equations, derivations, . and models in the reports (tt.ch as might be the case when there are a large number of routine, repetitive calculations), the contractor must first obtain written j approval from the NRC Project Officer. Computer generated '
l calculations will not require verification when the computer program has already been verified. ; (EndofClause) j
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.. y SECTION D - PACKAGING AND MARKING D.1 PACKAGING AND MARKING (MAR 1987) 3 The Contractor shall package material for shipment to the NRC I
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- v. , safe delivery at destination. Containers and cl.osures 4ha11 comply --
3, 7 #with "' the. Interstate Commerce Commission Regulations, Uniform Freight . y [7j
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'to'the mode of transportation. On the front of the package, the -
Contractor shall clearly identify the contract number under which 1 the product is being provided. y-
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SECTION E - INSPECTION AND ACCEPTANCE E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (APR 1984) ~ This contract incorporates the following clauses by reference. 1 These clauses have the same force and effect as if they were given . .i ig .in full text. Upo.n. request, the Contracting.0fficer wil.1 ma.ke their .y
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FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
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i CLAUSE NUMBER DATE TITLE 'i y 52.246-4 APR 1984 INSPECTION OF SERVICES -- FIXED-PRICE E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) l Inspection and acceptance of the deliverable items to be i . furnished hereunder shall be made by the Project Officer at the destination. l (End of Clause) 1 x, .
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SECTION F - DELIVERIES OR PERFORMANCE F.1 CLAUSES INCORPORATED BY REFERENCE _7 (FAR52.252-2)(APR1984) This contract incorporates the following clauses by reference. j
- These clauses have the same force and effect as if they were given
- 1 o u , nin full text. Upon request, the Contracting Officer will make their -
W A, G M full text.available. .~ . 1 - 4 igWt A*i s N a*MC
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.52.212-13 APR 1984 STOP-WORK ORDER F.2 DURATION OF CONTRACT PERIOD (MAR 1987)
. This' contract shall commence on the effective date of this contract
- and will expire on July 1, 1991. ,
w (EndofClause) F. 3 DELIVERABLES The contractor shall provide to the Project Officer the files containing copies of all records and other information identified in Section C.I.2. These records shall be legible and delivered to NRC in chronological order with a covering letter. Delivery schedules are as follows: Records for 1988 - May 31,1989; e - . . e_mq~ s fc . ;. , # e ,, p:CRecords for 1989 - April 15,1990; and , Records for 1990 - April 15,1991. (End of Clause) F.4 PROGRESS REPORTS The contractor shall provide verbal status via telephone to the Project Officer not less frequently than every two weeks from the date of the contract award to the date of delivery of the records. These-reports shall consist of an assessment of progress made to ky , m w t.-j.Q.,: . . - z
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4 SECTION G - CONTRACT ADMINISTRATION DATA G.1 PROJECT OFFICER AUTHORITY (MAR 1987) ALTERNATE II (MAR 1987)
- a. The' Contracting Officer's authorized representative i hereinafter referred to as the Project Officer for this contract is: 1
~ a? .. Name: ..t .. :
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- 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 /vouchtes 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 REMITTANCEADDRESS(MAR 1987)
< If item 15C. of the Standard Form 33 has been checlied, enter the remittance address below.
Name: Address: s (End of Ciause)
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G.3 PROMPT PAYMENT (52.232-25) (FEB 1985) ALTERNATE II (FEB 1988) Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. Definitions of pertinent terms are set forth in 32.902. All days referred to in
- this clause are calendar days, unless otherwise specified.
.(a) Invoice Payments 4 '(1) For purposes of this clause, " invoice payment" means a n; y/. - Government disbursement of monies to a. Contractor under a contract f.j
. X 'or other authorization for supplies or services accepted by the
* ' Government. This includes payments for' partial deliveries that'have 3]
been accepted by the Government and final cost or fee payments where amounts owed have been settled between the Government and the
~
Contractor. (2) Except as indicated ;n subparagraph (a)(3) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events: (i) The 30th day after the designated billing office has received a proper invoice from the Contractor. (11) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement. (3) The due date on contracts for meat and meat food products, , contracts for perishable agricultural commodities, and contracts not
. requiring submission of an invoice shall be as follows:
(i) The due date for meat and meat food products, as defined in Section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C.
- 182(3)) and further defined in Pub. L. 98-181 to include poultry, poultry products, eggs, and egg products, will be as close as possible to, but not later than, the 7th day after product delivery.
(ii) The due date for perishable agricultural commodities, as defined in Se: tion 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract. (iii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract. ' '
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1 4 4 (4) An invoice is the Contractor'r bill or written request for !! 4 payment under the contract for supplies delivered or services performed. An invoice shall be prepcred and submitted to the designated billing officer specified in the contract. A proper invoice must include the items listed in subdivisions (a)(4)(1) through (a)(4)(viii) of this clause. If the invoice does not comply with these requirements, then the Contractor will be notified of the defect within 15 days after receipt of the invoice at the designated billing office (3 days for meat and meat food products and 5 days for perishable agricultural commodities). Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagrpah (a)(6) of this clause. l i (1-) Name and address of the Contractor. . 4> q (ii) Invoice date. , % (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper noticeofassignment). (vii) Name (where practicable), title, phone number and mailing
- address of person to be notified in event of a defective invoice.
(viii) Any other information or documentation required by other i requirements of the contract (such as evidence of shipment). (5) An interest penalty shall be paid automatically by the ~ Government, without request from the Contractor, if payment is not. made within 15 days after the due date (3 days for meat and meat food products and 5 days for perishable agricultural commodities) and the following conditions are met, if applicable: (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any contract term or condition. . (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contr e ttlement actions between the Government and the Contractb I a %m * ~. . _ , ,. . . .; ,.
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y , m , 2,_ . - . .. . . . J # 7 (6) The interest penalty shall be the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41.U.S.C. 611) that is in effect on the payment date, except where the interest penalty is prescribed by other-governmentalauthority.Thiirateisreferredtoasthe Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments-inclusive from the'first day after the due date through the payment-I . date. That is, interest accrued at.the end of' any-30-day period will ,i be added to the approved invoice payment amount and be subject to 9" interest penalties if.not paid in the succeeding 30-day period. If ,
, & Kthe designated billing office failed.to notify the con uactor of a .s9 s MQdefective invoice within the periods prescribed in par 4 graph (a)(4)
' ~c' '. 4@
C*: M A of this clause, then the due.date on the corrected invoice will be
- adjusted by subtracting the number of days taken beyond the *94
-prescribed notification of defects period. Any interest penalty owed the Contractor will be based on tMs adjusted due date. Adjustments t will be made by the designated payment office for errors in ,
- calculating interest penalties, if requested by the contractor. j (1) For-the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 5th working day after the l Contractor. delivered the supplies or performed the services in
.accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or contractor
-compliance with a contract provision. In the event that actual >
acceptance occurs within the constructive acceptance period, the determination of.an interest penalty shall be based on the actual date of , acceptance. The constructive acceptance requirement does not, however, compel
- Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
, (ii) The following periods of time will not be included in the determination of an interest penalty:
.. (A) The period taken to notify the Contractor of defects in ,4
. invoices submitted to the Government, but this may not exceed 15
~
v^- ~ days (3 days-for meat and meat food products and 5 days for perishable agricultural commodities).
.(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the Disputes clause or for more than 1 year. Interest penalties of less than $1.00 need not be paid.
-(iv) Interest penalties are not required on payment delays due to
. disagreement between the Government and Contractor over the payment
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j amoent or other issues involving contract compliance or on amounts j temporarily withheld or retatvd in accordance with the terms of the 2 contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the Disputes clause. (7) An interest penalty shall also be paid automatically by the i designated payment office, without reque:,t from the contractor, if l an improperly taken discount for prompt payment was not corrected within 15 days after the expiration of the discount period (3 days for meat and meat food products and 5 days for perishable agricultural commodities). The interest penalty will oe calculated as described in paragraph (a)(6) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the contractor is paid. .
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(b) Contract Financing Payments ~ dj 7i ' (1) For purposes of this clause, " contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of* supplies or services by the Government. Contract financing payments ) include advance payments, progress payments based on cost under the clause at 52.232-16, Progress Payments, progress payments based on a percentage or stage of completion (32.102(e)(1)) other than those made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Pay:aents Under Fixed-Price Architect-Engineer Contracts, and interim payments on cost type contracts. (2) For contracts that provide for contract financing, requests for payment shall be submitted to the designated billing office as 1 specified in this contrcet or as directed by the Contracting l Officer. Contract financing payments shall be made on the (insert l day as prescribed by Agency head; if not prescribed, insert 30th I day) day after receipt of a proper contract financing request by the J designated billing office. In the event that an audit or other
, review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified. ,
(3) For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer. (4) Contract financing payments shall not be assessed an interest penalty for payment delays. (c) Electronic Funds Transfer. Payments under this contract will be made by the Government either . by check or electronic funds transfer (through the Treasury l Financial Communications. System (TFCS) or the Automated Clearing 2 g gN _ . _ _ _ _ _ _ _ _ . _ _ . _ . _ _ _ _ _ _ _ . ._ a
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'i s submitted, the contractor shall designate a financial institution for receipt of electronic funds transfer payments. The Contractor shall' submit this designation to the Contracting Officer or other Government official, as directed.
(1) For payment through TFCS, the Contrador shall provide the following information: (1) Name, address, and telegraphic abbreviation of the financial
' institution receiving payment.
(ii) Tae American Bankers Association 9-digit. identifying number : 4 s of'the financing institution receiving payment if the institution . 9,
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- (111) Payee's account number at the financial institution where -
funds are.to'be transferred. (iv)'If th'e financial institution does not have access to the Federal Reserve Communications System, name, address, and
' telegraphic abbreviation of the correspondent financial institution throuch v,nich the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for
, the correspondent instittition.
(2) For payment through ACH, the Contractor shall provide the following information: (1) Routing transit numbers of the financial institution receiving payment (same as American Bankers Association identifying
- number used for TFCS).
(ii) Number of account to which funds are to be deposited.
, (iii) Type of depositor account ("C" for checking, "S" for savings).
(iv) If the Contractor is a new enrollee to the ACH system, a
" Payment Information: Form," TFS 3881, must be completed before payment can be' processed.- -
(3) In the event the Contractor, during the performance of this contract, electu to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective. (4) The documents furnishing the information required in this paragraph (c) must be dated and contain the signature, title, and
-telephone number of the Contractor official authorized to provide
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- (5) Contractor fd sure to properly designate a financial.
institution or to provide appropriate psyce bank account information may delay payments of amounts otherwise properly due. (End of clause) c .
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SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) Except as specifically authorized by this contract, or as ~;. otherwise approved by the Contracting Officer, information and other
, data developed or acquired by or furnished the Contractor in the . ;
. performance of this contract, shall be used only in connection with 3 xthe work under this contract. - -J .l4
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"(End of Clause)
H.2 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
- a. ' Purpose. The nrimary purpose of this clause is to aid in ensuring that the Contrattor:
- 1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and
- 2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
b .- Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR 20-1.5402(f) in the activities covered by this clause.
- c. Work for Others. Notwithstanding any other provision of
, this contract, during the term of this contract, the Contractor agrees to forgo entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to conflict of interest with respect to the work being
. performed under this contract. The Contractor 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
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'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 i the contract for convenience if it deems such temination to be in :
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'e. -Access to and use of information. 0' a
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; M9 * *1) If.the Contractor in the performance of this contract - <.4
#:: i Tobtains' access to information, such as NRC plans,. policies, reports, JMi
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;public, the Contractor agrees not to: di y
-(i) Use such information for any private purpose J until the information has been released to the public; fj '
(ii) Compete for work for the Commission based on i such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first;
. .(111) Submit an unsolicited proposal to the Government based on such infomation until one year after the release of such information to the public, or (iv) Release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.
- 2) In addition, the Contractor agrees that to the extent
, it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential '
or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in '
, .s accordance with restrictions placed on use of the information. =. f "_ . w. , .- , , % now w .,._;- . . ,
- 3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
- f. Subcontracts. Except as provided in 41 CFR 20-1.5402(h),
the Contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " Contractor," and " Contracting Officer," shall be appropriately modified to preserve the Government's rights. ..
, g. Remedies. For breach of any of the above prescriptions or
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. for intentional nondisclosure or misrepresentation of any relevant }
interest required to be disclosed concerning this contract. or for ; such erroneous representations as necessarily imply bad faith, the Government may termina'.e the contract for default, disqualify the Contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract,
- h. Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures s, outlined in 20-1.5411.
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(End of Clause) H.3 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY'- NONE PROVIDED
-'(MAR 1987)
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notwithstanding any provisions of the specification (s) to the contrary. (End of Clause) 4 v * { g l
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CONTRACT CLAUSES 3
. ?J I .'1 CLAUSES INCORPORATED BY REFERENCE d
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; ., , This contract incorporates the following clauses by roference. g' ;W.
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- These claus ~es have the same force and effect as if they were g'iven 9 in full text. Upon request, the Contracting Officer will make their 9}
full text available., , I FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES , CLAUSE-NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS , 52.203-1 APR 1984 0FFICIALS NOT TO BENEFIT 52.203-3 AFR 1984 GRATUITIES , 52.203-5. .APR 1984 COVENANT AGAINST. CONTINGENT FEES 52.203-6~ JUL 1985 RESTRICTIONS ON SUBCONTRACTOR SALES TO-THE GOVERNMENT 52.215-l' APR 1984 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 52.215-2 APR 1988 AUDIT -- NEGOTIATION 52.215-26. APR 1987 ~ INTEGRITY OF UNIT PRICES
, ALTERNATE I (JUN 1985) 52.215-33 JAN 1986 ORDER OF PRECEDENCE 52.219-8' JUN 1985 UTILIZATION OF SMALL ,
BUSINESS CONCERNS AND 7M "7' .
'SMALL DISADVANTAGED ^
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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 APR 1984 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM 52.222-3 APR 1984 CONVICT LAPOR
- 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL i DISABLE 0 AND. VIETNAM ERA VETERANS 52.222-36 APP. 1984 AFFIRMATIVE ACTION-FOR HANDICAPPED WORKERS
,. - *?.227 APR 1984 AUTHORIZATION AND CONSENT f, n , ,,
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< 52.227-2 APR 1984 NOTICE AND ASSISTANCE i REGARDING PATENT AND 1 COPYRIGHT INFRINGEMENT 52.229-5 APR 1984 TAXES -- CONTRACTS PEP. FORMED IN U.S. i POSSESSIONS OR PUERTO RICO 52.232-1 APR 1984 PAYMENTS 52.232-8 JUL 1985 DISCOUNTS FOR PROMPT PAYMENT 52.232-11 APR 1984 EXTRAS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 1984 DISPUTES 52.233-3 JUN 1985 PROTEST AFTER AWARD 52.243-1 APR 1984 CHANGES -- FIXED PRICE ALTERNATE I (APR 1984) '
52.244-5 APR 1984 COMPETITION IN SUBCONTRACTING ;3
< . 52.249-1 APR 1984 TERMINATION FOR CONVENIENCE OF THE 1 GOVERNMENT (FIXED-PRICE) (SHORT FORM) 52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
I.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) (a) Definitions. " Kickback," as used in this clause, means any money, fee, commission credit, gift, gratuity, thing of value, or compensation of any kir.d which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or ' rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
" Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
" Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purposes of obtaining supplies, materials, equipment, or services of any k.nd.
- " Prime Contractor employee," as used in this clause, means any
- officer, partner, employee, or agent of a prime Contractor.
" Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, 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 higner
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" Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) The Anti-kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from-- (1) Providing or attempting to provide or offering to provide any kickback; or (2) Soliciting, accepting, er attempting to accept any .; kickback; or ;
*. (3) Including, directly or indirectly the amount of any . 1
. kickback in the contract price charged by the prime Contractor to 9
, _the United States or in the contract price charged by a subcontractor to a prime Contractor or a higher tier subcontractor. '
(c)(1) The Contractor shr.11 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 occurred, the Contractor shall promptly report in writing the possible violation. Such repcets shall be made to the inspector general of the contracting ager,cy, the head of the contracting
~
agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) Regardless of the contract tier at which a kickback was
, provided, accepted or charged under the contract in violation of paragraph (b) of this clause, the Contracting Officer may-- l (1) Offset the amount of the kickback r.gainist any monies owed '
by the United States under'this contract and/or (ii) direct that the Contractor withhold from sums owed the subcontractor, the amount of kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(11) of this clause be paid over to the Government unless the Government has already offset those monies j undersubdivision(c)(4)(1)ofthisclause. In the latter case, the contractor shall notify the Contracting Officer when monies are witheld. l (5) The Contractor agrees to incorporate the substance of this i l clause, including this subparagraph (c)(5), in all subcontracts under this contract. . 3 (End of Clause) a p 'y esc if }$ . py j (E . o ar, a <3 e
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4 i I.3 DRUG-FREE WORKPLACE (FAR 52.223-G) (a) Definitions. As used in this clause,
" Controlled substance" means a controlled substance in schedules '
I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.
" Conviction" means a finding of guilt (including a plea of nolo ct,ntendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal i statute involving the manufacture, distribution, dispensing, _j possession or use of any controlled substance. -
" Drug-free workplace" means a site for the performance of work done in connection with a specific contract at which employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensieg, possession, or use of a controlled substance.
" Employee" means an employee of a contractor directly engaged in the performance of work under a Government contract.
" Individual" means an offeror / contractor that has no more than one employee inciuding the offeror /contrtctor.
(b) The Contractor, F other than an individual, shall -- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a drug-free awareness program to inform such employees about--
- (1) The dangers of drug abuse in the workplaca:
(ii) The contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv)Thepenaltiesthctmaybeimposeduponemployeesfordrug abuse violations occurring in the workplace. (3) Provide all employees engaged in performance-of the contract with a copy of the statement regired by subparagraph (b)(1) of this
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'l (4) Notify such employees in th: statement required by subparagraph (b)(1) of this clause, that as a condition of continued employment on this contract, the employee will --
(1) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Notify the contracting officer within ten (10) days after receiving notice under subdivision (a)(4)(ti) of this clause, from 3 an employee or otherwise receiving actual notice of such conviction; , g
~.1 (6) Within 30 days after receiving notice under subparagraph R (a)(C. of this clause of a conviction, impose the following +f sanctw .s or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace:
(1) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (7) Make a good faith ef. fort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of this clause may, pursuant to FAR 23.505,
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render the contractor subject to suspension of contract payments, ~ tennination of the contract for default, and suspension or debarment. (EndofClause) \ s 4
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w-1 NRC Contractor Organizational Conflicts of S'
- Interest (41 CFR Part 20) 2 Billing Instructions '
3 Standard Form 1411 with Instructions . 4: Microform Specification for Division of Low-Level Waste Management Contracts
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PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec. 20-1.5401 Scope and policy. 20-1.5402 Definitions. 20-1.5403 Criteria for recognizing contractor organizational conflicts of interest. 20-1.5404 Representation. ' 20-1.5405 Contrac.t clauses. 20-1.5405-1 General contract clause. 20-1.5405-2 Special contract provisions. . Evaluation, findings, and contract award'. 20-1.5406 20-1.5407 Conflicts identified after award. 20-1.5408 (Reserved) ' 20-1.5409 (Reserved) 20-1.5410 Subcontractors. 20-1.5411 Waiver. 20-1.5412 Remedies. AUTHORITY: Sec. 8, Pub. L. 95-601, adding Sec.170A to Pub. L. 83-703, 68 Stat. 919, as amended (42 U.S.C. ch. 14) 120-1.5401 Scope and Policy (NRC)(a) It is the to avoid, policy or eliminate of neutralize the U.S. Nuclear Regulatory contractor Corr.ission organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of contract award. (b) Cont'ractor conflict of inte. rest determinations cannot be made automatically or routincly; 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 policy guidance. The ultimate test is: Might the contractor, if awarded the coni.ract, be placed in a position where its judgment may be biased, ' or where it may have an unfair competitive advantage'l (c) The conflict of interest rule contained in this subpart applies to contractors and offerors only. Individuals or firms who have other relationships with NRC (e.g., parties to a licen' sing proceeding) are not s covered by this regulation. This rule does not apply to the acquisition
. of consulting services through the personnel appointment orocess, NRC L
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agreements with other government agencies, international organizations, or state, local or loreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate. ! 520-1.5402 Definitions (c) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or Planned interests related to the work to be perfomed under an NRC contract which: (1) May diminish its capacity to give impartial, technically-sound, objective assistance and advice or may otherwise result in a - biased work product, or (2) may result in its being given an-unfairen competitive advantage.
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_ ,A (b) "Research" means a~ny scientific or technical work involving
- theoretical analysis, exploration, or experimentation.
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- Evaluation activities" means any effort involving the appraisal 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 . administration of its programs, projects, or policies which normally P
. require the contractor to be given access to information which has not -
been made available to the public or proprietary information. .Such services typically include assistance in the preparation of program plans; 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). (f) " Contractor" vans any person, firm, unincorporated association. ) joint venture, co-sponsoi, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives. - directors, key personnel (identified in the contract), proposed consultants ~ ( or subcont'ractors, which is a party to a contract with the NRC. - (g) " Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a~ third party controls or has the power to control both (41 CFR 51-1.606-1(e)). (h) " Subcontractor" means any subcontractor of any tier which performs supplies and work under a contract subcontracts in amounts withofthe NRC except
$10,000 or less.subcontracts for l (i) " Prospective contractor" or " offeror" means any person, firm,
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. (identified in the proposal), proposed consultants, or subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to ,
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1 1. . 4 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 tem " potential conflict { of interest" is used to signify those situations which merit investigation
. prior to contract award in order to ascertain whether award would give rise to an actual conflict or which irust be . reported to the contracting officer for investigation if they arise during contract perfomance.
520-1.5403 Criteria for recognizing contractor organizational conflicts of interest . (r.) General. Two questions will be asked in detemining whether actual or potential organizational conflicts of interest exist: .(1)Are there conflicting roles which might bias a contractor's fudgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the perfomance of the contract? The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of common sense and good business judgment based upon the relevant facts disclosed and the work to be perfomed. While it is difficult to identify and to prescribe in advance
- a. specific method for avoiding all of the various situations or relationships-which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation '
activities, or similar activities that lay direct groundwork for the NRC's' decisions on regulatory activities, future procuremefits, 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 ,
i 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 similar matter in which it is also providing assistance to any organization. regulated by the NRC. E l-(iii) Where the offeror or contractor evaluates its own products or l services, cr the products or services of another entity where the offeror or' contractor has been substantially involved in their development or marketing. (iv) Where the award of a contract would otherwise result in
', .' . placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advanhge for the offeror or contractor.
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(2)' The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances: (1) Where the offeror or contractor prepares specifications which are to be used in coinpetitive procurement of products or services covered by such specifications. , -
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. (ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive.
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. not available to the public concer/ing 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 infomatiots of its competitors. (v) Where the awtrd of a contract might otherwise result in placing .
%e 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. 4 (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 in .the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp. advises that it is currently performing similar analyses for the reactor manufacturer. a ;p ,. m - 3 g 9 g .4 .g.e 7 . me a.; w ,,y; g g y , , . . l Guidance. An NRC contrtet for that particular, work norpally would .
.not,be awarded to the XYZ Corp. because it would be placed in a positi.on .
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. TheABCCorp.,inresponsetoaRFP, prep ~osesto perform certain analyses of a reactor component which are unique to one - type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp. projects have any relationship' to the work calleid for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFF. or. gy y' o m . ., ,
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-/ 7590-01 Guidance.- An NRC contr 't normally could be awarded to the ABC Corp. because no conflict of 'terest exists which would motivate bias' with respect to the work. A., appropriate clause would be included-in the contract to preclude the ABC Corp. from subsequently contracting for work during .ae 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-var'ious . operational aspects of that type of plant so as to -
assure adequate safety protection of the public. Only one manufacturer has extensive experience with that type of plant.. Consequently, that company is the only one with,whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from O e data produced-because those decihions affect the reactor's design and thus the company's costs. Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC. Since the nature of the work required is vitally important in terms of NRC's responsibilities And no reasonable alternative exists, & waiver of
-the policy may be warranted. Any such waiver shall be fully (e;wmented -
at coordinated in accordance with the waiver provisions of thio policy with particular attention to the establishment of protective mechanisms to guard against bias.
-(4) Example. The ABC Co. submits a proposa') for a new system for evaluating a specific reactor component's performarre for the purpose of
~ developing standards that are important to the NRC pegram. 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 enluation 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 by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might otherwise accrue. When NRC furnishes information to the centractor 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.
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(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 520-1.5403(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 area contemplated by the KRC study. ~s - - 1 . -
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,m w c t c* N o q q s c n n Guidance. The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 3 20 "
1.5405-1(c) would preclude ABC Corp. from accepting work during .the torg 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. ,
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(2) It is not relevant that the contractor'has the professional' reputation of being able to resist temptations which arise from organization'l conflicts of interest, or that a follow-on procurement is not invol' ed, v or that a contract is awarded on a compet'itive or a sole source basis. 520-1.5404 Representation . . (a) The following procedures are d.esigned to assist'the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor.1 e ' -
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i (b) Representation procedure. The following organizationalWra 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 servicest (3) research; and (4) other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would
. be included in tne resulting contract. This representation requirement shall also apply to all modific.ations 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 provisior has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required. .
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(. - n * , ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I represent to the best of my knowledge and belief that: The award to of a contract or th'e modification of an
. \ existing contract does ( ) or does not ( ) involve situations or relationships
( the type set forth in 41 CFR's20-1.5403(b)(1).
'(c). Instructions to offerors. The following'shall be included in all NRC solicitations:- (1) If the representation as completed indicates that s'tuations or relationships of the type set forth in 41 CFR 520-1.5403(b)(1) are involved, or the contracting officer otherwise detemines that potential organizational conflicts exist, the offeror.
shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If the contracting officer determines that organizational (1) Impose appropriate . conflicts conditions exist, whichtheavoid following suchactions may)be conflicts. (ii taken: disqualify the offeror, or (iii) detemine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 1,20-1.5411. (2) The refusal to provide the representation required by 520-1.5404(b) or upon request of the contracting officer the facts required by s20-1.5404(c), shall result in disqualification of-the offeror for award. The nondiscicsure or misrepresentation of any relevant interest may also result in the disqualification of the' offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified 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
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I prohibits such exclusion. Any'such proposed exclusion by an offeror l will be considered by the NRC in the evaluation of proposals. If the l NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable. (e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered' to be a minor informality, and the offeror will be permitted to correct the omission. 5 20-1.5405 Contract clauses , s 20-1.5405-1 General contract clause 4
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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 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.,.g., y _
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(b) Scope. The restrictions described herein shall' apply to performance or participation by the contracter as defined in 41 CFR ' s 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 cortractor' shall obtain the written approval of the contracting officer prior to execution of such cor:tractual arrangement. , (d) Disclosure after award. (1) The contractor warrant? that 'o the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of j interest, as defined in 41 CFR 520-1.5402(a).4.gpg_gg
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.y li (2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shat 1 make an-inmediate and full disclosure in writing to the contracting officer.. I This statement shall include a description of the action which the - , contractor has taken or proposes to take to avoid or mitigat,e such " conflicts. The NRC may, however, teminate the contract for convenience if it deems such termination to be in the best interests of the government. (e) Access to and use of information. (1) If the contractor in the performance of this. contract obtains access to information, such as NRC plans, policies, reports, studie3, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been relaased to the public, the cohtractor agrees not jo:.(i) Use such released information to the public;for any(private ii) competepurpose for work for until thethe information Commission based has been g . c' " ' ; f.g. m w yEE45 s.y: M}$NG
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on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the ] q government based on such information until one year of ter the release of ' such information to the public, or (iv') release the information without prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.* (2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L. 93-579), or other confidential or privileged i technical, business, or financial information under this contract, the - t contractor shall treat such information in accordance with res*rictions placed on use of the information. (3) The contractor shall have,. subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private pu poses provided that all requirements of this contract have been met. (f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in . subcontracts of any tier. The terms " contract," " contractor," and
" contracting officer,"'shall be appropriately modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract. (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in i20-1.5411. I20-1.5405-2 Special contract provisions. (a) If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with 520-1.541'., neutralized through the use of an appropriate special contract provision. If appropriate, the offeror may
- n. gotiate the terms and conditions of these clauses, including the s
extent and time period of any such restriction. These provisions include but are not limited to:
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~ ,' a (1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; .
-(2) Software'eiciusion clauses; (3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized usei9aq n.cyc as aLcmntwcc;ng
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'(b) The following additional' contract clause may be included as -
section-(1) in the clause set forth ins 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational ' conflict of. interest. - - (i)' Follow-on effort. (1) The contractor sh611 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 perfom any technical consulting or management support services work or evaluation activities J ~
.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 products or services.
(2) If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contfactor shall' be ineligible to perform or participate in the initial contractual effort which is based on-such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in'this subparagraph shall not u. [ g
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f U. '(3) Nothing in this paragraph shall preclude the contracto'r,from y offering or selling its standard commercial items .to the governments " t
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s.20-1.5406 Evaluation," findings, arid contract award ; N # The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of $20-1.5404(b) and other relevant information. After evaluating this information agains't the criteria of J 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to a particular offeror. If it has oeen determined that conflicts of
.: interest exist, then tne contracting officer shall eitner:
j 4 7 h y .. . (a) Disqualify, the offeror from award.- - j;, f .. , ..
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. 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 bes.t 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 620-1.5411, neutralize the effects of the identified conflict. 520-1.5408 (Reserved) 520-1.5409 (Reserved) 520-1.5410 Subcontracts The contracting' officer shall require offerers and contractors to submit ~a representation statement in accordance with !20-1.5404(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 Vaiver In the first instance, determination with respect to the need to
- seek a waiver for specific contract awards shall be made by the contracting officer with the advice and concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, the E00 may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
1 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; l (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 cocuments shall be placed in the Public Document Room. s
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520-1. 5412 Remedies , In addition to such other remedies as may be permitted by law or contract f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required
- to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.
Dated at Washinoton. D.Cthis 27th _ day of Ma'rch .1979.M.pf ~
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fL (REVISED - 7/88) BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS AND PURCHASE ORDERS General. The contractor shall submit vouchers or invoices as prescribed herein. Form. Claims shal) be submitted on the payee's letterhead, invoice,
- or on the Government's Standard Form 1034, "Public Voucher for Purchases and Servicer Other Than Personal," and Standard Form 1035, "Public Voucher for Purchases Other Than Personal -- Continuation .
Sheet." These forms are available from the' Government Print'ing Office, 701 North Capitol Street, Washington, DC 208D1. Number of Copies and Mailing Address. An original and three copies shall be submitted to: US Nuclear Regulatory Commission Division of Accounting and Finance A*ITN: GOV /COM Accounts Section Washington, DC 20555 Frecuency. The contractor shall submit an invoice or voucher only after NRC's final acceptance of services rendered or products delivered in performance of the contract unless otherwise specified in the contract. Preparation and Itemization of the Voucher. T'e h voucher shall be prepared in ink or by typewriter (without strikeovers). Corrections or erasures must be initialed. The voucher must include the following: e a. Contract number and date.
- b. Voucher number.
- c. Date of voucher.
- d. Payee's name and address. (Show the name of the contractor and its correct address. When as assignment has been made by the contractor, or a different payee has been designated, insert the name and address of the payee.)
- e. Description of articles or services, quantity, unit pric.e. and total amount.
- f. Weight and zone of shipment, if shipped by parcel post.
- g. Charges for freight or express shipments. ' Attach prepaid bill if shipped by freight or express.
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- h. Instructions to consignee to notify the Contracting Officer of receipt of shipment.
- 1. Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency normally used by the contractor in maintaining his accounting records and payments will
. be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract. .' .
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Attachment 3 1 50La C&T AT 60"'fCL* T R ACT/MS F SCAT 40N FORMi -- 2VED CONTRACT PRICING PftOPOSAL COVER SHEET 30904116 _ esOTE: Two s e em is use in _ _ eonene it u __ et east er - oneine esso is soeuses (see #4a rs. sos 4 ten
- 3. Mates ANG AGGRE55 OF OFFERQR (JReadsSe E.JP Geesp 3A.NAME AND TaTLE OF OFFERQR'E PQlNT 35. T ELEPMONE NG.
OF CONTACT
- 4. TYPE OF CONTRACT ACTION (Cherh8 I D. LETTER CONTRACT A. NEW CONTRACT S.CNANCE ORDEA :
E. UNPRICED ORDER C. PRICE REVISION / REDETERadlNATION 5., TYPE OF CONTRg7 (Chered 6. PROPOSED COST (Aes=Cs CPlF A. COST s. HiG lT/ FEE C.TcTAL me PPP um CPFF ]CPAF FPI j OTHER sessesfys 3 3 $ T.m--m ANo #ERicos56 oF PERFoRMAseCE .
- 8. Use ansi votarense the issatsfisatsen, cuentity one tmt prios processe for seen convest sine isem. A line isem east ireemeews maoperting inis resso as re-eusse un6ees otmerwas essertine ey the .onvectwig e utticer. tcoassume en essever, and shes en paese pense. sf asssesary use same disadmies,s C. QUANTITY I 0* TOTAL PRICE E.REF.
A. LINE ITEM NO. B. IDENTIFICATION
- 9. PROVIDE NAME. ADDRESS, AND TELEPHONE NUMBER FOR THE FOLLOWING (if--=='-*k A. CONTRACT AoMaha5TRAT6oN orF CE s.AvoaTOFFacE AA A. DO YOu REQuen E GOVERN- 115. TYPE OF F6MANCING w enes 10.wlLL YQu NEQutRE THE USE CF Ahv GQwERNMENT ymOPERTY MENT CONTR ACT riNANCiNo ese TME PERFORMANCE of Twis woRMt fif "Yes " mensifys
- EStrifYe$$$ 0&&
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]YES O~O 43.85 TMd5 PROPOSAL MATiNo Aho ACCouMT CONNo 545amTENT wtTM voum ACTsCEs Amo E5TABLt5MED pRoCEmuREsEET6ANo L L.MAVE YOU 3.EEN AW A ADED ANY CCNTR ACT5 04 SveCONTR ACT5 POR TME $A at oR saMacAR ITEMS w Twin THE PAST 3 VEAR57 P AR PART 31 CQsT PRiteCIPLEst (1f "No "espasses rif "Yes." asenefy 8erpeted. eenssenwrNA and sensues nenneer/e?)
]YES NO O vEs O ~O
- 14. COST ACCOUNTING STANDARDS BOARU (CASSI DATA tPtstese gaae 33 379 as emended end FAR PAR 7 20A
- 5. MAVE Vou susM6TTED A CA5e D ELQ5VRE ETATEMENT
#CASS OS 8 er 387 tif **Yes.** ase#3fF 8R Propeeni ole effIce 80 apWh
- A. wSLTlOMI TMtB CONTRACT (ff **No.** eBSMR ACTIQre eE SWEieECT TD CASS REGubA-2 78tpmeiJ seemssend sud af deersusened as er eseetseet
[YES [NO YES O~O LEN NOTIFlED TMAT YOU A RE OR MAY eE sh NON- Q.15 ANY OtsCLOSEDASPECT OF TM*5 OR
#R ACTICES PROPOSAL aNCON5s5 AppLICASLE TINT WsTM YOum COST ACCOVNTapeG C.MaiVE VDu e COes#LIANCE wiTu vouR DesCb0suRE STATEteENT OR COST ACCOWNTINS STANDARD 57 fit
- Yes." esadess es propoemdA ST ANDARDSF (ff "Yes, espdest AN prWposesi C YES O ~O O vEs O "O Thes erasessi e ouesswties en sessenes to theRFP contract.eneesfastion.etc. 16.PsAMC GF F6R8ut in item 1 ene veflects our tuost esternosa
- 15. NAteE AND TITLE (Typet 3 8 DATE C' 3**"'55'GN
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ATTACHMENT STANDARD FORM 1411 WITH INSTRUCTIONS-
- i. SF 1411..provides a vehicle for the offerer to submit to the Government a pricing- proposal of estimated and/or incurred costs by contract line item with supporting Information, adequately cross-referenced, suitable for
, 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
~ 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, sunmary total amounts covering all line items must be furnished for each cost element. If agreement has been reached ~with Government representatives on use of forward pricing rates / factors, identify the agreement, incluce 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 summary of inoividual material quantities included in the various tasks, orders, or contract line items being proposed an:i the basis for pricing (vendor quotes, invoice prices, etc.). ' Subcontracted Items - Include parts, components, assemblies, and services that are to be produced or perfomed by others in accordance with offeror's design, specifications, or direction and that are applicable only to the . s 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 review and evaluation of subcontract
, proposals when required by FAR 15.806.
Standard Commercial Items - Consists of items that offerer normally fabricates , in whole or in part, and that are generally stocked in inventory. Provide an appropriate explanation of the basis for pricing. If 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). Interorganizational Transfer (at other than cost) - Explain pricing metheo used. (See FAR 31.205-26). Raw Material - Consists of material in a fom or : tate that requires further processing. Provide priced quantities of items required for the proposal. Purchased Parts - Includes material items not covered above. Provide priced quantities of items required for the proposal. , Interorganizational Transfer (at cost) - Include separate breakdown of cost by element.
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. Direct Labor -
Provide a time-phased (e.g. , monthly, qua rterly, etc.) breakdown. of labor hours, rates, and cost - by appropriate category, and furnish bases for estimates.
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Indirect Costs - Indicate how offeror has computed and applied offeror's
' indirect costs, including cost breakdowns, and shewing trends and budgetary data , to-. provide a basis for - evaluating ~ the reasonableness of proposed rates. 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
.. . servi:es, preservation. packaging and rework, a'nd Federal excise tax on finished articles) packing, spoilage and provide bases and for pe' icing.
Royalties - If more than $250, provide the following information on separate page for each separate royalty or license fee: name and address of 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 component on which the royalty is payable); percentage or dollar rate of royalty per unit; unit price of contract -item; number of units; and total-dollar amount of royalties. In addition, if specifically requested by the O Contracting Officer, provide a copy of the current license agreement and identification Lof applicable claims of specific patents. (See FAR 27.204 and31.205-27)..
Facilities Capital Cost of Money - When the afferor . elects to claim facilities capital cost of money as an allowable cost, the offeror must submit . Form CASB-CMF and show the calculation of the proposed amount (see FAR 31.205-10).
- 2. As part of the specific information required, the offeror must submit with offeror's proposal, and clearly identify as such, cost or pricing data (that is, data that are verifiaele and factual and otherwise as defined at FAR 15.801). In addition,' submit with offeror's proposal any information reasonably required to explain offeror's estimating process, including;
- a. The judg5 ental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and i
- b. The nature and a.nount of any contingencies included in the proposed, price.
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. 3. There is a clear distinction between submitting cost or pricing data and merely making available books, records, and. other documents without 4 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 ' Officer or an authorized representative. As later information comes into the offeror's possession, it should be promptly I submitted to the Contracting Officer. The requirement for submissior, cf j cost or pricing cata continues to the time of final agreement on price. l l
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4 In submitting offeror's proposal , offeror must include an index, appropriately referenced, of all the cost or pricing data and information accompanying or identified in the proposal. In addition, any future additions cad /or revisions, up to the da.te of agreement on price, must be ennotated on a supplemental index. S. By submitting offeror's proposal, the offeror, if selected for negotiation, grants, the Contracting Officer or an authorized representative the right to examine those books, records, documents, and other supporting data that will permit adequate evaluation of the proposed price,. This right may be exercised at any time before award.
- 6. As soon as practicable efter final agreeme .t on prich, but before the award resulting from the proposal, the offeror shall, und2r the conditions stated in FAR 15.804-4, submit a Certificate of Current Cost or Pricing Data.
- 7. Headings for Submission of Line-Item Suarnaries:
A. New Contracts (including Letter contracts). Proposed Contract Proposed Contract Cost Elements Estimate-Total Cost Estimate-Unit Cost Reference (1) (2) (3) (4) Under Column (1) - Enter appropriate cost elements. Under Column (2) - Enter those necessary and reasonable costs that in offeror's judgment will properly be incurred in efficient contract pe rformance. When any of the costs in this column have already been incurred (e.g., under a letter contract or unpriced order), . describe them on an attached supporting schedule. When reproduction or startup costs are significant, or when specifically requested to do so by the Contracting Officer, provide a full identification and explanation of them. under Column (3) - Optional, unless required by the Contracting Officer. I Under Column (4) - Identify the attachment in which the information supporting the specific cost element may ce found. Attach sepa ra te pages as necessary. - N l
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r. s.j + , [. ; s . F B. Change Orders (modifications). Cost of . - Estimated Deleted Cost of All Work Cost- Work Already Net Cost To Cost Of Net Cost Of Elements Deleted Performed Be Deleted Work Added Change Reference (1) (2)' (3) (4) (5) (6) (7) Under Column (1) - Enter appropriate cost elements., Under Column (2) - Include (i) current estimates of what the cost would have been to complete deleted work not yet performed, and (ii) the cost of deleted work already performed. Under Column (3) - Include the incurred cost of deleted work . already performed, actually computed if possible, or estimated in the Contractor's . accounting records. Attach a detailed inventory of work, materials, parts , . components, and hardware ' al ready purchased,
' manufactured, or performed and deleted by the change, indicating the cost and proposed disposition of each line item. Also, if offeror desires- to retain these items or any portion of them, indicate the amount offered 'for them.
Under Column (4) - Enter the net cost to be deleted which is the estimated cost of all deleted work less the cost of deleted work already performed. Column (2) less Column (3) = column (4). Under Column (5) - Enter the offeror's estimate for cost of work added by the change. When nonrecurring costs are significant, or when specifically requested to do so by the 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) less Column (5) = Column (6). Under Column (7) - Identify the attachment in which the information supporting the specific cost ' element may be found. Attach separate pages as necessary. I-L 9 e
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3 . ; O l C. Price bvision/ Redetermination j
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Number of humoer of Recetermina-Units Units To Be Contract tion Proposal Cutoff Dati Completed Completed Amount Amount Difference (1) '(2) (3) (4) (5) (6) 4 Incurrec , Incurred Incurrea Cost- Cost- Cost- Total Estimated 4 Cost. Preproduc- Completed Work In Incurred Cost To Estimated Elements tion Units Process Cost Complete Total Cost Reference (7) (8) (9) (10) (II) (12) (13) (14) Under Column: (1) - Enter the cutoff date required by the contract, if applicable. Under Column (2) - Enter the" numcer of units completed during the, period for which experienced costs of production are being submitted. Under Column i,3) - Enter the numeer of units remaining to be completed under the contract., Under Column (4) - Enter the cumulative contract emount. Under Column (5) - Enter the offeror's redetermination proposal amount. Under Column ($) redetermination - Enteramount. proposal the difference between the contract amount and the When this result is negative, place the l amount in parenthesis. Column (4) less Column (5) = column (6). Unde' r Column (I) - Enter appropriate cost elements. When residual inventory exists, the final costs established under fixed-price-incentive and fixed-price-receterminable arrangements should be net of the fair market value of such inventory. In support of subcontract usts, submit a listing of all subcontracts subject to repricing action, annotated as to their status. Under Column (3) - Enter all costs incurred under the contract before starting produc. tion 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 rearrangement, training program, and any identifiable nonrecurring costs such as initial rework, spoilage, pilot runs, etc. In the event the amounts are not segrepsted in or otherwise available from offeror's records, enter in this colurn ef feror's best estimates. Expla11 the basis for each estimate and how the costs are charged on of feror's accounting records
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a' . + . U L (e.g., included in production costs as direct engineering labor, charged to manufacturing overhead, etc.). Also how the costs would be allocated to th= 1 units at their various states of contract completion. ' Under Columns (9) and (10) - Enter in Column (9) the production costs from offeror's books and records (exclusive of reproduction costs reported in 1 Column (8) of the units completed as of the cutoff date. Enter in Column (10) the costs of work in process as determined from offeror's records or inventories at the cutoff date. When the amounts for work in process are not available in Contractor's records but reliable estimates for them can be i j made, enter the estimated amounts in Column (10) and enter in Column (9) the I differences between the total incurred costs (uclusive of reproduction costs) as of the cutoff date and these estimates. Explain the basis for the estimates, including identification of any prevision , for experienced or anticipated allowances, such as shrinkage, rework, design changes, etc. Furnsih experienced unit or lot costs (or labor hours) from inception of contract to the cutoff date, improvement curves, and any other available production cost history pertaining to the item (s) to which offeror's proposal relates. Under Column (II) - 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 whien
. Contractor's proposal relates.
Under Column (13) - Enter total estimated cost (Total of Columns (11) and (12)). Under ' Column (14) - Identify the attachment in which the information supporting the specific cost element may be found. Attach separate pages as neces sa ry. o 9 u __ . _ _ -- }
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* . ,ROFORM SPECIFICATIONS FOR
$ op-9'-4 L e DIVISION OF WASTE MANAGEMENT CONTRACTS l Microfiche used for submittal ' purposes shall conform to the following
- ' specifications
1.. Microfiche containing source documentation shall confom to the NMA Type I format (ANSI /NMA MS.5) consisting of 98 frames arranged in 7 rows and 14 columns.
- 2. The reduction ratio shall be 24:1 for all microfiche.
- 3. The microfiche shall be standard 148m x 105m.
- 4. The microfiche shall-be one silver-halide master and one diazo placed in individual acid free envelopes.
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- 5. Diazo duplicates may be either blue / black or black.
- 6. The microfiche shall be titled in the following manner:
FIN No. Title of Report Date Contract No. NUREG/CR No. Fiche No. Fiche numoer refers to pagination infomation, e.g.,1 of 2, 2 of 2, etc.
- 7. Title information shall be eye readable on a clear background.
- 8. The submittal of microfiche containing proprietary material shall be coordinated with the Document Control Branch, Division of Information Support Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555 to set format and procedures for submittal.
- 9. Foldouts, if any, shall be segmented and filmed in logical order.
. 10. The first frame shall be blank, and the second frame shall contain the resolution target (NBS 1010A).
- 11. , Questions on microfiche specifications should be submitted in writing to:
Document Control Branch, Division of Information Support Srrvices U.S. Nuclear Regulatory Commission, Washington, DC 20555 ' l I ____-_ - _}}