ML20247G592
| ML20247G592 | |
| Person / Time | |
|---|---|
| Issue date: | 05/22/1989 |
| From: | Wiggins E NRC OFFICE OF ADMINISTRATION (ADM), PHOTOCRAFT CUSTOM LAB, INC. |
| To: | |
| Shared Package | |
| ML20247G582 | List: |
| References | |
| CON-FIN-D-2400-9, CON-NRC-10-89-157 NUDOCS 8905310019 | |
| Download: ML20247G592 (49) | |
Text
r.
- c !
I
" "A" # "^
- AWARD / CONTRACT i THis CONTRACT IS A RATLD ORDf.R
!=
- 2. con r u Ac T < Proc. enst. eden,., No.
UNDER DPAS tlb CF R 350)
.>.EeFEC1,ve oArE 4. a mu,SI ,,oNyvacH A3e Rwut $ 1,Paoac T No.
1l 49
__NRC-10-89-157 July 1.1989 RS-ARM-89-157
- s. issum av ^U " # # # ' '" * " "#'"
CODE! CODEb _ _ . _ _ .
lU.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
'0iv. of Contracts & Property Mgmt. Div. of Contracts & Property Mgmt.
Mail Stop P-1042 Contract Administration Branch Washington, DC 20555 Washington, DC 20555
. 7. N AME AND ADDRESS OF CONT R ACTOR (No., street city, county. State and /IP Codel 8.DELtVERv Photocraft, Inc.
50 W. Gude Drive FOB ORIGIN
' X OTHER(See Sec-Rockville, MD 20850 9. m:OuiaT FOR PROuPT eAv"'N' tion F N/A
- 10. SUBMIT INVOICES j (4 copics unless other. fITEM wisc specified) TO THE 12 CODE ~ lF ACILITY CODE ADDRESS SHOWN IN
- 11. 3 hip .T O/M AH K F OR
- CODEI COD,E[
U.S. Nuclear Regulatory Commission See Section 0.1 . .
Di v1 lon of AccQunt ng and Finance GOV / OM Accounting ection Washington, DC 20555
- 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPE fl. 14. ACCOUNTING AND APPROPHI ATION DATA B&R No. 40-20-03-24 FIN No. D24009 0 to u.S C 23od(cii >
0 41 U S C. 25aien > APPN No. 31X0200.940 Obligated: $40,000.00 1EA. ITEM NO. 158. SUPPU ES/SE RVICES 15C. QU AN TITY 150. UNIT ISE. UNIT PRICE ISF AMOUNT Refer to Schedule Herein.
This is a Fixed Price Requirements Type Contract.
890531001'9 890522 PDR C ONTR NRC-10-89-157 PNU g l l 150. TOTAL AMOUNT OF CONTR ACT > $ 45.494.50 -
- 16. TABLE OF CONTENTS y) lSEC. l DESCRIPTION lPAGE(S) V) lSEC l DESCRIPTION lPAGE(S)
PART I- THE SCHEDULE PART il - CONTR ACT CLAUSES X 'A SOLICITATION /CONTR ACT FORM 1 Xl 1 l CONTRACT CLAUSES I35-4EI X B SUPPLIES OR SE RVICES AND PRICES / COSTS 8-16 PART lli- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X C DESCRIPTION / SPECS./ WORK STATEMENT 17-20 XlJ l UST OF ATTACHMENTS l 49 X D PACKAGING AND MARKING 21 PART IV - REPRESENTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 22 K REPRESENTATIONS. CERTIFICATIONS AND F DELIVERIES OR PERFORMANCE 23-24 OTHER STATEMENT 9 OF OFFERORS X
X G CONTRACT ADMINISTRATION DATA 25-30 L INSTRS .CONOS . AND NOTICES TO OF FE RORS X H SPECIAL CONTRACT REQUIREMENTS 31-34 M EVALUATION F ACTORS FOR AWARD CONTRACTING OFFICER WIL L CGMPL ETE ITEM 17 OR 18 AS APPLICABL E CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is re- 18. AWARD (Contractor is not required to sign this docurnent.) Your 17..
cuired to sign this document and return copies to assuins office.) of ter on So,icetation NumDer RS-ARM-RQ-1R7 dtd_4/1R/R9 .
- or or ot rw ide fed eDo a or ny ont n snee s or ini set orth n fut ove, s eret y ac p d as to e items led abov an
~
on atsai e suDi to a d gov red the tottow n a cu ent : (a)t S 6 ts o fhe f I ng d urnents: a he ov rnrr nt s 50 s tat o a our
- 5?'a,"ii#c'h,R'"tr#'Mari"i.'Jn's"%"aiea'J"Mefiil'rl c"Mi#'in"!'J !a','R'""""'"***'""*"'""""""""'""'*""'""~
ratarence herenn. (A ttachrnents are hated herenn.)
~
19A. NAME AND TITLE OF StGNER (T ype or print, 20A NAME OF CONTRACiYth0F'FICER E10is J. Wicains 190. N AME OF CONT R ACTOR 19C. DATE SIG NED 200. UNI 'O TAT FAM OCA 20C. DATE SIGNED
- (unature or person author,s.d to s,an> ** - - <Dur'e d cont $$O 6~/8/Et
! Le ,
! - o NRC-10-89-157 r
Administrative Changes-The following administrative changes are hereby made:
- 1. Paragraph B.2.a. is hereby completed by inserting the amount of
"$45,494.50."
- 2. Paragraph B.2.b. is hereby completed by inserting the amount of
"$40,000.00."
- 3. Paragraph F.2 is hereby completed by inserting the following:
"This contract shall commence on July 1,1989 and shall expire on June 30, 1991.
- 4. Paragraph G.1 is hereby completed by inserting the following:
Daniel F. Dehn U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue Mail Stop P-203 Bethesda, MD 20814 Telephone No. (301) 492-7559
(,
All other terms And conditions remained unchanged.
_ _ _ _ - _ _ _ _ _ _ - - - - - - _ - _ - - - - - - - - - - _ - - - - - - . - - a
4 ..
5:,,
v* ** "*%
i y- ,-
- UNITED STAT ES NUCLEAR REGULATORY COMMISSION g
- *' t 1 i wassmorow, p. c.nosos
'%,,'[,/ MAR 2 01989 NOTICE THIS PROCUREMENT IS 100% SET ASIDE FOR SMALL BUSINESSES ONLY SINCE NRC IS A SECURE FACILITY WITH PERIMETER ACCESS CONTROL, BIDDERS SHALL ALLOW ADDITIONAL TIME FOR HAND DELIVERY (INCLUDING EXPRESS MAIL AND 1ELIVERY SE4 VICES) 0F BIDS TO ENSURE THAT THEY ARE TIMELY RECEIVED IN THE DEPOSITORY AT THE ADDRESS SHOWN IN TTEM 9 ON THE STANDARD FORM 33.
t t
c l
- s. , Page 1 SOLICITATION, OFFER AND AWARD OMB No. 0505-0005
- 1. TITLE: Photographic Reproduction Services
~-~
- 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION RS-ARM-89-157 Sealed Bid (IFB)
SMALL BUSINESS SET-ASIDE (See Section I and L)
- 5. DATE ISSUED 6. REQUISITION / PURCHASE NO.
03/20/89 ARM-89-157
- 7. ISSUED BY 8. ADDRESS OFFER TO U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Div. of Contracts & Property Mget.
Div. of Contracts & Property Mgmt. Mail Stop P-1042 7920 Norfolk Avenue Washington, D.C. 20555 Bethesda, MD 20014 NOTE: In sealed bid solicitations, " offer d offeror" mean " bid and bidder".
SOLICITATION
- 9. Sealed offers in original and 3 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, 7920 Norfolk Ave., Bethesda, Maryland 20814, until 2:00 P.M. local time on 04/20/89.
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: Donna M. Umbel B. TELEPHONE NO.: (301) 492-4281 (No Collect Calls)
- 11. TABLE OF CONTENTS ,
PART/SECTION DESCRIPTION l PART I - THE SCHEDULE A SOLICITATION / CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES / COSTS C DESCRIPTION / SPECIFICATIONS / WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFER 0RS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD l EXCEPTION TO STANDARD FORM 33 STANDARD FORM 33(REV-4-85)
APPROVED BY GSA/0IRM 6/85 FAR(48 CFR) 23.214(C)
L - - - _ _ _ _ - - _ _ _ _ _ - - - - - - - __________________.___________ _ _ _ _ _ _ _ _ _ _ _ _ _
PAGE 2 SOLICITATION, OFFER AND AWARD OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52,214-16, Minimum Bid Acceptance Period.
- 12. In compliance with the above, the undersigned agrees, if this offer is accepted within 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) 10 Calendar days 20 Calendar days 30 Calendar days __ Calendar days
- 14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO DATE AMENDMENT NO DATE 15A. NAME AND ADDRESS OF OFFER 0R 16. NAME AND TITLE OF PERSON DUNS Code: Facility: AUTHORIZED TO SIGN OFFER (Type or Print)
ISB. TELEPHONE NO. (Include Area Code)
ISC. ( ) CHECK IF REMITTANCE ADDRESS IS DIFFERENT FRDM AB0VE--ENTER SUCH ADDRESS IN SCHEDULE
- 17. SIGNATURE: 18. OFFER DATE:
AWARD (To be completed by Government)
- 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
- 22. AUTHORITY FOR USING OTHER THAN FULL AND GPEN COMPETITION
( ) 10 U.S.C. 2304(c)( ) ( ) 41 U.S.C. 253(c)( )
- 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25:
(4 copies unless otherwise specified)
- 24. ADMINISTERED BY 25. PAYMENT WILL BE MADE BY (If other than Item 7)
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)
IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice.
EXCEPTION TO STANDARD FORM 33
, APPROVED BY GSA/0IRH 6/85 a
O
TABLE OF CONTENTS PAGE 3 SOLICITATION, OFFER AND AWARD . . . . . . . . . . . . . . . . . . . 1 TAB LE O F CONTENT S . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION B - SUPPLIES DL *ERVICES AND PRICE / COSTS . . . . . . . . . . 7 B.1 BRIEF DESCRIP'..ON OF WORK (MAR 1987). . . . . . . . . . . . 7 ALTERNATE I (MAR 1987)
B.2 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS . . . . . . . 7 (MAR 1987)
B.3 SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION C - DESCRIPTION / SPECIFICATION. . . . . . . . . . . . . . . . 17
/ WORK STATEMENT C.1 STATEMENT OF WORK (MAR 1987) . . . . . . . . . . . . . . . . 17 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . 21 0.1 PACKAGING AND MARKING (MAR 1987). . . . . . . . . . . . . . 21 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . 22 E.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 22 (FAR 52.252-2) (APR 1984)
E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) . . . . . . . 22 SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . 23 F.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 23 (FAR 52.252-2) (APR 1984)
F. 2 DURATION OF CONTRACT PERIOD (MAR 1987). . . . . . . . . . . 23 F.3 DELIVERIES. . . . . . . . . . . . . . . . . . . . . . . . . 23 F.4 SPECIAL DELIVERY TRIPS. . . . . . . . . . . . . . . . . . . 24 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . 25 G.1 PROJECT OFFICER AUTHORITY (MAR 1987). . . . . . . . . . . . 25 ALTERNATE I (MAR 1987)
G.2 PROMPT PAYMENT (52.232-25) (FEB 1988) . . . . . . . . . . . 25 ALTERNATE II (FEB 1988)
SECTION H - SPECIAL CONTR/CT REQUIREMENTS. . . . . . . . . . . . . . 31 .
H.1 PRIVATE USE OF CONTRACT INFORMATION AND DATA (MAR 1987) . . 31 H.2 DRAWINGS, DESIGNS, AND SPECIFICATIONS (KAR 1987). . . . . . 31 H.3 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST . . . . . . 31 (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
H4 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS. . . . . 33 (MAR 1987)
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED . . 33 i (MAR 1987) l I
PART II - CONT RACT C LAUS E S . . . . . . . . . . . . . . . . . . . . . 35 SECTION I -
CONTRACT C LAUSES . . . . . . . . . . . . . . . . . . . 35 I.1 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . 35 (FAR 52.252-2) (APR 1984) 1.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7) . . . . . . . . . . 36 I.3 ORDERING (FAR 52.216-18) (APR 1984) . . . . . . . . . . . . 38 I.4 DELIVERY-ORDER LIMITATIONS. . . . . . . . . . . . . . . . . 38 (FAR 52.216-19) ( APR 1984)
TABLE OF CONTENTS PAGE G )
I.5 REQUIREMENTS (FAR 52.216-21) (APR 1984) . . . . . . . . . . 39 ALTERNATE I (APR 1984) 4 1.6 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL , . . . . . . . . 40 YEAR (FAR 52.232-19) (APR 1984) l 1.7- SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984). . . 40 PART III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . . 49 AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . 49-J.1 ATTACHMENTS (MAR 1987) . . . . . . . . . . . . . . . . . . . 49 PART IV -
REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . 50 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . 50 OTHER STATEMENTS OF 0FFER0RS K.1 CERTIFICATE OF INDEPENDENT PRICE. . . . . . . . . . . . . . 50 DETERMINATION (FAR 52.203-2) (APR 1985)
K.2 CONTINGENT FEE REPRESENTATION AND . . . . . . . . . . . . . 51 AGREEMENT (FAR 52.203-4) (APR 1984)
K.3 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING . . . . . . . 52 (FAR 52.214-2) (JUL 1987)
K.4 PARENT COMPANY AND IDENTIFYING DATA . . . . . . . . . . . . 52 (FAR 52.214-8) (APR 1984)
K.5 PLACE OF PERFORMANCE--SEALED BIDDING. . . . . . . . . . . . 52 (FAR 52.214-14) (APR 1985)
K.6 MINIMUM BID ACCEPTANCE PERIOD . . . . . . . . ...... 53 (FAR 52.214-16) (APR 1984)
K.7 SMALL BUSINESS CONCERN REPRESENTATION . . . . . . . . . . . 53 S
(FAR 52.219-1) (MAY 1986)
K.8 SMALL DISADVANTAGED BUSINESS CONCERN. . . . . . . . . . . . 54 REPRESENTATION (FAR 52.219-2) (APR 1984)
K.9 WOMEN-0WNED SMALL BUSINESS REPRESENTATION . . . . . . . . . 55 (FAR 52.219-3) (APR 1984)
K.10- PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. . . . . . . . . 55 (FAR 52.220-1) (APR 1984)
.K.11 CERTIFICATION OF NONSEGREGATED FACILITIES . . . . . . . . . 55 (FAR 52.222-21) (APR 1984)
K.12 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . 56 (FAR 52.222-22) (APR 1984)
K.13 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . 57 (FAR 52.222-25) (APR 1984)
K.14 ORGANIZATIONAL CONFLICTS OF INTEREST (MAR 1987) . . . . . . 57 K.15 CERTIFICATION REGARDING DEBARMENT STATUS (MAR 1987) . . . . 58 K.16 QUALIFICATIONS OF CONTRACT EMPLOYEES. . . . . . . . . . . . 58 K.17 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT. . . . . . . . . 58 K.18 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE . . . . . . . 60 (FAR52.223-5)
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES. . . . . . . . . . 63 TO OFFER 0RS L.1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . . . . 63 '
REFERENCE (FAR 52.252-1)(APR1984)
L. 2 PERIOD FOR ACCEPTANCE OF BIDS . . . . . . . . . . . . . . . 63 (FAR 52.214-15) (APR 1984) 9
TABLE OF CONTENTS PAGE 5 L.3 SERVICE OF PP.0 TEST (FAR 52.233-2) (JAN 1985). . . . . . . . 64 L.4 SMALL BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION . . 64 (MAR 1987) ALTERNATE I (MAR 1987)
L.5 DISPOSITION OF BIDS (MAR 1987). . . . . . . . . . . . . . . 64
. L.6 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987). . 64 L.7 LOCATION OF BID OPENING (MAR 1987). . . . . . . . . . . . . 65 L.8 ABSTRACT OF BIDS (MAR 1987) . . . . . . . . . . . . . . . . 65 L.9 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (MAR 1987). . 65 L.10 CONTRACTOR'S PROPOSED PERSONNEL . . . . . . . . . . . . . . 65 L.11 TIMELY RECEIPT OF PROPOSALS / BIDS. . . . . . . . . . . . . . 66 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . 67 M.1. SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . . . . 67 REFERENCE (FAR 52.252-1) (APR 1984)
M.2 BIDDER QUALIFICATIONS AND PAST EXPERIENCES. (MAR 1987). . . 67 M.3 BID EVALUATION (MAR 1987) . . . . . . . . . . . . . . . . . 68 1
1 I
i I
. _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ ____ _ .U
r-----._.,. . - - . _ _ _ .--_ _ ___ _ _ _ _ _ ___--_-_ _
! PAGE 6
- s. . . .i 1
t OFFER 0RS/ BIDDERS PLEASE NOTE:
1 An (*) means the information is to be incorporated into any .
resultant contract. .
i:
b i
i i
i r
i l
j-l-
1
'Q r- )
PAGE 7 RS-ARM-89-357 Section B SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS i
B.1 BRIEF DESCRIPTION OF WORK (MAR 1987)
ALTERNATE I (MAR 1987)
- a. Brief description of work:
Photographic Reproduction Services
- b. Orders will be issued for work required by the NRC in accordance with 52.216 Ordering. The NRC reserves the right to withdraw a proposed order at any time prior to its formal award.
Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract. The provisions of this i contract shall govern all task orders issued hereunder.
(End of Clause) 8.2 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS (MAR 1987)
- a. The total estimated amount of this contract (ceiling) for the products / services ordered, delivered, and accepted under this contract is ___*___. The Contracting Officer or other individual specifically authorized under this contract may unilaterally increase this amount as necessary for completion of orders placed with the contractor during the contract period provided such orders are within any maximum ordering limitation prescribed under this contract.
- b. The amount presently obligated with respect to this contract is ___*___. The Contracting Officer may issue orders for work up to amount presently obligated. This obligated amount may be
( unilaterally increased from time to time by the Contracting Officer by written modification to this contract. The ;
obligated amount shall, at no time, exceed the contract ceiling as '
specified in paragraph A above. When and if the t. mount (s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue !
performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract.
Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk.
(End of Clause) l l
l
REFERENCE NO, OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 8 69 ARM-89-157 paces
- NAME OF OFFEROR OR CONTRACTOR ITEM NO. SUPPLIES /SE RVICES QUANTITY UNIT UNIT PRICE AMOUNT
- B.3 SCHE ULE Section B - Supplies or Services and Prices / Costs B.1. Brief Description of Work The contractor shall furnish all labor, material, facilities and equipment for the photographic requirements specified herein for a period of 24 months from date of award.
TWO YEAR ESTIMATES Services.
- 1. Processing Black and White Film Size of Film:
A. 4" x 5" sheet film 40 NG $ $
B. Roll film size 120 - 20 exposures (fine grain processing) 20 RL $ $
C. Roll film size 135 - 24 exposures 20 RL $ $
D. Roll film size 135 - 36 exposures 20 RL $ $
E. Roll film size 220 - 24 exposures 10 RL $ $
- 2. Prints - Black and White Size of Negatives Size of Prints A. 24 x 35 mm and 120 2-i" x 2-i" passport 20 PR $ $
B. 24 x 35 mm 3-i" x 5" First Print 100 PR $ $
Duplicates 300 PR $ $
C. 24 x 35 mm 4" x 5" to 4" x 5" First Print 120 PR $ $
Duplicates 60 PR $ $
. "attse?;t?!.a '"" "'""
GPO 1984 0 - 432-126 'T.^"2".%i"."111 FAR (48 CFR) S3
. i 4
1
..e .
REFERENCE NO. OF OOCUMENT BEING CONT ANUED PAGE. OF CONTINUATION SHEET 9 69
,.. now_no_gv
- Acts
- NAME OF OFFEROR OR CONT RACTOR ITEM NO, SUPPLIES / SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
- 2. Continued Prices offered under Items 20 through 2M TWO YEAR should assume that approximately 3 percent ESTIMATES of the prints will be on double weight matte paper.
Size of Neaatives Size of Prints D. 24 x 35 mm to 4" x 5" 5" x 7" First Print 300 PR 1 $
Duplicates 200 PR $ $
E. 24 x 35 m to 8" x '10" A" x 10"
'irst Print 2000 PR $ $
Duplicates 4000 PR $ $
! F. 24 x 35 mm to 8" x 10" 11" x 14" First Print 100 PR $ $ _._
, Duplicates 50 PR $ $
l G. s < 36 mm to 8" x 10" 16" x 20" First Print 20 PR $ $
Duplicates 16 PR $ $
H. 24 x 36 mm to 8" x 10" 20" x 24" First Print 10 PR t $
Duplicates 10 PR $ $
I. P4 x 36 mm to 8" x 10" 30" x 40" First Print 10 PR $ $
Duplicates 10 PR $ $
J. Contact proofs sheets of either 4 strips 35 mm 20 exposures, 6 strips 35 m 36 exposures. 3 strips of 120 roll or four 4" x 5" negatives or 8" x 10" 100 PR $ $
Prints - Black and White Contact Prints K. 8" x 10" 8" x 10" l First Print 200 PR $ $
l Duplicates 100 PR $ $
NSN 7540-01 152-3067 36 309 STANDARD FORM 36 (REv.10-83)
Ptivious tDifsON USASLE ' ^
GPO 1984 0 - 432-12f, ly D,VR J13
k' '
R (ql -
} :- l i
a REFERENCE NO.Of 2 DOCUMENT BEING CONT 6NVED PAGE OF CONTINUATION SHEET 10 69 ARM.RQ.167 PAGES.
F NAME OF OFFEROR OR CONTRACTOR ITEM NO. SUPPLIES / SERVICES - QUANTITY UNIT UNIT PRICE AM'UNT O
TWO YEAR ESTIMATES
- 2. . Continued L. 11" x 14" 11" x IC' First Print 30 PR $ $
Duplicates 10 PR $ '$
M 16" x 20" 16" x 20" First Print 20 PR $ $-
Duplicates 10 PR $ $
- 3. Prints - Black and White From Color Negatives Size of Negatives Size of Prin ts A. 24" x 36 mm to 8" x 10" 5" x 7" First Print 50 PR $ $
Duplicates 100 PR $ $
B. 24" x 36 mm to 8" x 10" P x 10" First Print 50 PR $ $ -
Duplicates 100 PR $ $
4 Copy Negative Black and White Original copy may be transparent or opaque material, continuous tone of line photograph 1, drawings, charts or other art work in either black or white or color. Sizes may be up to 40" x 60". Work will require the use of both orthochromatic and panchromatic film and, in some cases, the use of correction filters may be necessary. Price will be for completed processed negative. Line original must be shot on high contrast film to provide the best line production.
Prices offered under Items 4.B. 4.0 and 4.F should include opaquing as required.
Size of Negatives A. Up to 4" x 5" - Continuous Tone 200 NG $ $
B. Up to 4" x 5" - Linc Negative 300 NG $ $
c C. 8" x 10" - Continuous Tone 30 NG $ $
e GREV*$,. EDITI U A8LE esc IDed by $A CPO i 1984 0 - 432-126 F
- 84 (48 CF R) 53.113 i W -d
.. . REFERENCE NO, OF DOCUMENT BE8NG CONTINUED PACE OF CONTINUATION SHEET Ij 69
- ADM.AQ.147 PAGEs NAME OF OFFEROR OR CONT RACTOR ITEM NO. SUPPLIES / SERVICES OuANTITY UNIT UNIT PRICE AMOUNT
!+
- 4. Continued TWO YEAR ESTIMATES Size of Neoatives D. 8" x 10" - Line Negative 500 NG $ $-
E. 11" x 14" - Line Negative 50 NG $ $
F. 16" x 20" - Line Negative 20 NG $ $
- 5. 35mm Slides Original copy may be transparent or opaque material, continuous tone or line photographs, drawings, charts, or other art work in either black or white or color.
Sizes may be up to 40" x 60".
A. Black and White Positive First Slide 200 SL $ $
Duplicates 100 SL $ $
B. Black and White Negative First Slide 150 SL $__ $
Duplicates 100 SL $ $
C. Black and White Positive slide with color gelatin added (yellow, blue, red
-or green) First Slide 200 SL $ $ i Duplicates 100 SL $ $
D. Black and White Negative slide with color gelatin added (yellow, blue, red or green) First Slide 100 SL $ $
Duplicates 50 SL $ $
E. Color Slide First Slide 600 SL $ $
Duplicates 300 SL $ $
F. Diazo Slide First Slide 200 SL $ $
(Red,greenorblue) Duplicates 100 SL $ $
G. Color Slides - 35 mm First Slide 150 SL $. $_
color slide (Print film) Duplicates 300 SL $ $
from color neoatives sizes 110 to 8" x 10" l
NSN 7540-01-152-8067 36 309 STANDARD FORM 36 (REV.10-84)
PRfWous EDITION U$A8tt CPO 1964 0 - 432-126 P'*y'(8yC 4 R 3.113
_ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ - . __ __ _ _ _ a
y7 ;,5 7 , y y .- --------------------------y or ,, ,g s , 1 -
.x . .,
-j PZFERENCE P00. CeF DOCUMENT BEING CONTINVED PAGE- .OP k ~ CONTINUATION SHEET : .
ADM.no_157
.. ~12 :69 Pacts NAME OF 0FFEROR OR CONTRACTOR f: ITEM NO '
. sV* PLIES / SERVICES . QUANTITY UNIT UNIT PRICE AMOUNT h.
TWO' YEAR ESTIMATES
- 6. 35m Duplicate Slides from 35m Original-A. Black and White First Slide 50 SL $ $ ^
Duplicates 100 SL $ $
B. Color First Slide 800 SL $ .$
Duplicates 600- SL $ $
'7. Mounted Vuoraphs from Supplied Art, Photos, or Transparencies. 35mm to 40" x 60" A. Negative Vugraph-(Line) -100 VU $ $
B. . Positive Vugraph (Line or Continuous Tone) 300 VU $ $
C. ColorVugraph(Ektachrome)' 80 VU $ $
_ 8. Mounted Vuoraphs from Supplied Negatives, Sizes 35mm to 6" x 10" A. - Black and White (Line or Continuous Tone )
- First Vugraph . 100 VU $ $
Duplicates 80 VU $ $
B. Color (Print Film)
- First Vugraph 50 VU $ $
- Duplicates 30 VU $ $
- 9. Diazo Vuoraphs Diazo vugraph from 8" x 10" line negative 150 VU $ $
- 10. Processing Only Color Negatives. Roll and Sheet A. 135 - 24 exposures, Vericolor and Kodacolor films 10 RL $ $
f, 135 - 36 exposures, Vericolor and Kodacolor films 60 RL $ $
C. 120 - 12 exposures, Vericolor and
. Kodacolor films 20 RL $ $
EAYo'uNiiEOlne c,o , ,,84 o - 432-126 f*h ihc,S,
1 i
. 1 f
REFEREtoCL NO. OF DOCUMENT BEING CONT 6NVED PAGE OF CONTINUATION SHEET 13 69 ARM R4.1R7 PAGES NAME OF OFF EROR OR CONTRACTOR ITEM NO. SUPPLIES /SERVICEE QUANTITY UNIT UNIT PRICE A;AOUNT '
i TWO YEAR ESTIMATE!
- 10. Continued D. 220 - 24 exposures, Vericolor and Kodacolor films 10 RL $ $
E. 4" x 5" Type "L" 10 SH $ $
F. A" x 5" Type S" 10 SH $ $
- 11. Color Copy Necatives from Art or Photos, Up to 40" x 60" A. 4" x 5" Negatives 80 NG $ $
B. 8" x 10" Negatives 10 NG $ $
- 12. Color Interneoatives from Color Transparencies. 35mm to 8" x 10" A. 35mmInternegatives(6011) 50 NG $ $
B. 4" x 5" Internegatives (4112) 200 NG $ $
C, 8" x 10" Internegatives 10 NG $ $
- 13. Process, Mount and Number Color Reversal 35 nn Film A. 135 - 24 exposures, Ektachrome 50 RL $ $
B. 135 - 36 exposures, Ektachrome 300 RL i $
C. 135 - 24 exposures, Kodachrome 50 RL $ $
D. 135 - 36 exposures, Kodachrome 100 RL $ $,
- 14. ESP or " PUSH" Processino Ektachrome 35 mm Film A. 135 - 24 exposures, Ektachrome 10 RL $ $
B. 135 - 356 exposures, Ektachrome 20 RL $ $
- 15. Type R Color Prints from 35 mm Color Slides A. 5" x 7" First Print 50 PR $ $
Duplicates 30 PR $ $
NSN 7b40-01-152-3067 36109 STANDARD FORM 26 (MEV.10 83)
QtylOUS EDifiON USASLt "'escribed Dy CSA GPO : 1984 0 - 432-126 F AR (48 CF R) 53.11)
REFERENCE NO. OF DOCwMENT BEING CONTINVED PAGE OF 3 CONTINUATION SHEET 14 69' ADM.AQ.1E7 - PAGES NAME OF OFFEROR OR CONTRACTOR
- ITEM NO. SUPPLIES /3E RVICES QUANTITY UNIT UNIT PRICE AMOUNT j
TWO YEAR R
ESTIMATES I
- 15. Continued B. 8" x 10" First Print 50 PR $ $
Duplicates 30 PR $ $
- 16. Color Prints from Color Necatives. Sizes 35 mm to 8" x 10" A. 3-1" x 5" First Print 500 PR $ $
Duplicates 80 PR $- $
B. 4" x 5" First Print 50 'rR $ $
Duplicates 30 PR $ $
C. 5" x 7" First Print 250 PR S $.-
Duplicates 100 PR $ $
D. 8" x 10" First Print 250 PR $ $
Duplicates 500 PR $ $
F. 11" x 14" First Print 20 PR $ $
Drip 11 cates 50 PR $ :$
F. 16" x 20' First Print 20 PR $ $
Duplicates 10 PR $ $
G. 20" x 24" First Print 20 PR $' $
Duplicates 10 PR $ $
H. 30" x 40" 10 PR $ $
I. 8" x 10" Proof Sheet 20 PR 1 $
' 17. Special Delivery Trips as specified under F. herein. 20 TR $ $
- 18. Mileage avid Travel as specified ;nder C.I.1.6 herein.
A. Mileage and travel time only from to Bethesda, Maryland or 40 TR $ $
within a five-mile radius thereof and return.
. EvEuNNOI" cro , o84 o - 432-i2e j ac',y5A, A
la pryn ,
4_ *a,,-
Y .t '; A
' j;. ' . '
1 5 D l. REF ERENCE NO.CF DOCUMENT BEtt0G CONT 4NVED PAGE OF-b '
! TEM NO ' L SUPPLIES /SE RVICEs QUANTITY UNIT UNIT PRICE AMOUNT l
TWO YEAR ESTIMATES
- 18. -Continued B. Mileage and travel time only from to One White Flint 20 TR .$. $
Rockville, Maryland or within a five-m;?e radius thereof and return.
C. Mileage and travel time only from to Downtown, Wash. 00, 10 TR $ $
or within a five-mile radius thettof and return.
D. Still Pictures Biddcr shall include a charge for the first full hour and on an hourly rate thereafter for photographic services while actually located at the site taking STILL PICTURES at the NRC Project Officer's- request.
- 1. Charge ~for the first full werkina 70 HR $ $
hour or fraction thereof.
- 2. Charge:for each additional hour afte r first full hour. Fractional parts o F a working hour shall be proprated on the hourly rate set fortn under this Item 18.0.2. 20 HR $ $
ESTIMATED AMOUNT (Item Nos. I through 16 )......... ,... ............ $_
ESTIMATED AMOUNT (Item Nos. I through 18 )......... .... ............ .$_
- 19. Expedited delivery in accordance with reactrements specified under F.
A. Percentage of price increase per unit l for expedited work ordered to be ;
performed during regular workdays. (It is estimated that 10 percent of all work would be ordered on this basis.)
36 309 STANDARD FORM 36 (Rev. 30-83)
. N5N 7540. 01 152 8067 A
P#tv.OV5 tDIYlON U5Allt GPO i 1984 0 - 432-126 [rmri dyy ,
REFE,RENCE NO.OF DOCUMENT BE6NG CONTINVED PAGE OF CONTINUATION SHEET
,, , 16 69 ,,o,,
NAME OF OFF EROR OR CONT RACTOR ITEM NO. SUPPLIES / SERVICES OVANTITY UNIT UNIT PRICE AMOUNT
% X (10% of total esimated amount Items 1 through 16) = $ .......... .... ............ . $
B. Percentage of price increase per unit for expedited work ordered to be actually performed on other than regular workdays. (It is estimated that 10 percent of all work ordered to be performed on other than regular workdays.) ,
% X (10% of total estimated amount Items 1 through 16) = $_ .......... .... ............ . $
I l
TOTAL AM0UNT....... .......... .... ............ .$ I i
l i
l l
l l
l l
. C45N F340-06-152-8067 36 109 STANDARD FORM 36 (REV.10 83)
PRivtOU5 EDmoN USASLE Pr r Ded Oy A GPO 1984 0 - 432-126 p l .. 1
5 c,. . . , .
'RS-ARM-89-157 PAGE !7 Section C
.SECTION C - DESCRIPTION / SPECIFICATION
/ WORK STATEMENT C.1- STATEMENT OF WORK (MAR 1987)
C.1.1 Scope of Work The enntractor shall furnish all labor material, and equipment in connection with processing and printing of negatives, and production of slides. Work orders and material to be processed by the contractor shall be picked up at NRC by the contractor's messenger and delivered to the contractor's place of business, as hereinafter specified. Finished products shall be delivered by the contractor to the U.S. Nucicar Regulatory Co m ission at 7920 Norfolk Avenue, Bethesda, Maryland. 'All contract prints and enlargements will have no more than 1/4" nor less than 3/16" white border unless otherwise specified. Special cropping shall be performed as specified in job orders. In most cases, print-dodging and printing-in will be .left to the best judgment and skills 'of a qualified laboratory, technician (printer), however, specific instructions may be given with the order. .All prints shall be glossy and on a single weight paper unless otherwise specified.
All prints shall be developed for the highest quality results it accordance with the best standards of the photographic trade. The contractor shall maintain or have ready access to
, sufficient supplies of materials.to meet the requirements i of the contract.
C.1.1.1 Color Work Color work shall consist of processing and printing film sizes 135 mm to 8" x 10", processing and mounting 135 mm slides and 8" x 10" vugraphs. Color film supplied by the Commission will be Ektachrome and Kodachrome reversal films, Ektacolor and Kodacolor, and Varicolor negative films. Copy negatives and duplicates transparencies will be required. Color prints in sizes 3" x 5" to 30" x 40" shall also be required. All color work shall be of top display quality, including color corrections, masking, special dodging, printing-in, and cropping, as indicated. Acceptability will be determined by the Project Officer.
l l
l RS-ARM-89-157 PAGE 18 Section C C.I.1.2 Processing i Black and white film, sizes under 4" x 5" shall require j fine grain processing, such as HC-110, Polydol, D-76, '
Microdol-X or comparable. Washing should be as thorough as possible in order to secure the maximum possible performance of negatives and prints. Negatives and prints shall have no more than .005 milligrams of residual hypo per square inch of film.
C.1.1.3 Quality and Acceptance of Work All workmanship shall be first class, indicative of the highest standards of the photographic trade, in accordance with any applicable specification, and performed to the satisfaction and with the approval of the Project Officer. All articles and materials incorporated in the work are to be of the most suitable grade of their respective kinds for the purpose. The Project Officer and/or the Contracting Officer shall be the sole judge of the quality of work. Work not in accordance with the specifications or of unacceptable quality shall be remade by the contractor at no expense to the Government.
In the event it is found that negatives are missing in a i delivery, or that additional hand or camera operations such as retouching, opaquing, or remaking of negatives due to poor workmanship or material are required, the delivery shall be considered incomplete and the contractor declared in default of the delivery schedule until such work is finished or the missing items are received, and delivery is considered complete by the Contracting Officer.
C.1.1.4 Finished Products - Black and White and Color Film A. All processed 4" x 5" negacives or transparencies shall be in separate transparent negative, preserver envelopes open at two ends, and placed in individual '
brown kraft negative envelopes when returned to the Commission. Processed 20-120 size film shall be cut into strips of two exposure; and packaged in glassine envelopes open on one end than placed in individual 4" x 5" brown kraft negative envelopes.
B. Processed 35 mm black and white and color negatives, 20 and 36 exposure rolls shall be cut into strips no longer than six frames and delivered in transparent negative preservers open on two ends, size 9-1/2 x 1-7/8 inches.
C. All 35 mm transparencies and duplicates shall be mounted in 2" x 2" cardboard slide mounts, unless otherwise specified and packaged in cardboard boxes holding up to 36 slides each.
. l
RS-ARM-89-157 Section C D. The contractor shall have equipment capable of holding up to 40" x 40" copy, and reducing it down to 35 mm slides or larger sizes au may be required.
E. Negatives, slides, and vugraphs shall be properly ,
cleaned in order to produce the best possible '
reproduction. Whenever possible, slides and vugraphs shall be removed from mounts before being reproduced, care being taken so as not to destroy I.D. numbers or other information on the mounts.
C.1.1.5 Job Orders A. General. Job orders for services hereunder will be issued at the sole option of the Commission.
However, the Commission agrees to order from the contractor its ordinary Headquarters operation requirements for the services described herein which cannot be undertaken "in-house." The contractor shall be obligated to perform the services specified !
in each Job Order issued hereunder during the term of this contract.
B. Ordering Services. Job Orders for services required hereunder shall be issued in writing, dated, and numbered. They shall set forth:
(1)'The supplies er . services being ordered; (2) The quantities to be furnished; (3) Delivery or performance dates; (4) Place of delivery or performance; and (5) Packing and shipping instructions, if any.
All Job Orders shall be issued by the NRC Project Officer or his authorized representative.
C.1.1.6 Photographer's Service There will be occasional requirements for a photographer and the necessary photographic equipment including a 4" x 5" negative size camera for the taking of individual, group, or subject pictures. On those occasions, the contractor may be required to report to and perform such services at any one of the Commission's several Headquarters offices, or within a five-mile radius thereof, within one hour after receipt of notification from the Commission of such need. Film must be processed and proofs returned within a maximum of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> of .
receipt of assignment.
Mileage and Travel (At the Prices Set Forth Under Items 18.A., 18.B., and 18.C. cf the Price Schedule).
- RS-ARM-89-157 9: tion C l.
f .:
A charge per. round trip from the contractor's place of business.to the Commission office, or within a five-mile radius thereof, and return will be allowed. - The' charge shall cover the cost of.the photographer's time while enroute as well'as the transportation cost.
C.2 Travel
' All domestic travel. requires the prior approval of the Project Officer.
(End of Clause)
- i O
O
. - - - - - - - _ - _ _ . - - - . - .u--_-. -.a_-_-__ .-,._-,---___._---.----_-u__- .
- - - - .,..-----..._-.a.--.__....a- ._- .- - - - - - . - - - - - _ . - - _ - - - - - - _ _ - . - - - - _ _ _
4
- PAGE 21
- RS-ARM-89-157 .Section D' SECTION O - PACKAGING AND MARKING D.' 1 PACKAGING AND MARKING (MAR 1987)
The Contractor shall package material for shipment to the NRC in such a manner that will insure acceptance by common carrier and-safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation. On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.
(End of Clause) i l
l d
_ _. . _ _ _ __ __ ._ _ _ _ _ . _--_-___--____-__m
I PAGE 22 RS-ARM-89-157 Section E SECTION E - INSPECTION AND ACCEPTANCE s
E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (APR 1984) dlll This contract incorporates the following clauses by reference.
These clauses have the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available.
5 I.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER CLAUSE NUMBER DATE TITLE 52.246-4 APR 1984 E.2 INSPECTION OF SERVICES -- FIXED-PRICE PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) furnished hereunder shall be made by the Project Officer destination. e (End of Clause) 9
- r k PAGE 22 RS-ARM-89-157 Section E 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.
These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text svailable.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 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 l furnished hereunder shall be made by the Project Officer at the destination.
(End of Clause) 9 9
4 l' - _ _ _ _ . - _
4
'PAGE 23 RS-ARM-89-157 Section F l
p.
SECTION F - DELIVERIES OR PERFORMANCE F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (APR 1984)
This contract incorporates the following clauses by reference.
Thase clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE None by reference F.2 DURATION OF CON 1RACT PERIOD (MAR 1987)
This contract shall commence on the effective date of this contract and shall expire two years thereafter. Any orders issued during this period shall be completed within the time specified in the order, unless otherwise specified herein. (See 52.216 Ordering).
F.3 DELIVERIES The ability of the contractor to make timely delivery of work is essential to the performance of this contract. All work requested will specify a scheduled due date which will be the maximum time allowed for completion and delivery of work. All normal job orders received by the contractor shall be completed and delivered within 2 to 5 working days, as specified on each order. Job Orders specifying delivery within 4 to 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> is considered expedited, within the purview of Items No.17 and 19. The Commission reserves the right to request expedited delivery of work which was originally ordered on a normal delivery basis, and the contractor will be reimbursed as set forth in the contract for expedited delivery. All work shall be delivered when completed or on the specified due date, whichever is earlier, no later than 4:00 P.M. unless otherwise authorized by the Contracting Officer or his authorized representative.
I
_ _ _ - _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ w
PAGE 24 RS-ARM-89-157 Section F F.4 SPECIAL DELIVERY TRIPS
~ There may be occasions when special delivery by the contractor's messeager of work completed under the regular or expedited schedule will be ordered. Special delivery is defined as any messenger delivery by the contractor from his plant to the NRC Headquarters, )
Bethesda, Maryland, ordered by the Contracting Officer or his authorized representative, other than the regularly scheduled delivery as provided in Section F - Deliveries or Performance. A .
charge for each trip will be allowed as set forth under Item 17 of the Schedule.
(End of Clause)
I
~' l PAGE 25 RS-ARM-89-157 Section G
(
l SECTION G - CONTRACT ADMINISTRATION DATA i- l G.1' PROJECT OFFICER AUTHORITY (MAR 1987) !
ALTERNATEI(MAR 1987) 1
- a. The Contracting Officer's authorized representative hereinafter refered to as the Project Officer for this contract is:
Name: _ _ _
Address: __ _ l t
Telephone Number: * '
- b. The Project Officer is responsible for:
- 1) Placing Delivery Orders for items required under this contract. j
- 2) Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.
i
- 3) Inspecting and accepting products / services provided !
under the contract. j
- 4) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, disapproval, or suspension. j
- c. The Project Officer is not authorized to make changes to the express terms and conditions of this contract.
l .
(End of Clause) 1 G.2 PROMPT PAYMENT (52.232-25) (FEB 1988)
ALTERNATEII(FEB1988) i Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing 1 payments under the terms and conditions specified in this clause. I 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 l
l 1
1
__.__.______________________________J
PAGE 26 RS-ARM-89-157 Section G (1) For purposes of this clause, " invoice payment" means a Government disbursement of monies to a Contractor under a contract or other authorization for supplies or services accepted by the
, Government. This includes payments for partial deliveries that have 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 in 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:
(1) The 30th day after the designated billing office has received a proper invoice from the Ct,ntractor.
(ii) 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:
(1) 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 Section 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, t.nless another date is specified in the contract.
4 (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.
(4) An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared 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 forperishableagriculturalcommodities).Untimelynotificationwill be take into account in the computation of any interest penalty owed the Cce, tractor in the manner described in subparagrpah (a)(6) l of this clause.
l W
l
1
~
. PAGE 27 RS-ARM-89-157 Section G (1) Name and address of the Contractor.
(ii) Invoice date.
(iii) Contract number or other authorization for supplios delivered or services performed (including order number and contract line item nund:er). (iv) Description, quantity, unit of measure, unit price, and extaded price of supplies deliverea or services performed.
(1) 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 notice of assignment).
(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 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: (1) A proper j invoice was received by the designated billing office.
i j (ii) A receiving report or other Government documentation j authorizing payment was processed and there was no disagreement over 1
quantity, quality, or contractor compliance with any contract term c 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 contract settlement actions l between the Government and the Contractor.
(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 l governmental authority. This rate is referred to as the I
" Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The faterest 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 date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period. If
L pAGE 28 RS-ARM-89-157 Section G the designated billing office failed to notify the contractor of a defective invoice within the periods prescribed in paragraph (a)(4) of this clause, then the due date on the corrected invoice will be adjusted by subtracting the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be n.ade by the designated payment office for errors in calculating interest penalties, if requested by the Contractor.
(1) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred const uctively on the 5th working day after the 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 invoices submitted to the Government, but this may not exceed 15 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 amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the 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 designated payment office, without request from the contractor, if 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 Vood products and 5 days for perishable agricultural commodities). The interest penalty will be 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 1 e e
O
- PAGE 29 RS-ARM-89-157 Section G
. paid.
(b) Contract Financing Payments
-(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, Payments 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 specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the (insert day as prescribed by Agency head; if not prescribed, insert 30th day) day after receipt of a' proper contract financing request by the 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 conf tions 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 j Financial Communications System (TFCS) or the Automated Clearing House (ACH)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is 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 Contractor shall provide the following information:
1 (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.
(ii) The American Bankers Association 9-digit identifying number
PAGE 30-RS-ARM-89-157 Section G of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.
I <
(iii) Payee's account number at the financial institution where l funds are to be transferred.
(iv) If the financial institution does not have access to the Federal Reserve Communications System, name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution. receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying . umber for the correspondent institution.
(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).
l (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, elects 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 it, as well as the Contractor's name and contract number.
(5) Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.
(End of clause) 4
_ __.__ _ _. _ _ __ -- __m.__._ - _ . _ _
y 4
4 _. .
PAGE 32 -
3
. RS-ARM-89-257- Section H' 1
SECTION H - SPECIAL CONTRACT REQUIREMENTS q
1 l
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 a.cquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.
(End of Clause)
H.2 DRAWINGS, DESIGNS,'AND SPECIFICATIONS (MAR 1987)
All drawings, sketches, designs, design data, specifications, notebooks,_ technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing. relating.to the work or any part thereto, shall be subject to inspection by the Commission at all reasonable times-(for which inspection.the proper facilities shall be afforded the Commission by the Contractor and its subcontractors), shall be the property of the Government and may be used by the Government for any purpose whatsoever without any claim on the part of the Contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the Contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed of by the Contractor either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract. The Contractor's right of retention and use shall be subject to the security, patent, and use of information provisions, if any, of this contract.
(End of Clause)
H.3 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (OMB CLEARANCE NUMBER 3150-0112) (MAR 1987)
- a. Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor:
- 1) Is not placed on a confitcting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and 1
- 2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
PAGE 32 RS-ARM-89-157 Section H
- 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 contra t, it does not have any organizational conflicts of interest, as deh.ied in 41 CFR 20-1.5402(a).
- 2) The Contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This statement shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interest of the Government.
- e. Access to and use of information.
- 1) If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:
(1) Use such information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on such information until one year after the release of such information to the public, or
. PAGE 33 RS-ARM-89-157 Section H (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 6 by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the Contractor shall treat such information in accordance with restrictions placed on use of the information.
- 3) The Contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces 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 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 Office- to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 20-1.5411.
(End of Clause)
H.4 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS (MAR 1987)
Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under Wage Determination Number 86-1255 (Rev. 5) dated September 22, 1988 which is attached (See Section J for List of Attachments).
l (End of Clause)
H.5 GOVERNMENT FURNISHED EQUIPMENT / PROPERTY - NONE PROVIDED (MAR 1987)
The Government will not provide any equipment / property, notwithstanding any provisions of the specification (s) to the contrary.
RS-ARM-89-157 Section H (End of Clause)
O O
RS-ARM-89-157 Section I PART II - CONTRACT CLAUSES SECTION 1. - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE (FAR52.252-2)(APR1984)
This contract incorporates the following clauses by reference.
These clauses have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full. text available. .
I I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSE NUMBER DATE TITLE 52.202-1 APR 1984 DEFINITIONS 52.203-1 APR 1984 0FFICIALS NOT TO BENEF1T 52.203-3 APR 1984 GRATUITIES 52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES 52.203-6 JUL 1985 RESTRICTIONS ON SUBCONTR/.CTOR SALES TO THE GOVERNMENT 52.214-29 JAN 1986 ORDER OF PRECEDENCE --
SEALED BIDDING 52.219-6 APR 1984 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE 52.219-8 JUN 1985 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 52.219-13 AUG 1986 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 52.220-3 APR 1984 UTILIZATION OF LABOR SURPLUS AREA CONCERNS 52.220-4 APR 1984 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM 52.222-1 APR 1984 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES 52.222-3 APR 1984 CONVICT LABOR 52.222-26 APR 1984 EQUAL OPPORTUNITY 52.222-35 APR 1984 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETEPANS 52.222-36 APR 1984 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 52.227-1 APR 1984 AUTHORIZATION AND CONSENT 52.227-2 APR 1984 NOTICE AND ASSISTANCE
l PAGE 36 RS-ARM-89-157 Section I REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.227-3 APR 1984 PATENT INDEMNITY I 52.229-3 APR 1984 FEDERAL, STATE, AND LOCAL TAXES 52.229-5 APR 1984 TAXES -- CONTRACTS PERFOM4E0 IN U.S.
POSSESSIONS OR PUERTO RICO 52.232-1 APR 1984 PAYMENTS l 52.232-8 JUL 1985 DISCOUNTS FOR PROMPT PA%ENT 52.232-11 APR 1984 EXTRAS 52.232-17 APR 1984 INTEREST 52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS 52.233-1 APR 19P' JISPUTES ALTERNATE I (APR 1984) 52.233-3 JUN IP PROTEST AFTER AWARD 52.243-1 APR
- 44 CHANGES -- FIXED PRICE ALTERNATE I (APR 1984) 52.249-4 APR 1984 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT (SERVICES)
(SHORT FORM) 52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) 52.223-6 MAR 1989 DRUG FREE WORKPLACE I.2 ANTI-KICKBACK PROCEDURES (FAR 52.203-7)
(a) Definitions. " Kickback," as used in thta clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is prsvided, 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 kind.
" 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 l
i l
. l
.. PAGE 37 RS-ARM-89-157 Section I furnish or furnishes supplies to the prime Contractor or a higher tier subcontractor.
" 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, or attempting to accept any kickback; or (3) Including, directly or indirectly the amount of any kickback in the contract price charged by the prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or a higher tier subcontractor.
(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.
(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--
(1) Offset the amount of the kickback againist any monies owed by the United States under this contract and/or (ii) direct that the Contractor withhold from sums owed the subcontractor, the amount of kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(1) cf this clause. In the latter case, the cont
- actor sE 'l notify the Contracting Officer when monies are witheld.
(5) The Centractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5), in all subcontracts under this contract.
I
PAGE 38 RS-ARM-89-157 Section I (End of Clause) 1.3 ORDERING (FAR 52.216-18) (APR 1984) !
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of diivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effecgtive period.
(b) A!1 delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.
(c) If mailed, a delivery order is considered " issued" when the Government deposits the order in the mail. Orders may be issued j orally or by written telecommunications only if authorized in the 1 Schedule.
(End of Clause)
I.4 DELIVERY-ORDER LIMITATIONS I (FAR 52.216-19) (APR 1984) l (a) Minimum order.
services covered by this When the Government contract in an amount of requires less than supplies n or /a ,
the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of n/a .
(2) Any order for a combination of items in excess of n/a ;
n/a(3) A serica of orders from the same ordering office within days that together call for quantities exceeding the '
limitation in subparagraph (1) or (2) above.
(c) If this 4s a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceed the maximum-order limitations in paragraph (b) above.
(d) Notwithstar, ding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within n/a days after issuance, with written i notice stating the Contractor's intent not to ship the item (or items) callsd for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
i PAGE 39 RS-ARM-89-157 Section I (End of Clause)
I.5 REQUIREMENTS (FAR 52.216-21)(APR1984)
ALTERNATE I (APR 1984)
(a) Th1s is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as
" estimated" or " maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by onders issued in accordance with the Ordering clause. l The Governcant may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates or requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for sepplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing from the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respe:t to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 04/20/91.
(End of Clause) l
PAGE 40 RS-ARM-89-157 Section I i l
t I.6 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (FAR 52.232-19) (APR 1984)
Funds are not presently available for performance under this contract beyond 9/30/89. The Government's obligation for performance of thfs contract beyond that date is contingent upon the availability of appropriated fu.1ds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/89, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of Clause)
I.7 SERVICE CONTRACT ACT OF 1965 (I-FSS-222-41) (APR 1984)
~
(a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, as amended (81 U.S.C.
351 et seq.) and is subject to the fellowing provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued thereunder (29 CFR Part 4).
(b)(1) Each service employee employed in the performance of l this contract by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and frin g benefits determined by the Secretary of Labor or authorized representative, es specified in any wage determination attached to this contract.
(2)(1) If there is such a wage determination attached to this contract, the contracting officer shall requira that any class of service employee which is not listed therein and which is to be l employed under the contract (i.e., the work to be performed is not performed by any classifications listed in the wage determination),
be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. (The information collection requirements contained in the following paragraphs of this section have been approved by the Office of Management and Budget under OMB control number 1215-0150.)
(ii) Such conforming procedure shall be initiated by the contractor prior to the performance of contract work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, chall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class e
1 PAGE 41 .
RS-ARM-89-157 Section I l of employees performs any contract work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days cf receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by )
the Wage and Hour Division shall be transmitted to the contracting '
officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor l with a written copy of such determination or it shall be posted as a I part of the wage determination.
(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for I example, be relied upon. Guidance may also be obtained from the way ;
different jobs are rated under Federal pay systems (Federal Wage l Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the i establishment of any conformable wage rate (s) is the concept that a i pay relationship should be maintained between job classifications l based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option or extension of an existing contract, or in any other l
)
case where a contractor succeeds a contract under which the i classification in question was previously conformed pursuant to this i section, a new conformed wage rate and fringe benefits may be !
assigned to such conformed classification by indexing (i.e., i adjusting) the previous conformed rate and fringe benefits by an !
amount equal to the average (mean) percentage increase (or decrease, i where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contracts which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage '
determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work but the unlisted class of employees, the contractor shall ;
advise the contracting officer of the action taken by the other !
procedures in paragraph (b)(2)(ii) of this section need not be i followed.
{
(C) No employee engaged in performing work on this !
contract shall in any event be paid less than the currently 1
e, p
b .
PAGE 42 R5-ARM-89-157 Section I i
applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1933, as amended.
.(v) The wage rate and fringe benefits ftpally determined
. pursuant to paragraphs (b)(2)(i) and (ii) of this section shall- be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested perties and/or finally
. determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.
(vi) Upon discovery of failure to comply with paragraphs (b) (2)(1) through (v) of this section, the Wage and Hour. Division shall make a final determination of conformed classification, waga rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work.
(3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monett.ry wages and fringe benefits required to be paid or furnished thereunder to service employees shall be subject to adjustment after ?. year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division Employment Standards Administration of the Department of Labor as provided in such Act.
(c) Ths contractor or subcontractor may discharge the oblig7. tion to furnish fringe benefits specified in the attachment of determined conformable thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential pay;nents in cash in accordance with the applicable rules set forth in Subpart D of 29 CFR Part' 4 and not otherwita.
3 (d)(1) In the absence ci a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under law or contract for the payment of a higher wage to any employee.
(2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under'which substantially th'a same amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract- shall pay any service employee performing any of the contract work (regardless of whether or not such employee was I
4
. 9
1
~ . )
- PAGE 43 RS-ARM-89-157 Section I I
empluyed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if i employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages'and fringe benefits provided for under such agreement. No contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of Section 4.lb(b) of 29 CFR Part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Section 4.10 of 29 CFR Part 4 that the wages and/or fringe benefits provided services of a character similar in the locality, or determines, as provided in Section 4.11 of 29 CFR Part 4, that the collective bargaining agreement applicable to service employees employed under the prede:essor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the con rac' or subcontract, in accordance with the decision of the Administrator, the Administrative . Law Judge, or the Board of Service Contract Appeals as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract 53 Comp. Gen. 401 (19/3). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.
(e) The contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (Approved by the Office of Management and Budget under OMB control number 1215- 0150.)
(f) The contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in building or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor er subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.
PAGE 44 RS-ARM-80-157 Section I l I
(g)(1) The contractor and each subcontractor performing work subject to the Act shall make arid maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor. (Sections 4.6(g)(1)(1) through (vi) approved by the Office of Management and Budget under OMB control number 1215-0017 and sections 4.6(g)(1)(v) and (vi) approved under OMB control number 1215-0150.):
(1) Name and address and social security number of each 9mployee.
(ii) The correct work classification or classification, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. 1 (iii) The number of daily and weekly hours so worked by each employee.
(iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.
(v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this contract but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in paragraph (b)(2)(ii) of this section shall be deemed to be such a list.
(vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Section 4.6(1)(2).
(2) The contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment of advance of funds until such violation ceases.
(4) The contractor shall permit authorized representatives of the Wage and Hour Division tc conduct interviews with employees at the worksite during normal working hours.
l.
9
y .
+ PAGE 45 RS-ARM-89-157 Section I (h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account.
Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accured. A. pay period under this Act may not be of any duration
[
longer than' semi-monthly.
(i) The contracting officer shall dthhold or cause to.be ,
withheld, from the Government prime contrador under this or any ;
other Government contract with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor in the event of failure to pay any employees subject'to the Act all or part of the wages or fringe benefits due under the Act, the agency :
may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violatiens have ceased. Additionally, eny failure to comply with the requirements of these clauses' relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost.
'(j) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all subcontracts subject to the Act. The term " contractor" as used in these clauscs in any subcontract, shall be deemed to refer to the subcontractor, except in the term " Government prime contractor."
(k)(1) As used in these clauses, the term " service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in Part 541 of Title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations. The term " service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and'such persons.
(2) The following statement is included in contracts pursuant to section 2(a)(5) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the contract with the Government' would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C.
5341 or 5 U.S.C. 5332 and would, if so empics sd, be paid not less than the following rates of wages and fringe benefP.s:
Employee class Monetary wage-fringe benefits
l 1
PAGE 46 RS-ARM-89-157 Section I ]
I Photographer Film Processor a 1
Clerk / Typist l
Messenger (1)(1) If wages to be paid or fringe benefits to be furnished -
any service employees employed by the Government prime contractor or any subcontractor undcr the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government prime contractor shall report such fact to the contracting officer, together will full information as to the application and accrus1 of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance, such agreements shall be reported promptly after negotiation thereof.
(Approval by the Office of Management and Budget under OMB control number 1215-0150.)
(2) Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions bastd upon length of service with a con- tractor (predecessor) or successor (Section 4.173 of Regulations 29 CFR Part 4), the incumbent prime contractor shall furiish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of contract performance. Such 14st shall also contain anniversary dates of employment on the contract either with the current or predecessor !
contractors of each such service employee. The contracting officer '
shall turn over such list to the successor contractor at the commencement of the succeeding contract. (Approved by the Office of Management and Budget urder OMB control number 1215-0150.)
(m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR Part 4. <
(n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract pursuant to section 5 of the Act.
(3) The penalty for making false statements is prescribed in O
e
- PAGE 47 RS-ARM-89-157 Section I the U.S. Criminal Code, 18 U.S.C. 2001.
(o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury raay be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash l payments in lieu thereof required under section 2(a)(2) of that Act, '
in accordance with the conditions and procedures prescribed for the employment of apprentices , student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR Parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary l' cash peyments in. lieu thereof), applying procedures prescribed by j the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in Parts 525 and 528 of Title 29 of the Code of Federal Regulations. ,
I (p) Apprentices will be permitted to work at less than the '
predetermined rate for the work they perform when they are employed end individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recogitized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the i registered program,. expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination .
The allowable ratio of apprentices to journeymen employed on the '
contract work in any craft classification shall not be greater than
PAGE 48 RS-ARM-89-157 Section 1 l
the ratio permitted to the contractor as to his entire work force under the registered program.
(q) An employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips may .
have tne amount of tips credited by the employer against the minimum j wage required by section 2(a)(1) or section 2(b)(1) of the Act in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531: Provided, however, that the amount of such credit may not exceed $1.24 per hour beginning January 1, 1980, ;
and $1.34 per hour after December 31, 1980. To utilize this provision:
(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the amployer elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (approved by the Office of Management and Budget under OMB control number 1215-0017);
(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.
(r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(FDR Temporary Regulation 76) 1 i
i i
O L_________._
- f.
!:.::. ~; .
R' PAGE 49 LY . RS-ARM-89-157 Ssetion J .
f-L A
-PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J -'. LIST OF ATTACHMENTS J.1 ATTACHMENTS (MAR 1987)
Attachment Number- Title 1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Billing Instructions 3 Wage Determination l
4 l
i
j
-PAGE 50 l RS-ARM-89-157 Section K )
I 1
PART IV -
REPRESENTATIONS AND INSTRUCTIONS .
I SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFER 0RS K.1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2) (APR 1985)
(a) The offeror certifies that--
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (1) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a .
negotiated solicitation) unless otherwise required by law; and '
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a !
certification by the signatory that the signatory--
(1) Is the person in the offeror's organization responsible for .;
determining the prices being offered in this bid or proposal, and ;
that the signatory has not participated and will not participate in i any action contrary to subparagraphs (a)(1) through (a)(3) above; or 'l (2) (i) Has been authorized, in writing, to act as agent for the f following principals in certifying that those principals have not
[
' participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above f
(Insert full name of person (s) in the offeror's organization responsible for determining the prices offered in the bid or.
proposal, and the title of his or her position in the offeror's organization);
6
_= ______ .__ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ = . _ . . . _ _ _ . . . _ _ _ _ . . . _ _ _ _ . _ . _ _ _ _ _ _
PAGE 51 RS-ARM-89-157 Section K (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(1) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
K.2 CONTINGENT FEE REPRESENTATION AND AGREEMENT (FAR 52.203-4) (APR 1984)
(a) Representation. The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror--
(Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term " bona fide employee," see Subpart 3.4 of the Federal Acquisition Regulation.)
(1) ( ) has, ( ) has not employed or retained any person or company to solicit or obtain this contract; and (2) ( ) has, ( ) has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.
(b) Agreement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a)(1) or (a)(2) is answered affirmatively, to promptly submit to the Contracting Officer-- !
(1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.
(End of Provision)
L PAGE 52 RS-ARM-89-157 Section K l K,3 TYPE OF BUSINESS ORGANIZATION--SEALED BIDDING (FAR 52.214-2) (JUL 1987) !
I The bidder, by checking the applicable box, represents that--
(a) It operates as ( ) a corporation incorporated under the laws of the State of , ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or ( ) a joint venture; l or (b) If the bidder is a foreign entity, it operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a ,
joint venture, or ( ) a corporation, registered for business in j country. '
(End of Provision)
K.4 PARENT COMPANY AND IDENTIFYING DATA l (FAR 52.214-8) (APR 1984) 1 I
(a) A " parent" company, for the purpose of this provision, is one j that owns or controls the activities and basic business policies of the bidder. To own the bidding company means that the parent company must own more than 50 percent of the voting rights in that company. A company may control a bidder as a parent even though not meeting the requirement for such ownership 1f the parent company is able to formulate, determine, or veto basic policy decisions of the offeror through the use of dominant minority voting rights, use of proxy voting, or otherwise.
(b) The bidder ( ) is, ( ) is not owned or controlled by a parent company.
(c) If the bidder checked "is" in paragraph (b) above, it shall provide the following infortnation:
Name and Main Office Address of Parent Company Parent Company's Employer's (IncludingZipCode) Identification Number (d) If the bidder checked "is not" in paragraph (b) above, it shall insert its own Employer's Identification Number on the following line (End of Provision)
K.5 PLACE OF PERFORMANCE--SEALED BIDDING (FAR 52.214-14) (APR 1985)
(a) The bidder, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check e'
i PAGE 53 PS-ARM-89-157 Section K' applicable box) tn use one or more plants or facilities located at a 1
. different address from the address of the bidder as indicated in- l this bid. l l
(b) If the bidder checks " intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:
Place of Performance (Street Name and Address of Owner Address, City, County, State, and Operator of the Plant or Zip Code) Facility if Other than Bidder (End of Provision)
K.6 MINIMUM BID ACCEPTANCE PERIOD (FAR 52.214-16) (APR 1984)
(a) " Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.
(c) The Government requires a minimum acceptance period of 60 calendar days.
(d) In the space provided immediately below, bidders may specify a longer acceptance period than the Government's minimum requirement.
The bidder allows the following acceptance period:
calendar days.
(e) A bid allowing less than the Government's minimum acceptance period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do,
) in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or l
(2) any longer acceptance period stated in paragraph (d) above.
(End of Provision)
K.7 SMALL BUSINESS CONCERN REPRESENTATION (FAR 52.219-1) (MAY 1986)
The offeror represents and certifies as part of its offer that it
( ) is, ( ) is not a small business concern and that ( ) all, ( )
not all end items to be furnished will be manufactured or produced L_ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ . _ _ _ _ . _ . __
- _ _ _ _ _ _ =__ __ _ _ _ ._ ._
PAGE 54 RS-ARM-89-157 Section K by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(End of Provision)
K.8 3 HALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (FAR 52.219-2) (APR 1984)
(a) Representation. The offeror represents that it ( ) is, ( ) is not a small disadvantaged business concern.
(b) Definitions.
" Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh.
" Asian-Pacific American," as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, Cambodia, or Taiwan.
" Native Americans," as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians.
"Small bus! ass concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a sna11 business under the criteria and size standards in 13 CFR 121.
"Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock owned by one or more socially and economically disadvantaged individuals and (2) has its management and daily business controlled by one or more such individuals.
(c) Qualified groups. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americens, and other individuals found to be qualified by the SBA under 13 CFR 124.1.
(End of Provision) l 9
9
1
' PAGE 55 RS-ARM-89-157 Section K L-l K.9 WOMEN-0WNED SMALL BUSINESS REPRESENTATION (FAR 52.219-3) (APR 1984)
(a) Representation. The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.
(b) Definitions.
"Small business concern," as esed in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominate in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria ar.d size standards in 13 CFR 121.
" Women-owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who era U.S.
citizens and who also control and operate the business.
(End of Provision)
K.10 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS (FAR 52.220-1) (ApR 1984)
(a) This acquisition is not a set aside for labor surplus area (LSA) concerns. However, the offeror's status as such a concern may affect (1) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation. In order to determine whether the offeror is entitled to a preference under (1) or (2) above, the offeror must identify, below, the LSA in which the costs to be incurred on account of manufacturing or production (by the offeror or the first-tier subcontractors) amount to more than 50 percent of the contract price.
(b) Failure to identify the locations as specified above will preclude consideration of the offeror as an LSA cnicern. If the offeror is awarded a contract as an LSA concern ard would not have otherwise qualified for award, the offeror shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.
(End of Provision)
K.11 CERTIFICATION OF NONSEGREGATED FACILITIES (FAR 52.222-21) (APR 1984)
(a) " Segregated facilities," as used in this provision, means any waiting rooms, work areas,. rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
PAGE 56 RS-ARM-89-157 Section K entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national ,
origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.
(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific timeperiods)itwill--
(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposec' subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for ea:h subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. ,
(End of Provision)
K.12 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (APR 1984)
The offeror represents that--
(a) It ( ) has, ( ) has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Or;;er No.11114; (b) It ( ) has, ( ) has not filed all required compliance reports; and l
l l
l
- 1 . PAGE 57 -
RS-ARM-89-157 Section K 1
, (c) Representations indicating submission of required compliance
! reports, signed by proposed subcontractors,' will be obtained before subcontract awards.
(End of provision)
K.13 AFFIRMATIVE ACTION COMPLIANCE
- (FAR 52.222-25) (APR 1984)
The offeror represents that--
(a) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action
-programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), 'or (b) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
j (EndofProvision)
K.14 ORGANIZATIONALCONFLICTSOFINTEREST(MAR 1987)
I represent to the best of my knowledge and belief that: '
The award to of a contract or the modification of an existing contract does / / or does not / / involve situations or relationships of the type. set forth in 41 CFR 20-1.5403(b)(1).
Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 20-1.5403(b)(1) are involved or the Contracting Officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to-the Contracting Officer. If the Contracting Officer determines l that organizational conflicts exist, the following actions may be taken:
(1) Impose appropriate conditions which avoid such l conflicts, ,
(ii) Disqualify the offeror, or j (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 20-1.5411.
(2) The refusal to provide the representation required by 20-1.5404(b) or upon request of the Contracting Officer the facts required by 20-1.5404(c), shall result in disqualification of the
__-_______________a
'PAGE 58 RS-ARM-89-157 Section K offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated.
The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.
The offeror may, because of actual or potential organizational conflicts of i~terest, propose to exclude specific kinds of work from the statements of work contained in an RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptab',e.
The offeror's failure to execute the representation required by subsection (b) abcve with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.
(End of Provision)
K.15 CERTIFICATION REGARDING DEBARMENT STATUS (MAR 1987)
The offeror hereby certifies by submission of this offer that it and any subcontractor (s) that will be performing under this contract is not a debarred person or firm.
(End of Provision)
K.16 QUALIFICATIONS OF CONTRACT EMPLOYEES The offeror hereby certifies by submission of this offer that all representations made regarding its employees, proposed subcontractor personnel and consultants are accurate.
(EndofProvision)
K.17 CURRENT /FORMER AGENCY EMPLOYEE INVOLVEMENT The following representation is required for NRC information and evaluation purposes only. It is not NRC policy to encourage offerors and contractors to propose current /former Agency employees to perform work under NRC contracts.
The offeror hereby certifies that there ( ) are ( ) are not current /former NRC employees who have been or will be involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering or performing any contract, consultant agreement or subcontract resulting from this offer. For each individual so identified, the Technical and Management proposal contains as a separate attachment O
e O
1 PAGE 59 RS-ARM-89-157 Section K l-the name, title, date individual left NRC ano provide brief description of individual's role under the proposal.
(End of Provision) 52.204-3 TAXPAYER IDENTIFICATION (NOV 1988)
(a) Definitions.
" Common parent," as used in the solicitation provision, means an offeror that is a member of an affiliated group of corporations that files its Federal income tax returns on a consolidated basis.
" Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.
" Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns, p (b) The offeror is required to submit the information required in paragraphs (c).through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to reporting requirements described in 4.902(a), the failure or refusal by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract.
(c) Taxpayer Identification Number (TIN).
( ) TIN: .
( ) TIN has been applied for.
( ) TIN is not required because:
( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying at, ant in the U.S.;
( ) Offeror is an agency or instrumentality of a foreign government;
( ) Offeror is an agency or instrumentality of a state or local government;
( ) Other. State basis:
f, L - .- - - -
PAGE 60 RS-ARM-89-157 Section K (d) Corporate Status.
( ) Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;
( ) Other corporate entity;
( ) Not a corporate entity;
( ) Sole proprietorship
( ) Partnership
( ) Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).
(e) Common Parent.
( ) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.
( ) Name and TIN of common parent:
Name:
TIN:
(End of provision)
K.18 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (FAR52.223-5)
(a) Definitions. As used in this provision, l " 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 j contendere) or imposition of sentence, or both, by any judicial
! body charged with the responsibility to determine violations of j the Federal er State criminal drug statutes.
" Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
l l " 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, dispensing, possession, or use of a controlled substance.
1 l
~
1
{
1 PAGE 61 )
RS-ARM-89-157 Section K
" 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 including the offeror / contractor.
(b) By submission of its offer, the offeror, if other than an individual, who is making an offer that equals or exceeds $25,000, certifies and agrees, that with respect to all employees of the offeror to be employet! under a contract resulting from %1s solicitation, it M ~l --
(1) Publish a statement notifying such 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 employaes 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 workplace; (ii) The Contractor's policy of maint h ing a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 1 (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this provision; (4) Notify such employees in the statement required by subparagraph (b)(1) of this provision, that as a condition of continued employment on the contract resulting from this solicitation, the employee will --
(1) Abide by the terms of the statement; and (ii) Notify tne 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 (b)(4)(ii) of this provision, from an employee or otherwise receiving actual notice of such conviction; and (6) Within 30 days after receiving notice under subparagraph (a)(4) of this provision of a conviction, impose the following m
PAGE 62 RS-ARM-89-157 Section K sanctions or remedial measures on any employee who is conv .ted of drug abuse violations occurring in the workplace:
(i) Take 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 enbrcement, or other appropriate agency.
(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this provision.
(c) By submission of its offer, the offeror, if an individual who is makitg an offer of any dollar value, certifies and agrees that the offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation.
(d) Failure of the offeror to provide the certification required by paragraph (b) or (c) of this provision, rencers the offeror unqualified and ineligible for award. (See FAR 9.104-1(g) and 19.602-1(a)(2)(1).)
1 (e) In addition to other remedies available to the Government, the certification in paragraphs (b) and (c) of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution uncier Title 18, United States Code, Section 1001.
(End of Provision) k j
l l
l l
l 1
O
{
+
_.~
d
- 'PAGE 63 RS-ARM-89-157 Section L SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFER 0RS L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (APR 1964)
This solicitation incorporates the fo}1cwing provisions by reference. These provisions have the same force and u*fect as if they were given in full text. -Upon request, the Contracting Officer will'make their full text available.
I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
SOLICITATION PROVISIONS PROVISION NUM3ER DATE TITLE 52.214-1 JUL 1987 SOLICITATION DEFINITIONS -- SEALED BIDDING 52.214-3 APR 1984 ACKNOWLEDGEMENT OF AMENDMENTS TO INVITATIONS FCt MS 52.214-4 APR 1984 FALSE STATEMEU s :.N BIDS 52.214-5 APR 1984 SUBMISSION OF L10S 52.214-6 AFR 1984 EXPLANATION TO PROSPECTIVE BIDDERS 52.214-7 APh 1984 LATE $0BMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS 52.214-9 APR 1984 FAILURE TO SUBMIT BID 52.214-10 APR 1985 CONTRACT AWARD -- SEALED BIDDING 52.214-12 APR 1984 PREPARATION OF BIOS 52.232-15 APR 1984 PROGRESS PAYMENTS NOT INCLUDED L.2 PERIOD FOR ACCEPTANCE OF BIDS i
(FAR 52.214-15) (APR 1984)
In compliance with the solicitation, the bidder agrees, if this bid is accepted within calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish ary or all items upon which prices are bid at the price set opposite each item, delivered at the designated point (s), within the time specified in the Schedule.
(End of Provision)
PAGE 64 RS-ARM-89-157 Section L L.3 SERVICE OF PROTEST (FAR 52.23 ) (JAN 1985)
Protests, as defined in Section 43.101 of the Federal Acquisition Regulation, shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from:
Patricia A. Smith Hand-Carried Address:
U.S. Nuclear Regulatory Commission Div. of Contracts & Property Mgmt.
7920 Norfolk Avenue Bethesda, MD 20014 -
Mailing Address:
U.S. Nuclear Regulatory Commission Div. of Contracts & Property Mgmt.
Nail Stop P-1042 Washington, D.C. 20555 (End of Provision)
L.4 SMAll. BUSINESS SIZE STANDARD AND PRODUCT CLASSIFICATION (MAR 1987) ALTERNATE I (MAR 1987)
The Standard Industrial Classification for the supplies /servicas described herein is 7384. The small business standard is average annual receipts of $3,500,000.00 over the past three (3) years.
(EndofProvision) ,
L.5 DISPOSITION OF BIDS (MAR 1987)
After award of contract, one (1) copy of each unsuccessful bid will be retained by the NRC's Division of Contracts.
(EndofProvision)
L. 6 NONDISCRIMINATION BECAUSE OF AGE (FAR 22.901) (MAR 1987)
It is the policy of the Executive Branch'of the Government that (a) Contractors and Subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate agtinst persons because of their age except upon the basis of a bonafide occupational qualification, retirement plan, or statutory requirement, and (b) that Con wactors and Subcontractors, or persons acting on their behalf, shall not specify, in solicitations or
(
\. .. ._-____________________________J
i . j RS-ARM-89-157 Section L
. 1 advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bonafide occupational qualifica' 'on, .
retirement plan, or statutory requirement.
(End of Provision)
L.7 LOCATION OF BID OPENING (MAR 1987)
A public bid opening will be held at 2:00 P.M. on 04/20/89 in th Regulatory Commission Bid / Proposal room located at the following address:
U.S. Nuclear Regulatory Commission Phillips Bldg., Room 1011, Tenth Floor 7920 Norfolk Avenue Bethesda, MD 20814 (End of Provision)
L. 8 ABSTRACT OF BIDS (MAR 1987)
The abstract of bids will be completed as soon as possible after the bids have been opened and read. The abstract of bids shall be posted on a bulletin board at the following two locations:
U.S. Nuclear Regulatory Commission Lobby of the Pnillips Bldg. (1st Floor) 7920 Norfolk Avenue L Bethesda, MD 20814 U.S. Nuclear Regulatory Commission Public Document Room 2120 L Street, N.W.
Washington, DC 20037 (End of Provision) 1 L.9 DATA UNIVERSAL NUMBEitING SYSTEM (DUNS) NUMBER (MAR 1987)
All offerors are requesteo to provide their DUNS number code in the box marked " code" in item 15A of SF 33. In the event the code-is unknown, enter "N.A.".
(End of Provision)
L.10 CONTRACTOR'S PROPOSED PERSONNEL Caution--offerors are hereby notified that all information provided in its proposals, including all resumes, must be accurate and truthful. The Commission will rely upon all such '
representations made by the offeror both in the evaluation process and for the performar,ce of the work by the offeror selected for
i PAGE 66 RS-ARM-89-157 Section 1. I award. The Commission may require the offeror to substantiate the credentials, education and employment history of its employees, subcontractor personnel and consultants, through submission of co31es of transcripts, diplomas, licenses, etc.
(End of Provision)
L.II- TIMELY RECEIPT OF PROPOSALS / BIDS Since NRC is a secure facility with perimeter access control, offerors / bidders should allow additional time for hand delivery (including express mail and delivery services) of ptoposals/ bids to ensure that they are timely received in the depository at the address shown in Item 9 on the Standard Forra 33.
(End of Provision) l 4
e
. , PAGE 67-RS-ARM-89-157 Section M l
)
L SECTION N - EVALUATION FACTORS FOR AWARD ]
l i-I l1 H.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1)(APR1984) i This solicitation incorporates the following provisions by reference. These provisions have the same force and effect as if they were given in full-text. Upon request, the Contracting Officer will make their full text available.
I FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
SOLICITATION PROVISIONS I PROVISION I NUMBER DATE TITLE i 52.232-15 APR 1984 PROGRESS PAYMENTS NOT INCLUDED i M,2 BIDDER QUALIFICATIONS AND PAST EXPERIENCES (MAR 1987) l Bidder shall list three (3) previous / current contracts for the same or similar products / services: This information will assist the Contracting Officer in his/her Determination of Responsibility.
Lack of previous / current contracts for same or similar products / services or failure to submit such informattun will not necessarily result in an unfavorable Determination of Responsibility. I
- a. Contract No.:
Name and address of Government Agency or commercial Entity:
Point of Contact and !
Telephone Number: l
- b. Contract No.: !
Name and address or l Government Agency or Commercial Entity:
Point of Contact and i
PAGE 68 RS-ARM-89-157 5ection M Telephone Number:
- c. Contract No.: ,
Name and address of Government Agency or Commercial Entity:
Point of Contact and Telephone Number: '
(EndofProvision)
M.3 BID EVALUATION (MAR 1987)
} a. Bids in response to this IFB shall set forth full, accurate, and complete information as required herein. The penalty for making false statements in bids is prescribed in 18 U.S.C.1001.
- b. Award will be made to that responsive, responsible bidder within the meaning of Federal Acquisition Regulation 9-1 whose total bid amount, as set forth by the bidder in Section B of this IFB constitutes the lowest overall evaluated final contract price to the Government based upon the requirements as set forth in the schedule.
Bids will be evaluated for purposes of award by first ascertaining the sum of the total amount for each of the items specified in Section B of this solicitation. This will constitute the bidder's
" Total Bid Amount."
- c. Bidders must insert a definite price or indicate "no charge" in the blank space provided for each item and/or sub-item listed in Section B. Unless expressly provided for herein, no additional charge will be allowed for work performed under the contract other than the unit prices stipulated herein for each such item and/or sub-item.
- d. Any bid which is materially unbalanced as to price for the separate items specified in Section B of this IFB may be rejected as nor. responsive. Such an unbalanced bid is defined as one which is based on prices which, in the opinion of NRC, are significantly less than cost for some work and/or prices that may be significantly overstated for other work,
- e. S'parate charges, in any form, are not solicited. Bids containing such charges for discontinuance, termination, failure to exercfse an ration, or for any other purpose will cause the bid to be refacted as nonresponsive,
- f. A preaward or:ite survey of the bidder's facilities, equipment, etc., in accordance with FAR 9.106 may be made by representatives of the Commission for the purpose of determining whether the bidder is responsible within the meaning of FAR 9.1 and I whether the bidder possesses qualifications that are conducive to 4
'.k ,
2g RS-ARM-89-157 Section M b
the production of work that will meet the requirements,
. specifications, and provisions 'of thist contract. Also, if requested by the Commission, the prospective Contractor may be required to submit statements within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after such request (1) concerning their ability to meet any of the minimum standards set forth in FAR 9.104, (ii) samples of work, and (iii) names alm addresses of.
clients, Government agencies and/or commercial t.'rms which the bidder is now doing or has done business with.
- g. Notwithstanding Paragraphs b above, the award of any contract resulting from this solicitation will be made on an "all or none" basis. -Thus, bids submitted on fewer than the items listed in Section B of this IFB, or on fewer than the estimated quantity will cause the bid to be rejected as nonresponsive.
(End of Provision)
4 ..
g f / _1 1,.. .
l PART 20-1 -- GENERAL Subpart 20-1.54*-Contractor' Organizational Conflicts of Interest Sec. '
.- 20-1.5401 Scope and policy.
W 20-1.5402 Definitions. 1 20-1.540.3 Criteria for recognizing contractor organizational j sonflicts of interest. . i 20-1.5404 Representation. .
20-1.5405 Contract clauses.
20-1.5405-1 General contrcct clause.
Special contract provisions.
20-1.5405-2 q 20-1.5406 .
Evaluation, findings, and contract award..
. .20-1.5407 Conflicts identified after award.
20-1.5408 (Reserved) 20-1.5409' (Reserved)
. 20-1'.5410 Subcontractors. -
20-1.5411 Waiver. -
20-1.5412 Remedies.
AUTHORITY: Sec. 8 Pub. L.95-601, adding Sec.170A to Pub. L.83-703, 68 Stat. 919, as amended (42 U.S.C. ch. 14) 120-1.5401 Scope and Policy (a) It is the policy of the U.S. Nuclear Regulatory Comission (NRC) to avoid, eliminate or neutralize contractor organizational conflicts of interest. The NRC achieves this cbjective by requiring all prospective contractors to submit infonnation describing relationships, if any, with organizations or persons (including those regulated by NRC) which may give rise to actual or potential conflicts of interest in the event of.
contract award.
(b) Contractor conflict of interest determinations cannot be made automatically or routinely; the application of sound judgment on virtually a case-by-case basis is necessary if the policy is to be applied so as to satisfy the overall public interest. It is.not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations 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: Hight the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?
(c) The conflict of interest rule contained in this subpart applies ter contractors and offerors only. Individuals or firms who have other relat'ionships with NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment orocess, NRC q
7590-01 1 ,
I agreements with' other gonrnment agencies, international organizations, i- . . or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropri?N. .
520-1.5402 Definitions .
.(a) " Organizational conflicts of interest" means that a relationship exists.whereby a contractor or prospective contractor has present or . .
Planced interests related to the work to be performed under an NRC
- contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may othenvise result in a
- biased work product, or (2) may result in its being given an unfair -
competitive advantage, (b) "Research" means any scientific or technical work involving.
theoretical analysis, exploration, or experimentation. 4 (c)
- Evaluation activities" means sny effort involving the appraist.1 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
. require the contractor to be given access to information which has not been made available to the public or proprietary information. Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work. -
(e') " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).
(f) " Contractor" means any person, firm, unincorporated association, joint venture, co-sponstor, partnership, corporation, affiliates thereof, ,
or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to'a contract with the NRC.
(g) " Affiliates" means business concerns which are affiliates of ~
each other when either directly or indirectly one concern or individual l 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 work under a contract with the NRC except subcontracts for -
supplies and subcontracts in amounts of $10,000 or less. ,
(i) " Prospective contractor" or " offeror" means any person, firm, '
unincorporated association, joint venture, partnership, corporation, or affiliates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, or subcontractors,
. submitting a bid or croposal, solicited or unsolicited, to the NRC to obtain a contract. -
.g.
7590-01 1
(j) " Potential conflict of interest" means that a factual situation !
exists that suggests (indicates) that an actual conflict of interest may arise from award of a proposed contract. The term " potential conflict . 1 of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reportad to the contracting officer for investigation if they arise during contract performance.
I20-1.5403 Criteria for recognizing contractor organizational conflicts of interest (a) General. Two questions will be asked in detennining whether actual or potential organizational conflicts of interest exist: (1)Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC? (2) May the contractor be given an unfair competitive advantage based on the perfonnance of the contract?
The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of comon sense and good bus %3: <
1 judgment based upon the relevant facts disclosed and the work to br.
performed. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships which might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurement, and research programs.
(b) Situations or relationships which may give rise to organizational-conflicts of interest. (1) The offeror or contractor shall disclose information concerning relationships which may give rise to organizational conflicts of interest under the following circumstances: ,
(i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistan:e in the same arec to .iny organization regulated by the NRC.
(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the'NRC.
(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.
(iv) Where the award of a contract would otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
7590-01' (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:
(i)- Where the offero' or contractor prepares specifications which .,
are to be used in competitive procurement of products or services '
covered by such specifications.
(ik) Where the offeror or contractor prepares' plans for specific
. approaches or metD dologies that are to be incorporated into competitive procurement using Juch approaches or. methodologies.
(iii)Wheretheofferororcontractorisgrantedaccesstoinformation not available to the public concerning NRC plans, policies, or programs -
which could form the basis.for a later procurement action.
(iv) Where the offeror or contractor is granted access to proprietary information of its competitors.
(v) Where the award of a contract might otherwise result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its. work:for the NRC or may otherwise result in an unfair competitive advantage for the offeror or contractor.
(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), propeses to i undertake certain analyses of a reactor component as called for in the i RFP. .The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp.
advises that it is currently performing similar analyses for the reactor.
~ manufacturer.
Guidance. An NRC contract for that particular work nonnally would not'be awarded to the XYZ Corp. because it would be placed in a position in which its judgment coulo be biased in relationship to its work for.
NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.
(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp.
projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.
L -
.e
- ,3 e-
!e u.
p 7590-01 Guidance. An NRC contract normally could be awarded to the ABC-Corp.- because ao conflict of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in' the contract to preclude the ABC Corp. from subsequently contracting for work during the performance of the NRC contract with the. private sector.
which could create a conflict. For example, ABC Corp..would be precluded from^the performance of similar work for the company developing the advanced reactor mentioned in'the example.
(3) Example. As a result of operating problems in a certain type of commercial nuclear facility, it is' imperative that NRC secure specific-data on-various operational aspects of that type of plant so as to assure adequate safety protection of the public. 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 the data produced because those decisions 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, a waiver of the policy may be warranted. . Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular cttention to the establishment of protective mechanisms to guard against bias.
(4) Example. The ABC Co. submits a proposal for a new system for evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.
has advised NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies-in this business are using older systems for evaluation of the specific reactor component.
Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information
.has been reported to NRC. Information which is reported to NRC by contractors will nomally be disseminated by NRC to others so as to preclude an unfcir competitive advantage that might otherwise accrue. When NRC furnishes information to the contractor for the performance of contract wark, 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 infomation developed under the contract is proposed to be used.
l' .
L __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___.___ _ _ _ _ _ _
a 7590-01 (5) Example. The ABC Corp., in response to a RFP proposes to assemble a map showing certain seismological features of. the Appalachian fold belt. -In accordance with the representation in the RFP and i20-1.5403(b)(1)(1), ABC Corp. infoms the NRC that it is presently doing seismological studies for.several utilities in the Eastern United ,
States but none of the sites are within the geographic area contemplated by the NRC study.
Guidance. The contracting officer would noma 11y 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 520-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.
.(d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of such conflicts prior to the award of a contract.
.(2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or_ that a contract is awarded on a competitive or a sole source basis.
520-1.5404 Representation (a)'ThefollowingproceduresaredesignedtoassisttheNRCcontracting officer in detemining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor. ;
- (b).Representationprocedure. The following organizational l conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals for
- ~ (1) Evaluation services or activities; (2) technical consulting and management support services; (3) research; and (4) other contractual situations where special organizational
' conflicts of interest provisions'are noted in the solicitation and would be included in toe resulting contract. This representation requirement I shall also apply to all modifications for additional effort under the contract except those issued under the " changes" clause. . Where, however,
- a" statement of the type required by the organizational conflicts of interest representation provision has previously been submitted with regard to the contract being modified, only an updating of such statement shall be required.
l I
.r . ,
7590-01 r
ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION
'I represent to the best of my knowledge and belief that:
The award to of a contract or the modification of an existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR I20-1.5403(b)(1).
(c) Instructions to offerors. The following shall be included in all NRC solicitations: (1) If the representation as completed indicates that situations or relationships of the type set forth in 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise determines 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 i officer. If the contracting officer determines that organizational (1) Impose appropriate conflicts exist, conditions theavoio which following such^actions may)be conflicts, (ii taken: disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 5 20-1.5411.
(2) The refusal to provide the representation required by 5 20-
- 1.5404(b) or upon request of the contracting officer the facts required by '520-1.5404(c), shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other i remedial actions provided by law or the resulting contract.
(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment p
of the competitive posture of the other offerors, the proposal must be l
rejected as unacceptable.
(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be pemitted to correct the omission.
s 20-1.5405 Contract clauses l i
l
{
i 20-1.5405-1 General contract clause m _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ . _
4 i
7590-01
'All contracts of the types set forth in i20-1.5404(b) shall include the following clauses:
(a) Purpose. The primary purpose of this clause is to aid 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.
r . (b) Scope. The restrictions described.herein shall apply to performance or participation by the contractor as defined in 41 CFR 5 20-1.5402(f) in the actitities covered by this clause.
(c) _ Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting'or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being. 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)Thecontractorwarrants'thatto the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any ' organizational' conflicts of interest, as defined in 41 CFR 520-1.5402(a).
(2) The contractor agrees that if after . award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.
This statement shall include a description of the action which the I.
contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.
(e) Access to and use of information. (1) If the contrac+.cr in the perfonnance of this contract obtains access to information, such as NRC plans', policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the contractor agrees not to: (1) Use such released information to the public; for any(private ii) compete purpose for workuntil for the the information has been Comission based H. .
4 !
O^ h'
% + Q$* A ,
't O' Ys O IMAGE EVALUATION ///j// /
////p \'$ %kf* TEST TARGET (MT-3) f)M:[.
f ' (g 9,,,,V R4,,,, /
m- -
[~fj]L23 i.i [m Na 1.8 1.25 i.4 1.6 4 150mm - >
4 6" >
/l%i
, n y
,ye _ .
/<>e!b m cp s O, , 6p q -
ep
- s _ _ _ _ _ _ _ _ _
3 o .
7590-01 on such information for a period of six (6) months after either the 4 completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the {
j government based on such information until one year after the .11 ease of I such information to the public, or (iv) release the information. without )
prior written approval by the contracting officer unless such information t has previously been released to the public by the NRC. i l
(2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3) The contractor shall have, subject to patent and security provisions of this contract, the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.
(f) Subcontracts. Except as provided in 41 CFR 520-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and
" contracting officer," shall be appropriately modified to preserve the government's rights.
(g) Remedies. For breach of any of the above proscriptions or for 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 Directer for Operations (EDO) in accordance with the procedures outlined in 520-1.5411.
520-1.5405-2 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 120-1.5411 neutralized through the use of an appropriate special contract provision. If appropriate, the offeror may negotiate the tems and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:
L
.g.
__________m______ -- -- - - - - - - - - --
7590-01 g
(1) Hardware exclusion clauses which prohibit the acceptance of procuction by performed contracts following a related nonproduction contract previously the contractor; (2) Software exclusion clauses; L
'(3) Clauses which require the contractor (and certain of his key !
personnel) to avoid certain organizational conflicts of interest; and '
(4) Clauses which provide for protection of confidential data and guard against its unauthorized use.
(b) The following additional contract clause may be included as section (i) in the clause set forth in5 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.
(i) Follow-on effort. (1) The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor shall not perform an" technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of such products or services.
(2) If the contractor under this contract prepares a complete or essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.
' (3) Nothing in this paragraph shall preclude the contractor from offering or selling its standard commercial items to the government.
I 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of !20-1.5404(b) and other relevant.information. After evaluating this information against the criteria of 520-1.5403, a finding will be made by the contracting
- officer whether organizational conflicts of interest exist with respect to a particular offeror.
If it has been determined that conflicts of interest exist, then the contracting officer shall either: -
(a) Disqualify the offeror from award, 4
4
m 73 e:.,
- 7590 ,
(b) Avoid or eliminate such conflicts by appropriate measures; or
~
(c) : Award the contract under the waiver provision'of 520-1.5411.
120-1.5407 Conflicts identified after award.
If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting .
officer determines that such conflicts do, in fact, exist and that it would not be in the best interests'of the government to terminate the L contract as provided in the clauses required by 120-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 120-1.5411, neutralize the effects-of the identified conflict.
520-1.5408 (Reserved) s20-1.5409 (Reserved) -
520-1.5410 Subcontracts The contracting officer shall require offerors and contractors to submit a' representation statement in accordance with i20-1.5404(b) from-subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with 1 20-1.5405 in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.
I 20-1.5411 Waiver 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 a'io concurrence of the program office director and the Office of Executive Legal Director. Upon the recommendation ~of the contracting officer, and after consultation with the Office of the General Counsel, the EDO may waive the policy in specific cases if he determines that it is in the best interest of the United States to do so.
Such action shall be strictly limited to those situations in which: ,
l I (1) The work to be performed under contract is vital to the NRC program; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict. For any such waivers, the justification and approval documents shall be placed in the Public Document Room.
i a
~~ R l
J
. k 7590-01 620-1. 5412 Remedies In addition to such other remedies as may be permitted by law or contract for a breach o'? the restrictions in this subpart or. for any intentional misrepresentation or intentional nondisclosure of any /
relG snt interest reauired to be provided for this section, the NRC may jebar the contractor from subsequent NRC contracts.
Dated at Washincten. D.Cthis 27th day of March 1979.
For the Nuclear Regulatory Commission
. b cho,dN (n.&
Samuel J. Chilk '
Secretary of the Commission e
r 4
. .g O
u_______ _ _ _ _ _ - - - -
,.~
c,
..,t -
ggi z i'
(REVISED - 4/87)
BILLING INSTRUCTIONS FOR FIXED PRICE COnlHACT5 AhD PURCHASE ORDERS L
General. 'The contractor shall submit vouchers or invoices as prescribed herein. ,
Form. Claims shall be submitted on the pavec's letterhead, invoice or on-the Government's Standard Forn 1034 "Public Voucher for Purchases and
' Services Other Than Personal " and Standard Form 1035 "Public Voucher for Purchases Order Other'Than Personal -- Continuation Sheet." These forms are
, available from the Government Printing Office, 701 North Capitol Street, Washington, DC 20801.
Number of Copies and Mailing Address. An original and six copies shall be submitted to NRC offices icentified below.
Frecuency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products delivered in performance of the contract unless otherwise specified in the contract.
Preparation and Itemization of the Voucher. The voucher shall be prepared in ink or typewriter (without strikeovers) and corrected or erasures must be -
initialized. It must include the following:
(a) Payor's name and adcress. (i) Address the original voucher (with 4 copies) to: U.S. Nuclear Regulatory Commission, Division of Accounting and Finance, ATTH: GOV /COM Accounts Sections, Washington, DC 20E55. (ii) Address 2 copies to: U.S. Nuclear Regulatory Connission, ATTN: E. L. Halman, Director, Division of Contracts. Washington, DC 20M5. (iii) The' original copy of the voucher should indicate that (2) copies have been forwarded to the Contracting Officer.
(b) Voucher number.
(c) Date of voucher.
(d) Contract number and date.
(e) Payee's name and address. (Show the name of the contractor and its correct address, except when ., assignment has been made by tht; contractor or a different payee has been designated, then insert the name and address of the payee.)
(f) Descriptier cf attitles or services, quantity, unit price, and total amount.
e .
. s.
s,
- 1.
2 (g) Weight and zone of shipment, if shipped by parcel post.
(h) Charges for freight or express shipments, and attached prepaid bill, if shipped by freight or express.
(i) Instructions to consignei to notify Contacting Officer of receipt of shipment.
(j) Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency nonnally 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.
4
.3
_._____._-____._m--_-________,m _ - - - - - -
-C B
D I r
~ e 2 n
- e 2 o 4 - P E
f - S o
1 e
g-a a ws t t n
a r
P i e e.
s s
e e in s y H g a r f 5 p t
iV- a i s
e e d r n e
n A ) a a 5 t n
l n s g o y~ a . s i
r t v ni a a i e r c.
M~ -
l o R
(
f v
a p l o bn r 5 t 5 u ' e 2 l
o M 1 C
f
~ C D
6 8 i,,si. .
o~ n l
~
t o yWe, C g i
r i n -
t h s s a 439288989219305 iD W a 012159327423995 y
m i, e, s 876421 098941976 t
a o. n 11111 11 o
=- n.
o i t
a
^ n' p o
i u t
a c m
c O
=
e' s t t :
rs
- An o ,
w di l nt a w aa c p i nu n s ioc a l
n t O c ' h c
i o a >
L i nl M D t na oc ,
n N a fi l o U n nn a i i I h c v S s c i A NT f m ey ,e t n OC o r ore o sT n
a n
Ri s se I tat La p
nt a, od h
e Oio4 Bnt 2 9
AT oe =
e itana r t As s NCo f
iD e o M a
Lui9 I Ay s c msn ///
t a
F o v2 MRa i
8 r
i e v r co 1TT r ,
vg e n O stAD C RT e e t ci s Ot I pn o T ofUD. enc r i a e a I I oa i T e DW c gp t NnO0 E Os I IIII i 0 e nu I I I I t r a MA H0 D Ce s am i sc c
rreee rrrI I I na er t
n O o Et e c oome nn rrrnb e ya sO 1
ce tt n v aaaaat tti l i
n o o o pi m u
A P srAI A Vn o e r
rrrrraaau eegggrrrq a r:
t s EH s PMc E
DrG WRo E ic t ppoooeeeet oorrrppp sc
. uA A a ni
,m I
FS a r ) ar pppoool d VI I I t tA yy a StW Uuv W OEse u
/
s a rrrrrrrrrr VIIII ,0 s>
o.
RHy ET "
T
/o s Dd i
ca n t.t
.itttteeeeeeeerrrrr esuuuuuupAeeeee tttt t th p p p p p pi p>pff f f i
c
^
J vM i
r S r t y yys n n n i n rn eaaaa oh u I ar n a eeooooaoeor KKCCCCCCPCDDDDD rrrr t rP t G or E ,rT. oet c tb . . . . . . . . . . . . . . .
cd en R
' une 1 12345678901 2345 l a u i.
A1 ' ' 111111 E e ar .
(l D i t! l
M-C D
m r -
2 e h
e
- 2 t O
P 4 - E f
S o -
2 e e
e s y g -
a a o 8'
" ds a
P i n
l e
e ig V H r J S
i I V a
- e r
d' d )
n A '
a 5 I' n l n . '
' o y a v " t i
r t ~
a a i e " c a
M l o
R I
( V a p l o bR r 5 t 5 u e 2 l M 1 O -
g, C C 6 D 8 ,, g,.
f ,g .
o n , ,
t t o ,
gw c g i n r i t h s s a 53819 319319 31 9355 1 83406 i
D W 473239239239239095115141 t
ci ,y.eg 96341 941 119419419187981769 11111 11 11 1 1 i
. a
, n aw
,,
- u n
hh 3 ^ a e
c a
n mi r
t e
e d
e g
~ a
- w )
r e
s t I
n re n
I o eC L i v D t rs N a ee n sc U n I br oi i I 1 O u t S e o a NT f m e I 1 I rs n OC s u
ore y o ttt sss ee hR
_ Mi SN 0
9nI O82 Ae mi0 s 9
I TAta.
AT NCe t
t nt oe
.i D tp o
n e
o
///
1TT-I I 1 i ii lll aaa i ii t
ag en Wi I
Ay s k I 1I ccc /n nr L v eee F oV2 M Rra I .i e vg r
e ttt ppp aa O snD E CNt RT e t
s sssI SSS ie s .i a yyyI 1 cl f
o nnn ni( r T e nUD. I e DW l l l I 1 I ooo an ON E Os Mn s aaa iii ihnt o t Ceh n
a nnnttt e n HO D aaasssi i i ttt nccaatt n h o Et l
c aaa aieiranh T
nD G E T
Cf ssslll n n naaaI I
I 1 nmn nr n i nTct nec ch i s R
A aN N GI o i cl nud g iAI A Vn W eeeiiiI 1 I 1 I ooo neahl ri t tt cccI 1 I fff P s H sssepe rrrnnn hTccl ouc E E S W ERioc c eI G yyypeprrreeeIII i t
DrG
. nA A FS e r sssSSS ooohhht t t pppll l nTro eygT S. t W i rrrsssaaaaaaaaaa ol gaeea W
Uuv eeett t r r r r r r c c ci yt o n c
- o OEdlY/s RHy ET B s
o tttiii ttt g g gi i i uuubbbsssooonn p p piii u u ul ti ooocc t
r.rariiT
. aronn -
roeih t T M i n nhhhl t hh . bbt acr e
u t
S I
G E
.o Lt r aoox CCCEEEI xxl l I I l hhh eect i PPPTTTLLLMTTHOC aereat R '
ne c 901234557890123456789012 122222222223333333333444 OwAD i '
. ar -
.l i A'
r l i
l
M- -
CK DI m r y
a
- 2 e .
s i D
,_ 2 s
_- o e )
P . c .
4_ E r ,t y n e
d e
_ S d eri d v f_
o_ e t ol i n fti s l o
acc p 3 i v e .-
e f e
aa ern l g s , srf d oi a_. i a uen s e
s
/
d kt enl I nf s )
i P.. . n l
e s s
4 s eoa ee 7 a wcr e yuy e n
n e .t 3 e
. ig
/
e y
a n y 4) d at o 0c)
( n i
r 5 p t re Dil i e i ;oF t p sr2 V a
.~ d- e te e
c a
ss rse l sm abe 'y r s p aem i u r an s
A ) o a eca rse l n 5 I s
. / c ycs o h a)
M7 y a e . 3 u m yt 0 j _
, r v
. g a s
. l 5se ea 1 a
t -
e s a a ( h Mmo t t(
i e r
n n r t S
_ M- l R F o et , r a
o p
( v i s
t nt yod d u f ea at e nol
. i o r s as dct ad b 5 e ek h aa a t e
5 f srr t rc ,
t M
2 o r
k po rti ) L l
e ee w 1 3 o - p inn C ', Bou 3 ,
~
C D
6 8
/
2 r wht ra s cm 0) f
', o m ( 9 Ao o~
n o
' e 3
hi
- t m l
'no (c e0 g(
7 t
. ic t
g v rii ows t n r n
i t s g .a n yl oe eg r i a se f iap Gr t
s~
h s t r ec o hDs a a ci eef i
D W s cve as cG i
urc Wah n n sen sa mt iga
. i m r
,ti ysw rnF Pi osr m
%' d a
rof onr uo ai Dre gC n hc )
1)
,K
., ^ a e v
ti e ct p n a 31 2 06(
h i an i.
V nrd d ( 0 a t roe ao (
a u y y u t ch r c a' c e
n t eyc rr r of haa eed u e
= x e
con tD min e
an i u n ou a d e as L gi n
gq t a c e v d . h pr niy nFl
- o. a i) . t so i va o s
w f6 h i t t; p M a1 5 t n
wecl a rg ash ,9
)
s n o eor Mkt )
n e c b o4 m cdi in t ,aw ni 7E 1 (
H i
o i R a v o yh 0 L i v r
aF rec aTf ( x O t C 6 eh D ,fo e n 2 st r sf e N a s: i9 o sy ay er s
U n e 2 2 f ss li t o
s S i f c ona d ee 0 1
oesl e
'ra D da ra aF rt sc i
a n
NT f m ore sm er ye oS l (
r aie ecd Ye 's ne r h C
)
Ri Oes e OC, I
TA nt so sf ar u
p s.
o yne i r p
wah ert )1 90d
,3 Sw asc NATC ,.
e k 1 Neo
.o iDe l e cp s4 1 e e rch e t n ea D( n 0
aA l s
- e5 w eit :V ( n As,a L e F
O s c
a r
. eR RT.
.i e vg ot t c a
e yR oF a
t vo f rw ae r
a ,s eya y tt rg)
EN, .i a ' er l C o sd yad en9 Te o. T DW
- l t p i n n Di ) vi7 Nn E n s e E O 5 " b n ao u9 s2 t.
3 of a o , .)
r eso l 1l l 1 0 ar(
a e so o D EC, ,,
' cc 2 i
t puh 0CA T i C' i on $ ahd3 st (
ff Rs a s EGIC, l n pi ti r ct e7 a g y1 ys ed nooo e
W t
Ae s n AV p yd o vno al m o P s ad l e el 4 doa t ssf E
r s e WR%, sg e pt pa r
u dL p i mR iCn l
geea niit a
D.
uev o
s so w FS O E E, L%
V s t a i
f n ee g
ti ae ol n im n
a p .
sre9 sr eF C
dD o ,e h yh At i tt S h nn s uud aoon o
R ET H ,, /s a es ne d
a k av2 eee i
ar' f WCC a t T ' oe s 9 eyre po e S '
ey e ed on 5, w ee by : : :
C) 0an DP E A s I t 5 iS a
c G .o go nl Da 1 21d( 1 L a V gIi E t i p R ' c ru / /
/~
ne F s 1- 2 3' /-
4 /-
5 ar
- D l'