ML20234F503

Contract: Cabling Connectors for Installation of Nine 5520 Cpus in One White Flint North, Awarded to Visions Data Cable,Inc

ML20234F503
Person / Time
Issue date:	06/23/1987
From:	Hagan T NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), VISIONS DATA CABLE, INC.
To:
Shared Package
ML20234F486	List: ML20234F484 ML20234F503
References
CON-NRC-10-87-213 NUDOCS 8707080245
Download: ML20234F503 (31)

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egg, j U.S. Nuclear Regulatory Comission l Division of Contracts Washington, D.C. 20555 1

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Visions Data Cable. Inc.

2708 S. Nelson Street D Foa oa'c N O o'

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Arlington. VA 22206 i o.sc o~v e om

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}p U.S.NuclearRegulatorfCbinivu ,2.e ,w(ni 6Lof.wAot.v 4934 Boiling Brook Parkway U.S. Nuclear Regulatory CoMNDn --

_Rockville. Maryland 20852 Division of Accounting & Finance, ARM u ~" i-o. " i s . o. us. c o ,-. . , ~.~ , ou . o o c o~en.. ... ATTN: G0V/COM Acc Accov~i.~c A~o A .o ta...Sec t i on . Wa sh . , D. C . 20555, i .o~ o v .

O ious C muc" i O i u s C :sa.cn i B&R: 43,20-31-604, Amount: 549,644.00

_i s A Tr u No APPN: 31X0200.407 ise Sveet.cs/Se av.Cas isc ouAsi Tv ksO. uNt1 The NRL hereby accepts your bid submitted unde ist usi18's..Ct ! iSF AuOv"7 1 through 7 in accordance with tt e prices set "- orth IFB ES-ORM-87-2d7 for items i erein.

Although the solicitation was issved as IFB RS Contract No. NRC-10-87-213. J

-0RM-8P-247, awdr4 is made under NRC I The required items and their appfopriate quantities; hall be de(liv 45 calendar day period. Upon del ered within the lthe firm find nrico nf tao Aaa very and acceatance , the contractor will be paid i -

l 1SG. TOT AL AA40UNT OF CONTR ACT >; $ W 5044.VU_

V) ISEC l 16. TAdLE OF CONTENTS -_

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PDR CONTR NRC-10-87-22 3 PDR

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. s ADM-87-213 PAGE 2 of 3 Additionally, the following Sections are completed and included as follows:

1. Under Section B, Paragraph B.2, Consideration,and Oblication, is deleted in its entirety, and the following is inserted in lieu thereof:

" B.? Consideration and Obligation The firm fixed price of this contract is $49,644.00. Payment will be made upon completion / delivery and acceptance of all required products / services."

2. Under Section F, F.1, Place of Delivery, the second line of the address is deleted, and the followingTs inserted in lieu thereof:

Contract No. NRC-10-87-213

3. Under Section F, Paragraph F.2 is deleted in its entirety, and the following is inserted in lieu thereof:

" F.2 Duration of Contract Perico ihis contract shall comence on the effective cate reflected in Block 3 of the SF-26 and will expire 45 days thereafter."

4. Under Section G Paragraph G.4 is deleted in its entirety, and the following is inserted in lieu thereof:

" G.4 Remittance Address If item 15c. of the Standard Form 33 has been checked, enter the remittance address below:

Name: Visit.is Data Cable, Inc. I Aadress: 2708 South Nelson Street Arlington, VA 22206 "

5. Under Section G, the below paragraph, which was inadvertently omitted, is hereby included.

G.5 Project Officer Authority

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

Name: Michael MacWilliams Address: U.S. Nuclear Regulatory Commission 7920 tiorfolk Avenue Bethesda, Maryland 20814 Telephone Number: 301-492-8143

ADM-87-213 i PAGE 3 of 3- I l

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b. The Project Officer is responsible for:

1) Monitoring Contractor performance and recommending to the Contracting Officer changes in requirements.

2) Inspecting and accepting products / services provided under the contract.

3) Reviewing all Contractor invoices / vouchers requesting payment for products / services provided under the contract and making recommendations for approval, disapproval, or suspension. 1 i

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c. The Project Officer is not authorized to make changes to l the express terms and conditions of this contract. 1 (End of Clause) 1 l

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/i SiOpbli.3110N, OF'F R'AND AWARD. $'ct n gA$ 1UC ] . pbPActs a.1 VPE OF 50LIC41 AlION 5. DA' L 655ULD 6. R E QUl54110N/PU RC HASL

2. cOro aAci NO. 2. 50uCel AJ 80N NO. NO.

i RS-0RM-87-247 @ st ALED WD 0M4 4' 5/i3/87 O "ccou^2co iar ri

1. 55Ut D ev cooc j e AwRcss On c R TO <if onn a.n ne- is U.S. Nuclear Regulatory Commission All bids should be submitted as indicated in  !

Division of Contracts Block 7, however handcarried bids (this includes Washington, D.C. 20555 express mail and all commercial delivery services ,

must be delivered tO the addressed in Block 9. l NOTE: in seaied bio soiiciisisons of fe,~ and of feror~ enean " bio" and biddor~

SOLICITATION 8

9 Scaled of ters in original and One (l ) - copies for furnishing the supplies or services in the Schedule wiH be received at the place mecihed en item 8, or i tandcarried. in the depository iocated in Room 2223, 4550 Montgomery Avenue unul_0:00 Intime 6/11/87 "*

Bethesda, Maryland 20814 l CAUTION - L ATE Submissions. Modifications, and Withdrawals:See Section t. Provision No. 52.214-7 or 'J21'#10. All offers are subject to all terms and Conditions contained an this solicitation.

to. rOn inF OnleATION CALL: Ronald Coleman 301-492-4519

11. TABLE OF CONTENTS DESCRIPTION lPAGE(S)

WilSEC. l DE SCRIPTION lPAGE(S) W)lSEC l PA ftT I - T HE SCHE DULE PART 11 - CONT R ACT CL AUSE S l 1 l CONT R ACT CL AUSES l A SOL l CIT ATION/ CONT R ACT F ORM PA RT 1 1 - usf or occVMENT S. t plDIT S AND OT HE R ATT ACH B SUPPLIES OR SE RVICES AND PRICES / COSTS lJ l LIST OF ATT ACHMENTS l C DESCRIPTIONISPE CS / WORK ST A1EMENT PACK AGING AND MARKING PART IV - RE PRLSENT ATIONS ANO INST RUCTIONS D

E INSPECTION AND ACCEPTANCE . REPRESENT ATIONS. CERTIFICATIONS AND OTHE R ST ATEMENTS OF OF F E RORS F DE LIVERIES OR PE RF ORMANCE G CONTRACT ADMINISTRATION DAT A* L INSTRS . CONOS . AND NOTICES TO Or rE r: ORS H SPE CI AL CONT R ACT RE OutREME NTS M EVALUATION F ACTORS FOR AWARD 0 F F E R (Must be fully completed by offeror)

NOT E : Stem 12 does not apply if the solicitation encludes the provisions at 52.21416. Minimum Bed Acceptance Perioct.

calcridar days (60 sofredar Ja>s unine o dif/crer.r

12. In compliance with the above. the undersigned agrees, if this of fer is accepted within period is inserted by the o ferorJ r 1 rom the date f or receipt of of fers specified above. to f urnish any or all items upon which prices are of tered at the price sc oppoute each item, delsvered at the designated point (s). Within the time specif ied in the schedule.

20 CAdNDAh DAv 5 30 C Att NDn DMS CAdNDAH DAM

13. DISCOUNT FOR PROMPT PAYMENT l10 C Ad NDAH DAv5 e (Ser .ctson i. Clause No. 52 232 B)  % of ((  % n DATE AME NDMENT NO D AT E

14. ACKNOWLE DGMENT OF AMENDMENTS AMENDMENT NO (The offerov ocknowledgra rtrespt of omend-unents to the SOLICATATION for offerore and ,

related documents numbered and dated' I f AC8L8Ty 1I J e>. N AME AN D 1 e1 L L Of PL H50N AU t Hom2 LO TO SIGN CODE II I OFF CR (Typt or prant) 8 5A. NAME

" 10M T/S bbM f /O(, h)Qg , $qqp%

Or OFFEROR AMM h4 b b6DM 6D j V' k g1MQ 6 UE ' '"4 l'UW6 6'*  ;

iGN AT URE la.OffLR DATE 15e. T E LEPHONE NO. starJude erra 15C. CHECK tF REMITT ANCE ADDRESS W$ Nhk YHYnYNYC$$i / (NLAAX

• AWARD lTo be completed by Government) { '

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2o. AMOUNT 21. ACCOUNTING AND Al' PROF 5y110 j

19. ACCEPILD AS TO ITLMS NUMBERED e

22. guiyOR11 Y f OR U$tNG OT HE R T H AN F ULL AND OPEN COMPI TI-ADDRE SS M" i 23 S,,UBMIT co,.r. un ssINV,,OIC,ES o h,,. TO..r eP,,,ri,d,SHOWN IN h .

10 0.S c. 2304 tc)I 1 0 4i u S C. 2s3ccii

24. ADMINIST ERLD BY (J/ other then Jirm 7; 25. PAYMLN1 wlLL DE M ADL DY coog l CODE l 2/. UNITED ST ATES OF AMERICA 28. AW ARO DATL M. NAML Of CONT R ACT ING OF F ICL R (Type or print) rsianoture of contracten offscers IMPORT ANT - Award will be made on this Form, or on Standard Form 26, or by other authorized of ficial written notice.

33133 ST ANDARD FORM'33'tRLv. 4-ebt N5N 7540 01 152 8064 ojgn y

. ) d {C l PREvlOUS EDITION NOT USABLC

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, REF ERENCL h0. 0F, DOCUMENi bEING CON T 4NULO PAGL Of CONTINUATION SHEET -

- 2 26 PAGES WedL OF DF F Ckok os< CON 1 kkCTO6<

ITEM NO. SUPPLIES / SERVICES OUANTITY UNIT UNIT price AMOUNT l

Part I - The Schedule j Section B - Supplies or Services and Prices /

Costs B.1 Brief Description of Work The Contractor shall provide the following IBM Cabling System components to the U.S. Nuclear Regulatory Commission (NRC):

1. IBM Part #6091070, Twinaxial Impedance Matching Device 144 ea $ '$b $S!llk

2. IBM Part #6091075, Twinaxial Direct Connect 36 ea $ SWI $ Ibl1D Cable

3. IBM Part #8642550, Twinaxial Y Assembly 400 ea $ A 30 $ M 5a0.0D

4. IBM Part #6091077, Loop Wiring Concentator 90 ea $ lD $ . Nb OD (metal)

5. IBM Part #6091042, Cable Bracket 90 ea $ l' $ @{.rg g

6. IBM Part $8642551, Patch Cable (8-foot) 110 ea $M Y) $1M SO

7. IBM Part #8642552, Patch Cable (30-foot) 20 ea $3 b $ bbl-)b Total Amount $kbM.h E 4 b .

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' RS-0RM-87-247 i PAGE 3 B.2 Consideration and Obligation The firm fixed price of this contract is $ * . Payment will be made upon completion / delivery and acceptance of all required products / services.

Section C - Description / Specifications / Work Statement C.1 Statement of Work The Contractor shall provide IBM cabling system components in accordance with Section B herein.

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

to the mode of transportation. On the front.of the package, the 1 Contractor shall clearly identify the contract number under which the product is being provided.

Section E - Inspection and Acceptance E.1 Place of Inspection and Acceptance Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the destination.

Section F - Deliveries and Performance F.1 Place of Delivery.

The items to be furnished hereunder shall be delivered, with all transportation charges paid by the Contractor, to: i U.S. Nuclear Regulatory Commission Warehouse Contract Number:

• 4934 Boiling Brook Pkwy.

Rockville, MD 20852

• To be incorporated into any resultant contract.

F.2 Duration of Contract Period I

This contract shall conmence on the ef fective date reflected in block 3 of the SF-26 and will expire

• days thereafter.

• To be incorporated into any resultant contract.

FAR Citations  ;,

F.3  ;,

j 52.212-1 TIME OF DELIVERY. (APR 1984)-- Alternate I (APR1984)

RS-0RM-87-247 PAGE 4 >

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE ITEM N0. QUANTITY WITHIN CALENDAR DAYS AFTER DATE OF j CONTRACT AWARD

1. IBM Part #6091070, 144 45 Twinaxial Impendance Matching Device

2. IBM Part #6091075, 36 45 Twinaxial Direct Connect Cable

3. IBM Part #8642550, 400 45 Twinaxial Y Assembly

4. IBM Part #6091077, 90 45 Loop Wiring Concentator (Metal)

5. IBM Part #6091042, 90 45 Cable Bracket ,

~

6. IBM Part #8642551, 110 45 Patch Cable (8-foot)

7. IBM Part #8612552, 20 45 Patch Cable (30-foot)

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

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I RS-0RM-87-247 PAGE 5 0FFER0R'S PROPOSED DELIVERY SCHEDULE ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT (b) The delivery dates or specific periods above are based on the assumption that the Governnent will make award by June 16, 1987. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded.

Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

(End of clause)

(R 7-104.92(b) 1974 APR)

(R1-1.316-5)

(R 1-1.316 4(c))

(R 7-104.92(e) 1974 APR)

(R1-1.316-4(b)(1))

Section G - Contract Administration Data G.1 Method of Payment

a. Payment under this contract will be made by wire transfer l through the Treasury Financial Communications System for each individual payment in excess of $25,000 and by Treasury chect for each individual payment of $25,000 or less.

b. In the event that the Contractor's financial institution has access to the Federal Reserve Communications System, the Contractor shall forward the following information in writing to the Contracting Officer within seven days after the '

effective date of the contract.

1). Name and address of organization.

2). Contact person and telephone number.

3). Name and address of financial institution.

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

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RS-0RM-87-247 PAGE 6 5). Telegraphi: aisbreviation of Contractor's financial institution.

6). Account number at Contractor's financial institution.

7). Signature and title of person supplying this information.

I

c. In the event the Contractor's financial institution does not.

have access to the Federal Reserve Communications System, the Contractor shall forward the following information with regard to a correspondent or alternate financial institution. The information shall be in writing and submitted to the - i Contracting Officer within seven days after the effective date of the contract.

1). Name and address of organization.

I 2). Contact person and telephone number. {

3). Name and address of financial institution.

4). Telegraphic abbreviation of Contractor's financial t institution, 5). Account number at Contractor's financial institution.

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

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

l 8). Telegraphic abbreviation of correspondent financial {

institution. <

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

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

G.2 Payment Due Date.

a. Payments under this contract will be due 30 calendar v.ays af ter -

the later of:

1) The date of actual receipt of a proper invMce in accordance with the attached " Billing Instructions", or

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

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RS-0RM-87-247 PAGE 7

b. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur 30 calendar days after the date of delivery of the final deliverable product / service performed in accordance with the terms of the contract.

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

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

G.3 Interest on Overdue Payments.

a. The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801) is applicable to payments under this contract and requires the payment of interest t. Contractors on overdue payments and improperly taken discounts.

b. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125, Vol. 47 Federal Register 37321, August 25, 1982. Among other considerations. OMB Circular A-125 provides that:

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

2) Whenever a proper invoice is paid after the due date plus 15 days, interest will be included with the payment at the interest rate applicable on the payment date. Interest 1 will be computed from the day after the due date through I the payment date.

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RS-ORM-87-247

'PAGE 8 G.4 Remittance Address If item 15c. of the Standard Form 33 has been checked, enter the remittance address below.

Name: U.S. Nuclear Regulatory Commission Address: Division of Accounting and Finance Office of Administration and Resource Management ATTN: GOV /COM Accounts Section Washington, D.C. 20555 Section H - Special Contract Requirements H.1 Contractor Organizational Conflicts of Interest (OMB Clearance Number 3150-0112)

a. Purpose. The primary purpose of this clause is to aid in j ensuring that the Contractor: )

1). Is not placed on a conflicting role because of current or f planned interest (financial, contractual, organizational, {

or otherwise) which relate to the work under this {

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

b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor as defined in 41 CFR G20-1.5402(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 i arrangements with any firm or organization, the result.of which may give rise to a conflict of interest with respect to the work being performed under this contract. The Contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the Contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the Contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.

d. Disclosure after award.

1). The Contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this a ..; $,

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, .JRS-ORM-87-24b

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,PAGE'9

.t contract, it does not have any organizational conflicts of interest, as defined 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 interests of the Government.

e. Access to and use of information.

1). If the Contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released to the public, the Contractor agrees not to:

(i) Use such information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on such  ;

information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government ,

based on such information until one year after the j release of such information to the public, or 4 (iv) Release the information without prior written approval by the Contracting Officer unless such information has previously been released to the public by the NRC.

2). In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data  ;

protected by the Privacy Act of 1974 (Pub. L.93-579), or i 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.

,g .

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RS-0RM-87-247 PAGE 10

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 waiyer under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 920-1.5411.

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RS-0RM-87-247 PAGE 11 PART II - CONTRACT CLAUSES Section I - Contract Clauses 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS. (APR 1984)

(a) This acquisition is not a set aside for labor surplus area (LSA) concerns. However, the offeror's status as such a concern may affect (1) entitlement to award in case of tie offers or (2) offer evaluation in accordance with the Buy American Act clause of this solicitation. In order to determine whether the offeror is entitled to a preference under (1) or (2) above, the offeror must identify, below, the LSA in which the costs to be incurred on account of manufacturing or production (by the offeror or the first- tier subcontractors) amount to more than 50 percent of the contract price.

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(b) Failure to identify the locations as specified above will preclude consideration of the offeror as an LSA concern. If the offeror is awarded a contract as an LSA concern and would not have otherwise qualified for award, the offeror shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

(End of clause)

(R 7-2003.13 1978 JUN) 52.233-3 PROTEST AFTER AWARD (JUN 1985)

(a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting w .>>

i RS-0RM-87-247' PAGE 12 )

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Officer decides the facts justify the action, the Contracting Officer may j receive and act upon the request at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall' allow reasonable costs resulting from the stop-work order in 1 arriving'at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the -

stop-work order.

(e) The Government's rights to terminate this contract at any time are  !

not affected by action taken under this clause. l (End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (APR1984)

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

1. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES Section E 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE. (JUL 1985) 52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

Section F 1'

52.247-34 F.0.B. DESTINATION. (APR 1984)

Section I 52.202-1 DEFINITIONS. (APR 1984) 52.203-1 0FFICIALS NOT TO BENEFIT. (APR 1984) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) 52.210-5 NEW MATERIAL. (APR 1984) 52.203-7 ANTIKICKBACK PROCEDURES (FEB 1987) 52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING. (JAN 1986) 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR1984) 52.219-13 UTILIZATION OF WOMEN-0WNED SMALL BUSINESSES. (AUG 1986)  ;

52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS. (APR1984) 52.222-3 CONVICT LABOR. (APR1984)-

52.222-26 EQUAL OPPORTUNITY. (APR 1984) 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) '

52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 52.225-3 BUY AMERICAN ACT--SUPPLIES. (APR 1984) 52.229-3 FEDERAL, STATE,'AND LOCAL TAXES (APR 1984) 52.232 PAYMENTS. (APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (JUL1985) 52.232-11 EXTRAS. (APR 1984)

I RS-0RM-87-247 PAGE 13 52.232-17 INTEREST. (APR1984) 52.232-23 ASSIGNMENT OF CLAIMS. (JAN1986) 52.233-1 DISPUTES. (APR1984)

.52.243 CHANGES--FIXED-PRICE. (APR 1984) l 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM). (APR1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR1984) 52.249-14 EXCUSABLE DELAYS. (APR1984) l q

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..j RS-0RM-87-247 PAGE 14 PART III - LIST OF DOCUMENTS EXHIBITS, AND OTHER ATTACHMENTS Section J - List of Attachments J.1 Attachments Attachment Number Title 1 NRC Contractor Organizational Conflicts of Interest (41 CFR Part 20) 2 Billing Instructions 1

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t PART 20-1 -- GENERAL Subpart 20-1.54--Contractor Organizational Conflicts of Interest Sec.

20-1.5401 Scope and policy.

20-1.5402 De.finitions.

20-1.5403 Criteria for recognizing contractor organizational  ;

conflicts of interest.

20-1.5404 Representation.

20-1.5405 Contract clauses.

20-1.5405-1 General contract clause.

20-1.5405-2 Special contract provisions.

20-1.5405 Evaluation, findings, and contract award. l 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)

I20-1.5401 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 objective by requiring all prospective contractors to submit infomation 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 deteminations 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 l policy guidance. The ultimate test is: Might the contractor if awarded  :

the con *ract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart applies te contractors and offerors only. Individuals or firms who have other relationships 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

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7590-01 agreements with other government agencies, international organizations, or state, local or foreign governments; separate procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.

I20-1.5402 Definitions l

(a) " Organizational conflicts of interest" means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (2) may result in its being given an unfair ,

competitive advantage. I (b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.

(c)

• Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.

(d) " Technical consulting and management support services" means  !

internal assistance to a component of the NRC in the fomulation or J 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; arid preparation of preliminary designs, specifications, or q statements of work. 1 (e) " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1. 5401 (c) .

(f) . " Contractor" means any person, fim, unincorporated association, joint venture, co-spongor, 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 controls or has the power to control another, or when a third party controls or has the power to control both (41 CFR I1-1.606-1(e)).

(h) " Subcontractor" means any subcontractor of any tier which' performsworkunderacontractwiththeNRCexceptsubcontractsforl 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 proposal, solicited or. unsolicited, to the NRC to obtain a contract.

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7590-01 (j) " Potential conflict of interest" means that a factual situation exists that suggests (indicates) that an actual conflict of interest may-arise from award of a proposed contract. The tem potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be . reported to the contracting officer for investigation if they arise during contract perfomance..

I 20-1.5403 Criteria for recognizing contractor organizational <

conflicts of interest (a) General. Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an  ;

unfair competitive advantage based on the performance of the contract? _l The ultimate determination by NRC as to whether organizational conflicts I of interest exist will be made in light of cannon sense and good business  !

judgnent based upon the relevant facts disclosed and the work to be performed. While it is difficult to identify and to prescribe in advance ,

a specific method for avoiding all of the various situations or relationships which might involve-potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultation or evaluation activitias, or similar activities that lay direct groundwork for the NRC's decisions on regulatory activities, future procurements, 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 s,ay give rise to organizational conflicts of interest under the following circumstances:

(1) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same ares to any organization regulated by the NRC.

(ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization. regulated by the NRC.

(iii) Where the offeror or contractor evaluates its own products or services, or the products or services of another entity where the offeror or contractor has been substantially involved in their development or marketing.

(iv) Where the award of a contract would othemise 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.

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7590-01 l (2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such  ;

l as provided in 520-1.5405-2 in the following circumstances:

(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.

(ii) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using such approaches or methodologies.

(iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which could form the basis for a later procurement action.

(iv) Where the offeror or contractor is granted access to proprietary 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. J (c) Policy application guidance. The following examples are  !

illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1) Example.

The XYZ Corp., in response to a request for proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the XYZ Corp.

advises that it is currently performing similar analyses for the reactor manufacturer. ,

4 Guidance. An NRC contract for that particular. work normally would not be awarded to the XYZ Corp. because it would be placed in a position i

in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qualified companies available, there would be no reason for considering a waiver of the policy.  ;

(2) Example, The ABC Corp., in response to a RFP, proposes to perform certain analyses 7f 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 callsid 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.

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Guidance. An NRC contract normally could be awarded to the ABC l Corp. because no conflict of interest exists which would motivate bias l 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 l advanced reactor mentioned in the example.

(3) Example. As a result of operating problems in a certain type of connercial 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 pr'otection of the public. Orfly one manufacturer has extensive experience with that type of plant. Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decihions affect the reactor's design and thus the company's costs.

Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.

Since the nature of the work required is vitally important in 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 attention to the establishment of protective mechanisms to guard against bias.

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(4) Example. The ABC Co. submits a proposa1 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 infonnation 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 unfair competitive auvantage that might otherwise accrue. When NRC furnishes infonnation to the contractor for the perfonnance of contract work, it shall not be used in the contractor's private activities unless such information is generally available to others. Further,.the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information developed under the contract is proposed to be used.

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 520-1.5403(b)(1)(1), ABC Corp. informs the NRC that it is presently doing seismolog'ical studies for several utilities in the Eastern United States but none of the sites are within the geographic area contemplated by the NRC study.

Guidance. The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. The work for others clause of 8 20- l 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 profe.ssional 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 i

(a) The following procedures are designed to assist'the NRC contracting l officer in determining whether situations or relationships exist which  !

may constitute organizational conflicts of interest with respect to a i particular offeror or contractor.

(b) Representation procedure. The followin organizational l conflicts of interest representation provision sh 11 be included in all i solicitations and unsolicited proposals for: (1) Evaluation services or j activities; (2) technical consulting and management support services; -

(3) research; and (4) other contractual situations where special organizational j confilets of interest provisions are noted in the solicitation and would i be included in toe resulting contract. This representation requirement j shall also apply to all modifications for ad .tional effort under the j contract except those issued under the " changes" clause. Where, however, a statement of the type required by the organizational conflicts of j interest representation. provision has previously been submitted with '

regard to the contract being modified, only an updating of such statement shall be required.

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l 75h0-01 ,

6 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 l' existing contract does ( ) or does not ( ) involve situations or relationships of the type set forth in 41 CFR'l20-1.5403(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 s 20-1.5403(b)(1) are involved, or_ the contracting officer otherwise detemines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer. If' the contracting officer detemines that organizational (1) Impose appropriate conflicts conditions exist, whichtheavoid following suchactions 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 I 20-1.5411.

(2) The refusal to provide the representation required by 120-1.5404(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 teminated. The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically  ;

prohibits such exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would work to the detriment of the competitive posture of the other offerors, the~ proposal must be rejected as unacceptable.

(e) The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be -pemitted to correct the omission.

5 20-1.5405 Contract clauses s 20-1.5405-1 General contract clause 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 (Z) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR I20-1.5402(f) in the actitities covered by this clause.

(c) Work for others. Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being perfomed under this contract.

The contractor shall ensure that all employees who are employed full ,

time under this contract and employees designated as key personnel, if any, under this contract abide by the provision of this clause. If the contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any fim or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.

(d) Disclosure after award. (1) The contractor warrants that to the best of its knowledge and belief and except Es otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).

(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.

This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigat.e such conflicts. The NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the g..ernment.

(e) Access to and use of information. (1) If the contractor in the perfomance of this. contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. g3-579), or data which has not been released to the public, the cohtractor agrees not go: (1) Use

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such releasedinformation for any(private to the public; purpose ii) compete until for work forthe theinformation Consnissionhas been based

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. 7590-01 on such informati'on for a period of Jix '(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 infomation to the public, or (iv) release the information without l prior written approval by the contracting officer unless such information has previously been released to the public by the NRC.*

(2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (Pub. L.93-579), or other confidential or privileged  ;

technical, business, or financial infomation under this contract, the i contractor shall treat such information in accordance with restrictions i placed on use of the information. l (3) The contractor shall have,. subject to patent and security I provisions of this contract, theoright 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 l

" contracting officer,"'shall be appropriately modified to preserve the i 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 l terminate the contract for default, disqualify the contractor from l subsequent contractual efforts, and pursue other remedies as may be i pemitted by law or this contract. j (h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (EDO) in accordance with the procedures-outlined ini20-1.5411.

I20-1.5405-2 Special contract provisions.

(a) If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer ,

may determine that such conflict can be avoided or after obtaining a waiver in accordance with 520-1.5411, neutralized through th.e use of an appropriate special contract provision. If appropriate, the' offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are nnt limited to:

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7590-01 (1) Hardware exclusion clauses which prohibit the acceptance of production contracts followini; a related nonproduction contract previously' l

performed by the contractor; (2) Software exclusion clauses;.

(3) Clauses which require the contractor (and certain of his key personnel) to avoid certain organizational conflicts of interest; and (4) Clauses which provide for protection of confidential data and guard against its unauthorized use, ,

(b) The following additional contract clause may be included as section (1) in the clause set forth ins 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational 4 conflict of interest.

(i) Follow-on effort. (1) The contractor shall be ineligible to j participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of j work under this contract. Furthermare, unless so directed in writing by  ;

the contracting officer, the contr;ctor shall not per. form any technical  !

consulting or management support services work or evaluation activities l 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 parcicipate 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. ,

5.20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of f20-1.54C'.;b) and other relevant information. After evaluating this information agains't the criteria of 3 20-1.5403, a finding will be made by the contracting officer whether organitational conflicts of interest exist with respect to a particular offeror. If it has oeen determined that conflicts of interest exist, then tne contracting officer shall eitner:

(a) Disqualify, tne offeror from award,

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(b) Avoid or eliminate such cort licts f by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.

520-1.5407 Conflicts identified after award.

If potential organizational conflicts of interest are identified a af ter award with respect to a particular contractor, the contracting officer determines that_ such conflicts do. in fact, exist and that:1t would not be in the best interests of the government to terminate the .

contract as provided in the clauses required by 520-1.5405, the contracting officer will take every reasonable action to avoid, eliminate, or, after I obtaining a waiver in accordance with 120-1.5411, neutralize the effects of the identified conflict. {

520-1.5408 (Reserved) 520-1.5409 (Reserved) 620-1.5410 Subcontracts The contretcting officer shall require offerers and contractors to submit'a representation statement in accordance with 520-1.5404(b) from subcontractors and consultants. The contracting officer shall require the contractor to include contract clauses in accordance with l20-1.5405-in consultant agreements or subcontracts involving performance of work under a prime contract covered by this subsection.

I20-1.5411 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 and concurrence of the program office director and the Office of Executive L.egal Director. Upon' the recomendation 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:

(1) The work to be performed under contract is vital to the NRC progr-.1; (2) the work cannot be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3)'

contractual and/or technical review and supervision methods can be employed by NRC to neutralize the' conflict. For any such waivers, the justification and approval oocuments shall be placed in the Public Document Room.

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520-1. 5412 Remedies ,

In addition to such other remedies as may be permitted by law or contract f6r a breach of the restrictions in this subpart or for any intentional misrepresentation or intentional nondisclosure of any relevant interest required *to be provided for this section, the NRC may debar the contractor from subsequent NRC contracts.

day of Ma'rc h 1979.

Dated at Washincton. D.C this 27th For the Nuclear Regulatory Commission C8nnd% YL .

. Samuel ' . Chilk Secretary of the Commission a

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(REVISED - 4/87)

BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS ALD PURCHASE ORDERS General. The contractor shall submit vouchers or invoices as prescribed herein. I Form. Claims shall be submitted on the payee's letterhead, invoice or on I the Government's Standard Form 1034 "Public Voucher for Purchases and Services Other Than Personal," and Standard Form 1035 "Public Voucher for i Purchases Order Other Than Personal -- Continuation Sheet." These forms are available from the Government Printing Office, 701 North Capitol Street, {.

I Washington, DC 20801.

Number of Copies and Mailing Address. An original and six copies shall be '

submitted to NRC offices identified below.

Frequency. The contractor shall submit an invoice or voucher only after NRC's final acceptance for services rendered or products 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 address. (i) Address the original voucher (with 4 copies) to: U.S. Nuclear Regulatory Commission, Division of Accounting and Finance, ATTN: GOV /COM Accounts Sections, Washington, DC 20555. (ii) Address 2 copies to: U.S. Nuclear Regulatory Comission, ATTN: E. L. Halman, Director, Division of I Contracts, Washington, DC 20555. (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. j (e) Payee's name and address. (Show the name of the contractor and its correct address, except when an assignment has been made by the contractor or a different payee has been designated, then  ;

insert the name and address of the payee.) l (f) Descriptier. cf articles or services, quantity, unit price, and total amount.

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(g) Neight 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 consignee to notify Contacting Officer of receipt of shipment.

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(j) Final invoice marked: " FINAL INVOICE" Currency. Billings may be expressed in the currency nonna11y used by the contractor in maintaining his accounting records and payments will be made in that currency. However, the U.S. dollar equivalent for all invoices paid under the contract may not exceed the total U.S. dollars authorized in the contract.

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