ML20007K228
| ML20007K228 | |
| Person / Time | |
|---|---|
| Issue date: | 08/22/1997 |
| From: | Mearse S NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| CON-GENERAL NUDOCS 9708270365 | |
| Download: ML20007K228 (85) | |
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O UNITED STATES la g
g NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D.C. 306 6 0001 o
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AUG 2 21997.
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SUBJECT:
REQUEST FOR PROPOSAL N0. RS-IRM-g7-187 ENTITLED " NUCLEAR REGULATORY COMMISSION (NRC) ISSUANCES AND INDEXES" 0FFERORS:
The U.S. Nuclear Regulatory Coinnission (NRC) is soliciting proposels for commercial services for the project entitled above. The full scope of work anticipated is as set forth in Part A and B of the solicitation.
It is our intention by this solicitation to secure the best qualified organization available to perform this project as technical and past performance, when combined, are more important than cost.
This requirement is a 100% Small Business Set-Aside.
The solicitation package is enclosed.
If you desire to respond, your proposal should address the proposal requirements set forth in Part D, Paragraph D.1 - INSTRUCTIONS TO 0FFER0RS, of the solicitation.
In addition, proposals submitted to the NRC in response to the subject solicitatioa shall not exceed eighty (80) one-sided pages, inclusive of any charts, graphs, and/or resumes.
All pages in excess of this limit will not be evaluated (refer to Paragraph D.2 - PROPOSAL PRESENTATION Alm FORMAT. The NRC is prohibiting all Offerors from submitting foldouts, sales brochures, and/or catalogues under this solicitation.
All proposels will be evaluated against the evaluation criteria shown in Part D, Paragraph D.3.
Any questions concerning this solicitation must be received by the NRC, J.n writine, not later than ten (10) calendar days after the date of this solicitati m.
Questions may be faxed to (301) 415-8157 or forwarded to the following uiling address:
U.S. Nuclear Regulatory Commission ATTN: Ms. DuBose Division of Contracts and Property Management - T-7-I2 Washington, D.C.
20555 Should you have any questions concerning the requirements of this solicitation, please contact Ms. DuBose, Contract Specialist on f
(301) 415-6578 (collect calls will not be accepted).
g 09 Sincerely,g i
PDR CONTR
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9708270365 970822
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OENERAL PDR Sharon D. Nearse h,!$fkf!!]ll!l,I!!!,}!!,Ik!!
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Contracting Officar
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- 1. REQUISITim NER PAGE OF PAGES SOLICITATION / CONTRACT / ORDER FOR ColetERCIAL ITEMS OFFER 0R TO COMPLETE BLOCKS 12, 17, 23. 24, & 30 RS-!R:4 97-187 1
59
- 2. CONTRACT NUMBER
- 3. AWARD /EFF.
- 4. ORDER NUMBER
- 5. SOLICITATION NUMBER
- 6. SOLICITATION DATE ISSUE DATE RS-! RM 187 8/22/97
- 7. FOR SOLICITATION
- m. NAME
- b. TELEPH0hE NUMBER (No Cot tect Catts)
- 8. OFFER DUE DATE/
IN M TIM C m Brenda J. DuBose (301) 415-6578 09 5 97
- 9. ISSUED BY CODE l N/A
- 10. THIS ACQUISITION IS
- 11. DELIVERY FOR FOB 12:00 Noon DESTIhATION UNLESS UNRESTRICTED BLOCK is MARKED
- 12. DISCOUNT TERMS A IDE: 100
%M U.S. Nuclear Regulatory Comission C SEE SCHEDULE Div. of Contracts & Property Mgmt.
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SMALL BUSINESSES 13a. THIS CONTRACT RATED ORDER SMALL DISADV. BUSINESSES nunre nns en era mm Contract Management Branch 3 8(A)
Washington, D.C.
20555 13b. RATING N/A 0'
h
- 14. METHOD OF SOLICITATION SIZE STANDARD:
5.0 O RF0 O IFB
[Ill RFP
- 15. DELIVER TO CODE l
- 16. ADMINISTERED BY CODE l 17a. CONTRACTOR /0FFEROR CODE l l FACILITY l 18a. PAYMENT WILL BE CODE l0 CODE MADE BY U.S. Nuclear Regulatory Comission Div. of Acctg. & Finance GOV /COMM Malt Stop T-9-H4 Washington, D.C.
20555 TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVolCE TO ADDRESS SHOWN IN BLOCK 18e UNLESS D SEE ADDENDUM SUCH ADDRESS IN OFFER BLOCK BELOW IS CHECKED 19.
20.
21.
22.
23.
24.
ITEM NO SCHEDULE OF SUPPLIES / SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Refer to Addenda.
(Attach Additionat Sheets as Wecessary)
- 25. ACCOUNTIK.*ND APPROPRIATION DATA
- 26. TOTAL AWARD AMOUNT (For Govt use Only) l N/A ADDE M
[
ARE
[ ARE NOT ATTACH 27a. g i g g oN g g BY REFERENCE FAR 52.212-1, 52.212-4. 52.212-3 K
52.212-4 52.212-5 ADDf 7A ARE ARE NOT ATTACHED. l 27b. g g g CHASE ORDER INCORPORATES BY REFERENCE FAR f
- 28. CONTRACTOR IS REQUIRED TO $1GN THIS DOCUMENT AND RETURN
- 29. AWARD OF CONTRACT: REFEk :M I
COPIES 10 ISSUING OFFICE. CONTRACTOR AGREES TO OFFER DATED YOUR OFFEk ON SOLICITATION '
l 0 ruRNisu AND DEtivER Att ITEMS SET r0RTH OR OTHERWiSE o (Bt0CK 5) iNCouDiNG ANr An:Tr.S OR CHANGts WH CH ARE SET IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO FORTH HERE!N IS ACCEPTED AS 9 'TEMS:
TMF Treatt iMb rm nfTfnNC CPrefFfFD MrsFfM_
30s. $1GNATURE OF OFFER 0R/ CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFF jf A) j 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICEP (t 4 UR PRINT) 31c. DATE $1GNED j Sharon D. Mearse 32a.QUAN'liTYINCOLUMN21RASBEEN
- 33. SHIP NUMBER
' 34. N*-RTA$
- 35. AMOUNT VERIFIED CORRECT FOR
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RECEIVED.
INSPECTED ACCEPTED AND CONFORMS TO THE CONTRACT, I PARIIAL I I IINAL j
ACCEPT A$ NOTED
- 36. PAYMENT
- 37. CHECK NurETR 32b. $1GNATURE OF AUTHORIZED GOVT.
32c DATE O COMPLETE O PARTIAL O FINAL REPRESENTATIVE
- 38. S/R ACCOUNT NUMBER l 39. S/R VOUCHER NUMBER40. PAID BY T IS CORRECT AND PROPER 42a. RECEIVED BY (Print) 413. I CERTI Tg 41b. SIGNATURE AND TITLE OF 41c. DATE 42b. RECEIVED AT (Location)
CERTIFYING OFFICER 42c. DATE REC'D(YY/MM/DD) l 42d. TOTAL CONTAINERS AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95) f Prescribed by GSA-FAR (48 CFR) 53.212 1
d i
3 TABLE OF CONTENTS PAGE a
ADDENDA CONTINUATION OF SF1449 BLOCKS 19, 20, 21, 22, 23, AND 24 A.1 PROJECT TITLE 2
A.2 ADDENDA SCHEDULE OF SUPPLIES OR SERVICES AND.
2 A.3 STATEMENT OF WORK 8
i CONTRACT CLAUSES 18 B.1 DURATION OF CONTRACT PERIOD (MAR 1987) 18 B. '>
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL 18
'7MS (MAY 1997)
F 3
C ' SIDERATION AND OBLIGATION--DELIVERY ORDERS 22 (t '9 1988) t.
5 OF RING (OCT 1995) 22 i
I 1 G 05.R LIMITATIONS 23 5'
6-21 REQUIREMENTS (OCT 1995) ALTERNATE I 23 It h 1984)
B 'T
' RING PROCEDURES (MAY 1991) 24 r<
'.CXADING AND MARKING (MAR 1987) 24 b.
.CE OF INSPECTION AND ACCEPTANCE (MAR 1987) 25
~3 OF AUTOMATED CLEARING HOUSE (ACH) 25 tLECTRONIC PAYMENT B
aRCAR 2052.215-70 KEY PERSONNEL (JAN 1993) 26 B,
L %IVERABLES AND SCHEDULE 27 B.:
'OVERNMENT FURNISHED PROPERTY 35 B.11 X 2052.215-72 PROJECT OFFICER AUTHORITY 35 LLTERNATE 1 (JAN 1993)
B.15 MATERIAL AVAILABLE FOR REVIEW 36 B.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO 36 IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 1996)
B.17 ATTACHMENTS (MAR 1987) 39 B.18 ATTACHMENTS (MAR 1987) 40
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SOLICITATION PROVISIONS 42 D.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS 42 (OCT 1995)'
D.2 PROPOSAL PRESENTATION AND FORMAT.
44 D.3 EVALUATION CRITERIA 48 D.4 52.216-1 TYPE OF CONTRACT (APR 1984) 49 D5 NRCAR 2052.215-74 TIMELY RECEIPT OF PROPOSALS (JAN 1993 49 D6 NRCAR 2052.215-75 AWARD F.-~nFICATION AND 49 COMMITMENT OF PUBLIC FUNDS (JAN 1993)
D.7 NRCAR 2052.222-70 NONDISCRIMINATION BECAUSE 50 OF AGE (JAN 1993)
D.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS 51 COMMERCIAL ITEMS (JAN 1997)
D.9 52.233-2 SERVICE OF PROTEST (AUG 1996) 59 1
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I.
p ADDEKDA f
CONTINUATION OF SF1449 BLOOKS 13, 20, 21, 22, 23, AND 24 f
A.1 PROJECT TITLE l
The title of this project is as follows:
i U.S. Nuclear Regulatory Commission Issuances and Indexes i
i A.2 ADDENDA SCHEDULE OF SUPPLIES OR SERVICES AND PRICES / COSTS l
[
Work will be ordered upon issuance and receipt of a delivery order for work required by the NRC in accordance with 52.216 Ordering.
Only Contracting Officers of the NRC or other individuals specifically authorized under this contract may authorize the initiation of work under this contract.
The i
provisions of this contract shall govern all crders issued l
hereunder which shall be at the fixed unit prices established
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under Paragraph A.2.1 through A.2.5 - Addenda Schedule of Supplies or Services and Prices / Costs.
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Page 2 of 59
A.2 (Continued)
A.2.1 CONTRACT YEAR ONE (December 7, 1997 - December 6, 1998)
Services Fixed l
Estimated Unit Quantities Unit Price Amount 1.
Preparation of camera-TRANSMITTED ELECTRONICALLY:
quality copy of 1,000 page issuances. (Note:
It
- camera-quality page is estimated that the Contractor will receive l
approximately 3,000 hard-l copy manuscript pages per DISKETTES:
i year which will 400 page create a total of
- camera-quality page l
approximately 1,500 l
camera-quality pages.)
KEYSTROKE MANUSCRIPT:
100 page
- camera-quality page i
2.
Preparation of consolidated 25 page l
table (s) of contents for
- camera-quality page six-month hardbound edition 3.
Preparation of indexes for 300 page the issuances
- camera-quality page l
4.
Preparation and delivery of 2
each l
a master copy of the computer
- tape j
tape of issuances and indexes I
5.
Author's alterations 160 t.ch (Note: The price is based
- change l
on a recomposed page.)
6.
Preparation and delivery of 2
each index terms to the NRC.
- list TOTAL CONTRACT AMOUNT FOR YEAR ONE:
t Page 3 of 59
l A.2 (Continued) i A.2.2 COPfrRACT YEAR TW (December 7,1998 - December 6,1999)
Services Fixed Estimated Unit Quantities Unit Price Amount 1.
Preparation of camera-TRANSMITTED ELECTRONICALLY:
quality copy of 1,000 page issuances. (Note:
It
- camera-quality page is estimated that the Contractor will receive approximately 3,000 hard-copy manuscript pages per DISKETTES:
year which will 400 page create a total of
- camera-quality page approximately 1,500 camera-quality pages.)
KEYSTROKE MANUSCRIPT:
100 page
- camera-quality page 2.
Preparation of consolidated 25 page table (s) of contents for
- camera-quality page six-month hardbound edition Preparation of indexes for 300 page the issuances
- camera-quality page
[
l 4.
Preparation and delivery of 2
each l
a master copy of the computer
- tape
[
j tape of issuances and indexes 5.
Author's alterations 160 each i
(Note: The price is based
- change
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on a recomposed page.)
i 6.
Prepration and delivery of 2
each 3
i indev terms to the NRC.
- list i
TOTAL CONTfACT AMOUNT FOR YEAR TWO:
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Page 4 of 59
A.2 (Continued) l A.2.3 CONTRACT YEAR THREE (December 7, 1999 - December 6, 2000)
(
Services Fixed i
Estimated Unit l
Quantities Unit Price Amount l
l 1.
Preparation of camera-TRANSMITTED ELECTRONICALLY:
quality copy of 1,000 page issuances. (Note:
It
- camera-quality page t
is estimated that the Contractor will receive approximately 3,000 hard-copy manuscript pages per DISKETTES:
year which will 400 page l
create a total of
- camera-quality page l
approximately 1,500 camera-quality pages.)
KEYSTROKE MANUSCRIPT:
100 page
- camera-quality page 2.
Preparation of consolidated 25 page 1
table (s) of contents for
- camera-quality page six-month hardbound edition l
L 3.
Preparation of indexes for 300 page the issuances
- camera-quality page 4.
Preparation and delivery of 2
each l
a master copy of the computer
- tape 1
tape of issuances and indexes i
5.
Author's alterations 160 each (Note: The price is based
- change l
on a recomposed page.)
6.
Preparation and delivery of 2
each index terms to the NRC.
- list TOTAL CONTRACT AMOUNT FOR YEAR THREE:
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Page 5 of 59
A.2 (Continued)
A.2.4 CONTRACT YEAR FOUR (December 7, 2000 - December 6, 2001)
Services Fixed Estimated Unit Quantities Unit Price Amount 1.
Preparation of camera-TRANSMITTED ELECTRONICALLY:
quality. copy of 1,000 page issuances. (Note:
It
- camera-quality page is estimated that the Contractor will receive approximately 3,000 hard-copy manuscript pages per DISKETTES:
year which will 400 page create a total of
- camera-quality page approximately 1,500 camera-quality pages.)
KEYSTROKE MANUSCRIPT:
100 page S
- camera-quality page 2.
Preparation of consolidated 25 page table (s) of contents for
- camura-quality page six-month hardbound edition 3.
Preparation of indexes for 300 page the issuances
- camera-quality page 4.
Prepara', on and delivery of 2
each a master copy of the computer
- tape tape of issuances and indexes 5.
Author's alterations 160 each 5
(Note: The price is based
- change on a recomposed page.)
6.
Preparation and delivery of 2
each index terms to the NRC.
- list TOTAL CONTRACT AMOUNT FOR YEAR FOUR:
Page 6 of 59
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A.2 (Continued)
A.2.5 CONTRACT YEAR FIVE (December 7, 2001 - December 6, 2002)
Services Fixed Estimated Unit Quantities Unit Price Amount 1.
Preparation of camera-TRANSMITTED ELECTRONICALLY:
quality copy of 1,000 page issuances. (Note:
It
- camera-quality page is estimated that the i
Contractor will receive approximately 3,000 hard-i copy manuscript pages per DISKETTES:
year which will 400 page i
create a total of
- camera-quality page approximately 1,500 camera-quality pages.)
KEYSTROKE MANUSt,RIPT:
100 page
- camera-quality page 2.
Preparation of consolidated 25 page table' i of c.,ntents for
- camera-quality page six-me,n hardbound edition 3.
Preparation - indexes for 300 page the issuanu
- camera-quality page i
4.
Preparation and delivery of 2
each a master copy of the computer
- tape tape of issuances and indexes 5.
Author's alterations 160 each (Note: The price is based
- change on a recomposed page.)
6.
Freparation and delivery of 2
each index terms to the NRC.
- list 7.
Preparation of a compilation 750 page of the Indexes to the NRC
- camera-quality page Issuances (Cumulative Index 5) for a five-year period (January 1996-December 2000).
TOTAL CONTRACT AMOUNT FOR YEAR FIVE:
1 Page 7 of 59
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A.3 STATEMENT OF WORK
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l A.3.1
Background
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l The Freedom of Information Act at 5 U.S.C.
552 (a) (2) requires the l
U.S. NRC to. comply with the following
"(2)
Each agency, in accordance with published rules, shall
[
make available for public inspection and copying--
(A) final opinions, including concurring and dissenting j
opinions, as well as orders, made in the adjudication of cases;
... Each agency shall also maintain and make available f
for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after l
July 4, 1967, and required by this paragraph to be made available or published.
Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or etherwise) copies of each index and supplements thereto... A final order, opinion, statement of policy, interpretation, or staff manual l
or instruction that affects a member of the public may
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be relied on, used, or cited as precedent by an agency against a party other than an agency only if--
i (i) it has been indexed and either made available or published as provided by this paragraph; or (ii) the party has actual and timely notice of the terms thereof,"
i The issuances to be printed and indexed are those final orders, opinions, statements of policy, interpretations, or staff manuals or instructions of the Commission, the Atomic Safety and.
l Licensing Boards, Administrative Law Judges, Directors' i
Decisions under Section 2.206, and Decisions on Petitions for i
Rulemaking.
Digests and indexes for these issuances are intended to serve I
as guides to the issuances.
Information elements common
, the cases heard and ruled upon are:
I 1.
Case name (owner (s) of facility) l
- 2. Full text reference (volume and pagination) l l
3.
Issuance number 4.
Issues raised by appellants i
- 5. Legal citations (cases, regulations, statutes and others) l
- 6. Name of facility, docket number 7.
Subject matter of issues and/or rulings
- 8. Type of hearing (for construction permit, operating license, etc).
j Page 8 of 59 f
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A.3 (Continued)
- 9. Type of issuance (memorandum, order, decision, etc.)
l In each index these information elements are displayed in a separate format.
The five indexes shall be arranged in the following order:
i 1,. Case Name Index
- 2. Digests and Headers
- 3. Legal Citations Index (cases, regulations, statutes, and others) 4.
Subject Index l
- 5. Facility Index A.3.2 Objectives The objectives o.? this contract are to provide timely and complete preparatica for camera-quality copy and an electronic version of the monthly issuances, including quarterly and semiannual indexes, and six-month hardbound editions.
The six-month hardbound editions are compiled from the monthly issuances of the Commission, the Atomic Safety and Licensing i
Boards, the Administrative Law Judges, Directors' Decisions, and Decisions on Petitions for Rulemaking.
This contract requires completion of five (5) years of monthly issuances, ten (10) quarterly and ten (10) cumulative semiannual indexes,.
preparation of the Tables of Contents for six-month hardbound i
editions, and a compilation of Indexes for 5 years of issuances.
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A.3.3 Scope of Work j
i The contractor shall prepare and deliver, in accordance with the scope of work and delivery schedule, high-quality edited and l
proofread page proofs, a. camera-quality copy and an electronic version of issuances and indexes which shall be subject to the Project Officer's approval.
The Contractor shall refer to l
Section B for Attachments 2 through 12) referenced herein.
Specifications for the work to be performed are as follows:
1.
The contractor shall accept manuscripts (hardcopy) and i
transmitted keystrokes of these manuscripts from personal computers (PCs) or diskettes which are created by word processing packages such as Wordperfect 5.1 or greater or its equivalent.
The contractor shall keystroke manuscripts when no electronic version is available.
Manuscripts shall be picked up by the contractor on a monthly basis.
PC transmission shall be asynchronous and use a communications package, such as CROSSTALK.
A data line and modem (asynchronous) shall be required.
PC diskettes shall contain documents in a Wordperfect 5.1 or greater i
format.
Page 9 of 59 f
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A.3 (Continued)
It is estimated that the contractor will receive approximately 3,000 hard-copy manuscript pages per year which will create a total of approximately 1,500 camera-quality pages.
2.
The contractor shall copy edit, proofread, and format 60 monthly issues of " Nuclear Regulatory Commission Issuances" beginning with July 1997 and ending with June 2002.
This task includes copy editing and proofreading transmitted text against the manuscript and inserting cite page numbers and cross-reference page numbers.
3.
The contractor shall also prepare Tables of Contents (some issues may contain more than one, i.e.,
some unusually large opinions may have a separate table of contents) for the aforementioned monthly issuances.
(Refer to Attachment 2.)
4.
The contractor shall make changes to pages of camera-quality copy of the monthly issuances after printing and to the master database, as requested by the Project Officer, to prepare copy for use again in the six-month hardbound compilation.
5.
The contractor shall compile and edit in a standard format, and proofread Tables of Contents, (Refer to ), for use in the six-month hardbound compilation of the monthly issuances.
More than one set may be necessary, depending on the size of the six monthly issuances printed during the period.
6.
The contractor shall prepare the quarterly and semiannual editions of the " Indexes to Nuclear Regulatory Commission Issuances," and shall edit, summarize, compile, and proofread these editions for the periods July-September 1997, July-December 1997, January-March 1998, January-June 1998, July-September 1998, July-December 1998, l
January-March 1999, January-June 1999, July-September 1999, July-December 1999, January-March 2000, January-June 2000, July-September 2000, July-December 2000, January-March 2001, January-June 2001, July-September 2001, July-December 2001, January-March 2002, January-June 2002, using the present format and subject headings, with additional headings as determined by the contractor (indexer) and the user.
i 7.
The contractor shall prepare computer tapes that shall be i
l proofread and checked for accuracy for a period covering six (6) monthly issuances and one (1) semiannual index.
The tape shall be provided to the NRC Project Officer after the contractor has completed all corrections d
Page 10 of 59 G
t A.3 (Continued) for the six-month hardbound edition.
The computer tape shall be a 4 mm DAT [ Digital Audio Tape] with 4/8 i
capacity using ASCII character code with fixed length records and fixed blocking of each issuance and each index without typesetting codes.
8.
The contractor shall prepare and deliver a compilation of the Indexes to the Nuclear Regulatory Commission Issuances, NUREG-0750, for a five-year period, January 1996-December 2000 in Year 5 of this contract.
A.3.4 Tasks to be Accomplished and Specifications for Camera-Quality Copy The contractor shall:
1.
Prepare camera-quality copy of issuances.
The issuances (manuscripts) are the legal record of the cases reported and t'arefore shall not be changed in any way except for obvious mypographical errors, misspelled words, or citation errors to the U.S.
Code and other legal citations.
Do not substitute alternative spellings.
Possible omissions in transmission, inconsistencies in style, format, and grammar; and any other questions regarding the text shall be addressed to the Project Officer or designee.
2.
Use the Uniform System of Citation, 15th Ed, Harvard Law Review Assn.
Press; hereafter referred to as Bluebook, as a reference legal style guide, and the GPO Style Manual for grammatical style not covered in the Bluebook.
(Refer to Paragraph B.16 - Material Available for Review.)
3.
Apply the following format and text conventions.
a.
Headings and Paragraphs The leading above a boldface heading shall be greater than the leading below such a header.
l Turnovers on headings shall be used so that headings are not set margin to margin.
First line of heading is to be longer than succeeding lines.
No paragraph or heading shall end with a number only on the last line.
For example, the following is not permissible:
........................................................ Unit 2.
b.
Headnotes Page 11 of 59
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A.3 (Continued) f i
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Headnotes shall be inserted before appearances or the first l
text heading, such as, " Initial Decision," " Memorandum and Order," etc.
Headnotes may be transmitted to the 1
contractor after transmittal of the opinion.
The contractor I
shall be responsible for matching the correct opinion and headnote according to the identifying issuance number.
c.
Citations
}
.i Full citations shall be listed in the main heading for each decision.
Citations appearing in the text shall be cited in full the first time and abbreviated thereafter.
Refer to appropriate section of the Bluebook.
d.
Hyphenation l
l Proper names shall not be hyphenated at the end of a line i
unless absolutely necessary; avoid where possible.
Hyphens at the end of a page should be avoided where possible.
e.
Footnotes s
Footnotes appearing at the bottom of the page shall be indented j
and shall contain M space leading between footnote number and
(
first letter of text.
Footnotes and quotations appearing I
within the text shall be indented left (when necessary), and right at all times and shall contain leading between paragraphs.
j The type shall be reduced to 8 point-(Refer to Attachment 4, j
for sample).
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f.
Symbols and Signals i
The section symbol shall be set with a space before and after the symbol.
Italicize signals and follow format set forth in the Bluebook.
J l-g.
Tables and Figures Tables and figures shall be set according to instructions (written or verbal) furnished by NRC.
The contractor shall
. provide scaling, coding, and interface information for l
reductions, when necessary.
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h.
Pagination i
Pagination shall be continuous for July through December issuances, starting with page 1, and for January through June j
issuances, starting with page 1.
i.
Dissenting Opinions i
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A.3 (Continued)
Type for dissenting opinions shall be the same size as type 1
used for decisions.
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4.
Manuscript Review Follow the manuscript copy verbatim as long as it is uniformly consistent, and complies with the Bluebook.
l Where an arterisk is used in the manuscript copy, do not
.i replace the aaterisk with a number.
Footnotes will continue to be numbered consecutively throughout each issuance.
I 5.
Format for Composition i
Format issuances with PC TEX Software package or equivalent l
(must be approved by the Project Officer or designee).
Encode format codes to justify margins, align indentations, paginate, i
enter headnotes where indicated, and enter page numbers in 1
citation headings and cross references in text.
Use codes to l
set Times Roman type style for headings and text, and Helvetica type style for front matter, cite line, and index.
j 6.
Table of Contents l
Prepare Tables of contents (some issues may contain more than one).
All applicant, licensee and petitioner names shall be in alphabetical order by type of issuance on contents page. (Refer to Attachment 2.)
The Table of Contents are part of the Scope of Work for this requirement and therefore, they are not considered author's l
alterations.
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A.3.5 Preparation of Consolidated Tables of Contents for NRCI Six-Month Hardbound Editions l
1 1.
Table of Contents The Contractor shall:
l Compile and prepare page proofs of tables of contents for ten (10) volumes (compiled of six monthly issues) for the NRCI hardbound editions.
i One six-month compilation may be issued in two books depending on the number of pages.
NRC will determine the page break.
Compilation shall be alphabetized by utility name with subsets appearing in date order.
The contractor shall follow the exact style (English (English Times) as contained in Volume 43 of the hardbound Page 13 of 59
A.3 (Continued) editions as provided by the NRC Project Officer.
The contractor shall not use italics nor alter the style in any way (Refer to Attachment 3, for sample).
After corrections to page proofs, camera-quality pages shall be delivered to the NRC Project Officer.
2.
Camera Copy Contents Make changes in master computer tape, as necessary, after monthly issuances have been printed, as' requested by the Project Officer, to prepare for use again in the six-month hardbound compilation.
A.3.6 Development and Preparation of Indexes and Preparation of Camera-Quality Copy The Contra : tor shall:
1.
Maintain the available list of subject terms used in indexing the issuances and add to them as new terms are developed in indexing new issuances.
NRC may request a copy of the current list of subject terms a maximum of two times during a year (ten times during a five-year contract).
2.
Indexes to be devele ad are:
a.
Case Name b.
Digests and Headers l
Issuances of Nuclear Regulatory Commission Issuances of Atomic Safety and Licensing Boards l
Issuances of Administrative Law Judges l
Directors' Decisions Decisions on Petitions for Rulemaking c.
Legal Citations Cases Regulations Statutes Others d.
Subject e.
Facility 3.
Case Name Index l
The case name index is an alphabetical arrangement of the facility owners or petitioners for the ir.dividual issuances.
I Each facility owner or petitioner listing is followed by an alphabetical breakdown by type (s) of hearing in order of issuance number.
These separate entries are further defined by type of issuance, docket number, issuance number, and full text reference.
(Refer to Attachment 5.)
Page 14 of 59
l 1
A.3 (Continued) 4.
Digests and Headers i
Digests shall be separated according to the issuance source and i
be presented in issuance-number order.
Each issuance is identified by a header containing the following information:
)
issuance number, case name, facility name, docket number, type of hearing, date of issuance, and type of issuance.
The header is compiled from the citation heading in the original opinion and precedes the digest.
Digests are compiled from headnotes written for the opinion.
A digest is a brief..arrative of the legal issue followed by its resolution, and any j
references used in resolving the issue.
If a given issuance I
covers more than one issue, separate digests are provided for each issue and are designated alphabetically.
(Refer to
'.)
)
5.
Legal Citations Index The legal citations index for cases, statutes and others is an alphabetical listing of citations found in the issuances.
The legal citations index for regulations is a numeric listing of citations that follows the Code of Federal Regulations format.
The references to cases, regulations, statutes and others are followed by phrases that show the application of the citation in
~
i the particular issuance.
These phrases are followed by the issuance number and the full text reference.
(Refer to l
Attachments 7 through 10.)
6.
Subject Index Subject words and/or phrases, arranged alphabetically, indicate the issues and subjects covered in the issuances.
The subject headings are followed by phrases that give specific information about the subject, as discussed in the issuance being indexed.
These phrases are followed by the issuance number and the full text reference.
Cross-references are provided between related subject headings.
Synonyms are provided with "see" references to the subject headings and are used in an inverted form to group like information.
For example: " Atomic Safety and Licensing Board, Jurisdiction" instead of " Jurisdiction of Atomic Safety and Licensing Board," " Time, Extension" instead of " Extension of Time" and " Effluents, Radioactive" and
" Effluents, Thermal" instead of " Radioactive Effluents" l
and " Thermal Effluents." (Refer to Attachment 11.)
l 7.
Facility Index Page 15 of 59 i
I
i i
A.3 (Continued)
?
The facility index consists of an alphabetical I
arrangement of facility names from the issuances.
The name is followed by docket number, type of hearing or petition, i
date, type of issuance, issuance number, and full-text reference.
(Refer to Attachment 12.)
j i
8.
Index Issues Camera-quality page proofs of the indexes (proofread and checked for accuracy) shall be supplied for the quarters July through Septe.nber and January through March, and for the semiannual periods July through December and January through June.
After the page j
proofs are approved by the Project Officer, the first page of each index.(a sink page) of the camera-quality copy shall be pasted up on a divider board I
with strips indicating the index name.-
(Refer to
. l Attachments 5 through 12.)
i A.3.7 Quality Control i
1.
Transmission Verification Compare transmitted keystrokes with hard-copy manuscript to insert symbols or any wordage lost in transmission, make any changes indicated on hard-copy manuscript, and insert format codes.
(Refer to Attachment 4 for format, type style, and type sizes.)
3 5
2.
Proofreading Proofread final copy for correctness of text and format.
l Where errors attributable to the contractor's performance i
appear in the page proofs, i.e.,
those which change or obscure the meaning of the opinion, or typographical errors in excess of 2%, the contractor shall correct the errors and furnish corrected copy without additional cost to the Commission for same, regardless of the delivery time the original schedule specified.
3.
Page Proofs Format, text, table, and proofreading errors found in page proofs shall be corrected by the contractor at no expense to the Government.
Copy editor / proofreader's changes with which NRC does not agree, shall upon first occurrence, be considered l
as author's alterations.
Upon recurrence, the required changes shall be made by the contractor at no expense to the Government.
The cost of changes not attributable to contractor j'
errors maybe billed to the NRC as author's alterations at the rate established under Section A of the contract.
i Page 16 of 59 l
l
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,a.-
A.3 (Continued) 4.
Author's Alterations Author's Alterations are any changes, additions, or deletions made by authors or by the NRC Project Officer or designee after receiving page proofs if those changes, additions, or deletions were not errors on the part of the contractor or were not part of the original manuscript.
Queries from the contractor that result in changes are not author's alterations.
5.
Master File Corrections Make and proofread all indicated corrections and changes before preparation of final database copy.
The copy used for indexing shall be the same as the camera-quality copy and the computer tapes shall be the same as the camera-quality copy.
A.3.8 Preparation and Delivery of Five-Year Compilation of the Indexes to the NRCIs (Year 5)
Preparation and delivery of a compilation of the Indexes to l
the Nuclear Regulatory Commission Issuances, NUREG-0750, for a j
five-year period, January 1996-December 2002.
This five-year index will be compiled by using master computer tapes furnished to the contractor by the Government.
The master computer tapes shall contain no typesetting codes.
The i
compilation shall be proofread for correctness and consistency i
of content and format.
NOTE:
The contractor shall refer to Section B, Paragraph B.13 for Deliverables and Schedule.
l Page 17 of 59 i
w - -
f CONTRACT CLAUSES l
l D.1 DURATION OF CONTRACT PERIOD (MAR 1987) i t
This contract shall commence on December 7, 1997 and will expire on December 6, 1999.
The term of this contract may be extended at l
the option of the Government for an additional three one-year i
periods.
1
(
D.2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 1997) j (a) Assianment. The Contractor or its assignee's rights to be l
paid amounts due as a result of performance of this contract, may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency in
[
accordance with the Assignment of Claims Act (31 U.S.C. 3727).
(b) Chances. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(c) Discutes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).
Failure f
of the parties to this contract to reach agreement on any l
l request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, I
l Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this l
contract, pending final resolution of any dispute arising j
under the contract.
(d) Definitions. The clause at FAR 52.202-1, Definitions, is i
incorporated herein by reference.
(e) Excusable delavs. The Contractor shall be liable for l
default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of l
common carriers.
The Contractor shall notify the Contracting l
l Officer in writing as soon as it is reasonably possible after l
the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence, i
(f) Invoice. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized,) to i
Page 18 of 59
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D.2 (Continued) the address designated in the contract to receive invoices.
An invoice must include--
(1) Name and address of the Contractor; (2) Invoice date; (3) Contract number, contract line item number and, if applicable, the order number; (4) Description, quantity, unit of measure, unit price and extended price of the items delivered; (5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading; (6) Terms of any prompt payment discount offered; (7) Name and address of official to whom payment is to be sent; and (8) Name, title, and phone number of person to be notified in event of defecti,e invoice.
Invoices will be handled in accordance with the Prompt Payment Act (31 U.S. C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.
Contractors are encouraged to assign an identification number to each invoice.
l l
(g) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any l
United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and l
proceedings.
(h) Payment. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
The Government will i
make payment in accordance with the Prompt Payment Act (31
)
l U.S.C. 3903) and Office of Management and Budget (OMB)
Circular A-125, Prompt Payment.
Unless otherwise provided by
)
an addendum to this contract, the Government shall make paymer*. in accordance with the clause at FAR 52.232.33, Mandau.uy Information for Electronic Funds Transfer Payment, which is incorporated herein by reference.
Page 19 of 59
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l D2 (Continued)
I In connection with any discount offered for early payment, time shall be computed frcm the date of the invoice.
For the purpose of computing the discount earned, payment shall be i
considered to have been made on the date which appears on the payment check or the specified payment date if electronic funds transfer payment is made.
(i) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, t
and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation I
l l
is f.o.b. origin; or (2) Delivery of the supplies to the Government at the j
destination specified in the contract, if transportation l
is f.o.b. destination.
(j) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(k) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.
In the event of such termination, the Contractor shall immediately stop all I
work hereunder and shall immediately cause any and all of its l
suppliers and subcontractors to cease work.
Subject to the terms of this contract, the Contractor shall be paid a p'Tcentage of the contract price reflecting the percentage of work performed prior to the notice of termination, plus t
reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have res lted from the termination. The Contractor shall not be tuired to comply with the cost accounting standards or contract cost principles for this l
purpose.
This paragraph does not give the Government any right to audit the Contractor's records.
The Contractor shall not be paid for any work performed or coats incurred which reasonably could have been avoided.
(1) Termination for ause.
The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the contractor fails to j
comply with any contract terms and cond!' ans, or fails to provide the Government, upon request, witn adequate assurances of future performance.
In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the i
Contractor shall be liable to the Government for any and all Page 20 of 59 i
D.2 (Continued) rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(m) Title.
Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(n) Warrantv.
The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(c) Limitation of liability.
Except as otherwise provided by an express or implied warranty, the Contractor will not be i
liable to the Government for consequential damages resulting l
from any defect or deficiencies in accepted item 3.
(p) Other comoliances.
The Contractor shall comply with all applicable Federal, State and local laws, execu'ive orders, i
rules and regulations applicable to its performance under this contract.
(q) Comoliangg_wlth laws uniang o Government' contracts. The Contractor tagrees to comply eith 31 U.S.C.
1352 relating to limitations on the use of Lppropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C.
51-58, Anti-Kickback Act of 1986; 41 U.S.C. 251 related to whistle blower protections; and 49 U.S.C 40118, Fly American.
(r) Order of orecedence.
Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of l
supplies / services; (2) the Assignments, Disputes, Payments, i
Invoice, other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.
l
[End of Clause]
i 52.232-18 AVAILABILITY OF FUNDS APR 1984 52.247-34 F.O.B. DESTINATION NOV 1991 l
i Page 21 of 59
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D.3 CONSIDERATION AND OBLIGATION--DELIVERY ORDERS l
(JUN 1988)
(a) The total estimated amount of chis contract (ceiling) for the l
products / services ordered, delivered, an/ accepted under this The Contracting O';lcer may unilaterally i
contract is increase this amount as necessary for orders to be placed with the contractor during the contract period provided such orders l
are within any maximum ordering limitation prescribed under this contract.
(b) The amount presently obligated with respect to this contract The contracting Officer may issue orders for work is up to the amount presently obligated.
This obligated amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract.
i The obligated amount shall, at no time, exceed the contract' ceiling as specified in paragraph a above.
When and if the i
amount (s) paid and payable to the Centractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Offic er 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]
- To be incorporated into any resultant contract L
D.4 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.
Such orders may be issued from December 7, 1997 through December 6, 2002, however, additional orders may be placed should the Government exercise the three one-year option periods.
l l
(b) All delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered
" issued" when the Govelmment deposits the order in the mail.
Orders may be_ issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
[End cf Clause]
l l-i Page 22 of 59 4
L
D.5 ORDER LIMITATIONS (a) Minimum order.
services covered by this contractWhen the Government requires supplies or in an amount of less than the Government Contractor obli.
- not obligated to purchase, nor is the ted to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligater; to honor--
(1) Any order for a single item in excess of (2) Any order for a ecmbination of items in excess of ; or (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is 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 req,uirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
IEnd of Clause]
D.6 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)
(a) This 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, the Government's requirements do not result in orders in the if quantities described as "~t.timated" or " maximum" in the
- Schedule, equitable price adjustment.that fact shall not constitute the basis for an (b) orders issued in accordance with the Ordering clause.Delitery to any limitations in the Order Limitations clause or Subject elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause.
delivery to multiple destinctions or performance at multipleThe Go locations.
(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are Page 23 of 59
l l
D.6 (Continued) estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities.
Except as this contract otherwise provides, the Government l
shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may l
itself furnish within its own capabilities.
l l
(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 for the accelerated delirery, the Government
.y acquire the urgently required goods or services from another Jource.
(f) Any order issued during the effective period of this contract and not e npleted within that period shall be completed by the Contractc_ within the time specified in the order.
The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective l
period; provided, that the Contractor shall not be required to L
make any deliveries under this contract after December 6, 2002.
[End of Clause]
l D.7 ORDERING PROCEDURES (MAY 1992)
(a) In addition to the contracting officer, contract administrator, and project officer, the following individuals are authorized to issue delivery ordera under this contract:
(b) All delivery orders shall be prepared in accordance with FAR l
16.506 and may be issued in writing, orally, or by written telecommunications.
l
[End of Clause]
j D.8 PACKAGING AND MARKING (MAR 1987)
The contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.
Containers and closures shall Page 24 of 59 t
{
1 D.8 (Continued) l 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 j
contract number under which the product is being provided.
i
[End of Clause]
D.9 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) j i
(a)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officer at the i
destination.
(b)
Inspections, acceptance, and rejection decisions shall be made at destination by the Project Officer or the authorized j
representative.
(c)
Upon receipt of all deliverable items specified, the ?roject i
Officer or the authorized represer tative shall inspect each item for compliance with the specifications contained herein.
i r
(d)
Acceptance or rejection cf deliverable items shall be made by telephone contact or in writing by the Project Officer within 10 working days after receipt of said deliverable items from the contractor.
In the event of rejection of any portion of the work, completion of corrected items shall be received within 5 working days after receipt of notice of rejection.
Final acceptance snall be made in writing only after the work has been corrected to the t
extent that it conforms to the specifications contained herein and i
has been approved by the Project Officer. The contractor shall be notified of final acceptants within 5 working days after receipt of the corrected items.
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[End of Clause]
I D.10 USE OF AUTOMATED CLEARING BOUSE (ACH)
ELECTRONIC PAYMENT It is the policy of the U.S. Nuclear Regulatory Commission to pay Government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system in lieu of a U.S.
Treasury check.
The electronic system is known as Vendor Express.
Payment shall be made in accordance with FAR 52.232-33, entitled l
" Mandatory Information for Electronic Funds Transfer Payment."
l t
To receive payment by Vendor Express, the contractor shall l
complete the " Company Information" portion of Form SF 3881, l
entitled " Payment Information Form - ACH Vendor Payment System" t
Page 25 of 59 i
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- _.. -.. ~ _ - - _ _... -._ _ _ _
.-_m. _._.
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D.10 (Continued)
)
located at B.20.
The contractor shall t-Va the form to the ACH i
Coordinator at the financial institutio)
. tat maintains its company's bank account.
The contractor anall discuss with the ACH I
Coordinator how the payment identification information (addendum.
l record) will be passed to them once the payment is received by the financial institution.
The contractor must ensure that the addendum record will not be stripped from the payment.
The ACH Coordinator will fill out the " Financial Institution Information" portion of the form and return it to the Office of the Controller at the following address:
Nuclear Regulu.ary Commission, ATTN:
ACH/ Vendor Express, Division of Accounting and Finance, Mailstop i
T-9-E-2, Washington, DC 20555.
Once the Office of the Controller l
has processed the contractor's sign-up form, the contractor will l
begin to receive payments electronically via Vendor Express /ACH.
l If the offerors / bidders have questions concerning ACH/ Vendor i
Express, they may call the Commercial Payments staff on (301) l 415-7520.
j t
[End of Clause]
5 D.11 NLv4R 2052.215-70 KEY PERSONNEL (JAN 1993)
(a) The following individuals are considered to be essential to the successful performance of the work hereunder:
i l
\\
i The contractor agrees that personnel may not be removed from i
the contract work or replaced without compliance with paragraphs (b) and (c) of this section.
l (b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under l
this contract for a continuous period exceeding 30 work days, or is expecte3 to devote substantially less effort to the work than indicaten in the proposal or initially anticipated, the l
contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting i
officer, promptly replace the personnel with personnel of at l
least substantially equal ability and qualifications.
i (c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances l
necessitating the proposed substitutions.
The request must also contain a complete resume for the proposed substitute and i
Page 26 of 53 4
- ~
(
D.11-
. Continued) r other information requested or needed by the contracting officer to evalua.
the proposed substitution.
The contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her 'orroval or disapproval in writing.
(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or t. ave otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so i
substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate.
If the contracting officer finds the contractor at fault for the condition, the contract
(
price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
[End of Clause]
{
- To be incorporated into any resultant contract D.12 DELIVERABLES AND SCHEDULE I
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Page 27 of 59 i
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B.12 (Continued) t i
YEAR ONE THROUGH FIVE (DECEMBER 6.1997 THROUGH DECEMBER 7. 2002)
Jgga Description Schedule for Delivery For Year One thru Five j
i 1.
Keystrokes, a.
Keystrokes, diskettes, and manuscripts to be transmitted diskettes, and as completed during each month. All issuances resulting j-manuscripts to from keystrokes to be included in the monthly j
1 be transmitted publication will be transmitted to the contractor as they j
by NRC to the are generated by NRC.
t contractor.
b.
Processing of any issuances keystroked or otherwise furnished to the contractor beyond close of business of I
the tenth (10th) working day of a month may be defened j
by the contractor for processing with the following i
i month's issuances. Moreover, should the contractor have
{
l received, by close of business of the tenth (10th) l l
working day of a month, one or more partial issuances, processing of such issuances may also be defened by the contractor for processing with the following month's issuances, with concunence of the Project Officer.
t i
f c.
Contractor shall note that issuances do not include headnotes. 'Ihe applicable headnotes will be transmitted separately with instructions for coordinating with the l
appropriate issuance.
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Page 28 of 59
B.12 (ConticLal) l
- 2. Part I. Issuances-Accelerated Schedule (Year One Only)
Accelerated schedule of keystrokes and manuscripts for July-December 1997. One (1) set of page proofs and a copy of editor / proofreader's marked-up manuscript for NRC files for the first six months of i
issuances and one quarterly index, shall be completed in no more than 120 days of contract award.
l Delivery of the July-December 1997 semiannual index shall be made 15 days thereafter.
(Page Proofs)
Estimated Monthly Reauired No. of lssuances Delivery Date*
Workina Days July 1997 10 August 1997 7
September 1997 (6) 7 October 1997 7
November 1997 7
j December 1997 7
July-Sept.1997 (1) 15 Quarterly Index July-Dec.1997 (1) 15 Semiannual Index Above schedule firm Number of Number of Workina Days Manuscript Panes 4
1 - 150 7
151 - 250 10 251 - 350 13 351 - 500 over 500 (add I working day for every 40 pages in excess of 500)
'To be established after contract award.
l Page 29 of 59 l
B.12 (Continued) 2 Part II. Issuances-Regular Schedule (Year One Through Five) i One (1) set of page proofs and a copy of editor / proofreader's marked-up manuscript for NRC files, shall i
be delivered within 5 working days for up to and including 150 manuscript pages,8 working days for up to 250 manuscript pages,11 working days for up to 350 manuscript pages, and within 15 working days of receipt of the latest issuance for the applicable month, if manuscript pages do not exceed 500.
(Page Proofs)
Estimated Monthly Required No.of Issuances Deliverv Date*
Workine Days January 1998 (Based on number j
(Beginning of regular of pages) schedule in Year 1)
(54)
June 2002 I
(Last monthly in Year 5) 1 January-March July-September (9) 15 Quarterly Indexes January-June July-December (9) 15 Semiannual Index Regular Schedule Number of Number of Workine Days Manuscript Ptges 5
1 - 150 8
151 - 250 11 251 - 350 15 351 - 500 l
'To be established after contract award by delivery order.
1 Page 29a of 59 4
B.12 (Continued)
The above-specified required delivery dates apply when issuance pages both complete and partial, regardless of method of transmission to the contractor, do not exceed 500 transmitted pages. On occasions when such pages exceed 500 in number, required delivery dates may be adjusted by adding one (1) working day for each 40 pages in excess of 500, up to and including 900 pages. If pages exceed 900 in number, adjustment to the delivery schedule will be mutually agreed to by the contractor and NRC. In the event that issuance pages exceed 500 in number, the contractor shall verbally notify the NRC Project Officer to discuss the total number of pages and the expected date of delivery. Such notification shall be furnished no later than the above specified delivery date for that issuance, if 500 pages or fewer.
- 2. Part 111. Five-Year Compilation ofIndexes ne contractor shall prepare and deliver a five-year compilation ofIndexes for Nuclear Regulatory Commission Issuances. The govemment-fumished material (master computer tapes) will be fumished at the outset of Year 5 of the contract.
(Page Proofs)
Estimated Required No. of Delivery Date*
Workinc Days Compilation for August 2002 9 months January 1996-(after start of Year 5 December 2000 of the contract)
- 2. Part IV. Delivery and Pickup of Page Proofs Contractor shall dehver page proofs to the following location:
U.S. Nucler Regulatory Commission Publications Branch, OCIO ATTN:
- Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 he page proofs shall be proofread by the NRC Project Officer, pages for correctior. shall be returned to the contrr2 tor, and the camera-quality copy and an electronic version shall be delivered to the Project Officer after corrections. A detailed schedule is outlined below.
Page 30 # 59
B.12 (Continued)
Schedule for Issuances:
3.
Page proofs of monthly issuances, and Contractor to NRC:
copy of editor / proofreader's marked-up To be delivered to NRC as indicated in manuscript.
previous schedule of delivery.
4.
Conections:
NRC to Conmtor:
a.
Page proofs of monthly issuances Any corrections to page proofs shall be marked for corrections and/or transmitted to the contractor from NRC via author's alterations.
telephone and hard copy for backup.
b.
Corrected camera-quality copy and Centractor to NRC:
an electronic version of monthly To be delivered to NRC within twee (3) issuances with ali page proof working days of receipt of necessary corrections corrections and author's alterations from the NRC.
made (when necessary).
Schedule for Indexes:
5.
Final, proofread page proofs Contractor to NRC:
of quarterly indexes.
To be delivered to NRC within 15 working days t
of delivery of final camera-quality copy of the issuances for the last month of the applicable calendar quarter.
l 6.
Corrections:
NRC to Contractor:
a.
- Page proofs of quarterly index Any corrections to page proofs shall be l
marked for corrections.
transmitted to the contractor from NRC via telephone and hard copy for backup.
b.
Corrected camera-quality copy Contractor to NRC:
and an electronic version of To be delivered to NRC within three (3) quarterly indexes with all page working days of receipt of necessary corrections proof corrections made (when from the NRC.
necessary).
7.
Final, proofread page proofs Contractor to NRC:
of semiannual indexes.
To be delivered to NRC witida 15 working days of delivery of final camera-quality copy of the issuances for the last month of the applicable t
semiannual period.
i Page 31 of 59
B.12 (Continued) 8.
Corrections:
NRC to Contractor:
a.
Page proofs of semiannual indexes Any conections to page proofs shall be l
marked for corrections.
transmitted to the contractor from NRC via l
telephone and hard copy for backup.
l l
b.
Corrected camera-quality copy and Contractor to NRC:
an electronic version of semiannual To be delivered to NRC within three (3) indexes with all page proof working days of receipt of necessary corrections l
corrections made (when necessary).
from the NRC.
l 9.
Six-Month Hardbound:
NRC to Contractor:
I Corrections to camera-quality-pages for Pages as required.
semiannual compilaoon. Contractor shall l
make changes to came 4-quality pages and Contractor to NRC:
master file. (Contractor shall provide cor-As agreed upon at time of request.
rected camera-quality pages.)
- 10. Table (s) of Contents:
NRC to Contractor:
l I
One (1) copy of page proofs for table (s)
As required.
i of contents for six-month hardbound l
compilation ofissuances.
Contractor to NRC:
l-As agreed upon at time of request.
I 1.
Corrections:
Time of return will not be firmly scheduled.
a.
Page proofs of table (s) of contents Any corrections to page proofs shall be for six-month hardbound transmitted to the contractor from NRC via i
compilation of issuances marked for telephone and hard copy for backup.
I corrections and changes to be retumed by NRC to the contractor.
b.
One (1) final camera-quality copy Within four (4) workine Jays of receipt of i
and an electronic version of table (s) necessary corrections and changes from the l
of centents for six-month hardbound NRC.
l compilation of issuances, with all l
corrections and cb snges made, to be furnished by the contractor to NRC.
l
- 12. List ofIndex Terms Within three (3) working eays of request by NRC.
- 13. Computer Tapes. See A.3.3.
1 Page 32 of 59
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Page 33 of 59 j
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Page 33 of 59 6
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THIS SOLICITATION DOES f0T M EAIN A SECTION C.
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_.__..__._..__m-t D.12 (Continued)
I (PAGE INTENTIONALLY LEFT BLANK) l D.13 GOVERNMENT FURNISHED PROPERTY I
{a.
The NRC will provide the contractor with the following items for use under this contract:
j l
1.
double-space typewritten manuscript copy of the issuances h
2.
keystrokes by telecommunications from a Personal
[
Computer (PC) or diskettes in Wordperfect 5.1 or greater format.
l l
3.
current list of index (subject) terms 4.
two copies of each monthly printed issuance and each index, one copy of each issuance for the three months preceding i
the granting of the contract, and one copy of the latest issued index 5.
master computer tapes containing the indexes covering January 1996 thru December 2000, assuming all option years sre exercised by the Government (b) The above listed equipment / property is hereby transferred from contract / agreement N/A.
(c) Only the equipment / property listed above in the quantities shown will be provided by the Government.
This property is subject to the provisions of the Government Property clause under this contract.
All other equipment / property required in performance of the contract shall be furnished by the Contractor.
[End of Clause]
D.14 NRCAR 2052.215-72 PROJECT OFFICER AUTHORITY ALTERNATE 1 (JAN 1993)
(a) The. contracting officer's authorized representative, hereinafter referred to as the project officer for this l
contract is:
i Name:
Page 35 of 59 1
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l D.14 (Continued) l Address:
)
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Telephone Number:
f
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(b) The project officer shall:
l i
(1) Monitor contractor performance and recommend to the I
(
contracting officer changes in requirements.
l I
(2) Inspect and accept products / services provided under the I
contract.
l (3) Review all contractor invoit s/ vouchers requesting payment for products / services provided under the contract i
and make recommendations-for approval, disapprovai, or cuspension.
j i
l (c) The pro 3ect officer may-not make changes to the express terms
[
and conditions of this contract.
I
[End of Clause]
l
\\
l
- To be incorporated into any resultant contract i
D.15 MATERIAL AVAILABLE FOR REVIEW f
i l
The following. materials are available for review at the NRC Public i
Document Room located at the Gelman Building, 2120 L Street, N.W.,
Washington, DC:
{
1.
Copies of previously published F.oftbound editions of issuances and indexes.
i l
l 2.
The Uniform System of Citation, 15th Ed., Harvard Law Review i
Association Press, referred to as the "Blueook."
3.
Copies of previously published hardbound editions of the l
issuances.
~D.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 1996)
(a) The Contractor agrees to comply with the following FAR clauses' which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable Page 36 of 59
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i D.16 (continued)~
i to acquisitions of commercial items:
(1) 52.222-3, Convict Labor (E.O. 11755); and l
(2) 52.233-3, Protest After Award (31 U.S.C 3553).
i I
(b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of 1;w or executive orders applicable to acquisitions of commercial items or components:
]
XX (1). 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S. C.
253g and 10 i
U S.C. 2402).
)
XX s;) 52.203-10, Price or Fee Adjustment for Illegal or.
I Improper Activity (41 U.S.C. 423).
XX (3) 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (15 U.S.C.
637 (d) (2) and (3) ) ;
(4) 52.229-9, Small, Small Disadvantaged and Women-Owned Small. Business Subcontracting Plan '(15 U.S.C.
637 j
(d) (4) ) ;
j (5) 52.219-14, Limitation on Subcontracting (15 U.S.C.
637 (a) (14) ).
XX (6) 52.222-26, Equal Opportunity (E.O. 11246).
XX (7) 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans.(38 U.S.C. 4212).
XX (B) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793).
XX (9) 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C.
4212).
)
__ (10) 52.225-3, Buy American Act-Supplies (41 U. S. C.
10).
(11) 52.225-9, Buy American Act-Trade Agreements Act-Balance of Payments Program (41 U.S. C.
10, 19 U.S.C.
2501-2582).
(12) Reserved.
(13) 52.225-18, European Union Sanction for End Products Page 37 of 59
D.16-(Continued) i (E.O. 12849).
?
I (14) 52.225-19, European Union Sanction for Services (E.O.
12849).
__ (15) (i) 52.225-21, Buy American Act-North Americ Free
{
Trade Agreement Implementation Act-Balance of Payments l
Program (41 U.S.C 10, Pub.
L. 103-187).
i (ii) Alternate I of 52.225-21.
(16) 52.239-1, Privacy or Security Safeguards (5 U.S.C.
1 552a).
__ (17) 52.247-64, Preference for Pri ately Owned U.S.-
Flag Commercial Vessels (4 6 U.S.C.
1241:.
(c) The Contractor agrees to comply with FAR clauses in this a
paragraph (c), applicable to commercial services, which the l
Contracting Officer has indicated as being incorporated in j
this contract by reference to implement provisions of law or executive orders applicable'to acquisitions-of commercial i
items or components:
__ (1) 52.222-41, Service Contract Act of 1965, As amended (41 U. S. C.
351, et seq.).
I
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
i (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option
~
l Contracts) (29 U.S.C.
206'and 41 U.S.C.
351, et seq.).
(4) 52.222-44, Fair -Labor Standards Act and Service Contract Act-Price Adjustment (29 U.S.C. 206 and 41 U.S.C.
351, et' seq.).
(5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Cor4 tract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 L
U.S.C.
351, et seq.).
(d) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and j
Records--Negotiation.
(1) The Comptroller General of the United States, or an Page 38 of 59 e-w
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i l
D.16 (Continued) authorized representative of the Comptrol3 r General, shall have access to and right to examine any of the j
Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all restunable times the records, materials, and other i
evioence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor i
Records Retention, of the other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made-i available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the i
settlement of claims arising under or relating to this i
l contract shall be made available until such appeals, i
litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.
This does not l
require the Contractor to create or maintain any record
[
that the Contractor does not maintain in the ordinary course cf business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs l
(a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed
)
below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components--
(1) 52.222-26, Equal Opportunity (E.O. 11246);
(2) 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (38 U.S.C. 2012 (a) ) ; and (3) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793).
(4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (4 6 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996).
(End of Clause) l D.17 ATTACIDENTS (MAR 1987)
Attachment Number Title Page 39 of 59 i
l I
D.17 (Continued) 01 Sample - NRC Work OrJ'T 01A Billing Instructions "ixed Price 02 Sample - Contents (Monthly Issuances) 03 Sample - Contents (Hardbound Edition) 04 Sample - Issuance and Footnote 05 Sample - Case Name Index 06 Sample - Digests 07 Sample - Legal Citations Index (Cases)
OG Sample - Legal Citations Index (Regulations) 09 Sample - Legal Citations Index (Statutes) 10 Sample - Legal Citations Index (Others) 11 Sample - Subject Index 12 Sample - Facility Index 13 Standard Form 3881 - Payment Information Form - ACH Vendor Payment System j
i l
Page 40 of 59
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B.18 Rights in Data--Special Works.
i RIGHTS IN DATA--SPECIAL WORKS (JUN 1987)
(a) Definitions.
' Data,' as used in this clause, means recorded information regardless of form or the medium on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administrath, such as financial, administrative, cost or pricing or manageme1t information.
3
' Unlimited rights,' as used in this clause, means the right of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever, and to have or permit others to do so.
(b) Allocation of Rights. (1) The Government shall nave--
(i) Unlimited rights in all data delivered under this contract, and in all data produced in the performance of this contract, except as provided in paragraph (c) of this clause for copyright.
1 (ii) The right to limit exenise of claim to copyright in data l
produced in the performance of this contract, and to obtain assignment of copyright in such data, in accordance with subparagraph (c)(1) of this clause.
(c) Copyright. (1) Data produced in the performance of this contract.
(i) The Contractor agrees not to assert, establish, or authorize others to assert or establish, any claim to copyright subsisting in i
l any data produced in the performance of this contract.
l (2) The contractor recognizes that the materials that it will produce under the resultant contract are in the public domain and that the contractor will obtain no intellectual property rights in any of the l
materials it produces under the resultant contract, including indexes, l
headings, and other ancillary meterials.
(d) Release and use restrictions. Except as otherwise i
specifically provided for in this contract, the contractor shall not use for purposes other than the performance of this e.ontract, nor shall the Contractor release, reproduce, distribute, or publish any l
data produced in the performance of this contract, nor authorize others to do so.
l (e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against l
any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense thereof, and obtains the Contractor's consent to the settlement of any suit or claim other than as required by final decree of a court of competent. jurisdiction; nor do these provisions apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.
i Page 41 of 59 I
-.. - - - - = -. -. -..
- - -... -. ~.
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t SOLICITATION PROVISIONS i
5 l
D.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMKERCIAL ITEMS j
(OCT 1995) j i
(a) Standard industrial classification (SIC) code and small business size standard. The SIC code and small business size l
2 standard for this acquisition appear in Block 10 of the I
solicitation cover sheet (SF 144 9).
However, the small l
l business size standard for a concern which submits an offer in
(
its own name, but which proposes to furnish an item which it did not itself manufacture, ie 500 employees.
4 (b) Submission of offers. Submit signed and dated offers to the office specified in Item 9 of this solicitation at or before the exact time specified in this solicitation.
All l
hand-carried offers including those delivered by private delivery serices (e.g., Federal Express and Airborne Express) must be delivered to the loading dock security station located f
at 11555 Rockville Pike, Rockville, Maryland, 20852 and l
received in the depository located in Room T7-12.
All j
offerors should allow extra time for internal mail i
)
distribution.
NRC is a secure facility with perimeter i
access-control and NRC personnel are only available to receive hand-carried offers druing normal working hours, 7:30 am -
t
]
3:30 pm, Monday through Friday, excluding Federal holidays, j
d 4
Offers may be submitted on the SF 1449, letterhead stationery, f
or as otherwise specified in the solicitation.
As a minimum, j
offers must show--
1 (1)
The solicitation number; 5
i (2)
The time specified in the solicitation for receipt of
- offers, j
(3)
The name, address, and telephone number of the offeror; l
l i
(4)
A technical description of the items being offered in i
3 sufficient detail to evaluate compliance with the requirements in the solicitation. This may include j
product literature, or other documents, if necessary; (5)
Terms of any express warranty; 3
(6)
Price and any discount terms; 4
i j
(7)
" Remit to" address, if different than mailing address; i
i (8)
A completed copy of the representations and i
certifications at FAR 52.212-3; i
t i
Page 42 of 59 l
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D.1 (Continued)
(9)
Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other i
references (including contract numbers, points of contact with telephone numbers and other relevant i
information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the 1
solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samoles. When required by the solicitation, product samples shall be submitted at or prior to the time l
specified for receipt of offers.
Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's
{
request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late offers. Offers or modifications of offers received at the address specified for the receipt of offers after the exact time specified for receipt of offers will not be considered.
(g) Contract award (not aonlicable to Invitation for Bids).
The Government intends to evaluate offers and award a contract without discussions with offerors.
Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive Page 43 of 59 i
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- (continued).
D.1 i
i informalities and minor irregularities in offers received.
I (h) Multiole awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations.
Unless otherwise provided in the Schedule, offers may not be submitted for quantities less i
than those specified.
The Government reserves the right to j
make an award on any item for a quantity less than the quantity-offered, at the unit prices offered, unless the l
L offeror specifies otherwise in the offer.
i (i) Availability of recuirements documents cited in the solicitation.
(1) The Index of Federal Specifications, Standards and i
Commercial Item Descriptions and the documents listed in i
it may be obtained from the General Services Administration,. Federal Supply Service Bureau, Specifications Section, Suite 8100, 470 L' Enfant Plaza, SW.,
Washington, DC 20407 ((202) 755-0325/0326).
l l
l (2) The DOD Index of Specifications and Standards (DODISS) i and documents listed in it may be obtained from the l
' Standardization Documents Desk, Building 4D, 700 Robbins Avenue, Philadelphia, PA 19111-SO94 (telephone (215)-
l 697-2569).
i (i)
Automatic distribution may be obtained on a i
subscription basis.
1 1
(ii) Individual documents may be ordered from the i
Telespecs ordering system by touch-tone telephone.
l l
A customer number is required to use this service j
l and can be obtained from the Standardization Documents Order Desk or the Special Assistance Desk (telephone (610)607-2667/2179).
(3) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,-
publication or maintenance.
[End of Provision]
D.2 PROPOSAL PRESENTATION AND FORMAT A.
GENERAL l
l Proposals must be typed, legible and printed or reproduced on letter-size paper.
PROPOSALS SHALL NOT EXCEED 80 ONE-SIDED PAGES.
ALL PAGES IN EXCESS OF THIS LIMIT WILL NOT BE CONSIDERED OR EVALUATED.
4 Page 44 of 59
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)
D.2 (Continued) 1 All charts, graphs, resumes, and other information will be i
counted in the page limitation.
Foldouts and sales brochures are prohibited.
All technical questions concerning this RFP must be submitted in I
writing and must be received within 10 calendar days after the issue date of this solicitation.
Questions must be received at the address identified for receipt of proposals.
The Contracting 1
l Officer will not respond in writing to questions received after j
the deadline for receipt of questions.
j 4
l Proposals in response to this solicitation must be submitted l
in the following three separate and distinct parts:
(1)
Two original signed copies of this entire solicitation package.
All applicable sections must be completed by the Offeror.
(2)
One original and four copies of the " Cost Proposal" I
shall be submitted.
(3)
One original and four copies of the " Technical and Management Proposal" shall be submitted.
B.
CORRECTNESS OF THE PROPOSAL Caution--Offerors are notified that all information provided in their proposals, including all resumes, must be accurate, truthful, and complete to the best of the Offeror's knowledge and belief.
The Commission will rely upon all such representations made by the Offeror both in the evaluation process and for the performance of the work by the offeror selected for 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 copies of transcripts,~ diplomas, licenses, etc.
C.
PRICE PROPOSAL The Offeror shall submit proposed prices in Section A of this solicitation.
Although not required for the proposal, the offeror should be prepared to submit--upon the Contracting 1
officer's request--information such as proposed labor hours and labor rates, cost of equipment, if any, and/or materials, etc.
D.
TECHNICAL AND MANAGEMENT PROPOSAL The Technical and Management Proposal shall not contain any reference to prices.
The offeror shall submit with its Technical Proposal full and complete information, in the order
[
Page 45 of 59
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j D.2 (Continued) l set forth below, to permit the NRC to perform a thorough evaluation and make a sound determination of whether the offeror will have a reasonable likelihood of meeting the requirements and objectives'of this procurement.
~
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j Statements which paraphrase the Statement of Work without communicating the Offeror's approach for meeting the NRC's i
' requirements, or-statements to the effect that the Offeror's
)
j understanding can or will comply with the Statement of Work may be construed as an indication of the Offeror's lack of l
j understanding of the Statement of Work and objectives.
I 4
i IMPORTANT:
The technical proposal shall be fully self-contained, and shall specifically address the technical i
evaluation criteria set forth in Paragraph D.3, with due
)
1 consideration of the Statement of Work.
The proposal shall be divided into-the following three major sections and must set
{
forth as a minimum the following:
1 I.
PERSONNEL' QUALIFICATIONS 1
Identify the " Personnel," and submit a resume for the proposed personnel to be utilized in the performance l
of any resulting contract in the following major.
J categories:
(1) editor / indexer (legal editing and I
indexing), (2) proofreader (legal and technical' work),
(3) project manager (direction of exacting work of this type and knowledge of legal and technical publications),
i (4) typesetter (knowledge of typesetting software).
All j
resumes of the proposed personnel should contain qualifications and experience as it relates to publishing 4
i and indexing of legal work using the " Bluebook" style and i
technical work.
)
Identify any subcontractors and their availability for performance of work under any resultant contract.
?
At a minimum, each resume should contain the following
/
information:
1.
Position (position description; proposed duties and responsibilities) 2.
Name j
3.
Education (degrees / year / specialization / granting institutica) 4.
Years of employment with firm j
5.
Experience history (experience directly related to i
performanc of this Statement of Work) j 6.
Training / Education and accomplishments i
(
In the event any proposed personnel (corporate and/or Page 46 of 59 i
l 2
i
D.2 (Continued) i subcontracted) are not currently employed by the offeror, the offeror should provide a letter of commitment from the individual (s) indicating their intent to join the offeror's organization in the event of contract award.
l II.
TECHFICAL APPROACH j
Discuss the offeror's plan to fulfill the requirements a.
as stated under the Statement of Work, indicating the extent to which the offeror demonstrates a sound i
approach and comprehensive implementation plan for i
?.chieving the technical objectives of the work described in this effort.
s b.
Discuss a system for quality control for assuring accuracy of camera-quality copy and the electronic j
version.
Also, include a detailed approach for i
meeting the accelerated delivery schedula for issuances and indexes and equipment compatibility and capability.
Discuss any potential problem areas and the approach to be taken to resolve these areas, l
l inclusive of any interpretations, requirements, or assumptions.
III.
CORPORATE EXPERIENCE /PAST PERFORMANCE The offeror should provide the following information concerning corporate experience /past performance:
CORPORATE EXPERIENCE /PAST PERFORMANCE Identify and discuss contracts similar in size and scope to this requirement that your firm has been awarded within i
the past three years in the area of i
publishing and indexing of legal work using the " Bluebook" style and technical work.
In addition, the offeror shall provide pertinent details regarding your firm's performance history i
on contracts similar in scope to this requirement.
)
Include letters of commendatien and any j
other available factual documentation to support your firm's performance history.
Also, provida any other per:inent information that will aid in the evaluation of the offeror's per.ormance record.
Each offeror is PLQUIRED to f
subnit sy.wpses of ALL corporate expericr e i
direi:tly relevant to this solicitation and discuss significant accomplishments.
Page 47 of 59
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'D.2 (Continued)
Identify ALL contracts'that your firm j
has been awarded that were terminated i
for convenience or: default, or subject t
to any disputes.
l Provide the following specific details for five contracts that.your firm has been awarded that are similar in scope to this procurement.
e f
1.
Contract Number I
2 Client's name l
Client's address l
4.
Current telephone number for the
(
technical representative and contract l
administrator / contracting officer 5.
Period of Performance j
6.
Description of the services being provided.
The NRC intends *
- ontact these references and request the "c.pletion'of a performance survey questionnaire of all offerors'
~
proposals included in the Competitive Range.
I t
i l
)
i I
t l ';
I t
e i
j-F*
Page 47a of 59 v
i i*
1 D.2 (continued) l D.2A 52.212-2 EVALUATION -- COMMERCIAL ITEMS (0CT 1995)
(a)
The Government will evaluate an offeror's proposal from the perspective of corporate experience / written evidance o? successful past performance; qualified personnel; and technical approach in the area of i
publishing and indexing of legal work using the
~
" Bluebook" style and technical work.
Technical and past performance, when combined, are more important than cost.
J (b)
Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.
the Government may determine than an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option (s).
(c)
A written notice of award or acceptance of an offer, i
mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without i
further action by either party.
Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
[End of Provision]
1 Page 47b of 59
\\
D.3 EVALUATION CRITERIA i
l The offeror shall ensure that its technical proposal contains full and complete information as required by Section D of this requirement.
The following evaluation criteria will be used:
i TOTAL POINTS:
100 i
1.
rERSONNEL (35 POINTS)
Extent to which the Offeror addresses personnel (35) qualifications including related education, experience, and training as it relates to publishing and indexing of legal work using the " Bluebook" style and technical work.
Discuss the availability of any key and support personnel that may be required to perform under this effort.
2.
TECHNICAL APPROACH (35 POINTS)
(a)
Extent to which the Offeror understands the (20) requirements as reflected in the Statement of Work and demonstrates a sound approach and comprehensive implementation plan for achieving the technical objectives of the work described in this effort.
(b)
Extent to which the Offeror demonstrates an (15) acceptable system for quality control for assuring accuracy of camera-quality copy and the electronic version, a detailed approach for meeting the accelerated delivery schedule, and equipment compatibility and capability.
3.
CORPORATE EX""RIENCE/PAST PERFORMANCE (30)
Extent to which the proposal demonstrates corporate experience and successful past performance on contracts of similar size and scope to this procurement in the area of publishing and indexing legal and technical j
work.
i Page 48 of 59
I i
D.4
- 52. 14-1 TYPE OF CONTRACT (APR 1984) i y
t.
The Government contemplates award of a Fixed Price Requirements
[
contract resulting from this solicitation.
l l
[End of Provision]
D.5 NRCAR 2052.215-74 TIMELY RECEIPT OF PROPOSALS (JAN 1993) l
[
Because NRC is a secure facility with perimeter access control, I
of ferors shall allow additional time for hand delivery (including express mail and delivery services) of proposals to ensure that
[
they are timely received in the depository at ;he address shown in Item 9 on the Standard Form 33.
l-l
[End of Provision) f D.6 NRCAR 2052.215 75 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (JAN 1993)
L 5
(a) All offerors will be notified of their selection or l
t nonselection as soon as possible.
Formal notification of nonselection for unrestricted awards may not be made until a j
contract has been awarded.
Pursuant to requirements of FAR 15.1001 (b) (2), preliminary notification will be provided before the award for small business set-aside procurements on l
negotiated procurements.
(b) It is also brought to your attention that the contracting i
officer is the only individual who can legally commit the NRC i
to the ex:_enditure of public funds in connection with this l
procurement.
This means that unless provided in a contract l
document or specifically authorized by the contracting officer, NRC technical personnel may not issue contract j
modifications, give informal contractual commitments, or i
otherwise bind, commit, or obligate the NRC contractually.
Infc_ mal contractual commitments include:
(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a i
cost-reimbursable contract in-excess of those costs
[
contractually allowable; and i-(4) Committing the Government te a course of action with l
regard to a potential contract, contract change, claim, or dispute.
lend of Provision]
4 Page 49 of 59 i
D.7 NRCAR 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE (JAN ~993)
A It is the policy of the Executive Branch of the GJvernment that:
(a) Contractors and subcontractors engaged in the performance of Federal contracts may not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirements; and (b) That contractors and subcontractors, or person acting on their behalf, may not specity, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.
[End of Provision]
l 1
l l
Page 50 of 59 n
.... ~..
[
)
D.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS l
COMMERCIAL ITEMS (JAN 1997) i (a) Definitions. As used in this provision:
i Emercino small business means a small businese concern whose size is no greater than 50 percent of the numerical size standard for the standard industrial classification code designated.
Small business concern 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 l
Government contracts, and qualified as a small business under j
the criteria in 13 CFR Part 121 and size standards in this l
solicitation.
Small disadvantaaed business concern means a small business concern that--
l (1) Is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically l
disadvantaged, or a publicly owned business, having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and l
l (2) Has its management and daily business controlled by one or more such individuals. This term also means a small I
business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian organization and which meets the requirements of 13 CFR Part 124.
+
Women-owned small business concern means a small business concern-(1) Which is at least 51 percent owned by one er more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned ~ business, at least 51 percent of the stock Page 51 of 59
/
D.8 (Continued) of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Taxpaver identification number (TIN) (26 U.S.C.
6050M).
(1) 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 i:
"h2 U.S.
and does not have an office or place of business or a fiscal paying agent in the U.S.;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of a Federal, state, or local government;
[] Other. State basis.
(2) 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).
(3) Common Parent.
[ ] Offeror is not owned or controlled by a common i
l parent.
Name and TIN of common parent:
Page 52 of 59 i
D.8 (Continued)
Name TIN (c) Offerors must complete the following representations when the resulting contract is to be performed inside the United States, its territories or possessions, Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia.
Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [] is, [] is not a small business concern.
(2) Small r" cadvantaaed business concern. The of feror represents that it [] is, [ ] is not a small disadvantaged business concern.
(3) Women-owned small business concern. The offeror l
represents that it [ ] is, [ ] is not a women-owned small business concern.
i Note: Complete paragraphs (c) (4 ) and (c) (5) only if this solicitation is expected to exceed the simplified acquisition threshold.
(4) Women-owned business concern. The offeror represents that it [] is, [ ] is not, a women-owned business
- concern, i
(5) Tie bid oriority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which ccsts to be incurred on account of manufacturing or production (by 1
offeror or first-tier subcontractors) amount to more than l
50 percent of the cont cct price:
1 (6) Small Business Size for the Small Business Competitiveness Demonstration Procram and for the Tarceted Industry,,fatecories under the Small Business ComDetitiveness Dgnonstration Procram. [ Complete only if the offeror has represented itself to be a small i
business concern under the size standards for this solicitation.]
(i)
(Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the four designated industry groups (DIGS).)
The offeror represents as part of its offer that it [] is, [] is not an emerging Page 53 of 59
D.8 (C ntinued) small business.
(ii) (Complete only for solicitations indicated in an
)
addendum as being for one of the targeted industry categories (TICS) or four designated industry groups (DIGS).)
Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the En.ployees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation 's expressed in terms of annual receipts)
(Check one of the following):
Number of Employees Average Annual Gross Revenues 50 or fewer
$1 million or less
__ 51-100
__ $1,000,001-$2 million
__ 101-250
__ $2,000,001-$3.5 million
__ 251-500
__ $3,500,001-$5 million 501-750
$5,000,001-$10 million
__ 751-1,000
__ $10,000,001-$17 million
__ Over 1,000
__ Over $17 million
+
(d)
Certificati~ns and representations required to implement o
provisions of Executive Order 11246--
+
(1) Certification of non-secreaated facili*#es. (Applies only if the contract amount is expecte- _c exceed l
$10,000)--
By submission of this offer, the offeror certifies that l
it does not and will not maintain or provide for its l
employees, any facilities that are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise and that it does not and will not permit its employees to perform e
j their services at any location where segregated i
facilities are maintained.
The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.
(2) Previous Contracts and Compliance. The offeror represents j
that--
Page 54 of 59
4 D.8 (Centinued)
(i)
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 10925, or the clause contained in Section 201 of' Executive Order 11114; and (ii) It [] has, [] has not, filed all requi_ed compliance reports.
'(3) Affirmative Action Compliance. The offaror represents that--
(i)
It ['].has developed and has on file, [] has not neveloped and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary _of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It [] has not previously had contracts subject to the wr:.tten af firmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Recardino Pajagpts to Influence Fed;ral lycansactions (31 U.S.C.
1352). (Applies. only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of'its knowledge and belief that no Federal appropriated funds have been paid or will be pai6 o any person for influencing or at.rempting to influence an o ficer or employee of any agency, t 0:e mber of Congress, an officer or employee of Congress or an emg.oyee cf a Member of Congress on his or her behalf in connection with the award of any vesultant contract.
(f) Buv American Acc-Trade AcreemeUn-Balance of Pavrantq Procram Certificate. (Applies only if FAR clause-52.225-9, Buy American Act-Trade Agreement-Balance of Payments Program, is included in this solicitation.)
(1) The offeror hereby certifies that each end product, except those listed in paragraph (f) (2) of this provision, is a domestic end product (as defined in the clause entitled " Buy American Act-Trade Agreements-Balance of ?ayments Program") and '. hat components of unknown origin have been considera co have been mined, produced, Lor manufact,ured outside the United States, a
designated country, a North American Free Trade Agreement (NAFTA) country, or a Caribbe&n Basin country, as defined
'in section 25.401 of the Federal Acquisition Regulation.
Page 55 of 59 i
I D.8 (Continued)
(2) Excluded End Products:
LINE ITEM NO.
COUNTRY OF ORIGIN (List as necessary)
(3) Offers will be evaluated by giving certain preferences to domestic end products, designated country end products, i
NAFTA country end products, and Caribbean Basin country end products over other end products.
In order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (f) (2) of this provision, offerors must identify and certify below those excluded end products that are designated or NAFTA country end products, or Caribbean Basin country end products.
Products that are not identified and certified below will not be deemed designated country end products, NAFTA country end products, or Caribbean Basin country end products.
Offerors must certify by inserting the applicable line item numbers in the following:
(i)
The offeror certifies that the following supplies qualify as " designated or NAFTA' country end p
products" as those terms are defined in the clause entitled " Buy American Act-Trade Agreements-Balance of Payments Program:"
i (Insert line item numbers)
(ii) The offeror certifies that the following supplies qualify as " Caribbean Basin country end products" as that term is defined in the clause entitled " Buy American Act-Trade Agreements--Balance of Payments Program":
t I
i (Insert line item numbers) 1 Page 56 of 59 i*
D.8 (Continued)
(4) Offers will be evaluated in accordance with FAR Part 25.
(g)
(I) Buy American Act-North American Free Trade Acreement Implementation Act-Balance of Payments Procram Certificate. (Applies only if FAR clause 52.225-21, Buy Alaerican Act-North American Free Trade Agrcement Implementation Act-Balance of Payments Program, is included in this solicitation.)
(i)
The offeror certifies that each end product being s
offered, except those listed in paragraph (g) (1) (ii) of this provision, is a domestic end product (as defined in the clause entitled " Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program,"
and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States.
(ii)
Excluded End Prodacts:
LINC ITEM NO.
COUNTPY OF ORIGIN (List as necessary)
(iii) Offers will be evaluated by giving certain preferences to domestic end products or NAFTA country end products over other end products. In order to obtain these preferences in the evaluation of eacP excluded end product listed in paragraph (g) (1) (ii) of this provision, afferors must identify and certify below those excluded end products that are NAFTA country end products.
l Products that are not identified and certified i
below will not be deemed'NAFTA country end products.
The offeror certifies that the following supplies qualify as "NAFTA country end products" as that term is defined in the clause entitled " Buy American Act--Norch American Free Trade Agreement Implementation Act--Balance of Payments Program":
Page 57 of 59
~-
D.8 (Continued)
(Insert line item numbers)
(iv)
Offers will be evaluated in accordance with FAR Part 25 of the Federal Acquisition Regulation.
In I
additisn, if this solicitation is for supplies for use outside the United States, an evaluation factor of 50 percent will be applied to offers of end products that are not domestic or NAFTA country end products.
l (2) Alternate I.
If Alternate I to the clause at 52.225-21 is included in this solicitation, substitute the following paragraph (g) (1) (iii) for paragraph (g) (1) (iii) of this provision:
(g)
(1)
(iii) Offers will be evaluated by giving certain preferences to domestic end products or Canadian j
end products over other end products.
In order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (b) of this prosision, offerors must identify and certify below those excluded end products that are Canadian end products.
Products that are not i
identified and certified below will not be deemed Canadian end products.
The offeror certifies that the following supplies qualify as " Canadian end products" as that term is defined in the clause entitled " Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program":
I (Insert line item numbers)
(h) Certification Regarding Eabarment, Suspension or Ineligibility l
for Award (Executive Order 12549).
The offeror certifies, to l
the best of its knowledge and belief, that--
i (1) The offeror and/or any of its principals [ ] are, [ ] are i
not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, and (2) [ ] Have, [] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud l
or a criminal offense in connection with obtaining, Page 58 of 59 4
j l
D.8 (Continued) attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of i
records, making false statements, tax evasion, or receiving stolen property; and [] are, [] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.
(End of Provision)
D.9 52.233-2 SERVICE OF PROTEST (AUG 1996)
(a) Protests, as defined in Section 33.101 of the Federal i
Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Caneral Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Contract Management Branch 3 Mail Stop T-7-I2 Washington, D.C.
20555
. Hand carried address:
U.S. Nuclear Regulatory Commission Division of Contracts & Property Mgmt Two White Flint North 11545 Rockville Pike i
Rockville, Maryland 20852-2738 l
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the j
GAO.
i l
l F
Page 59 of 59
- *8 cu ATTACHMENT 1 y*
4 UNITED STATES g
g NUCLEAR REGULATORY COMMISSION
't WASHINGTON. D.C. 2066dWo01
%*****/
(SAMPLE)
TO:
FROM:
Vicki Yanez, NRC Project Officer
SUBJECT:
1;ELIVERY ORDER NUMBER _ FOR YEAR ONE PRODUCTS UNDER CONTRACT NO.
NUMBER OF MANUSCRIPT PAGES:
DUE DATE FOR PAGE PROOFS:
Upon receipt of this delivery order, the Contractor shall perform those services highlighted in bold below in accordance with the terms and conditions of the subject contract. Upon completion of the work under this delivery order, the Contractor shall insert the quantity ofcamera-quality pages below.
Item -
No.
Products Quantity Unit Unit Price Total Amount 1.
Issuances
- a. Electronic Transmission pg.
00.00
- b. Diskette pg.
00.00
- c. Keystroke.
pg.
00.00 2.
Six Month Hardbound Table of Contents pg.
00.00 3.
Indexes pg.
00.00 4.
Computer Tape ea.
00.00 5.
Alterations ea.
00.00 6.
List ofIndex Terms ea.
N/C S
7.
Five-Year Compilation ofIndexes pg.
00.00 TOTAL AMOUNT OF THIS DELIVERY ORDER: $
CURRENT CONTRACT OBLIGATION:
AMOUNT OF THIS DELIVERY ORDER:
l
- CONTRACT OBLIGATION BALANCE:
l l
DISTRIBUTION OF COMPLETED DELIVERY ORDER:
l Original to Contractor Copy to Contract Administrator Copy to NRC Project Officer i
.[*
-..en
+,
ATTACHMENT 1A (MARCH 1956)
Page 1 of 3 BILLINGINSTRUCTIONS FOR FIXED PRICE CONTRACTS
]
Geowel: The r.entracter shall prepare vouchers or invoices as prescribed herein. FAILURE To l
SUBMIT VOUCHERSilNVOICES IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN i
REJECTION OF THE VOUCHERllNVolCES AS IMPROPER.
t Ferm: Claims shall be submitted on the payee's letterhead, voucherlinvoices, or en the Govere.a. ant's t
Standard Form 1034,"Public Voucher for Purchases and Services Other then Personal," and Standard Form 1035,"Public Voucher for Purchases Other than Personal-Continuation Sheet." These forms
(
are available from the U.S. Government Printing Office,710 North Capitel Street, Washington, DC
).
20401.
Number of Cesies: An original and three copies shall be submitted. Failure to submit all the required copies will result in rejection of the voucherlinvoice as improper.
Dwinnated Aeoney Billine Office: Voucherslinvoices shall be submitted to the fellowing address:
t U.S. Nuclear Regulatory Commission I
Division of Contracts -T 7-I 2 l
Washington, DC 20555-0001 A copy of any invoice which includn a purchase of prop./ valued at the time of purchase at $5000 or more, shall additionally be sent to:
Chief Property Management Branch Division of Facilities and Property MenaDement Mail Step T 7 D 27 Washington, DC 20555-0001 HAND-DELIVERY OF VOUCHERSllNVOICES IS DISCOURAGED AND WILL NOT EXPEDITE PROCESSING BY THE NRC. However, should you cheese to deliver voucherslinvoices by hand, including delivery by i
any express mail service or speciel delivery service which uses a couriw or other person to deliver the voucherslinvoices in person to the NRC, such wouchersfinvoices must be addressed to the above Designated Agency Billing Office and will only be secepted at the fellowing location i
U.S. Nuclear Regulatory Commission One White Flint North. Mail Reem 11555 Rockville Pike Reckville,MD 20852 HANDCARRIED SUBMISSIONS WILL NOT BE ACCEPTED AT OTHER THAN THE ABOVE ADDRESS t
i i
(BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS - Pope 2 of 3 Note that the official receipt date for hand 4elivered voucherslinvoices will be the dets it is received by the official agency billing office in the Division of Centracts.
Aasacy Parment Office: Payment will continue to be made by the office designated in the contract in Block 12 of the Standard Form 28 or B;ock 25 of the Standard Form 33, whichever is applicable.
Freesener: The contreeter shell submit a voucher er invoice only after the NRC's final acceptance of services rendered or products delivered in performanes of the centreet unless otherwise specified in the centract.
Presaretion and itemization of the Veucharlinvoice: The vouch trlinvoice shall be prepared in ink or by typewriter (without strike overs). Corrections er erasures must be initialed. To be considered a proper voucherlinvoice, all of the following elements must be included:
1.
Centract number.
2.
Sequential voucherlinvoice number.
3.
Date of woucherlinvoice.
4.
Payee's name and address. (Show the name of the contracter and its correct address. In addition, when en assignment of funds has been made by the centracter, or a different payee has been designated, include the name and address of the peyse). Indicate the name and telephone number of the individual responsible for answering questions which the NRC may here regarding the voucherlinvoice.
5.
Description of articles or services, quantity, unit price, and total amount.
5.
For contracte esquired property list sech item purchased costing $50,000 or more ano..sving e life expectancy of more then 1 yest end provids: (1) an item description,(2) manufacturer (3) model number,14) serial number. (5) ocquisition cost (6) date of purchase, and (7) a copy of the purchasing deemnent.
7.
Weight and zone of shipment,if shipped by percel post.
8.
Charges for freight er express shipments. Attach prepaid billif shipped by fraight er express.
S.
lestructions to sensignes te notify the Centracting Officer of receipt of shipment.
l.
(BILLING INSTRUCTIONS FOR FIXED PRICE CONTRACTS - Page 3 of 3
- 10. For indefinite Delivery centracts or contreets under which progrees payments are authorirs! the final voucherlinveise shell be marked " FINAL VOUCHER" OR " FINAL INVOICE."
Currency: Billings may be expressed in the currency normally used by the contracter in meicteining his accounting records and payments will be made in that currency. However, the U.S. deller equivalent for all voucherslinvoices paid under the centreet may not exceed the total U.S. deliers autharized in the centreet.
Supersession: These instructions supersede any previous billing instructions.
R:\\ BILLING.356 4
_.. ~. _. _. -. _ _ _ _ _ _ _.
2 ATTACHMENT 2 l
l CONTENTS 3====ce of the Nuclear Regulatory Comsniss'en l
LOUISIANA ENERGY SERVICES, L.P.
1 (Claiborne Enrichment Center)
Docket 70-3070-ML 95 ORDER, CLI-97-4, March 21,1997..
Issuances of the Atoanic Safety and Licensing Boards
)
ILLINOIS POWER COMPANY and SOYLAND POWER COOPERATIVE i
(Clinton Power Station, Unit I)
Docket 50 461-OLA (ASLBP No. 97-725-01-OLA)
I
- MEMORANDUM AND ORDER LBP-97-4, March 1 I,1997....... 125 l
' LOUISIANA ENERGY SERVICES, LP.
(Claiborne Enrichment Center)
Docket 70-3070-ML (ASLBP No. 91-641-02-ML)
(Special Nuclear Material License)
PARTIAL INITIAL DECISION, LBP-97-3, March 7.1997...
.. 90 RALPH L TETRICK (Denial of Application for Reactor Operator License)
Docket 55 20726-SP (ASLBP No. 96-721-01-SP)
(Re: Operator License)
CORRECMD COPY OF MEMORANDUM AND ORDER, 130 LBP-97-6, March 27,1997...
UNIVERSITY OF CINCINNATI (Denial of License Amendment)
Docket 30-02764-MLA (ASLBP No. 97-722-01-MLA)
MEMORANDUM AND ORDER, LBP-97 5, March 27,1997...
.. 128 lii T
m 1y m,y c
4 -
._____._____..__m._
ATTACHMENT 3 CONTENTS Issuances of the Nuclear Regulatory Commission CLEVELAND ELECTRIC ILLUMINATING COMPANY, et al.
(Perry Nuclear Power Plant, Unit 1)
Docker 50-440-OLA-3 Order, CLI-96-4, March 7,1996........
KERR McGEE CHEMICAL CORPORATION 51 Mest Chicago Rare Earths Facility)
Docket 40-2061.ML Order, CLI-%2, February 21,1996.........
13 SEQUOYAH FUi1S CORPORATION and GENERAL ATOMICS (Gore, Oklahoma Site)
Docket 40-8027-EA Memorandum and Order, CLI-%3, February 27,1996......
16 YANKEE ATOMIC ELECTRIC COMPANY (Yankee Nuclear Power Station)
Docket 50-029 Memorandum and Order, CL1-%-1, January 16,1996 1
Memorandum and Order, CLI-96-6, April 1,1996...
123 Docket 50-029-DCOM Memorandum and Order, CLI.96-5, March 7,19%
53 l
M arandum and Order, CLI.96-7 June 18.1996 235 4
[
Issuances of the Atomic Safety and Licensing Boards i
EASTERN TESTING AND INSPECTION, INC.
Dockets 030-05373 EA. 030-32163-EA 4
4 Memorandum and Order, LBP-96-9 May 10.1996..
211 1
Memorandum and Order, LBP-96-11, June 11,1996 279 j-GEORGIA INSTITUTE OF TECHNOLOGY Georgia Tech Research Reactor, Atlanta, Georgia) l Docket 50-160-Ren
{
Third Prehearing Conference Order, LBP-%8, April 30.19%
. 178 Memorandum and Order, LBP-%10 May 16.1996........ 231 i
GJLF STATES U'lILITIES COMPANY. er al.
(River Bend Station, Unit 1) i Docket 50-458-OLA Memorandum and Order, LBP.96-5, March 29,1996.....
135 L
i d
i l
r
. _ ~ - _ _.
r ATTACHMENT 4 i
j C#e as 45 NRC 95 (1997)
CLl-97-4 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
i Shirley Ann Jackson, Chairman Kenneth C. Rogers Greta J. Dicus Nils J. Diar Edward McGaffigan, Jr.
In the Metter of Docket No. 70-3070-ML LOUIS 8ANA ENERGY SERVICES, LP.
(Claiborne Enrichment Center)
March 21,1997 I
t The Commission grants Nucien Energy Institute's motion for lea.e :o file an l
amicus curiac brief in the appeal of the Atomic Safety and Licensing BerJ'.
second Partial Initial Decision, LBP-96-25. 44 NRC 331 (1996), and adjusts the briefing schedale and page limits for responsive and reply briefs. The Commission also grants Louisiana Energy Senices' motion for the Commission
.to defer filing of petitions for review of the third Panial Initial Decision. LBP-97-3,45 NRC 99 (l997).
l RULES OF PRACTICE: AMICUS CURIAE
"[A]n amicus curiar necessarily takes the proceeding as it finds it. An amicus curiac can neither irict new issues into a proceeding nor alter the I
content of the record developed by the panies." Public Service Co. of New Hampshire (Seabrook Stad - Units : and 2), ALAB-862, 25 NRC 144,150 I
(1987)(footnote omitted).
k ORDER I
1
'Ihe Commission has before it two contested motions in the proceeding on Louisiana Energy Senices' (LES's) application for construction and operation 95 1
of the Claiborne Enrichment Center near Homer, Louisiana. The first is the Nuclear Energy Institute's (NEl's) motion for leave to file an amicus curiae brief in the appeal of the Atomic Safety and Licensing Board's second Partial Initial Decision, LBP-96-25,44 NRC 331 (1996). The second is LES's motion for deferral of the schedule for seeking Commissica review of the Board's third Partial Initial Decision LBP-97-3,45 NRC 99 (1997). We have decideo to grant NEI's motion, and LES's motion in part, and to make appropriate adjustments in the briefing schedule and page limits.
1.
Attached to NEI's motion is the amicus brief itself. NEI seeks leave to file its brief because it believes that LBP-96-25 rests on "significant legal error which, if allowed to stand, could severely affect the interests of the nuclear energy industry." The Intervenor. Citizens Against Nuclear Trash (CANT),
opposes NEI's motion and requests that the Commission deny it According to CANT, it would be " unduly burdensome" to require CANT, with its " extremely limited resources," to respond to yet another entity's arguments, when the license applicant is " adequately represented by two large law firms with significant resources." in the alternative, CANT requests that it be gi en sufficient time to respond to the NEI brief.
NEI's motion for leave to file the amicus brief is gr nte ' CANT will suffer no substantive preiudice from the amicus filing: "[A]n amicus curiar necessanly takes the ;)ro ceding as it finds it. An anacus cui ae can neither inject nce issues into a proceeding nor alter the content of the record develoned by the parties." Public Service Co. of New Haanpshire (Seabrook Station, Units I and 2), ALAB-862,25 NRC 144,150 (1987) (footnote omitted). We adjust CANTS briefing deadline and page limits as indicated below so that CANT's brief can take account of the NEI filing.
2.
LES's motion requests that the Commission defer the filing of petitions for review of the third Partial Initial Decision. LBP-97-3, until after a fourth Partial Initial Decision is issued sometime m the near future. LES states that "this approach will allow LES, and indeed all parties, to evaluate whether to file a petition for review based upon both partial decisions, and would allow the two partial decisions to be addressed simultaneously and therefore most efficiently."
CANT opposes the. notion. According to CANT, LES's approach would be
" unduly burdensome and unfair" because it might require CANT to simultane-ously address both LBP-97-3 and the Board's forthcoming dec sion. However, a proposed filing schedule submnted by CANT indicates that CANT does not object to delaying the filing of a petition for review of LBP-97-3.
We have decided against mandating simultaneous petitions, because the two decisions hkely will address quite separate issues: decommissioning funding (LBP-97-3) and " environmental justice" (the anticipated fourth Partial Initial Decision). However, to the extent that LES's motion requests a delay in filing a petition for review, we grnnt the motion. We anticipate that the parties can
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better evaluate the need for and scope of funher petitiens after they have the l
opportunity to review the Board's fourth Partial Initial Decision, which we l
expect to be issued trj May 1,1997.
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- 3. To accommodate the NEI amicus brief, we amend the briefing schedule l
and p ge limits with respect to LBP-96 25 as fellows:
(1) CAAi snall Sie a single responsive brief on or before May 1,1997.
Its brief shall not exceed 55 pages.
l (2) The reply briefs shall be filed on or before May 15, 1997.
l To accommodate the delay in filing petitions for review of LBP-97-3, we establish the following schedule:
(1) Petitions for Review of LBP-97-3 shall be filed within 7 days after the dat: of issuance of the fourth Partial Initial Decision.
(2) Responses to any petition for review of LBP.97 3 shall be filed in accordance with 10 C.F.R. I2.786(b)(3).
Finally, the deadline for filing petitions for review of the fourth Panial Initial l
Decision is extended by 7 days beyond the deadline established by 10 C.F.R. 5 2.786(b)(I).' In all other respects, all petitions and responses shall be filed in accordance with 10 C.F.R. 5 2.786.
l Ibr the Commission l
JOHN C. HOYLE Secretary of the Commission Dated at Rockville, Maryland, this 21st day of March 1997.
i l
l I tie beve aussuyasd to drvise a N shot avoeds senashameous fibags. However. we secognaar ther dependang on the dust of sasumace of the fourth Partial luteal Decision this adiedule ney need to be scadpusard The parties sesnese true so sequeu en adpsessmar se this schedule of they bebeve that com
-- warrant st.
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ATTACHMENT 5 l
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CASE NAME INDEX i
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CONSUMERS POHTR COMPANY j
REQUEST FOR ACDON; DIRECTOR'S DECISION UNDER 10 CJ R. 4 2.206; Docka Nos. 54255.
i 72 7. DD 97 l. 44 NRC 33 (1997). DD97 5. 45 NRC 135 (1997)
ENTERGY OPERATIONS. INC.
REQUEST fo9 ACrlON DIRECTOR'S DECISION UNDER 10 C.F.R I2 206; Docket Nos. 54313.
2368. 7213; DD97 5. 45 NRC 135 (1997)
ENVIROCARE OF UTAH INC.
REQUf3T FOR ACTION. Dikf4 TOR'S DEGSION UNDER 10 C F R 6 2 206. Docket No 44 8989 (Lacenar No. SMC-1559). DD-97-2. 45 NRC 61 (1997) 1 GENEP AL PUBUC UTILTTIES NUCLEAR CORPORATION i
OPI. RATING LICENSE AMENDMEf(T; MEMORANDUM AND ORDER (Rahng on Summary Disposioon ManonI; Dacist No 542194LA (ASL8P No. 96-717-02-OLA). LBP-97-l. 45 NRC 7 (1997) l GEORGIA PO%T.R COMPANY. er al REQUEST FOR ACTION DIRECTOR'S DEOSION UNDER 10 C F.R 12 206. Docket Nos $4321 54366. 50-424. 50425. DS974. 45 NRC 144 (1997)
IlllNOIS POWER COMPANY and SOYLAND POWER COOPrRATIVE OPERATING LICENSE AMINDMEffh MEMORANDUM AND ORDER Germaanng Proceedmg);
Docket No 50-461 OLA (ASLBP No. 97-725454LA). LBP-97-4. 45 NRC 125 0997)
LDUISIANA ENERGY SERVICES. LP.
CONSTRUCIION PERMIT-OPERATING UCENSE PROCT.EDING. PARTIAL IN!TIAL DEOSION (Resolvmg Coraennons B and 3.3h Docket No 743074ML (ASLBP No 9144142-ML) (Special Nuclear Maienal tacenark LBP-97 3. 45 NRC 99 (1997)
MATERIALS LICENSE; ORDER. Ducket No 743074ML; CU-97 2. 45 NRC 3 0997); CU-97 3. 45 NRC 49 (1997). CU 97-4. 45 NRC 95 (1997) j NORTHEAST NUC11AR ENERGY COMPANY Rf QULST FOR ACTION DIRECTOR S DECISION UNDER 10 C.F R.12.206. Docket No 54245 (Luenne No. DPR-2th DD 97-4, 45 NRC $6 (1997)
RAlfH L TETRICK SPECIAL PROCEEDING. INITIAL DECISION Ducket No 55-20726 SP (ASLBP No 96-72141 SP)
(Re Operator lacenser. LBP 97-2. 45 NRC 51 (1997) i
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SPECIAL PROCEEDING. CORRECTED COPY OF MEMORANDUM AND ORDER (Denial of j
keconsulerauon. Sis 9. Docket No 55-20726 SP (ASLDP No 96 72141-SP) (Re: Operstar 12 cense).
l LBP-974. 45 NRC 130 0997)
SEQUOYAH IVEL5 CORPORATION and GENERAL ATOMICS LNFORCTMINf ACTION. MEMORANDUM AND ORDER Docket No. 743074ML; CU-97-l. 45 i
NRC 1 (1997) l TOllDO EDISON COMPANY. er el l
REQUEST 50R ACTION DIREITOR'S DECISION UNDER 10 C F R 9 2.206; Docket Nos 54346.
l 72-l004. D&97-3. 45 NRC 710997)
UNIVERSTTY OF CINCINNATl j
MATERIALS LICENSE AMENDMENT; MEMORANDUM AND ORDER (Distressmg Procee&ngt Ducks No 3042764-MLA (ASLBP No. 97 72241-MLAL LBP-97-5. 45 NRC 128 (IW7) 4 j
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ATTACHMENT 6 4
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DIGESTS l
l ISSUANCES OF THE NUCLEAR REGULATORY COMMISSION CU 97-1 SEQ'JOYAH IVELS CORPORATION and GENERAL ATOMICS (Gore. Oklahoma Sam Ducca-tanumanon sad Decanussemasag FundsagL Docket No. 49027-EA; ENTORCEMENT ACTION. January 22.1997. MEMORANDUM AND ORDER A
The Comnusman grams two peonons for review chs!nengmg the 12censmg Board's approval of a mettlemeni agreemes The Commsssior ?so estab!.hes a irrfing schedule
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CLJ-97-2 IDUISIANA ENERGY SERVICES. LP LCluborne Enn hrnes CemerL Docket No. 43070-ML; MATERIALS UCENSE; January 29.1997. ORDER A
The Commsssion dessen a moniass. 64cd by ou laserveau.. requesong parnal reconndersion of CLI-
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96-8. 44 NRC 107 (1996) la CU%8. the Consiussion gramed sa part aa.d dmcd sa pan de Imervenor's prunas for seview of Asanne Safety and laceasmg Board Imnal Decanon LBP47,43 NRC 442 (1996A
}
wtudi sesolved all comientrons on emergency planmag in the Appbcam's favor.
B Mariont for esconaderanos snay not sem ca e are thesas that could have been rased earlaer en a pairsos far seyww C
NRC rules comemplane pectmas for seconuderanon of a Comnusman decanon on the encrus.
nos pennons for recomuderanon of a Comumsmos decimon I., drchne severs of an assue. 3cc 10 CIA
[
l 2 786(e).
5 CLI 97-3 IDUIS!AN A ENERGY SERVICES. L P. (Cluborne Landunrm Cemerk Dacial No 43070-ML;
~
7 M ATERIALS UCENSE; Fetruary 13.1997; ORDER A
The Comnussion grants peunons 6ied by the Staff and lanumana Esergy Services forr--
7 revww of the Anonne Safety and laceaung Board Parhal Imaal Decision. LBP%25. 44 NRC 331 (1996).
{
and sets a Inwhng sdedule pursumar to 10 C.F.R. 5 2 786(4).
7 l
CU-97-4 IDUISLAN A ENERGY SERVICES. LP (Cimborne Ennchnem CemerL Docket No. 43074 ML; MATERIALS UCENSE; 24rch 21.1997; ORDER A
The Coranusmos grants Nuclear Energy lasunne's enouon for leave to 61e an amarus renar trief l
na the appeal of the Alonuc Safety and I.acensmg Board's second Parual lutaal Decessoa LBP425. 44 7 -
NRC 331 (1996L and adjusts De bne6mg sdiedule and page ' nuts far seaponsswe and ser'
-fs The u
Comnessoa also grams lanumasa Energy Services' neues for the Comnusson to defer C,
t* ms for sevrw of the durd Parnal Imnat Decasion. LBP-97-3,45 NRC 99 (1997)
B
- 1 A)n ameras rurant n====nly takes the proceedsnq as et finds it. Aa amecas cursar can menther
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snject erw tasues amo a proceeding nor aher the comes of en secord developed by the parues" Pubhc Servare Co. of New Havskre (Seabrook Station. Uans I and 2L ALAB-862,25 NRC 144.150 (1987)
(footnote omstted)
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ATTACHMENT 7 h
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LEGAL CITATIONS INDEX CASES Adunaced Medical Spaenis, Jac. (One factory Row. Geneva, Otuo 44041). CLI-964. 39 NRC 285, 299 l
(1994)
I hennag siglas on enforcement acuans; DD97 2. 45 NRC 68 (1997)
Ayred I Marabue (Semar Opermar License fw Beswr Valley Power Stauan. Unn 1). IEP-BS 10. 27 NRC 417 (1988). LBP48-lf. 27 NRC 583 (1988) purport of senczar opermar enarrunauons; LBP-97-2,,5 m' 52 0997)
Ardrstaai v. INS,112 S Ct 585. Il6 L Ed 2d 4% 0991) plain language standard far naierpretauan of segularary gued LBP-97-6. 45 NRC 132 a 3 0997)
Bime Cross and Blue should of Alabama ir wrat. 913 F 2d 15s.. s5ss, ork's drased. 921 V2d 283 0 990) emerpretanon of regulatory gmdes. LBP-97-6. 45 NRC 132 n 3 0997)
Carelsas Pomer and Isgk Co (Shearon Harns Nuclear Power Planr). ALAB452. 24 f*RC 532. %4 45 0986) apph:auan and smus of regulanary guides; LBP-97-1. 45 NRC 25 (1997)
Crarral Elecmc Po er Cooperanse (vergil C. Sarruner Nuclear 5:aaan. Uma 1). CLI-88 26. le NRC 757, 790 0 988) anassons far seconaderanon sesong on a new thesis. CU 97-2. 45 NRC 4 (1997)
Censohdared Eduan Ce of Arw Fort (Indian Paim. Unais I. 2. and 3). CLI-754, 2 NRC 173.175 0 975) standard far nasurupon of show cause proceediiIgs; DD97 4 45 NRC 92-93 (1997)
Caumners Paner Co (Midland Plant Umts I and 2L ALAB 235. 8 AEC 645 (1974) bcensms licard unsdictson where unanon for seconsuleranon has lieen bled, LBP-97-6, 45 NRC 131 J
0 997) 1 Carasors cf sier Danerun of Masseen. CU-95-1,41 NRC 71. 98 0995) l apphcanon and swus of segularary guados. LBP-97-l. 45 NRC 25 0997)
Namsma Lgesag and Pe=er Ce (South Teams Project, Umts I and 21. CLI-8432.12 NRC 281. 291 i
(1980) hceanse abdicatum of responutuhry or kaomnedge as baus for lacesue sevocanon. DS974, 45 NRC 155 0 997) l Merrepolnaa Ednen Co (Three Mde Island Nuclear SianoL Umt IL AIAB-69E.16 NRC 1290.1298-99 l
09E2), aff'd en parr en other gramads. CLI-83-22,18 NRC 299 0983) appbcauan and staius of segulatory gudes; ISP-97 s 45 NRC 25 0997) i Merr9elnen Larsson Co (Three Mde Island Nuclear 5: anon Umi I), CLl45-9. 21 NRC 19 88.1136 37 0 985) standards for managernent character and corgetrace. DS974. 45 NRC 155 0997)
Partlic Gas and Electric Ce (Diable Canyon Nuclear Power Plant. Umis I and 2), ALAB-763,19 NRC 571, 577 0 954) i burden of proof on apphcams, LDP-97 3. 45 NRC 104 0997)
Pauladelphas Elecsric Co Omerick (meerarmg Stauon. Umts I and 2). ALAB419. 22 NRC 681,706 0 985) i sug'Iplementanon of fmal environmental impace staiernear by decasion and adjudgatory record, LBP 3. 45 NRC 123 0997) l 13 l
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ATTACHMENT 8 l
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LEGAL CITATIONS INDEX j
REGULATIONS 80 CIA i1231 siebensmos of hennag tie en safannat procueengs; IEP-97-2,45 NRC 52 (1997) 10 CJA 2.202(aK5) ervocanon of byproduce snanmal besse, cucurastancza apprepnate far; DD-97-2. f3 NRC 67 (1997) l 10 C F R. 2.204 l
spphcanon and stanes of genmc lessers. LBP-97-l. 45 NRC 26 a 10 (1997) id CF R 2.206 I
dessen dehenencies sa NUHOMS ershsel.bf camseers; DD.97-3. 45 NRC 78-63 (1997) licenser Britzry of agreemesu stase Ra& anon Cour of Dueciar; DD-97 2. 45 NRC 64-70 (1997) unanagement ctracier and compesene; DD 974. 45 NRC I47-257 (1997) enessunns and eest eqmpercar sagn-out promdwes, vaalaisons of. DD 97-4. 45 NRC 86-93 (1907) qual &anan and armanas of health phymes sechmesans; DD.97-7. 45 NRC 258 (1997) union &ng of mutuassembly basket of VSC-24 &y storage casks, reasonable asswance of safety of proadwes for. DR97 5. 45 NRC 13M3 (1997) unnameng puedwes for dry saarage casks. violanons of regererrrets far. D&V71. 45 NRC 33-47 (1997) 10 C.F R 2 710 compucauan of mene is pecuans for review of decimon served by snut. LBP-974. 45 NRC 133 (1997) deadhne for thag peuuon far ervsew of emual decimon. IEP 97 2,45 NRC 61 (1997) service of san.J decasiant; 1EP-97 2. 45 NRC 60 (1997' 40 C.F R 2 712(e) dme of service for pennons far review, LBP-97-6. 45 NRC 133 (1997) service of ammal decessons; LBP-97 2. 45 NRC 60 (1997) 10 Cf.R. 2.714(a) challenges to sednecal spa lfh:aune danges. LBP 97-8. 45 NRC 11 (19s s l
lano4hng regunernents fis nrw bans for comemion. LEP-971. 45 NRC 18 (1997) i 10 C.F R 2 714(bX2) i challenges to sechmcal spec 6cauae changes. LBP-97-1. 45 NRC II (1997) j 10 C F R 2 715(c) l emeresto$ state request fw banne cond uons. LP.P-97-3. 45 NRC 123 (loo 7) l 10 CJIL 2732 burden of proof on apphcams. LEP-97 3. 45 NRC 104 (1997) l 10 Cf.lk 2 749ra)
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promdwal vegerernests govermng summary &sposnion process, t.EP-97-1, 45 NRC le (1997) i 10 Cf R 274Hd)
I standard for seeksng summary esposiunn. LEP-97-l 45 NRC 13 (1997) l IO CT R. 2 754(b) l defauk on assues nor naciuded se uservenas's fin &ngs as heanng. LBP-97-3, 45 NRC 119 a l) (1997) 10 CJ R 2.760 i
f
&nahry,of decisaan on operahng hamme amendmem. LEP-97-1. 45 NRC 30 (1997) finabry of pernal smaal decimon; LEP-97 3. 45 NRC 124 (1997)
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ATTACHMENT 9 I
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I LEGAL CITATIONS INDEX fiTATUTES I
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Atomsr Energy Act.122,42 US C 12232 l
charmener and amargnty mpured of NR(. Samuses. DD974. 45 NRC 229 (1997)
Anonue Energy Act 157. 42 U.S C 12237 revision of'sechsscal specificanons, LJ:P 97 8. 45 NRC 26 a il (1997)
Asanus Enegy Act. IB9a(IX A), (2KAl. 42 U.S C 1223% sulk AL (2ka) assuance of hcense amendmes upon findag of no s.gsu6 cant hazards cons deranon. LBP.97-8, 45 NRC
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il n.2 (1997)
Imrgy Receganstataan Act 210. 42 U.S C 3 5651 d
enenerunanon agenst employees for engaging sa swuened acoviues; DD-974. 45 NRC 223 (1997) f disentrunauon an maner of quahficauan and armamg of health p$ics secbacian C&97-7. 45 NRC l
l 260 (1997) 4 I
low level RadsparDve Waser Pokey Act. 42 U S C 6 2028b ce seg plausibility of apphcam's straiegy for Asposal of orpleted uramum tails. LBP-97-3. 45 NRC 110 a7 (1997)
USTiC Pnvauratson Act. Pub. L No 104-134.100 Sam 1321 (1996L 42 US C 6 2297h-ll disposal strategy for dephroed uranium tails; LBP-97-3. 45 NRC 109 (1997)
USEC Pnvanzarson Act. 42 U.S C 62297biltak (c)
PAsabshty of apphcam's sowegy s'or esposal of depicted uramum taals; LBP-97-3. 45 NRC 110 so?
(1997)
USEC Pnvatizauca Act. 42 U S C. 6:297h Sl(aKfKBL (ax3)
DOE responsabihty for espeaal of depleted uraruum sens. LBP-97-3. 45 NRC 180 n7 (1997)
LM.C Pnvenzanoo Act. 42 US C $ 2297h-II(b) opcons for depleted m m tails espr.eal. LJIP-913. 45 NRC 110 (1997) f USEC *nvattaanon Art. 42 U.S C 5 2297h Iltc) l state lia5ihiv for wasw artnbutath to pnvam uramum enrichment facahry; LBP-97-3. 45 NRC I23 (1997) i l
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ATTACHMENT 10 l
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OTHERS
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l 17A Ant Jw. 2d C.
_e $ 388, s 415-16 (1991) eagle gsvem so enactness am coasswcnon of aern., of bcense LBP-971,45 NRC 19 (1997) t Fed. R. Ov. P. $6(c) standard in serAseg sunumery espasman. LBP-97-8. 45 NRC 13 (1997) i Charles H Koch, Jr., Adiwumenw L.
sat Pra.ra r 1 6 44 (19851 burdes of proof om appLc==; L3P 97-3. 45 NRC 104 (1997) unsur's Theif N,w Jaarrnenenal thcrumary 1736 (1978) f definauan of ymmble" and "straegy" sensuw to oraruum taus.Lspraal. LSP.97-3, 45 NRC 105 (1997) i i
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ATTACHMENT 11 i
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l SUBJECT INDEX 1
AGREEMENT STATE l
a-Ir:6ery of star othcaal. DD 97-2, 45 NPC (63 (1997)
AMENDMENT See Byprudacs Masenals License AAwadnu:ar Operaung tacense Aneminess AMICUS CURIAE scope of panacipanas. CU-97-4,45 NRC 95 (1997)
APPUCANTS tedes of proof en; LBP 97 3. 45 NRC 99 (1997)
ATOMIC ENERGY ACT heanng nghis en enfurcenest achons. DD97-2. 45 NRC 63 (1997) tecense araendnrnts-LBP-97-1, 45 NRC 7 (1997) hcensing sundards, DD 974. 45 NRC I44 (1997)
- BRIEf3 schedule and page-knut adjusmreis scr response and reply to anucus cunae. CU 97-4,45 NkC 95 (1997)
BRIEJ3. APPELLATE cha!&engang ' oenssng lead approval as senter:rns agnement, CU-97 l, 45 NRC 1 (1997) m sduAhng of, C1J 97 3, 45 NRL' 49 (1997)
I speci6cary requaral an. CU-97-2, 45 NRC 3 (1997)
BURDEN OF PROOF om apphcanes. LBP-97 3. 45 NRC 99 (1997)
BY/RODUCT MATERIALS UCENSE hesnns ngius en enfann ness accons; DD 97-2. 45 NRC 63 (1997)
BYPRODUCT MATERIAIJ UCE.NSE AMENDMENT
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to allow iacreased dose so wusars of radtauon therapy panems, LbP-97-5,45 NRC 128 (1997) l CERTIFICATE OF COMPWANCE f
apphcabihty of earms and condaucus to general luresses. DR97 3 a5 NRC 71 (1997) j CONSTRUCTION OF TERMS
- eacept" an ieduuca!
,hcanons; GP-97-1, 45 NRC 7 (1997) pla a sneaang of the langunge; 12P-9tl. 45 NRC 7 (1997) i I
subsequear revisenns. wegls swee en LBP-97-1, 45 NRC 7 (19971 l
COMTAINMENT ISOLATION VALVES l
srweallance oest.ng of. DS974, 45 NRC 144 (1997)
CRTTICAtJTY i
l of spes fue! in dry storage casts dunng uniond.ng. DD97 8,45 NRC 33 (1997) i DECOMMISSIONING fifNDING l
disposal of depicted uransum sals, reasondde assmance of. LBP-97-3. 45 NRC W (1997) l DECOMMISSIONING FUNDIfG PLANS coment of 2P47-3. 45 NRC 99 (1997)
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DEIT.NSE IN-DEFIM POUCY f
sadoucahpeo6canos danges and, LSP-97-1,45 NRC 7 (1997)
DEPART 1 TNT OF ENERGY sespan.duhty for disposal of depleied uramurn sals. LEP-97-3. 45 NRC 99 (1997) 3 i
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f' ARKANSAS NUCll.AR ONE. Umu I and 2. Duches Nos 2 313. 4 368. 72-13 REQUEST R)R ACTION; March 4.1997; DIRECTOR'S DiflSION UNDEi 10 CIR. 62.206; DD97-5. 45 NRC 135 (19971 CLAtBORNE ENRICHMENT CENTER; Duches No 743074ML CONSTRUCTION PERMIT-OPERATING UCENSE PROCLEDING. Mach 7.1997. PARTIAL INITIAL DECISION (Resolvmg Cmmenhams B and J.3). LSP-97-3. 45 NRC 99 (1997)
MATERIALS UCENSE. January 29. 1997 ORDER. CLI-97-2. 45 NRC 3 0997)
M ATERIA1.5 UCEN5 E; Fetruwy 13. 1997; ORDER. CU-97-3. 45 NRC 49 (1997)
MAT 1.RIA13 UCENSE Much 21. 1997; ORDER; CU 97 4. 45 NRC 93 0997)
CUN10N POWER STATION, Umt 1. Docket No 5046th j
OPE RATING UCIWSE AMENDMENT; March II.1997; MEMORANDUM AND ORDER l
(Tenrunaung Proceedmg). LBP-97-4. 45 NRC 125 0997) l DAVIS BESSE INDEPENDENT SPENT IUEL STORAGE INSTALLATION. Docket Nos. 50-346 l
72-10(e4 i
REQUEST FOR ACTION. February $.1997. DIRECTOR'S DECISION UNDER 10 CFJL 8 2.20 I
DD97 3,45 NRC 73 0997)
I HATCt 't'CU.AR PLANT Usuis I and 2. Docket Nos W4:4. 50 425 0.
'ST FOR ACTION. March 18. 1997 DIRECTOR'S DEC'510N UNDER 10 Cf.R. 8 2.206.
j
> " 5. 45 NRC 144 0997)
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h?U %.s SUCtJ.AR POWER STATION. Unit J. DD 974. 45 NRC B6 0997) l RICULST FOR ACTION. February 11. 1997 DIRECTOR'S DECISION UNDE.R 10 CF.R. I2.206; DD-97-4. 45 NRC 86 09" h OYSTER CREEK NUCLEAR GENERATING STATICM. Ducket No. 54219 0LA OPERATING UCENSE AMENDME.NT; January 31.1997 MEMORANDUM AND ORDER (Rahng ca Summary Disposanos Monos). LSP-97 l. 45 NRC 7 0997)
PAUSADES NUCLEAR PLANT Docket Ne-7255. 72M RIQUEST FOR ACTION. January 23. 1997 DIRECTOR'S DECISION UNDEP 10 Cf.R. 62.206; DD-97 l. 45 NRC 33 0997)
Rf4UEST FOR ACTION. March 4.1997. DIRECTOR'S DfftSION UNDER 10 Cf.R. 5 2.206 DD 97-5. 45 NRC 135 09971 PO-!NT BEACH NUCLLAR PLANT Umis I and 2. Docket Nos %266. 4301. 72 5 RESULST FOR ACTION, March 4.1997. DIRIf70R'S DECISION UNDER 10 CT R. 5 2.206.
DD97 5. 45 NRC 135 09V71 VOGTLI E.LEC11 tlc GENERATING PLANT Umts I and 2. Docket Nos. 2 321. 2 366 REQUEST FOR ACTION; March 18. 1997. DIRECTOR'S DECISION UNDER 10 C.F.R. (2.M; l
DD974. 45 NRC 144 0997)
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ATTACHMENT 13 ACH VENDOR /MISCELLANEO.,. m....-...
ENROLLMENT FORM 1
This form is used for Automated Clearing House (ACH) payments with an addendum record that Contains payment-r: lated information processed through the Vendor Express Program. Recipients of these payments should bring this nformation to the attention of their financialinstitution when presenting this form for Completion.
PRIVACY ACT STATEMENT l
The following information is provided to comply with the Privacy Act of 1974 (P.L.93-579). All information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 210.
This information will be used by the Treasury Department to transmit payment data, by electronic
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means, to vendor's finar.cial institution. Failure to provide the requested information may delay or prevent the receipt of payments through the Automated Clearing House Payment System.
AGENCY INFORMATION i
j FEDERAL PROGRAM AGENCY
' ' NUCLEAR REGULATORY COMMISSION
+
t i 4cvocume natucy tocanos coot inte:
aes:aonun l
NRC 31000001 0 CCD+
0 cTx 0 cm
{ ADDRESS DIVISION OF ACCOUNTING AND FINANCE, Mall STOP T-9 H4 WASHINGTON, DC 20555-000t i
CONT ACT PERSON NAME TELEPHONE NUMBER FINANCIAL OPERATIONS SECTION
]
( 301 ) e 15 - 7520 PAYEE / COMPANY INFORMATION NAME
&&N NO. OR TAXPAtIR 10 NO.
l ADDRESS CONTACT PERSON NAME:
TELEPHONE NUMBER:
l
(
)
FINANCIALINSTITUTION INFORMATION l
NAME ADDRESS l
ACH COORDINATOR NAME:
TELEPHONE NUMBER:
(
)
I NINE DIGIT ROUTING TRANSIT NUMBER:
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DEPOSITOR ACCOUNT TITLE:
DEPOSITOR ACCOUNT NUMBER:
LOCK BOX NUh6ER:
ACH FORMAT:
CHECKING SAVINGS LOCK BOX SIGNATURE AND TITLE OF AUTHORIZED OFFfC1AL-1ELEPHONE NUMBER:
(
)
QQQg m usmsaowan mm
i Instructions for Completing SF 3881 Form
- 1. Agenev information Section - Federal agency prints or type:: the name and address of the Federal Program agency originating the vendor / miscellaneous payment, agency identifier, agency location code, contact person name and telephone number of the agency. Also, the appropnate box for ACH format is checked.
- 2. Payee / Company Information Section -- Payee prints or types the name of the i
payee / company and address that will receive ACH vendor / miscellaneous payments, social security or taxpayer ID number, and contact person name and telephone number of the payee / company. Payee also verifies depositor account number, account title, and type of account entered by your financial institution in the Financial Institution information Section.
- 3. Financial Institution Information Section - Financial institution pints or types the name and 1
address of the payee / company's financialinstitution who will receivre the ACH payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor (payee / company) account title and account number. Also, the b
- for t,,e of account is i
checked, and the signature, title, and telephone number of we appropriate financial institution official are included.
Burden Estimate Statement The estimated average burden associated with this collection of Information is 15 minutes per respondent or record keeper, depending on individual circumstances. Comments conceming the accuracy of this burden estimate and suggestions for reducing this burden shculd be directed to the Financial Management Service, Facilities Management Division, Property and Supply Banch, Room B-101,3700 East-West Highway, Hyattsville, MD 20782, and the Office of Management and Budget, Paperwork Reduction Project (1510-0056), Washington, DC 20503.
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t Instructions for Completing SF 3881 Form
- 1. Agency information Section - Federal agency prints or types the name and address of the Federal Program agency originating the vendor / miscellaneous payment, agency identifier, agency location code, contact person name and telephone number of the agen::y. Also, the appropriate tiox for ACH format is checked.
- 2. Payee / Company Information Section -- Payee prints or types the name of the payee / company and address th::t will receive ACH vendor / miscellaneous payments, social secunty or taxpayer ID number, and contact person name and telephone number of the payee / company. Payee also verifies depositor account number, account title, and type of account entered by your financial institution in the Financial Institution information Section.
- 3. Financial Institution Information Section - Financial institution prints or ys 1 the name and address of the payee / company's financialinstitution who will receive the M'4 payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor (payee / company) account title and account number. Also, the box for type of account is checked, and the signature, title, and telephone number of the appropriate financial institution official are included.
Burden Estimate Statement The estmated average burden associated with this collection of Information is 15 minutes per respondeat or record keeper, depending on individual circumstances. Comments conceming the accurscy of this burden estimate and suggestions for reducing this burden should be directed to the Financial Management Service, Facilities Management Division, Property and Supply Branch, Room B-101,3700 East-West Highway Hyattsville, MD 20782, and the Office of Management and Budget, Paperwork Reduction Project (1510-0056), Washington, DC 20503.
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