dEePNic9iwi E'

- _ _ _ _ _ _ - _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ - _

/ 'Act o'

ta 26 1966

c m = 5iv.,c.niC,ii.i.ici

f i Xxxx.xx r o.Ci5 ADSiw.X.xxX. AliON

no eeoC.e

.AWARD / CONTRACT 1 |14

i. con m a (r,x.xxx.xx,.s.> No.

2. erovisiiioNirveCHA5e enou Si/eso>iCi No. 4. Ca siiri D eon N AiioNAL DisiN5: uNDie eDSA

* NRC-21-83-426

dEePNic9iwi E'

RFPA No. ASB-83-426

"c > AND'o' Du5 "c '.

= A > 'No .

3. ISSUED BY CODE 6. ADuiNiSitalD BY

(If . sher than xx.xx 3)

U.S. Nuclear Regulatory Commission

~. Division of Contracts

Washington, DC 20555

(UDE|

7. DLL

9 s Di$1h

E "o'"' "vier

OT se

0 ><'. > r s,,

s. COHiRACTOR CODE | | FAC,LfTY CODE | 9. DISCOUNT POR reouPT PAvutNT

NAME AND ADDRES$ '

Xx. Xxxxxx Xxxx

(sirut. <iri. 000 Xxxxxxx Xxxxx

""Jiif"1; Danville, CA 94526

10. SUBM11 INVOICE 5 (d s ep,a s = =le n et Aaree nt

sper,) Sed) TO ADDats$ SHowN IN MOCK

11. 5Hir 10/ MARK FOR CODE | | U12..SPA.YfMluEcNTleWaitrt BRE eMgAuDElaBtYory Commission CODE |

= Division of Accounting and Finance, ORi1

Attn: GOV /COM Accounts

Washington, DC 20555

is. im5 nOCunurNT wiS O ADvin'SiD. Q Nicof'>1rD. rua5uANT To,

' v 5 c ' ' ' < '' i

Section 191 of the Atomic Energy

14. ACCoVNitNG AND APPROPRIATION DATA

D di u S c. 232 c.x15 ) Act of 1954, as amended _

Amount

B&R No.: 70-19-04 FIN No.: B8184 Appropriation No.: 31X0200.703 31,500.00

16.	17.	18	19.	20.
SUPPilE 5 / 5E 8veCf 5	oU ANilTY	uNii	UNii PRICE	A uOUNT

IS.

lit u NO.

To p'rovide expert, technical, professional ser- Estimated

- vicc in the capacity of an Administrative

Juo9. on the Nuclear Regulatory Commission's

Labor .....

$20,000.00

Atomic Safety Licensing Board Panel. Services shall be performed in accordance with Article I - STATEMENT OF WORK.

Travel $10,000.00

laterial/Sup -

; port Ser-

| vices $ 1,500.00

$ 31,500. 00

Type of Contract,:

Time and Materials - '-- Fully Funded

9309200606 030909

PDR CONTR

Esti.mated

Ti. NRC-21-83-426 PDR Toi4L AMouwT of CONTRACT $ 31.500JO

CONTRACTING OTHCER IVILL COMPLETE BLOCK n OR 2C A5 AI'PUCABLE

22. G CON 1aAClon 5 NtoossAsnD AannemnNT (x.xx,aa.r is requierd o. sign

2 s. Aw AnD (c.nuraa.r is ..e vaquired as as n shis Ju ,arer.; v . e in r,

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21 NME OF CONitAC108

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27. UNII[ STATT5 OF AM RICH - r

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(5.s s *tp.. a . x .xxxx..eap y g5 9a ,,.. . C, .x.xx o%.,3

24. NAMI AND TITLE OF SIGNit (Type xx xxxxx) 23 DATE SIGNED 28. N AME Of CONiB ACitNG OFlicia (l efse .e prs.t) 29. Dait SiCNtD

. ,

T J 'l ( . ' v *[* /, //,4 7 Xxxx Xx Xxxxxx

f0 000 / U.S. ..t% f .av , *. i F R t N119.G Of f l CE . 19 76 2CC. , p e

' ' ' '

Page 2 of 14

, . .

Article I - STATEMENT OF WORK

The Contractor shall serve as an Administrative Judge for the Nuclear

Regulatory Commission (NRC) on the Commission's Atomic Safety and Licensing Board Panel (ASLBP). In that capacity he or she shall attend public hearings, listen to the proceedings, ask appropriate questions and participate in .

rendering appropriate oral and written opinions and orders. He or she shall

also write, along with fellow judges an Initial Decision and, when appropriate, Partial Initial Decision (s) which shall bear his or her signatur'e as a member of the Board. Initial Decisions and/or Partial Initial Decisions shall be sub-

mitted to the Chief Administrative Judge. He or she shall perform any other

duties appropriate to membership on the Panel and as directed by the Commission, Chief Administrative Judge, or his properly authorized designees. In carrying out the foregoing duties, the Contractor is required to use independent knowledge and judgment. The Contractor shall not substitute any other person's view or knowledge, including the views and knowledge of other Board members. The Con- tractor shall perform these services pursuant to a written document signed by

the Chief Administrative Judge or his duly authorized designee and presented

by the same. Contractor shall travel as necessary to perform his or her duties.

Article II - PERIOD OF PERFORMANCE

The period of performance for the work specified hereunder shall commence as

of the effective date of this contract and shall expire twelve (12) nonths

thereafter.

This contract anticipates that the NRC will require the Contractor'.s services

for approximately eighty-two days during the contract period.

Article III - CONSIDERATION AND PAYMENT

A. For the services rendered hereunder, the Contractor shall be reimbursed on

a pro-rata basis at the hourly rate of $30.67, not to exceed $245.36

per day.

B. The following ceiling amounts are hereby established and shall not be

exceeded by the Contractor in performance of work required hereunder.

Ceiling Amount Category

$20,000.00 Labor - Xx. Xxxx'x Services

$10,000.00 Travel - Commensurate with Duties Assigned

$ 1,500.00 Material / Support Services - Office supplies and

Secretarial Support

C. The present estimated cost of the work under this contract is $31,500.00.

The amount presently obligated by the Government with respect to this contract

' is $31,500.00.

- - -

, . .

f;RC-21 -83-426

Page 3 of14

Article III - C0fiSIDERATI0f4 Af4D PAYliEtiT (Con't)

D. Labor Costs

(1) The amount due shall be computed by multiplying the hourly rate, set forth hereunder by the number of direct labor hours performed. Fractional parts ' of an hour shall be payable on a pro-rata basis. Vouchers may be submitted

once each month (or at more frequent intervals, if approved by- the Contracting

Officer), to the Contracting Officer or his designee. The Contractor will substantiate vouchers by evidence of actual payment and by individual daily job timecards, or such other substantiation approved by the Contracting Officer. Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in the contract, and subject to the provisions of (H.) below, make payment thereon as approved by the Contracting Officer.

(2) Unless otherwise set forth in the Schedule, five percent (5%) of the amount due under this paragraph (D.) shall be withheld from each payment by the Contracting Of ficer but the total amount withheld shall not exceed $5,000.00..

Such amounts withheld shall be retained until the execution and delivery of

a release by the Contractor as provided in paragraph (I.) hereof.

E. Materials / Support Services

(1) Allowable costs of direct materials shall be determined by the Contracting Officer in accordance with Section 1-15 of the Federal Procurement Regu- lations in effect on the date of this contract. The Contractor shall be re-

imbursed for items and services purchased directly for the contract only

when cash, checks, or other forms of actual payment has been made for such purchased items or services. ~

Direct materials, as referenced by this clause, are defined as those materials which enter directly into the services specified hereunder, or which are used or consumed directly in connection with the furnishing of such product /or services.

(2) The cost of subcontracts which are authorized shall be reimbursable costs

hereunder, provided such costs are consistent with subparagraph (3) below.

Reimbursable cost in connection with subcontracts shall be limited to the amounts paid to the subcontractor in the same manner as for items and services purchased directly for the contract under subparagraph (1) above. The require- ment of payment for reimbursement shall not apply to the Contractor who is a small business concern. Reimbursable costs shall not include any costs arising from the letting, administration, or supervision of performance of the subcon- tract, which costs are included in the hourly rate or rates payable under

(D.) (1) above,

NRC-21-83-426

* * * - Page 4 of 14

. . .

- (3) The Contractor shall to the extent of his ability, procure materials at the

most advantageous prices available with due regard to securing prompt de-

. livery of satisfactory materials, and take all cash and trade discounts,

rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of such benefits, it shall promptly notify the Contracting Officer to that effect, and give the reason therefor. Credit shall be given to the Government for cash and trade discounts, rebates, ' allowances, credits, salvage, the value of resulting scrap when the amount

of such scrap is appreciable, commissions, and other amounts which have been

accrued to the benefit of the Contractor, or would have so accrued except

for the fault or neglect of the Contractor. Such benefits lost through no

fault or neglect on the part of the Contractor, or lost through fault of the

Government, shall not be deducted from gross costs.

F. It is estimated that the total cost to the Government for the performance of this contract will not exceed the ceiling price set forth herein, and the Contractor agrees to use his best efforts to perform the work specified

under Article I and all obligations under this contract within such ceiling

price. If at any time the Contractor has reason to believe that the hourly

rate payments and material costs which will accrue in the performance of

this contract in the next succeeding thirty (30) days, when added to all other payments and costs previously accrued, will exceed eighty-five percent (85%) of the ceiling price set forth herein, the Contractor shall notify the Contracting Officer to the effect giving his revised estimate of the total price to the Government for the performance of this contract, together with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for the performance of this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving his/her revised estimate of the total price for the performance of this contract; together with supporting reasons and documentation. If at any time during tht performance of this contract, the

Government has reason to believe that the terK to be required in the performance of this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the con-

tract.

G. The Government shall not be obligated to pay the Contractor any amount in

excess of the ceiling price set forth herein, and the Contractor shall not

be obligated to continue performance if to do so would exceed the ceiling price set forth herein, unless and until the Contracting Officer shall have notified the Contractor in writing that such ceiling price has been increased and shall have specifed in such notice a revised ceiling which shall there- upon constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth herein has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price prior to the increase shall be allowable to the same extent as if such hours expended and materials costs had been incurred after such increase in the ceiling price.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _

NRC-21-83-426

- - Page 5 of 14

. . ,

* H. At any time or times prior to final payment under this contract the Contracting Officer may cause to be made such audit of the invoices or vouchers and sub- stantiating material as shall be deemed necessary. Each payment theretofore

' made shall be subject to reduction to the extent of amounts which are found by

the Contracting Officer not to have been properly payable, and shall also be subject to reduction for overpayments, or to increase for underpayments, on preceding invoices or vouchers. Upon receipt and approval of the voucher or .

invoice designated by the Contractor as the " completion voucher" or " completion -

invoice" and substantiating material, and upon compliance by the Contractor with all provisions of this contract the Government shall as promptly as may be practicable pay any balance due and owing the Contractor. The completion invoice or voucher, and substantiating material, shall be submitted by the Contractor as promptly as may be practicable following completion of the work under this contract, but in no event later than one (1) year (or such longer period as the Contracting Officer may, in his discretion, approve in writing) from the date of such completion.

I. The Contractor and each assignee, under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following

exceptions:

(i) specified claims in stated amounts, or in estimated amounts where

the amounts are not susceptible of exact statements by the Contractor;

and

(ii) claims, together with reasonable expenses incidental thereto, based upon the liabilities of the Contractor to third parties arising out of the performance of this contract, which are not known to the

Contractor on the date of the execution of the release, and of

which the Contractor- gives notice in writing to the Contracting Officer not more than six (6) years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make. final . payment, whichever is earlier.

X. The Contractor agrees that any refunds, rebates, or credits (including any interest thereon) accruing to or received by the Contractor or any assignee, which arise under the materials portion of this contract and for which the Contractor has received reimbursement, shall be -paid by the Contractor to the Government. The Contractor and each assignee, under an assignment entered into under this contract and in effect at the time of and as a con-

dition precedent to final payment under this contract, an assignment to the Government of such refunds, rebates, or credits (including any interest

thereon) in form and substance satisfactory to the Contracting Officer.

K. Cost Information

The Contractor shall maintain current cost information adequate to reflect the

, cost of performing the work under this contract at all times while the work is in progress, and shall prepare and furnish to the Government such written estimates of cost and information in support thereof as the Contracting Officer may request.

' - -

, , ,

NRC-21-83-426

Page 6 of 14

' . L. Records

The Contractor shall keep and maintain records and books of account which show accurately, and in an adequate manner, the basis for receiving compensation under this contract. The Contractor shall preserve said records and books'

of account for a period of three (3) years after the date of final payment

under this contract. The Commission shall at all reasonable times, prior to and after the date of final payment under this contract, have the right to examine and make copies of such records and books.

Article IV - CONTRACT' CEILING

The contract cost ceiling for perf6rmance of work under this contract

has been established at $31,500.00. The ceiling may be increased by the Contracting Officer at his/her discretion from time to time by notice to the Contractor in writing. The Contractor shall notify the Contracting

. Officer promptly, in writing, when the' Contractor believes that the cost ceiling is insufficient. When and if the amount (s) paid and payable to the Contractor under the contract shall equal the contract cost ceiling, the Contractor shall not be expected to perfona further unless the Contracting Officer increases such ceiling in an amount sufficient to , cover additional work thereunder. The Government shall not be oblidged to pay the Contractor any amount in excess of such ceiling. If and to the extent that the Contracting Of ficer increases the ceiling, any cost incurred by the Contractor in performance in excess of the ceiling prior to its increase shall be allowable to the same extent as if such costs had been incurred after

such increase in the ceiling. In no event shall rates applicable to the option year

hereunder exceed the then current: (a) maximum rate payable for a GS-18, (b) rates

established under the FTR, and (c) actual anticipated costs incurred for materialf

support, etc.

Article V - OPTION TO EXTEND THE' PERIOD OF PERFORMANCE _

The NRC may request the Contractor to provide one year of additional

services in accordance with Article I.- The Contracting Officer.may

| exercise this option by giving written notice of the Government's

exercise of such option to the Contractor not .later. than the last day

of the term of the contract. The Contracting Officer may give preliminary

written notice of an. intent to exercise such option within thirty days

prior to the last day of the term of the contract; such preliminary notice ,

, shall not be construed as an exercise of the option. If the Government

! exercises such option, the total duration of this contract, including

the exercise of any option under this clause, shall not exceed two years.

Option year rates for services to be rendered, . travel comensurate with assigned duties, and materia _1 support services (i.'e. office supplies and secretarial sup- port) shall be renegotiated prior to exercising this option.

_ - - _ . _ .. . .

- - -

;

, ,

NRC-21-83-426

Page 7 of 14

Article VI - TRAVEL REIMBUP.SEMENT

Total expenditure for domestic travel shall not exceed $10,000.00 without the prior approval of the Contracting Officer. The Contractor will be reimbursed for the following reasonable domestic travel costs incurred

directly and specifically in the performance of this contract and accepted ,' -

by the Contracting Officer:

1. Per tiiem shall be reimbursed at a daily rate not to exceed $50.00 which is comprised of lodging expense and an amount up to $23.00 for meals and miscellaneous expense.

2. When travel is to one of the.high-rate geographical areas listed in the

General Services Administration Schedule, actual subsistence costs shall be reimbursed at a daily rate not to exceed the prevailing established Government rate set forth in the GSA Schedule.

3. The cost of travel by privately owned automobile shall be reimbursed

at the rate of 20.5c per mile.

4. The cost of travel by rented automobile shall be reimbursed on a

reasonable actual expense basis.

5. _ All common carrier travel reimbursable hereunder shall be via economy class rates when available. If not available, reimbursement vouch ~ers will be annotated to show that economy class accommodations were not available. First-class air travel is not authorized.

6. keceipts are required for common carrier transportation, lodging

and miscellaneious items in excess of $25.00.-

7. The rates provided hbove shall remain in e'ffect T. rom- the date.idf tthis contract until such time ~ as a change (increases wdecreases) in~ the Federal Travel Regulations (FTR) occurs.

Article VII - PROJECT OFFICER

Xxxxxxx Xxxxx is hereby designated as the Contracting Officer's Project

Officer (P0)^ for technical aspects of th.s contract. The PO-is not

authorized to approve or request any action which results in or could result in an increase in contract costs, ~ or-to terminate or settle any claim or dispute arising under the contract, or issue any unilateral

directive whatever.

The P0 is responsible for: (1) receiving ~and reviewing the Contractor's claims foi' services rendered and (2) assisting the Contractor in the reso.lution of administrative / managerial problems encountered during perfonnance. Within

the purview of this authority, the P0 is authorized to review all custs

requested for reimbursement by Contractor and submit recomendations for approval, disapproval, or suspension for supplies / services required under the contract. The Contracting Officer is responsible for directing or negotiating

any changes in terms, conditions, or amounts cited in the contract.

- -

* NRC-21-83-426

. Page 8 of 14

. .

' Article VIII - DELIVERABLES / PLACE OF DELIVERY

All deliverables specified under Article I of this contract shall be submitted to:

Chief Administrative Judge

Nuclear Regulatory Commission

Atomic Safety and Licensing Board Panel -

4 g Washington, DC 20555

Article IX - GENERAL PROVISIONS / ALTERATIONS

This contract is subject to the attached provisions of Appendix c , General

Provisions, entitled " Time End Material / Labor Hour Contracts." - -

. . . _

The following Articles are added and made a part of the General Provisions:under

Article 2 - Payments:

2.1 Interest on Overdue Payments

~ (a) The Prompt Payment Act, Public Law 97-177 (96 STAT. 85, 31 USC 1801)

is applicable to payment of the expiration invoice under this contract.- and requires the payment to contractors of interest on overdue payment of the expiration invoice or improperly taken discounts.

(b) Determination of interest due will be made in accordance with the

provisions of the Prompt Payment Act and Office of fianagement and

Budget Circular A-125. - -

.(c) For purposes of this clause, an expiration invoice is defined as a

claim submitted for costs incurred for performance through the

expiration date of a Time and Materials Type contract.

2.2 Payment Due Date

(a) Payments under this contract will be dDe on 30 calendar days after

the later of: - ..

- (1) The date of actual receipt of a proper invoice (original and

; 4 copies) addressed to U.S. Nuclear Regulatory Commission,

Division of Accounting and Finance, Office of Resource Management,

; Attn: GOV /COM Accopnts Section, Washington, D.C. 20555.

| (2) The date the deliverable product (s) performed are accepted

by the Government.

(b) For the purpese of determining the due date for payment and for no

other purpose, acceptance will be deemed to occur 1- 0 calendar

- days after the date of delivery of the deliverable product (s)/ services

performed in accordance with the terms of the contract.

the date payment is made.

* * '-

ItRC-21-83-425

P. age 9 of 14

. . .

. 2.3 Invoice Requirements

An original Invoice shall be submitted to the U.S. Ruclear Regulatory Commission,'

- Division of Accounting and Finance, Office of Resource Management, Attn: GOV /COM Accounts Section, Washington, D.C. 20555.

To constitute a proper invoice, the invoice must include the following

- information and/or doCJmentation: .

1. flame, address and date of invoice submittal; -

2. Contract number;

3. Description of services rendered including all pertinent information

related to the service as follows:

a. actual hours of service and dates incurred;

b. case name and docket name;

c. type of service performed (prehearing; hearing; preparation of Initial Decision or Partial Initial Decision; attendance at meetings with the Panel, or Chainnan, travel, etc.); and

d. Other substantiating documentation or info'rmation as required by

the contract.

. -

(Travel reimbursement claims shall be submitted with the invoice for hours

of service related to the travel.)

. . .

. .

NRC-21-83-426

Page 10 of 14

, Article X - CONFLICTS OF INTEREST

(a) Purpose. ' The primary purpose of this clause is to aid in

i ensuring that the contractor: (1) Is not placed in a conflicting role

because of current or planned interest (financial, contractual, organizational,

or otherwise) which relate to the wrk under this contract, and (2) '

does not obtain an unfair competitive advantage over other parties by

virtue of its performance of this contract. -

'(b) Scope. The restrictions described herein shall apply to

performance or participation by the contractor as defined in 41 CFR

; 5 20-1.5402(f) in the actitities cov.ered by this clause.

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

The contractor shall ensure that all employees who are cmployed full

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

(d) Disclosure ~ after award. (1) The contractor warrants that to the best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 5 20-1.5402(a).

(2) The contractor agrees that if after award it discovers organizational. conflicts of_ interest with. respect. to, this. contract, it shall make an. -- - imediate and full- disclosure in writing to the contracting officer. _ This statement shall include a description of the action which the.

contractor has taken or proposes to take .to avoid.or mitigate .such

" conflicts. The NRC rhay, ~however, tenninate the contract for convenience

if it deems such termination to be in the best interests of the government.

(e) Access to and use of information. (1) If the contractor in the performance of this. contract obtains access to -infonnation, such as NRC plans, policies, reports, studies, financial plans, internal- data

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

not been released to the public, the co'ntractor agrees not to: (1) Use

such information for any. private purpose until the infc,rmation has been ,

released to the public; (ii) compe.te for work for the Conmission based t

,, , , - . , , _ _ _ _ _ _ . . . _ - , , - - - - - .. .-, -

_ _ _ _ _ _ _ _ _ _ _ _

- ' .. -

NRC-21-83-426

Page 11 of 14

.- . .

on such information for a period of six (6) month's af ter either the

completion of this contract or the release of such information to the

public, whichever. is first, (iii) submit an unsolicit.e.

such information to the public, or (iv) release the information without

prior written approval by the contracting officer unless su~ch information

~ has previously been released to the public by the NRC.*

d propos

(2)

In addition, the contractor agrees that to the extent it

receives or is- given access to proprietary data, data protected by the Privacy Act of 1974.(Pub. L. 93-579), or other confidential or privileged technical, businest., or financial information under this contract, the

contractor shall treat such information in accordance with restrictions

placed on use of the information.

(3)

The contractor shall have,-subject to patent and security

provisions of this contract, the.right to use technical data it produces

under this contract for private purposes provided that all requirements

of this contract have been met.

(f) Subcontracts.

Except as provided in 41 CFR 5 20-1.5402(h), the

subcontracts of any tier.

contractor shall include thTishecltaeurmses, "inccolnutdraincgt,"th"icsopnatrraacgtroar,p"ha,nind

" contracting officer," shall be appropriately modified to preserve the

;gsvernment's rights.

(g) Remedies.

For breach of any of the above proscriptions or for

intentional nondisclosure or misrepresentation of any relevant interest

required to be disclosed concerning this contract or for such xxxxxxx.xx .

representations as.necessarily imply bad faith, the ---government

, subsequent contractual efforts, and pursue other remedies as inay be

permitted by law or this contract. -

(h) Waiver. A request for waiver under this clause shall be

directed in writing through the contracting officer to the Exe

in520-1.5411.

- _ _ _ _ _ _ _ - - _ - - - - _

o Rl%E 2 T W P'f'D

- *~ - Page 12 of_ IL

' REPRESENT AllONS,CER11FICATIONS AND ACKSOWLEDGMENTS

TEPRESENT AT|0NS (Check or complete allapplicable bones or blocks.)

Uhe of f;rcr represents as part of his offer that:

X. XX XXx, BUSIN ESS ISee par.14 on SF 33-A.)

.H%s, O is not, a small business concern, if of feror is a smayll biness concern and is not the rnanuf,acturer of the supplies of

he als3 represents that all supplies to be furnished hereunder O wil

will not, be manuf acturered or produced by a senaff business concern

in th] Unit;d States,its possessions,or Puerto Rico, ,

D. MINORIT_YJUSINESS ENTERPRISE

H2 O is,U,is not, a minority business enterprise. A minority business enterprise is defined as a " business, at least 50 percent of which'

is owned by rdinority group members or,in case of publicly owned businesses, at least 51 percent of the stock of whi h is owned by minority

(poup m:mbers." For the purpose of this definition, minority group members are Negroes, Spanish speaking American persons,

AmeriC:n Orientals American Indians, A nerican Eskimos, xxx American Aleuts.

3. REGULAR DE ALE R - MANU F ACTUR[R (Applicable only to supply contracts exceeding S10,000.)

Ha is a O regular dealer in O manufacturer of, the supplies of fered.

4. CONTINGENT FEE (Seepar.15 on SF 33-A.)

(s) He O hasghas not, employed or retained any company or persons (other than a /ull-time bona //c.'c employee wor Aing solely (or

the o//er;r) to solicit or secure this contract, and (b) he O has%as not, paid or agreed to pay any company or person (other than a /ull.

xxxx xxxx (ide employee working solely for the o//cror) any f ee, commission, percentage, or brokerage fee contingent upon or resulting from the zward cf this contract; and agrees to furnish information relating to (a) and'(b) above, as requested by the Contracting Officer,(Interpie. tation of the representation including the term " bona fide employee,"see Code of Federal Regulations, Title 41, Subpart 1 1.5.)

5. TYPE OF BUSINESS ORGANIZATION

H2 operates as O an individual, O a partnership O a nonprofit organization,hdorporation, incorporated under the laws of the S

G. AFF1L1 ATION AND IDENTIFYING DATA (Applicable only to advertised solicitations.)

Each of fesor shall coiripiete (a) and (b) if applicable, and (c) below:

f (a) He O is, not, owned or controlled by a parent comoany. (See par.16 on SF 33 A.)

I (b) If the offeror is owned or controlled by a parent company, he shall enter in the blocks below th( name and main office ar' dress of

th2 p; tent company:

NiMt of PTAE NT COMPANY i

LNo MisN orrICE AcoRts5 -

. ~. m .

een tuvLostR s iotN1er CA1\oN NuMBEntstE PAR rr.on sF 3% As oUt RoR s k r No PARikt CoMD' ANT $ t i No

7. EQUAL OPPORTUNITY

(i) He O has, as not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause herrm.

th2 ciruse originally contained in section 301 of Executive Order No.10925, or the clause contained in Section 201 of Executive Order N 11114; that he O has, has not, filed all stquired compliance reports; and that representations indicating submhsion of required compte.m reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The abose representation need not be submittni connection with centracts or subcontracts which are enempt from the eq'Ja! opportunity clause.)

(b) The bidder (or offeror) represents that (1) he O has developed and has on file, O has not developed and does not have on file,

cach Establishment' affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 601 and 60 2)

(2) h2 O has not previously had contracts subject to the written af firmative action programs requirement of the rules and segolationsof a

Sect?ary of Labor. (The above representation sha!! be completed by each bidder (or of/eror) whose bid (of/er) is S50,000 or xxxx and nha .*,

50 or mnre employees.)

~ CERTIF| CATIONS (Ct xxx or complete all aonticable boxe: or blocksi

1. BUY AMERICAN CERTIFICATE

Th2 of f;ror certifies as part of his of fer, that: each end product, except the end products listed below, is a domestic end proitutt (as defm

in the c/Xxxx entitled '' Buy American Act");and that components of unknown origin have been considered to have been m xxx, produmit,

manuf ctured outside the United States. ._

titCsuot o ENo PRoouCTS

CouNIR* or oRiGtN

_ _ _ _ _ _ _ _ _ _ _ _

2, .CLi'AN, AIR AND WATER (Applicate if the bid or olier exceeds 5100,000,or the contracting viliier has'rictermitied 'stiTe%Tders under cn ir dclinite quantity contract in any year will escced S100,000, or a facility to be used has I ccn the subject of a conviction under the' Clean Air Act (42 U.S C.1857c.8(c)(1))or the federal Xxxxx Pollution Control Act (33 US C.1319(c)) and in listed by EPA,

or is not otherwise earmpt.)

The bidder or of feror certifies as follows:

(a) Any facility to be utilized in the performance of this proposed contract O has,Ms xxx, been listed on the Environmental

Petitetion Agency List of Violating fmlities.

*(b) He will promptly notify the contracting of ficer, prior to award,of the receipt of any communication from the Director, Office of x Xxxxxxx Activities, Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the

t:ntract is under consideration to be fisted on the EPA list of Violating Facilities.

, (

3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (Seepar.18 on SF 33 A)

)

fa) By submission of this offer, the offeror certifies, and in the case of a juint offer, each party 'thereto certifies as to its own

orgtnization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication, n' tagreement, for the

purpose cf restricting competition, as to any matter relating to such prices with any other of feror or with any competitor:

(2) Unless otherwise required by law, the prices which have been quoted in this offet have not been knowingly disclosed by the

offiror cnd will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the

case cf a negotiated procurement,directly or indi'ectly to any other offeror or to any competitor; and

(3) No a,ttempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit

of fir for that purpose of restricting competition. ,

(b) Each person signing this of fer certifics that: '

(1) He is the persors in the offeror's organization responsible within that organisation fr the decision as to the prices being

offered xxxxxx and that he has not participated, and will not participate,in any action contrary to (a)(1) through (a)(3), above;or .

(2) (i) He is not 'the person in the offeror's organization responsible within that organization for the decision as to the prices being effe:Id herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that 3uch persons have not participated and will not participate, in any action contrary to (a)(1) through (a)(3) above, and as their agent does lctsby so ctrtif y;and (ii) he has not participated, and will not participate,in any action contrary to (a)(1) through (a)(3) above.

4. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contracts (2) subcontracts, and (3) agreements with

applicants who are themselves performing federally assisted construction contracts, exceeding S10.000 which are not exempt from

provisions of theFqualOpportunity clause.)

By the submission of this bid, the bidder, offeror, applicat, or subcontractor certifies that he does not maintain or provide for his

employrss any segregated facilities at any cf his establishments, and that he does not permit his employees to perform their servic 1:c: tion under his control,where segregated facilities are maintained.He certifies further that he will not maintain or provide for his employ. Es cny segregated facilities at any of'his establishments, and that he will not permit his employees to perform their services at any under his control,where segregated facilities are maintained.The bicider, of feror, applicant, or subcontractor agrees that a breach of this tification is a violation of the Equal Opportunity clause iri this contract. As used in this certification, the term " segregated facilities ** means

any waiting rooms, work areas, rest sooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other stor

dr:ssing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for

empl:yns which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin,becaus

xx xxxxx, local custom, or otherwise. He further agrees that

(except whe e he has obtained identical certifications from proposed

subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10.000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certificati:ns in his files: and that he will forward the following notice to such proposerf subcontractors (except where the proposed subcontrtctors have submitted identical certifications for specific time periods):

Nstice to prospective subcontractors of requirement for certifications of nonsegregated facilities.

A Czstification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding S10,000 which is not extmpt frgm the provisions of the Equr' Opportunity clause. The certifwation may be submitted either for each subcontract or for al! subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for maAing false offers is prescribedin TB

U.S. C. 1001. .

ACKNOWLEDGMENT OF AMENDMENTS

The efferor acknowledges receipt of amend. monts to the Sorcitation for offers and ietated documents nurribered and dated as follows:

autNouf NT NO oA1E aurNnuf NT No oast

The pen. atty

, NOTE: Oilers must set forth full, accurate and complete information as required by this Solicitation (including attachments).

for making false statements in offers is prescribedin 18 U.S.C.1001. Staricaed f orm 33 Page 3 tRLV 3 '

-. .. . . _ _ _ , -- .. - ,.

~ * - NRC-21-83-4?6

s ..

Page 14 of_ 14

. .. - *

. ,,

PART I -

Representations, certifications, and Acknowledgments - Continued SF-33 (Page 3)

5. WOMAN- WNED BUSINESS -

Concern is & is not woman-owned business. The business is publicly

* owned, a joint stock a's_sociation, or a business trust 6 yes $o.- The

business is 6 certified $ not certified. '

A woman-owned business is a business which is, at least, 51 percent owned, controlled, and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operated is defined as actively involved in the day-to-day management.

For the p'urposes of this definition, businesses which are publicly owned, joint stock associations, and business trusts are exempted. Exempted businesses may voluntarily represent that they are, or are not, woman- , owned if this infonnation is avcilable.

6. PERCENT OF FOREIGN CONTENT

The offeror / contractor will rcpresent (as an estimate), immediately after the awar'd of a contract, the percent of the foreign content of the item or service being procured expressed 'as a percent of the contract award price

/,venracy within plus or minus 5 percent is acceptable)..

7._ NON-DISCRIMINATION BECAUSE OF AGE CERTIFICATION (1-12.1001)

The offeror hereby certifies as follows: '

[ (a) In :the perfonnance of Federal contracts, he and his subcontractors shall not in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of xxx.xx employment, ' discriminate against persons

because of their ~ age except upon the basis of a bona fide occupa-

tional retirement plan, or statutory requirement, and

[(b) That contractors and subcontractors, or persons acting on t! heir

behalf, shall not specify, in solicitations or advertisements for ,

employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based on a bona fide occupational qualification, retirement plan,

, or statutory requirement.

8 CERT'IFICATION OF RECOVEftED MATERIAL.S (1-1.2504(b))

- The offeror / contractor certifies that recovered materials will be used

as required by specifications referenced in the solicitation / contract.

- _ _ _ _ _ _ _ _ _ _ _ _ _ O

[

* ;,. . ,a - - "

NRC-21-83 426 (-

, s._-

- ~ ~ ~

Page15,of15. ;

- . t

.. INTEREST 0

9. CONTRACTOR ORGANIZAdTbeIlieOf NthAatL: CONFLICTS Of F

. I represent to the best of my

ikinowledgoef aacno

r ct' or the 'I

-l .C.

#*<1 U

- involve f

, r n er/

does N es notet forth in 41 CFR paragraph

Tmheoawdaridfitocation of an existing contractsituations or rela

20-1.5403(b)(1). .

If the representation as comi

dpilcethtaeadtteinpsotethntaiatl osrigtuanaiztaiotionnsa'xxxx

If the Contracting Officer deter

ships of the type slleprtovfioderth in 41 CFRContracting conflicts exist, the offertoherfosllhowalnd.geasctcionrsibmeaysbeintakaen: concise ma tation to the Contracting Offidicseucrh.tchonafltictos,rganizational con

impose appropriate condftfons.which avo

(a)

j' (b)

disqualify the offeror, or

best interest of the Unitedwaiver

nder the

) .(c)

detennine that it is otherwise in theSt

]

5 20-1.5411.

i equired by s20-1.5404(b) or5404(c),'

i; .

Officer the facts required by 000-0.Xx, e nond

,, The refusal to provide the rtheeporeffsereonr tfaort aownarrd. h

[j upon request of the Contracting

nt interest may also result in t e

shall result in disqualificationl of d ; or if such nondisclosure or

{O sure or misrepresefntetraatwioarnd, othfearensyultirneg ceovnatradcitsmqauy alific

sd misrepresentation is discovered adisqualified from subsequents

be terminated; _The offeror may a~'l- so be

.Q]

related NRC contracts atniadl orbgaenizsatuionbajlecocntflicttostvs ide,

d by

Q '' ~

~- - -

ill be considered ' ~ -

MMd

The offeror may, becausetohfeacRtuFaPl osr

of interest, propo's<e to exclude spec

ppoecenifically hj~irohibits

E.%j

of work contained in an RFPl

unIlfethses'NARnCycosnusicdehrspthreopproo-sed exclu

L'J!3

- exclusion. ~

l or integral part of the required

LO by the NRC in the evaluatiotnhoef dpreotpriomsaenst.

of the competitive

posed excluded work to be an'essentia '

r:@:.dpfM ~

work and its exclusion weontuatliodn rweqouirrekd htoerepinowsitthure of

f,{

The offeror's failure to execute the repres- be cons

orrect the omission.

,. respect to invitation for bids xxxxxxx the offeror w

C.Q. .,

i equirement shall include

a. e*.

Any contract resulting fro1)mpraohsiboitilnicgitcaotntoranctrors from of

. O. ;

general clausNeotse: (4N1R' CCFCRo2n0tr-a1c.5to40r 4O-ergnag- naigziangtioi,n

Part IV as Attachment No. 1.

W@; j.

confitet of interest. Interest (41 CFR Part 20) is inc

Y-

,x. xx,(

'%_ ~~

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