Publications (WR) Water Resources

7-1966

Development, verification, and use of methods to model chemical Development, verification, and use of methods to model chemical

and thermal processes Lakes Mead and Powell and thermal processes Lakes Mead and Powell

Bureau of Reclamation

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Total Small Business Set-AsideSolicitation DV-00131

UNITED STATESDEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

Development, Verification, and Use of Methodsto Model Chemical and Thermal Processes

Lakes Mead and Powell

Negotiated Procurement

PART I

Section A

Award Form

STANDARD FORM 26, JULY 1966GENERAL SERVICES ADMINISTRATIONFED. PROC. REG. (41CFR) 1-16.101

1 . CONTRACT (Proc. Inst. Ident.) NO.

5. ISSUED BY CODE

2. EFFECTIVE DATE 3. REQUISITt

1000

D-810

treau of ReclamationTTocurement and Contracts Branch

P 0 Box 25007, Bldg. 67, Rm. 674Denver C1 80225

8. CONTRACTOR CODENAME AND ADDRESS

r(Strttt, city,county. Slate,and ZIP coat)

l_

11. SHIP TO/MARK FOR CODE

Same as block 5

13. THIS PROCUREMENT WAS f~) ADVERTISED, 0 NEGOTIATED, PURSUANT TO:

U. ACCOUNTING AND APPROPRIATION DATA

100 0065 8801 004 01 08231000 2510

15.ITEM NO.

0

16.SUPPLIES/SERVICES

AWARD/CONTRACT

ON/PURCHASE REQUEST/PROJECT NO. 4.

-l-l/DV-001316. ADMINISTERED BY

(If other than block })

FACILITY CODE

~]

_l

9

10

12. PAYMENT WILL BE MADE BY

Same as block 5

PAGE OF

1

CERTIFIED FOR NATIONAL DEFENSE UNDER BDSAREG. 2 AND/OR DMS REG. 1.RATING:

CODE 7. DELIVERY

| | NATION

OTHER (See| j below)

DISCOUNT FOR PROMPT PAYMENT

. SUBMIT INVOICES (4 copiesspecified) TO ADDRESS SHOW

CODE

unless otherwiseH IN BLOCK

[_] 10 U.S.C. 2304 (o)( )

0 4i u.s.c. 252 (cxlO (firm fixed price)

21.

17.QUANTITY

18.UNIT

19.UNIT PRICE

20.AMOUNT

TOTAl AMOUNT OF CONTRACT $

CONTRACTING OFFICER WILL

22. | | CONTRACTOR'S NEGOTIATED AGREE

to furnish and deliver all items or perforidentified above and on any continuation IThe rights and obligations of the parties toerned by the following documents! (a) this aand (c) such provisions, representations.

MENT (Contractor is required to n

ts to issuing office.) Contractor agrn oil the services set forth or otherwKeets for the consideration stated henthis contract shall be subject to and sward/ contract, (b) the solicitation, if acertifications, and specifications, asn. (Attachments are listed herei

NAME OF CONTRACTOR

BY(Signature of person authorized to sign)

24. NAME AND TITLE OF SIGNER (Type or print) 25. DATE SIG

COMPLETE BLOCK 22 OR 26 AS APPLICABLEgn 26. | | AWARD «.

>e> on Solicitation tise additionl or chiin. above, is herebyov- This award comny. Hie Governmenare further contract!**•)

"on tractor is not required to sign this document. ) Your offer

. includino theinges mode by you which additions or changes are set forth in fullaccepted as to the items listed above and on any continuation sheets,

ummates the contract which consists of the fallowing documents: (a)i solicitation and your offer, and (b) this award /contract. No

al document is necessary.

27. UNITED STATES OF AMERICA

BY(Signature of Contracting Officer)

NED 28. NAME OF CONTRACTING OFFICER (Type or print) 29. DATE SIGNED

26-105 A _1

CONTENTS

PART I - THE CONTRACT SCHEDULE

SECTION A - Award Form ,

Standard Form 26 A-lTable of Contents A-2

SECTION B - Supplies or Services and Prices

B-l Contract Type B-lB-2 Schedule B-l

SECTION C - Description/Specifications

C-l Purpose C-lC-2 Background C-lC-3 Existing Data C-2C-4 Available Information C-2C-5 Study Objective C-4

SECTION D - Packaging and Marking

Not Applicable

SECTION E - Inspection and Acceptance

E-l Review of Submittals E-l

SECTION F - Deliveries or Performance

F-l Submittals F-lF-2 Delivery Point F-lF-3 Performance Completion - Urgency Of F-l

SECTION G - Contract Administration Data

G-l Contractual Relationships G-lG-2 Technical Direction/Description of Contracting

Officer's Technical Representative G-l

SECTION H - Special Contract Provisions

H-l Permits H-lH-2 Rights in Data H-lH-3 Indemnity and Reporting Accidents H-3H-4 Subcontracts H-3H-5 Order of Precedence H-3

A-2

CONTENTS (continued)

Page

SECTION H - Special Contract Provisions (continued)

H-6 Key Personnel H-3H-7 Payments H-4H-8 Funds Available for Payments H-4

PART II - GENERAL CONTRACT PROVISIONS

SECTION I - General Contract Provisions

Clauses 1 through 39 1-1 -1-32

PART III - LIST OF DOCUMENTS

SECTION J - List of Documents

J-l Contract Documents J-1J-2 Solicitation Documents J-lJ-3 Attachments J-l

PART IV - SOLICITATION PROVISIONS

SECTION K - Representations, Certifications, and OtherStatements of Offerers

Representations, Certifications, and Other Statementsof Offerers

Certification of Independent Price Determination

SECTION L - Solicitation Instructions and Noticesto Offerers

L-l Notice of Small Business Set-Aside L-lL-2 General L-lL-3 Time for Submittal L-lL-4 Late Proposals, Modifications of Proposals,

and Withdrawals of Proposals L-lL-5 Disclosure of Proposals L-2L-6 Unnecessarily Elaborate Proposals L-3L-7 Technical Proposal L-3L-8 Retention of Offers L-8L-9 Disclosure of Unclassified Material L-8L-10 Instructions for Preparing Cost Proposals L-8

SECTION M - Evaluation Factors for Award

M-l Evaluation Procedures M-lM-2 Evaluation Criteria of Technical Proposals M-lM-3 Award Decision M-2

Attachments

A-3

PART I

Section B

Supplies or Services and Prices

B-l. CONTRACT TYPE

This contract is a firm-fixed price contract.

B-2. SCHEDULE

The following schedule is tentative and the offeror may prepare and submitwith his proposal a new schedule, or schedules, which will more adequatelydescribe his proposed method of accomplishing the work required under thissolicitation. However, any new schedule prepared by the offeror must becomplete and must represent payment in full for performance of all workrequired and by the detailed specifications attached thereto. The scheduleor schedules under which payment will be made will be fixed prior to awardof contract, as determined by agreement during contract negotiations.

Item Articles or services Amount

1 Phase 1 - Perform an analysis of available data withrespect to existing two-dimensional reservoir thermalhydrodynamic models and submit an evaluation of modelsconsidered and recommendation of a model for usage,inclusive of an evaluation of Lake Mead data, all inaccordance with this solicitation for the fixed amountof $

Phase 2 - Perform the analysis and development of achemical subroutine to append to the main model anddeliver the same, all in accordance with this solici-tation for the fixed amount of

Phase 3a. - Calibrate and verify the model for LakePowell using accepted split data base techniques,all in accordance with this solicitation for thefixed amount of

b. Calibrate and verify the model for Lake Meadusing accepted split data base techniques, all inaccordance with this solicitation for the fixedamount of

Phase 4 - Conduct model simulations to determinethe impact that operation of the reservoirs atcurrent operating levels has on the salinity bud-get, all in accordance with this solicitation forthe fixed amount of

Phase 5a. - Establish the model on the Bureau ofReclamation Cyber system and test the model tosimulate five operating scenarios on Lake Powell,all in accordance with this solicitation for thefixed amount of

B-l

Item Articles or services Amount

b. Test the model to simulate five operating scenarioson Lake Mead, all in accordance with this solicitationfor the fixed amount of $

Total for schedule $

B-2

PART I

Section C

Description/Specifications

C-l. PURPOSE

The purpose of the proposed research is to quantify the effects that LakesMead and Powell have on the salinity in the Colorado River system, andto evaluate changes that cap be made to the operating system of the reservoirs(within legal/institutional constraints) to enhance salt precipitation and/orminimize evaporation within the reservoirs. The effect of any changes (i.e.,selective withdrawal uses, pumped storage, etc.) on reservoir evaporationcould also be evaluated with a goal of minimizing evaporation. This will beaccomplished through the development of a mathematical model of the reservoirsas described below.

C-2. BACKGROUND

Two major problems with water in the Colorado River are its quantity and itssalinity. The Colorado River is an extremely regulated system, and most ofthe sources of salinity and depletion mechanisms have been identified, withthe exception of the behavior of the large reservoirs. Lakes Powell and Meadrepresent a storage capacity of up to 4 years mean annual flow of the ColoradoRiver. To date, only minimal and uncoordinated attempts have been made tosystematically model the chemical and thermal storage and transfer processesin these reservoirs.

Numerous attempts have been made to roughly account for salinity in thereservoirs. Hendrick (1973) determined that the best statistical correlationbetween inflow and outflow in Lake Mead was a monthly complete mixing of thereservoir contents with its inflows. This had a correlation coefficient of0.78, but treated the whole system as a black box based on historical condi-tions and, thus, could not predict the results of any changes in reservoiroperation.

Further work, however (Reynolds, 1978), indicates that certain polyphenalsinhibit the precipitation of calcite and, therefore, the actual removal ofcalcite from Lake Powell may be less than expected. Preliminary studies doneat the E&R Center indicate that TDS (total dissolved solids) storage isincreasing in Lake Powell; the true increase is somewhat masked, however, bythe increase in water stored during this period and the impact of bankstorage.

Evaporation also plays an important part in the Colorado River water budgetas a whole and in water and TDS budgets of the reservoirs in particular.Total evaporation from Lakes Powell and Mead has been estimated at 1,300,000acre-feet/year, or approximately 8 to 10 percent of the natural flow of theColorado River. While there is no practical way to eliminate this loss(monomolecular films have proven totally impractical for anything but verysmall reservoirs), it may be possible to reduce it through a differentoperating scheme.

C-l

C-3. EXISTING DATA

A. The USGS maintains stream gages at:

1. Green River near Green River, Utah2. Colorado River near Cisco, Utah3. San Juan near Bluff, Utah4. Colorado River at Lee's Ferry, Arizona5. Colorado River at Grand Canyon, Arizona6. Colorado River below HooverDam, Arizona

These gages have daily flow, temperature, and conductivity and monthlychemical analyses for varying peripds of record. Figure 1 of the attach-ments shows the basin layout and the location of these gages.

B. The Bureau of Reclamation maintains a sampling program onLake Powell which consists of seven stations on the lake, sampled at50-foot intervals. This survey was conducted at quarterly intervals from1964 to 1971 and at monthly intervals since then. These data consist of

• temperature, conductivity, dissolved oxygen, pH, and chemical analyses formajor ions (Ca++, Mg++, Na+, K+, Cor1, HCoa-, $04=, Cl~). Figure 2 ofthe attachment shows the location of these sampling stations. These datawill be supplied to the contractor. A sample of the data is made part ofthe attachments of this Solicitation as Appendix II.

C. Since 1965, the Bureau of Reclamation has operated three meteorologicalrafts on Lake Powell. Information available from these rafts consistsof:

a. Air temperature - daily high and lowb. Relative humidity - daily high and lowc. Water surface temperature - average dailyd. Wind - miles/day

However, this record will have to be reduced by the contractor and may beincomplete.

D. The U.S. Weather Service operates a class A evaporation pan atWahweap Bay, Lake Powell, and a weather station at the Page, ArizonaAirport. A weather station is also operated by the U.S. Weather Serviceat the Las Vegas Airport, Nevada.

E. A contract study for the compilation of all available data on LakeMead has been completed. It is uncertain whether there are sufficientdata on Lake Mead to allow calibration and verification of a two-dimensionalmodel, therefore, as part of the services the contractor shall evaluatethe available data.

C-4. AVAILABLE INFORMATION

The following information concerning Lakes Powell and Mead is available forreview at Bureau of Reclamation, Engineering and Research Center, Building67, Library Room 450, Denver Federal Center, Denver, Colorado, 80225. The

C-2

bibliography contains information from several agencies; however, it shouldnot be considered as a complete list of the material available.

A. Quality of Water, Colorado River Basin, Progress Report No. 10,published by the United States Department of the Interior, Water andPower Resources Service, January 1981

B. Techniques for Modeling Reservoir Salinity, John Hendrick, HydrologyPaper No. 62, Colorado State University, Fort Collins, Colorado,August 1973

C. The Effect of Lake Powell on Dissolved Silica Cycling in the ColoradoKiver, L. n. Mayer, LPKP (Lake Powell Research Project), Bulletin"RoTIS, 1977

D. Major Element Geochemistry of Lake Powell, by R. C. Reynolds, Jr., andN. M. Johnson, LPRP Bulletin No. 5, 1974

E. Evaporation, Bank Storage, and Water Budget at Lake Powell, by G. C.dacoby Jr., 5. Patch, R. Nelson, and 0. L. Anderson, LPRP BulletinNo. 48, July 1977

F. Advective Circulation in Lake Powell, Utah-Arizona, by David H.Merritt, Noye M. Johnson, LPRP Bulletin No. 61, October 1977

G. Sedimentation in Lake Powell, W. Condit, C. L. Drake, L. Mayer, andR. Sypdell, LPRP Bulletin No. 64, June 1978

H. Reservoir Influences on Salinity and Nutrient Fluxes in the AridColorado River Basin, by Steven P. Gloss, Robert C. Reynolds, Jr.,L. M. Mayer, and D. E. Kidd, presented at the ASCE Surface WaterSymposium, June 4-6, 1980, Minneapolis, Minnesota

I. Polyphenol Inhibition of Calcite Precipitation in Lake Powell, byRobert C. Reynolds, Jr., 1978, Limnology and Oceanography 23 (4):585-597

J. Water Resources of the Upper Colorado River Basin - Technical Report,by W. V. lorns, C. H. Hembree, and G. L. Oakland, 1965, U.S. GeologicalSurvey Professional Paper 441

K. Physical Limnology of Lake Mead, by E. R. Anderson and D. W. Pritchard,1951, U.S. Navy Electronics Laboratory, San Diego, California,Report No. 256

L. Lake Mead, A Case History, by D. A. Hoffman and A. R. Jonez, 1973,W. C. Ackerman, G. F. White, E. B. Worthington, "Man-made Lakes:Their Problems and Environmental Effects," Geophysical MonographSeries No. 17

M. The Limnological Status of Lake Mead and Lake Mohave Under Present andFuture Power Plant Operations of Hoover Dam, by L. J. Paulson,J. R. Baker, and J. E. Deacon (1980), Technical Report No. 1, LakeMead Limnological Research Center, University of Nevada, Las Vegas

C-3

N. Water Loss Investigations; Lake Mead Studies, by G. E. Harbeck, M. A.Kohler, 6. A. Koberg, and others (1958), U.S. Geologic SurveyProfessional Paper No. 298

0. Water Quality Study of Lake Mead, by D. A. Hoffman, P. R. Tramut, andP. C. He Iler (1967), Bureau of Reclamation Report No. CHE-70, 151 pp.

P. The 1963-64 Lake Mead Survey, by J. M. Lara and J. I. Sanders (1970),bureau ot Kectarnation Report No. RCE-OCE-70-21

Q. Comprehensive Survey of Sedimentation in Lake Mead, 1948-1949, byH. V. Smith, C. P. Jetter, G. B. Uummings, et al. (I960), U.S.Geolog-ical Survey Professional Paper No. 295

R. Convective and Advective Circulation of Lake Powell, Utah-Arizona,During 1972-1975. by Noye Johnson and David H. Merritt (1979), WaterResources Research Vol. 15, No. 4, pp. 873-884

S. Salinity of Surface Water in the Lower Colorado River - Sal ton SeaArea, Burgde, Ireland, U.S.Geological Survey Professional PaperTIbT~486-E, 1971

C-5. STUDY OBJECTIVE

The objective is to develop, test, and evaluate a two-dimensional widthaveraged thermal hydrodynamic model with salinity capability, and implementthe model on the Bureau of Reclamation Centralized Computer System. Thismodel shall be calibrated and verified to Lakes Powell and Mead. The workwill be performed in five phases.

Phases. -

1. The Bureau of Reclamation will supply the contractor with the datacollected on Lakes Powell and Mead. These data, in conjunctionwith the aforementioned USGS data base shall be evaluated with respectto the requirements of the various two-dimensional reservoir thermalhydrodynamic models presently in existence. The contractor shallsubmit an evaluation of the models considered and make a recommendationto the Bureau of Reclamation as to which model should be chosen. Thecontractor shall evaluate the data available for Lake Mead and make arecommendation as to its adequacy for utilization with the recommendedtwo-dimensional model. Bureau of Reclamation, in conjunction with thecontractor, will make the final selection. The model shall be capableof simulating a full year's cycle, a complete range of reservoiroperating levels and graphically display the temporal and spatialdistribution of the parameters modeled, in addition to total saltstorage and reservoir evaporation.

2. A chemical subroutine shall be selected or developed to be appendedto the main model that would include, but not be specifically limitedto, the following parameters:

C-4

pH magnesiumalkalinity sulfatepCO;? carbonatesodium chloridepotassium bicarbonatecalcium

3. Using split data base techniques, calibrate and verify the modelto:

a. Lake Powellb. Lake Mead (if data available is determined adequate)

4. Model simulations shall be conducted to determine the impact thatoperation of the reservoir(s) at current operating levels (1978-1981)has on the annual salt load of the Colorado River immediately below thereservoirs.

5. The model shall be set up on the Bureau of Reclamation Cyber systemby the contractor. Contractor personnel, in conjunction with Bureau ofReclamation personnel, will then test the capability of the model tosimulate five different operating scenarios on each reservoir. Thesescenarios will be chosen by Bureau of Reclamation and contractorpersonnel. These options would include but not be limited to:

a. Modification of the intake and release structures at Glen CanyonDam and/or Hoover Dam to selectively withdraw water from otherlevels that are not currently being used

b. Varying reservoir operating levels

c. Varying in monthly, weekly, daily, or hourly release patternswithin general annual and demand constraints

The options tested shall be evaluated in view of the impacts on salinityand evaporation, both in the releasing and in the receiving reservoir(i.e., reduction of evaporation from Lake Powell through release ofwater may be offset by increased evaporation in Lake Mead). Theimpacts on power and recreation and the effects of a changed temperatureregime shall also be evaluated. The contractor shall be limited tomaking a qualitative judgement of downstream impacts.

The model shall perform to the requirements of the model and subroutineas specified under phases 1 and 2 above.

C-5

PART I

Section D

Packaging and Marking(Not Applicable)

PART I

Section E

Inspection and Acceptance

E-l. REVIEW OF SUBMITTALS

All reports submitted by the contractor will be reviewed by the Bureau ofReclamation personnel. Materials will be reviewed for compliance with thespecifications. Review and comments on materials do not constitute approvalsuch as to relieve the contractor from responsibility for or professionaladequacy thereof. The Bureau of Reclamation reserves the right to rejectany phase of the work not meeting specifications for correction at the con-tractor's expense.

E-l

PART I

Section F

Deliveries or Performance

F-l. SUBMITTALS

The contractor shall submit quarterly progress reports, end-of-phase reports,and a final contract report. All reports shall be double-space typed.

Quarterly progress reports - Shall cover work completed and in progressduring the contract quarter, difficulties encountered, and an estimateof work to be accomplished in the next quarter. Five copies are to besubmitted.

End-of-phase reports - Shall be prepared and submitted at the end ofeach phase of the work, except phase 5, detailing the work performedduring that phase and recommendations or materials to be submitted asa result thereof. Copies of pertinent materials or results developedshall be appended to the report. Ten copies of each report shall besubmitted.

Final report - Shall summarize the work performed throughout the con-tract and encompass in detail the work performed in phase 5. Completemodel documentation shall be included as an appendix. Fifteen copiesof the report are to be submitted.

All reports shall include the rationale and methods used in arriving atassumptions, parameters, and conclusions so that they can be independentlyevaluated and checked. Published data and published computer programs maybe included by reference. Unpublished data should have the pertinent por-tion included in the report. Any unpublished computer programs used shallbe listed and printed in their entirety including the program abstract,writeup, and flow chart. Any copyrighted or proprietary material furnishedshould be so identified. For the purpose of information and coordination,Bureau personnel shall be permitted full access to all parts of the study.

F-2. DELIVERY POINT

All reports to be submitted under this contract shall be delivered at thecontractor's expense to the Bureau of Reclamation, Attn D-1000 (Merritt),P 0 Box 25007, Denver CO 80225. Office location, Denver Federal Center,building 67, room 1322, Denver, Colorado.

F-3. PERFORMANCE COMPLETION - URGENCY OF

The contractor shall begin work as soon as possible and not later than 10calendar days after receipt of notice of award of contract. All servicesrequired by this solicitation shall be completed within 730 calendar daysafter receipt of notice of award of contract. The services required byeach phase, inclusive of submittal of the end-of-phase report, shall becompleted within the following calendar days after receipt of award of con-tract. (Completion times to be established in proposals.)

F-l

Calendar days

Phase 1Phase 2Phase 3Phase 4

The Bureau will review and provide comments to the contractor on end-of-phasereports within 30 calendar days of receipt. Any deficiencies or errors shallbe corrected by the contractor prior to acceptance for payment.

F-2

PART I

Section G

Contract Administration Data

G-l. CONTRACTUAL RELATIONSHIPS

a. The Government will furnish to the contractor the name of the COTRto act in all technical matters during the term of the contract. TheCOTR's responsibilities are as stated in paragraph G-2 below.

b. The contractor is cautioned that only the contracting officer canauthorize changes in the scope of the work.

G-2. TECHNICAL DIRECTION/DESCRIPTION OF CONTRACTING OFFICER'STECHNICAL REPRESENTATIVE

The scope of the COTR's authority shall be:

a. Familiarization with the terms and conditions of the contract.

b. Assurance of compliance with the provisions of the contract andremain cognizant of the contractor's technical efforts and progress.

c. Reviewing contractor's progress reporting to determine if there hasbeen technical and/or physical progress commensurate with the level ofexpenditures, and to certify for payment or reject for cause, requestsfor progress payments, if applicable.

d. Discuss modifications with the contractor, subject to the COTR'slimitations of authority and make recommendations to the contractingofficer regarding proposed modifications to the contract.

The limitations of the COTR's authority, in accordance with Interior Pro-curement Regulations Part 14-1.450-2, are:

a. The COTR is not empowered to award, agree to, or execute any con-tract or modification thereto or in any way obligate the payment ofmoney by the Government.

b. The COTR may not order changes in the scope of the contract, makefinal decisions on any matter which would be subject to appeal underthe disputes clause of the contract, or terminate for any cause the con-tractor's right to proceed.

The appointment shall remain in 'effect for the life of the contract unless:

a. The appointment is terminated in writing by the contracting officeror by his successor contracting officer.

b. The individual is reassigned.

c. The individual's employment with the Government is terminated.

G-l

PART II

Section H

Special Contract Provisions

H-l. PERMITS

The contractor shall, without additional expense to the Government, obtainall required licenses and permits required for his prosecution of the work.

H-2. RIGHTS IN DATA

a. The term "Data" as used herein means recorded information regardlessof form or characteristic, of a scientific or technical nature, or of anartistically creative nature, such as books and other writings, techni-cal data, computer programs and software, sound recordings, motion pic-tures, sculptures, paintings, or other pictorial works or reproductions,drawings, or other graphic representations, and works of the performingarts, and works of similar nature (whether or not copyrighted), whichare specified to be delivered under this contract. The term includesdata such as management studies and data produced under support servicecontracts but does not include financial reports, cost analyses, andother information incidental to contract administration.

b. All data produced or composed in the course of or under this con-tract shall be the sole property of the Government. Except with theprior written permission of the contracting officer, the contractoragrees and warrants that its employees and such others who are likelyto author contract data have agreed in writing not to assert any rightsat law or in equity or establish any claim to a statutory copyright insuch data. The contractor shall not publish or reproduce such data inwhole or in part or in any manner or form, or authorize others to do so,without the written consent of the contracting officer, until such timeas the Government may have released such data to the public.

c. The contractor hereby grants to or will obtain for the Government aroyalty-free, nonexclusive, and irrevocable license throughout the world(1) to publish, exhibit, translate, reproduce, deliver, perform, use, orotherwise copy, and dispose of, in any manner, any and all data whichare not produced or composed in the performance of this contract butwhich are incorporated in the work furnished under this contract; and(2) to authorize others to do as provided in c.(l) above.

d. The contractor shall indemnify and save and hold harmless the Govern-ment, its officers, agents, and .employees acting within the scope oftheir official duties against any liability, including costs and expenses(1) for violation of proprietary rights, copyrights, or rights of privacy,arising out of the public translation, reproduction, delivery, perform-ance, use, or disposition of any data furnished under this contract; or(2) based upon libelous, defamatory, or other unlawful matter containedin such data.

e. Nothing contained in this clause shall imply a license to the Govern-ment under any patent, or be construed as affecting the scope of anylicense or other rights otherwise granted to the Government under anypatent.

H-l

£. Subparagraphs d. and e. above are not applicable to material givento the contractor by the Government and incorporated in data furnishedunder the contract: Provided, That problems relative to the material areidentified by the contractor at the time the material is given to him.

g. The contractor may not publish, translate, or release data first pro-duced in the performance of this contract, in whole or in part, in anymanner or form, or authorize others to do so, during performance ofwork under this contract, unless prior written approval is given by thecontracting officer. Normally such written approval may be given onlyafter submission of technical papers and reports in draft form by thecontractor and written acceptance of technical papers and reports by thecontracting officer.

h. Notwithstanding subparagraph g. above, if the contractor is an edu-cational institution, the institution, an employee of, or a student atthe institution, may at any time publish a document based on work per-formed, and data developed under this contract: Provided, That (1) thecontractor submits an advance copy of the document to the contractingofficer at least 60 days prior to the planned publication date, and (2)the document, solely in the judgment of the contracting officer, does notcontain information detrimental to the interests of the Government. Ifthe contracting officer determines that h.(2) above is applicable, heshall have the right to refuse approval for publication. Specific writ-ten approval must be given by the contracting officer before a documentmay be published.

i. Any approved publication or information released by the contractormust state that the data utilized was developed during performance ofwork under this contract, and that the Government does not endorse thepublication or release. The document may not refer to a commercial prod-uct, commercial firm, or a trade name in such a way as to imply endorse-ment or approval by the Government. If data is used in a thesis for agraduate degree, the author must furnish to the contracting officer,free of charge, 50 copies (or fewer copies if agreed to by the contract-ing officer) of the thesis.

j. All data furnished to the Government under this contract which thecontractor considers to be proprietary shall be so identified by an ap-propriate written legend on the document, recording, drawing, computerprintout, etc., involved. Any such data not marked with a proprietarylegend will be considered to be nonproprietary data subject to subpara-graphs a. through c., and g. through i. above. Proprietary informationwill be retained in confidential status by the Government: Provided,That such data (1) are not generally known or available from other sourceswithout obligation concerning their confidentiality, (2) have not beenmade available by the owner, and (3) are not already available to theGovernment without obligation concerning its confidentiality. The Govern-ment shall have the right to remove, cancel, correct, or ignore any mark-ing not authorized by the terms on any data furnished hereunder, if upondelivery of the data the propriety of such marking is not substantiatedby the contractor, in writing, to the satisfaction of the contractingofficer. The contractor shall be notifed of any such action contemplated

H-2

under this subparagraph j., and which will be taken if the contractorfails to respond thereto so as to substantiate the propriety of the mark-ings within 60 days.

H-3. INDEMNITY AND REPORTING ACCIDENTS

The contractor shall idemnify and hold the Government harmless for any andall losses, damages, or liability on account of personal injury, death, orproperty damage, or claim for personal injury, death, or property damage ofany nature whatsoever and by whomsoever made, arising out of the activitiesof the contractor, his employees, subcontractors, or agents under thecontract.

The contractor shall promptly investigate and maintain a complete record ofall accidents resulting in personal injury, death, or property damage inci-dent to performance of work under the contract.

Loss of or damage to Government equipment or property in the custody of thecontractor shall be immediately reported to the contracting officer togetherwith full details relating to the incident.

H-4. SUBCONTRACTS

The contractor shall not, without prior written approval from the contractingofficer, enter into any subcontract covering any part of the work contem-plated by this contract. The contracting officer's approval of a subcon-tract will not in any way relieve the contractor from his absolute responsi-bility for the adequacy of the subcontractor's work. Nothing contained inthis contract shall create any contractual relation between a subcontractorand the Government.

H-5. ORDER OF PRECEDENCE

In the event of an inconsistency between provisions of this solicitation,the inconsistency shall be resolved by giving precedence in the followingorder: (a) the Schedule; (b) Terms and Conditions of this solicitation, ifany; (c) General Provisions; (d) other provisions of the contract, whereattached or incorporated by reference; and (e) the Specifications.

H-6. KEY PERSONNEL

a. If identified as key personnel elsewhere in this contract, such per-sonnel are considered to be essential to the work being performed here-under. Prior to diverting any of the specified individuals to other.programs, or making substitutions of personnel, the contractor shallnotify the contracting officer reasonably in advance and shall submitjustification (including proposed substitutions) in sufficient detail topermit evaluation of such changes on the contract effort. No changes inkey personnel shall be made by the contractor without the written consentof the contracting officer: Provided, That the contracting officer mayratify in writing such changes and such ratification shall constitutethe consent of the contracting officer required by this clause.

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b. If key personnel are found to devote less effort than anticipated atthe time of contract award, or are performing unsatisfactorily, the con-tracting officer may direct replacement of such personnel, contract modi-fication, or contract termination as appropriate.

H-7. PAYMENT

The Government will pay the contract prices in accordance with the scheduleand General Provisions clause No. 15 as supplemented below:

a. Progress payments, if requested, will be made at the stages of com-pletion and in the amounts stated in the schedule.

b. In making such progress payments, there shall be retained 10 percentof the estimated amount until completion and acceptance of the finalreport and archived data. However, if the contracting officer, at anytime after 50 percent of the work has been completed, finds that satis-factory progress is being made, he may authorize payment in full of eachprogress payment for work performed beyond the 50 percent stage of com-pletion. Also, whenever the work is substantially complete, the con-tracting officer, if he considers the amount retained to be in excess of

• the amount adequate for the protection of the Government, at his discre-tion, may release to the contractor all or a portion of such excess amount.

c. All material and work covered by progress payments shall thereuponbecome the sole property of the Government, but this provision shall notbe construed as relieving the contractor from the sole responsibilityfor all material and work upon which payments have been made, or therestoration of any damaged work, or as waiving the right of the Govern-ment to require the fulfillment of all of the terms of the contract.

d. Default. - If this contract is terminated for default, the contractorshall, upon demand, pay to the Government the amount of unliquidatedprogress payments, less any amounts, payable to the contractor in accord-ance with the default clause.

e. Final payment. - When the terms of the contract shall have been fullycomplied with, including complete delivery and acceptance of all data andmaterials required by the contract or used to perform the required serv-ices, final payment will be made of the balance due under the contract.Upon completion of the services and prior to the final delivery, the con-tractor shall furnish to the contracting officer, if he requires, arelease of claims against the United States arising out of the contract,other than claims specifically excepted from the operation of the release.

f. Submit invoice for payment to: Bureau of Reclamation, Attn D-800,P 0 Box 25007, Denver CO 80225.

H-8. FUNDS AVAILABLE FOR PAYMENTS

Pursuant to section 12 of the Reclamation Project Act of 1939 (43 U.S.C.,Sec. 388), funds for payments under this contract shall be made availableas provided in this paragraph.

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a. Funds have been reserved to finance the contractor's earnings duringthe current fiscal year. The contractor shall be notified of the amountso reserved for payment.

b. Additional funds for payment to the contractor to cover earningsunder the schedule items during subsequent fiscal years is contingenton the necessary appropriations being made therefor by the Congress andan appropriate reservation of funds thereunder. The Government shall notbe liable for damages under this contract on account of delays in pay-ment due to lack of funds.

In the event additional funds are not made available, if the contractorso elects, he may continue work under the conditions and restrictions ofthis solicitation after funds have been exhausted, so long as there arefunds for inspection concerning which he will be notified in writing.No payment will be made for any work done after funds have been exhaustedunless and until sufficient additional funds have been provided byCongress.

When funds again become available, the contractor will be notified inwriting as to the amount thereof reserved for payments under this con-tract. However, if the contractor so elects, the work may be suspendedwhen the available funds have been exhausted. Should work be thus sus-pended, additional time for delivery will be allowed equal to the periodduring which the work is necessarily so suspended.

Should Congress fail to provide the expected additional funds, the con-tract may, at the option of the contractor, by written notice, be termi-nated and considred to be completed without prejudice to him or liabilityto the Government at any time subsequent to 30 days after payments arediscontinued.

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PART II

Section I

General Contract Provisions

GENERAL PROVISIONSNegotiated(Fixed-Price)

CONTENTS

Clause No. , Clause Title

1 Definitions 12 Standards of Work '. 13 Inspection 14 Disputes 15 Changes 26 Notice Regarding Late Delivery . 27 Buy American Act 28 Default 39 Termination for Convenience of the

Government 410 Termination for Convenience of the

Government (Nonprofit) 811 Notice and Assistance Regarding Patent and

Copyright Infringement 912 Assignment of Claims 1013 Examination of Records by Comptroller General 1014 Interest 1115 Payments 1116 Pricing of Adjustments 1117 Federal. State, and Local Taxes 1118 Contract Work Hours and Safety Standards

Act-Overtime Compensation 1219 Fair and Equitable Compensation to

Professional Employees 1320 Audit 1421 Price Reduction for Defective Cost or Pricing

Data 1522 Subcontractor Cost or Pricing Data 1 5 -23 Cost Accounting Standards-Nondefense

Contract 1624 Consistency of Cost Accounting

Practices-Nondefense Contract 1825 Administration of Cost Accounting Standards 1926 Officials Not to Benefit 2027 Covenant Against Contingent Fees 2028 Convict Labor 2129 Equal Opportunity . 2130 Disabled Veterans and Veterans of the Vietnam

Era 2231 Employment of the Handicapped 2432 Utilization of Labor Surplus Area Concerns 2533 Labor Surplus Area Subcontracting Program 2534 Utilization of Women-Owned Business Concerns 2635 Women-Owned Business

Concerns-Subcontracting Program 26

(8/80)

GENERAL PROVISIONSNegotiated(Fixed-Price)

CONTENTS-Continued

Clause No. Clause Title

36 Utilization of Small Business Concerns andSmall Business Concerns Owned andControlled by Socially and EconomicallyDisadvantaged Individuals 27

37 Small Business and Small DisadvantagedBusiness Subcontracting Plan (Negotiated) 28

38 Incentive Subcontracting Program for SmallBusiness and Small Disadvantaged Business(Negotiated) 30

39 Clean Air and Water 31

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1. DEFINITIONS(FPR 1-7.302-1 & 1-7.102-1)

As used throughout this contract, the followingterms shall have the meaning set forth below:

a. The term "head of the agency" or"Secretary" means the Secretary, the UnderSecretary, any Assistant Secretary, or anyother head or assistant head of the executiveor military department or other Federalagency; and the term "his duly authorizedrepresentative" means any person or personsor board (other than the contracting officer)authorized to act for the head of the agencyor the Secretary.

b. The term "contracting officer" means theperson executing this contract on behalf ofthe Government, and any other officer orc iv i l ian employee who is a proper lydesignated contracting officer: and the termincludes, except as otherwise provided in thiscontract, the authorized representative of acontracting officer acting within the limits ofhis authority.

c. Except as otherwise provided in thiscontract, the term "subcontracts" includespurchase orders under this contract.

2. STANDARDS OF WORK(FPR 1-7.302-3)

The contractor agrees that the performance ofwork and services pursuant to the requirementsof this con t rac t shal l con fo rm to highprofessional standards.

3. INSPECTION(FPR 1-7.302-4(b))

The Government, through any authorizedrepresentatives, has the right at all reasonabletimes to inspect, or otherwise evaluate the workperformed or being performed hereunder andthe premises in which it is being performed. Ifany inspection, or evaluation is made by theGovernment on the premises of the contractoror a subcontractor, the contractor shall provideand shall require his subcontractors to provideall reasonable facilities and assistance for thesafety and convenience of the Governmentrepresentatives in the performance of theirduties. All inspections and evaluations shall be

performed in such a manner as will not undulydelay the work.

4. DISPUTES(FPR 1-7.302-11 & FPR Temp. Reg. 55)

a. This contract is subject to the ContractDisputes Act of 1978 (Public Law 95-563).

b. Except as provided in the Act. all disputesarising under or relating to this contract shallbe resolved in accordance with this clause.

c. (1) As used herein, "claim" means awritten demand or assertion by one of theparties seeking, as a legal right, thepayment of money, ad jus tment orinterpretation of contract terms, or otherrelief, arising under or relating to thiscontract.

(2) A voucher, invoice, or request forpayment that is not in dispute whensubmitted is not a claim for the purposes ofthe Act. However, where such submissionis subsequently not acted upon in areasonable time, or disputed either as toliability or amount, it may be converted toa claim pursuant to the Act.

(3) A claim by the contractor shall be madein writing and submitted to the contractingof f icer for decision. A claim by theGovernment against the contractor s.hall besubject to a decision by the contractingofficer.

d. For contractor claims of more than$50,000, the contractor shall submit with theclaim a certification that the claim is made ingood faith; the supporting data are accurateand complete to the best of the contractor'sknowledge and belief; and the amountrequested accurately reflects the contractadjustment for which the contractor believesthe Government is liable. The certificationshall be executed by the contractor if anindividual. When the contractor is not anindividual, the certification shall be executedby a senior company official in charge at thecontractor's plant or location involved, or byan officer or general partner of the contractorhaving overall responsibility for the conduct ofthe contractor's affairs.

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e. For contractor claims of $50,000 or less,the contracting officer must render a decisionwithin 60 days. For contractor claims inexcess of $50,000, the contracting officermust decide the claim within 60 days or notifythe contractor of the date when the decisionwill be made.

f. The contracting officer's decision shall befinal unless the contractor appeals or files asuit as provided in the Act.

g. The authority of the contracting officerunder the Act does not extend to claims ordisputes which by statute or regulation otheragencies are expressly authorized to decide.

h. Interest on the amount found due on acontractor claim shall be paid from the datethe claim is received by the contracting officeruntil the date of payment.

i. Except as the parties may otherwise agree,pending final resolution of a claim by thecontractor arising under the contract, thecontractor shall proceed diligently with theperformance of the contract in accordancewith the contracting officer's decision.

5. CHANGES(FPR 1-7.304-1)

a. The contracting officer may at any time,by a written order, and without notice to thesureties, if any, make changes, within thegeneral scope of this contract, in any one ormore of the following:

(i) Drawings, designs, or specifications;

(ii) Method of shipment or packing; and

(iii) Place of inspection, delivery, oracceptance.

b. If any such change causes an increase ordecrease in the estimated cost of. or the timerequired for the performance of this contract,or otherwise affects any other provisions ofthis contract, whether changed or notchanged by any such order, an equitableadjustment shall be made:

(i) In the contract price or time ofperformance, or both and

(ii) In such other provisions of the contractas may be affected, and the contract shallbe modified in writing accordingly.

Any claim by the contractor for adjustmentunder this clause must be asserted within 30days from the date of receipt by thecontractor of the notification of change:Provided, however, That the contractingofficer, if he decides that the facts justify suchaction, may receive and act upon any suchclaim asserted at any time prior to finalpayment under this contract. Failure to agreeto any adjustment shall be a disputeconcerning a question of fact within themeaning of the clause of this contract entitled"Disputes." However, nothing in this clauseshall excuse the contractor from proceedingwith the contract as changed.

6. NOTICE REGARDING LATEDELIVERY(FPR 1-7.304-5 & 1-7.204-4)

In the event the contractor encounters difficultyin meeting performance requirements, oranticipates difficulty in complying with thecontract delivery schedule or date, thecontractor shall immediately notify thecontracting officer thereof in writing, givingpertinent details, including the date by which itexpects to complete performance or makedelivery: Provided however. That this data shallbe informational only in character and thatreceipt thereof shall not be construed as a waiverby the Government of any contract deliveryschedule or date, or any rights or remediesprovided by law or under this contract.

7. BUY AMERICAN ACT(FPR 1-7.302-13 & 1-6.104-5)

a. In acquiring end products, the BuyAmerican Act (41 U.S. Code 10a-10d)provides that the Government give preferenceto domestic source end products. For thepurpose of this clause:

(i), "Components" means those articles,materials, and supplies which are directlyincorporated in the end products;

(ii) "End products" means those articles,materials, and supplies which are to be

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acquired under this contract for public use;and

(iii) A "domestic source end product"means (A) an unmanufactured end productwhich has been mined or produced in theUnited States and (B) an end productmanufactured in the United States if thecost of the components thereof which aremined, produced, or manufactured in theUnited States exceeds 50 percent of thecost of all its components. For the purposesof this a.(iii)(B), components of foreignorigin of the same type or kind as theproducts referred to in b.(ii) or (iii) of thisclause shall be treated as componentsmined, produced, or manufactured in theUnited States.

b. The contractor agrees that there will .bedelivered under this contract only domesticsource end products, except end products:

(i) Which are for use outside the UnitedStates;

(ii) Which the Government determines arenot mined, produced, or manufactured inthe United States in suff ic ient andreasonably available commercial quantitiesand of a satisfactory quality;

(iii) As to which the Secretary determinesthe domestic preference to be inconsistentwith the public interest; or

(iv) As to which the Secretary determinesthe cost to the Government to beunreasonable.

(The f o r e g o i n g requ i remen ts areadministered in accordance with ExecutiveOrder No. 10582. dated December 1 7.1954.)

8. DEFAULT(FPR 1-7.302-9 & 1-8.710)

a. The Government may, subject to theprovisions of subparagraph c. of this clause,by written notice of default to the contractor,terminate the whole or any part of thiscont ract in any one of the fo l lowingcircumstances:

(1) If the contractor fails to perform thework called for by this contract within thetime(s) specified herein or any extensionthereof; or

(2) If the contractor fails to perform any ofthe other provisions of this contract, or sofails to prosecute the work as to endangerperformance of this contract in accordancewith its terms, and in either of these twocircumstances does not cure such failurewithin a period of 10 days (or such longerperiod as the contracting off icer mayauthorize in writing) after receipt of noticefrom the contracting officer specifyingsuch failure.

b. In the event the Government terminatesthis contract in whole or in part as providedin subparagraph a. of this clause, theGovernment may procure, upon such termsand in such manner as the contracting officermay deem appropriate, work similar to thework so terminated and the contractor shall beliable to the Government for any excess costsfor such similar work: Provided, That thecontractor shall continue the performance ofthis contract to the extent not terminatedunder the provisions of this clause.

c. Except with respect to defaults ofsubcontractors, the contractor shall not beliable for any excess costs if the failure toperform the contract arises out of causesbeyond the control and without the fault ornegligence of the contractor. Such causesmay include, but are not restricted to. acts ofGod or of the public enemy, acts of theGovernment in either its sovereign orcontractual capacity, fires, floods, epidemics,quarantine restrictions, strikes, freightembargoes, and unusually severe weather; butin every case the failure to perform must bebeyond the control and without the fault ornegligence of the contractor. If the failure toperform is caused by the default of asubcontractor, and if such default arises outof causes beyond the control of both thecontractor and subcontractor, and without thefault or negligence of either of them, thecontractor shall not be liable for any excesscosts for failure to perform unless the suppliesor s e r v i c e s to be f u r n i s h e d by thesubcontractor were obtainable from othersources in sufficient time to permit the

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contractor to meet the required deliveryschedule or other performance requirements.

d. If this contract is terminated as providedin subparagraph a. of this clause, theGovernment, in addition to any other rightsprovided in this clause, may require thecontractor to transfer title and deliver to theGovernment, in the manner and to the extentdirected by the contracting officer, any of thecompleted or partially completed work nottheretofore delivered to, and accepted by, theGovernment and any other property, includingcontract rights, specifically produced orspecifically acquired for the performance ofsuch part of this contract as has beenterminated: and the contractor shall, upon thedirection of the contracting officer, protectand preserve property in the possession of thecontractor in which the Government has aninterest. The Government shall pay to thecontractor the contract price, if separatelystated, for completed work accepted by theGovernment and the amount agreed upon bythe contractor and the contracting officer for(1) completed work for which no separateprice is stated, (2) partially completed work,(3) other property described above which isaccepted by the Government, and (4) theprotection and preservation of property.Failure to agree shall be a dispute concerninga question of fact within the meaning of theclause of this contract entitled "Disputes."The Government may withhold from amountsotherwise due the contractor for suchcompleted supplies or manufacturingmaterials such sum as the contracting officerdetermines to be necessary to protect theGovernment against loss because ofoutstanding liens or claims of former lienholders.

e. If, after notice of termination of thiscontract under the provisions of this clause,it is determined for any reason that thecontractor was not in default under theprovisions of this clause, or that the defaultwas excusable under the provisions of thisclause, the rights and obligations of the partiesshall, if the contract contains a clauseproviding for termination for convenience ofthe Government, be the same as if the noticeof termination had been issued pursuant tosuch clause. If after notice of termination ofthis contract under the provisions of this

clause, it is determined for any reason that thecontractor was not in default under theprovisions of this clause, and if this contractdoes not contain a clause providing fortermination for convenience of theGovernment, the contract shall be equitablyadjusted to compensate for such terminationand the contract modified accordingly; failureto agree to any such adjustment shall be adispute concerning a question of fact withinthe meaning of the clause of this contractentitled "Disputes."

f. The right and remedies of the Governmentprovided in this clause shall not be exclusiveand are in addition to any other rights andremedies provided by law or under thiscontract.

g. As used in subparagraph c. of this clause,the terms "subcontractor" and"subcontractors" means subcontractor(s) atany tier.

9. TERMINATION FOR CONVENIENCE OFTHE GOVERNMENT(FPR 1-7.302-10(b) & 1-8.701)

a. The performance of work under thiscontract may be terminated by theGovernment in accordance with this clause inwhole, or from time to time in part, wheneverthe contracting officer shall determine thatsuch termination is in the best interest of theGovernment. Any such termination shall beeffected by delivery to the contractor of aNotice of Termination specifying the extent towhich performance of work under thecontract is terminated, and the date uponwhich such termination becomes effective.

b. After receipt of a Notice of Termination,and except as otherwise directed by thecontracting officer, the contractor shall:

(1) Stop work under the contract on thedate and to the extent specified in theNotice of Termination;

(2) Place no further orders or subcontractsfor materials, services, or facilities, exceptas may be necessary for completion of suchportion of the work under the contract asis not terminated;

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(3) Terminate all orders and subcontractsto the extent that they relate to theperformance of work terminated by theNotice of Termination;

(4) Assign to the Government, in themanner, at the times, and to'the extentdirected by the contracting officer, all ofthe right, title, and interest of the contractorunder the orders and subcontracts soterminated, in which case the Governmentshall have the right, in its discretion, tosettle or pay any or all claims arising out ofthe terminat ion of such orders andsubcontracts;

(5) Settle all outstanding liabilities and allclaims arising out of such termination oforders and subcontracts, with the approvalor ratification of the contracting officer, tothe extent he may require, which approvalor ratification shall be final for all thepurposes of this clause;

(6) Transfer title to the Government anddeliver in the manner, at the times, and tothe extent, if any, directed by thecontracting officer, (i)the fabricated orunfabricated parts, work in process,completed work, supplies, and othermaterial produced as a part of, or acquiredin connection with the performance of, thework terminated by the Notice ofTermination, and (ii) the completed orpartially completed plans, drawings,information and other property which, if thecontract had been completed, would havebeen required to be furnished to theGovernment;

(7) Use his best efforts to sell, in themanner, at the times, to the extent, and atthe price or prices directed or authorized bythe contracting officer, any property of thetypes referred to in (6) above: Provided,however. That the contractor (i) shall not berequired to extend credit to any purchaser,and (ii) may acquire any such propertyunder the conditions prescribed by and ata pr ice or pr ices approved by thecontracting officer: And provided further.That the proceeds of any such transfer ordisposition shall be applied in reduction ofany paymen ts to be made by theGovernment to the contractor under this

contract or shall otherwise be credited tothe price or cost of the work covered by thiscontract or paid in such other manner asthe contracting officer may direct;

(8) Complete performance of such part ofthe work as shall not have been teminatedby the Notice of Termination; and

(9) Take such action as may be necessary,or as the contracting officer may direct, forthe protection and preservation of theproperty related to this contract which is inthe possession of the contractor and inwhich the Government has or may acquirean interest.

At any time after expiration of the plantclearance period, as defined in subpart 1-8.1of the Federal Procurement Regulations(41 CFR 1-8.1), as the definition may beamended from time to time, the contractormay submit to the contracting officer a list,certified as to quantity and quality, of any orall items of termination inventory notpreviously disposed of, exclusive of items thedisposition of which has been directed orauthorized by the contracting officer, and mayrequest the Government to remove such itemsor enter into a storage agreement coveringthem. Not later than 15 days thereafter, theGovernment will accept title to such items andremove them or enter into a storageagreement covering the same: Provided, Thatthe list submit ted shall be subject toverification by the contracting officer uponremoval of the items or, if the items are stored,within 45 days from the date of submission ofthe list, and any necessary adjustment tocorrect the list as submitted shall be madeprior to final settlement.

c. After receipt of a Notice of Termination,the contractor shall submit to the contractingofficer his termination claim, in the form andwith ce r t i f i ca t i on prescr ibed by thecontracting officer. Such claims shall besubmitted promptly but in no event later than1 year from the effective date of termination,unless one or more extensions in writing aregranted by the contracting officer uponrequest of the contractor made in writingwithin such 1-year period or authorizedextension thereof. However, if the contractingofficer determines that the facts justify such

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action, he may receive and act upon any suchtermination claim at any time after such 1 -yearperiod or any extension thereof. Upon failureof the contractor to submit his terminationclaim within the time allowed, the contractingofficer may, subject to any review required bythe contracting agency's procedures in effectas of the date of execution of this contract,determine, on the basis of informationavailable to him, the amount, if any, due to thecontractor by reason of the termination andshall thereupon pay to the contractor theamount so determined.

d. Subject to the provisions of subparagraphc., and subject to any review required by the1

contracting agency's procedures in effect asof the date of execution of this contract, thecontractor and the contracting officer mayagree upon the whole or any part of theamount or amounts to be paid to thecontractor by reason of the total or partialtermination of work pursuant to this clause,which amount or amounts may include areasonable allowance for profit on work done:Provided, That such agreed amount oramounts, exclusive of settlement costs, shallnot exceed the total contract price as reducedby the amount of payments otherwise madeand as further reduced by the contract priceof work not terminated. The contract shall beamended accordingly, and the contractorshall be paid the agreed amount. Nothing insubparagraph e. of this clause, prescribing theamount to be paid to the contractor in theevent of failure of the contractor and thecontracting officer to agree upon the wholeamount to be paid to the contractor by reasonof the termination of work pursuant to thisclause, shall be deemed to limit, restrict, orotherwise determine or affect the amount oramounts which may be agreed upon to bepaid to the contractor pursuant to thissubparagraph d.

e. In the event of the failure of the contractorand the contracting officer to agree asprovided in subparagraph d. upon the wholeamount to be paid to the contractor by reasonof the termination of work pursuant to thisclause, the contracting officer shall, subject toany review required by the contractingagency's procedures in effect as of the dateof execution of this contract, determine, onthe basis of information available to him, the

amount, if any, due to the contractor byreason of the termination and shall pay to thecontractor the amounts determined asfollows:

(1) For completed supplies accepted bythe Government (or sold or acquired asprovided in subparagraph b.{7) above) andnot theretofore paid for, a sum equivalentto the aggregate price for such suppliescomputed in accordance with the price orprices specified in the contract,appropriately adjusted for any saving offreight or other charges;

(2) The total of-

(i) The costs incurred in theperformance of the work terminated,including initial costs and preparatoryexpense allocable thereto, but exclusiveof any costs attributable to supplies paidor to be paid for under subparagraphe.(1) hereof;

(ii) The cost of settling and payingclaims arising out of the termination ofwork under subcontracts or orders, asprovided in subparagraph b.(5) above,which are properly chargeable to theterminated portion of the contract(exclusive of amounts paid or payable onaccount of supplies or materialsdelivered or services furnished bysubcontractors or vendors prior to theeffective date of the Notice ofTermination, which amounts shall beincluded in the costs payable under (i)above); and

(iii) A sum, as profit on (i), above,determined by the contracting officerpursuant to § 1-8.303 of the FederalProcurement Regulations (41 CFR1-8.303). in effect as of the date ofexecution of this contract, to be fair andreasonable: Provided, however. That if itappears that the contractor would havesustained a loss on the entire contracthad it been completed, no profit shall be

.included or allowed under thissubdivision (iii) and an appropriateadjustment shall be made reducing theamount of the settlement to reflect theindicated rate of loss; and

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(3) The reasonable costs of settlement,including accounting, legal, clerical, andother expenses reasonably necessary forthe preparation of settlement claims andsupporting data with respect to theterminated portion of the contract and forthe terminat ion and set t lement ofsubcontracts thereunder, together withreasonable storage, transportation, andother costs incurred in connection with theprotection or disposition of propertyallocable to this contract.

The total sum to be paid to the contractorunder (1) and (2) of this subparagraph e. shallnot exceed the total contract price as reducedby the amount of payments otherwise madeand as further reduced by the contract priceof work not terminated. Except for normalspoilage and except to the extent that theGovernment shall have otherwise expresslyassumed the risk of loss, there shall beexcluded from the amounts payable to thecontractor as provided in e.(1) and (2)(i) above,the fa i r value, as determined by thecontracting officer, of property which isdestroyed, lost, stolen, or damaged so as tobecome undeliverable to the Government, orto a buyer pursuant to subparagraph b.(7).

f. Costs claimed, agreed to. or determinedpursuant to subparagraphs c., d., and e. of thisclause shall be in accordance with theapplicable contract cost principles andprocedures in part 1-15 of the FederalProcurement Regulations (41 CFR 1-15) ineffect on the date of this contract.

g. The contractor shall have the right toappeal, under the clause of this contractentitled "Disputes" from any determinationmade by the contracting off icer undersubparagraph c. or e. above, except that, if thecontractor has failed to submit his claim withinthe time provided in subparagraph c. aboveand has failed to request extension of suchtime, he shall have no such right of appeal. Inany case where the contracting officer hasmade a determination of the amount dueunder subparagraph c. or e. above, theGovernment shall pay to the contractor thefollowing: (1) if there is no right of appealhereunder or if no timely appeal has beentaken, the amount so determined by thecontracting officer; or (2) if an appeal has

been taken, the amount finally determined onsuch appeal.

h. In ar r iv ing at the amount due thecontractor under this clause there shall bededucted (1) all unliquidated advance or otherpayments on account theretofore made to the

'contractor, applicable to the terminatedportion of this contract; (2) any claim whichthe Government may have against thecontractor in connection with this contract;and (3) the agreed price for, or the proceedsof sale of, any materials, supplies, or otherthings acquired by the contractor or sold,pursuant to the provisions of this clause, andnot otherwise recovered by or credited to theGovernment.

i. If the termination hereunder be partial,prior to the settlement of the terminatedportion of this contract, the contractor mayfile with the contracting officer a request inwriting for an equitable adjustment of theprice or prices specified in the contractrelating to the continued portion of thecontract (the portion not terminated by theNotice of Termination), and such equitableadjustment as may be agreed upon shall bemade in such price or prices.

j. The Government may from time to time,under such terms and conditions as it mayprescribe, make partial payments andpayments on account against costs incurredby the contractor in connection with theterminated portion of this contract whenever,in the opinion of the contracting officer, theaggregate of such payments shall be withinthe amount to which the contractor will beentitled hereunder. If the total of suchpayments is in excess of the amount finallyagreed or determined to be due under thisclause, such excess shall be payable by thecontractor to the Government upon demand,together with interest computed at the rateestablished by the Secretary of the Treasurypursuant to Public Law 92-41 [50 U.S.C. App.1215(b)(2)] for the Renegotiation Board, forthe period from the date such excess paymentis received by the contractor to the date onwh ich such e x c e s s is repa id to theGovernment: Provided, however, that nointerest shall be charged with respect to anysuch excess payment attr ibutable to areduction in the contractor's claim by reason

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of retention or other disposition of terminationinventory until 10 days after the date of suchretention or disposition, or such later date asdetermined by the contracting officer byreason of the circumstances.

k. Unless otherwise provided for in thiscontract, or by applicable statute, thecontractor, from the effective date oftermination and for a period of 3 years afterfinal settlement under this contract, shallpreserve and make available to theGovernment at all reasonable times at theoffice of the contractor but without directcharge to the Government, all his books,records, documents, and other evidencebearing on the costs and expenses of thecontractor under this contract and relating tothe work terminated hereunder, or, to theextent approved by the contracting officer,photographs, microphotographs. or otherauthentic reproductions thereof.

10. TERMINATION FOR CONVENIENCEOF THE GOVERNMENTFPR 1-7.302-10(b) and 1-8.704-1

{The following clause is applicable if this contractis with an educational institution or othernonprofit institution.)

a. The performance of work under thiscontract may be terminated, in whole or fromtime to time in part, by the Governmentwhenever for any reason the contractingofficer shall determine that such terminationis in the best interest of the Government.Termination of work hereunder shall beeffected by delivery to the contractor of aNotice of Termination specifying the extent towhich performance of work under thecontract is terminated and the date uponwhich such termination becomes effective.

b. After receipt of the Notice of Termination,the contractor shall cancel his outstandingcommitments hereunder covering theprocurement of materials, supplies,equipment, and miscellaneous items. Inaddition, the contractor shall exercise allreasonable diligence to accomplish thecancellation or diversion of his outstandingcommitments covering personal services andextending beyond the date of suchtermination to the extent that they relate to

the performance of any work terminated bythe notice. With respect to such canceledcommitments, the contractor agrees to(1) settle all outstanding liabilities and allclaims arising out of such cancellation ofcommitments, with the approval orratification of the contracting officer, to theextent he may require, which approval orratification shall be final for all purposes of thisclause, and (2) assign to the Government, inthe manner, at the time, and to the extentdirected by the contracting officer, all of theright, title, and interest of the contractor underthe orders and subcontracts so terminated, inwhich case the Government shall have theright, in its discretion, to settle or pay any orall claims arising out of the termination of suchorders and subcontracts.

c. The contractor shall submit his terminationclaim to the contracting officer promptly afterreceipt of a Notice of Termination, but in noevent later than 1 year from the effective datethereof, unless one or more extensions inwriting are granted by the contracting officerupon written request of the contractor withinsuch 1-year period or authorized extensionthereof. Upon failure of the contractor tosubmit his termination claim within the timeallowed, the contracting officer may, subjectto any review required by the contractingagency's procedures in effect as of the dateof execution of this contract, determine, onthe basis of information available to him, theamount, if any, due to the contractor byreason of the termination and shall thereuponpay to the contractor the amount sodetermined.

d. Any determination of costs underparagraph (c) shall be governed by thecontract cost principles and procedures insubpart 1-15.3 of the Federal ProcurementRegulations (41 CFR 1-15.3) in effect on thedate of this contract, except that if thecontractor is not an educational institutionany costs claimed, agreed to. or determinedpursuant to paragraphs (c) or (e) hereof shallbe in accordance with subpart 1-15.2 of theFederal Procurement Regulations (41 CFR1-15.2) in effect on the date of this contract.

e. Subject to the provisions of paragraph (c)above, and subject to any review required bythe contracting agency's procedures in effect

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as of the date of execution of this contract, thecontractor and the contracting officer mayagree upon the whole or any part of theamount or amounts to be paid to thecontractor by reason of the termination underthis clause, which amount or amounts mayinclude any reasonable cancellation chargesthereby incurred by the contractor and anyr e a s o n a b l e loss upon o u t s t a n d i n gcommitments for personal services which heis unable to cancel: Provided, however. Thatin connec t ion wi th any ou ts tand ingcommitments for personal services which thecontractor is unable to cancel, the contractorshall have exercised reasonable diligence todivert such commitments to his otheractivities and operations. Any such agreementshall be embodied in an amendment to thiscontract and the contractor shall be paid theagreed amount.

f. The Government may from time to time,under such terms and conditions as it mayprescribe, make partial payments againstcosts incurred by the contractor in connectionwith the terminated portion of this contractwhenever, in the opinion of the contractingofficer, the aggregate of such payments iswithin the amount to which the contractor willbe entitled hereunder. If the total of suchpayments is in excess of the amount finallyagreed or determined to be due under thisclause, such excess shall be payable by thecontractor to the Government upon demand:Provided, That if such excess is not so paidupon demand, interest thereon shall bepayable by the contractor to the Governmentat the rate established by the Secretary of theTreasury pursuant to Public Law 92-41 (50U.S.C. App. 1215(b){2) for the RenegotiationBoard, beginning 30 days from the date ofsuch demand.

g. The contractor agrees to transfer title tothe Government and deliver in the manner, atthe times, and to the extent, if any, directedby the contracting officer, such informationand items which, if the contract had beencompleted, would have been required to befurnished to the Government, including:

(1) Completed or partially completedplans, drawings, and information; and

(2) Materials or equipment produced or inprocess or acquired in connection with theperformance of the work terminated by thenotice.

Other than the above, any terminationinventory resulting from the termination of thecontract may, with the written approval of thecontracting officer, be sold or acquired by thecontractor under the conditions prescribed byand at a price or prices approved by thecontracting officer. The proceeds of any suchdisposition shall be applied in reduction of anypayments to be made by the Government tothe contractor under this contract or shallotherwise be credited to the price or cost ofwork covered by this contract or paid in suchother manner as the contracting officer maydirect. Pending final disposition of propertyarising from the termination, the contractoragrees to take such act ion as may benecessary, or as the contracting officer maydirect, for the protection and preservation ofthe property related to this contract which isin the possession of the contractor and inwhich the Government has or may acquire aninterest.

h. Any disputes as to questions of fact whichmay arise hereunder shall be subject to the"Disputes" clause of this contract.

11. NOTICE AND ASSISTANCEREGARDING PATENT AND COPYRIGHTINFRINGEMENT(FPR 1-7.302-22 & 1-7.103-4)

The provisions of this clause shall be applicableonly if the amount of this contract exceeds$10,000.

a. The contractor shall report to thecont rac t ing o f f i ce r , prompt ly and inreasonable written detail, each notice or claimof patent or copyright infringement based onthe performance of this contract of which thecontractor has knowledge.

b. In the event of any claim or suit against theGovernment on account of any alleged patentor copyright infringement arising out of theperformance of this contract or out of the useof any supplies furnished or work or servicesperformed hereunder, the contractor shallfurnish to the Government, when requested

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by the contracting officer, all evidence andinformation in possession of the contractorpertaining to such suit or claim. Such evidenceand information shall be furnished at theexpense of the Government except where thecontractor has agreed to indemnify theGovernment.

12. ASSIGNMENT OF CLAIMS(FPR 1-7.302-5 & 1-30.703)

a. Pursuant to the provisions of theAssignment of Claims Act of 1 940, asamended (31 U.S.C. 203, 41 U.S.C. 15), ifthis contract provides for paymentsaggregating $1,000 or more, claims formoneys due or to become due the contractorfrom the Government under this contract maybe assigned to a bank, trust company, or otherfinancing institution, including any Federallending agency, and may thereafter be furtherassigned and reassigned to any suchinstitution. Any such assignment orreassignment shall cover all amounts payableunder this contract and not already paid, andshall not be made to more than one party,except that any such assignment orreassignment may be made to one party asagent or trustee for two or more partiesparticipating in such financing. Unlessotherwise provided in this contract, paymentsto assignee of any moneys due or to becomedue under this contract shall not. to the extentprovided in said Act as amended, be subjectto reduction or setoff. (The precedingsentence applies only if this contract is madein time of war or national emergency asdefined in said Act and is with the Departmentof Defense, the General ServicesAdministration, the Energy Research andDevelopment Administration, the NationalAeronautics and Space Administration, theFederal Aviation Administration, or any otherdepartment or agency of the United Statesdesignated by the President pursuant toclause 4 of the proviso of section 1 of theAssignment of Claims Act of 1 940, asamended by the Act of May 15, 1951, 65Stat. 41.)

b. In no event shall copies of this contract orof any plans, specifications, or other similardocuments relating to work under thiscontract, if marked "Top Secret," "Secret." or"Confidential," be furnished to any assignee

of any claim arising under this contract or toany other person not entitled to receive thesame. However, a copy of any part or all of thiscontract so marked may be furnished, or anyinformation contained therein may bedisclosed, to such assignee upon the priorwritten authorization of the contractingofficer.

13. EXAMINATION OF RECORDS BYCOMPTROLLER GENERAL(FPR 1-7.302-6 & 1-7.103-3)

a. This clause is applicable if the amount ofthis contract exceeds $10,000 and wasentered into by means of negotiation,including small business restrictedadvertising, but is not applicable if thiscontract was entered into by means of formaladvertising.

b. The contractor agrees that theComptroller General of the United States orany of his duly authorized representativesshall, until the expiration of 3 years after finalpayment under this contract or such lessertime specified in either appendix M of theArmed Services Procurement Regulation orthe Federal Procurement Regulations Part1-20, as appropriate, have access to and theright to examine any directly pertinent books,documents, papers, and records of thecontractor involving transactions related tothis contract.

c. The contractor further agrees to includein all his subcontracts hereunder a provisionto the effect that the subcontractor agreesthat the Comptroller General of the UnitedStates or any of his duly authorizedrepresentatives shall, until the expiration of 3years after final payment under thesubcontract or such lesser time specified ineither appendix M of the Armed ServicesProcurement Regulation or the FederalProcurement Regulations part 1-20, asappropriate, have access to and the right toexamine any directly pertinent books,documents, papers, and records of suchsubcontractor, involving transactions relatedto the subcontract. The term "subcontract" asused in this clause excludes (1) purchaseorders not exceeding $10,000 and(2) subcontracts or purchase orders for public

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utility services at rates established for uniformapplicability to the general public.

d. The periods of access and examinationdescribed in b. and c., above, for recordswhich relate to (1 )appea ls under the"Disputes" clause of this con t rac t .(2) litigation or the settlement of claims arisingout of the performance of this contract, or(3) costs and expenses of this contract as towhich exception has been taken by theComptroller General or any of his dulyauthorized representatives, shall continueuntil such appeals, litigation, claims, orexceptions have been disposed of.

14. INTEREST(FPR 1-7.303-26 &1-7.203-15)

Notwithstanding any other provision of thiscontract, unless paid within 30 days, all amountsthat become payable by the contractor to theGovernment under this contract (net of anyapplicable tax credit under the Internal RevenueCode) shall bear interest at the rate determinedby the Secretary of the Treasury pursuant toPublic Law 92-41,85 Stat. 97. Amounts shall bedue upon the earliest of (a) the date fixedpursuant to this contract; (b) the date of the firstwritten demand for payment, consistent with thiscontract, including demand consequent upondefault termination; (c) the date of transmittal bythe Government to the contractor of a proposedsupplemental agreement to confirm completednegotiations fixing the amount; or (d) if thiscontract provides for revision of prices, the dateof written notice to the contractor stating theamount of refund payable in connection with apricing proposal or in connection with anegotiated pricing agreement not confirmed bycontract supplement.

T5. PAYMENTS(FPR 1-7.302-2)

The contractor shall be paid, upon submission ofproper invoices or vouchers, the pricesstipulated herein for work delivered or renderedand accepted, less deductions, if any, as hereinprovided. Unless otherwise specified, paymentwill be made upon acceptance of any portion ofthe work delivered or rendered for which a priceis separately stated in the contract.

16. PRICING OF ADJUSTMENTS(FPR 1-7.302-29 & 1-7.102-20)

When costs are a factor in any determination ofa contract price adjustment pursuant to the"Changes" clause or any other provision of thiscontract, such costs shall be in accordance withthe contract cost principles and procedures inpart 1-15 of the Federal P rocurementRegulations (41 CFR 1-15).

1 7. FEDERAL, STATE, AND LOCALTAXES(FPR 1-7.302-7 & 1-11.401-1 (c))

(The following clause is applicable to contractsin excess of $ 10,000.)

a. Except as may be otherwise provided inthis contract the contract price includes allapplicable Federal, State, and local taxes andduties.

b. Nevertheless, with respect to any Federalexcise tax or duty on the transactions ofproperty covered by this contract, if a statute,court decision, written ruling, or regulationtakes effect after the contract date, and

(1) Results in the contractor beingrequired to pay or bear the burden of anysuch Federal excise tax or duty or increasein the rate thereof which would nototherwise have been payable on suchtransactions or property, the contract'priceshall be increased by the amount of suchtax or duty or rate increase: Provided, Thatthe con t rac to r if requested by thecontracting officer, warrants in writing thatno amount for such newly imposed Federalexcise tax or duty or rate increase wasincluded in the cont rac t pr ice as acontingency reserve or otherwise; or

(2) Results in the contractor not beingrequired to pay or bear the burden of, or inhis obtaining a refund or drawback of, anysuch Federal excise tax or duty whichwould otherwise have been payable onsuch transactions or property or which wasthe basis of an increase in the contractprice, the contract price shall be decreasedby the amount of the relief, refund, ordrawback, or that amount shall be paid tothe Government, as directed by the

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contracting officer. The contract price shallbe similarly decreased if the contractor,through his fault or negligence or his failureto follow instructions of the contractingofficer, is required to pay or bear theburden of, or does not obtain a refund ordrawback of, any such Federal excise tax orduty.

c. No adjustment pursuant to paragraph b.above will be made under this contract unlessthe aggregate amount thereof is or mayreasonably be expected to be over $ 100.

d. As used in paragraph b. above, the term"contract date" means the date set for the bidopening, or if this is a negotiated contract, thedate of this contract. As to additional suppliesor services procured by modification to thiscontract, the term "contract date" means thedate of such modification.

e. Unless there does not exist any reasonablebasis to sustain an exemption, theGovernment, upon request of the contractor,without further liability, agrees, except asotherwise provided in this contract, to furnishevidence appropriate to establish exemptionfrom any tax which the contractor warrants inwriting was excluded from the contract price.In addition, the contracting officer may furnishevidence to establish exemption from any taxthat may, pursuant to this clause, give rise toeither an increase or decrease in the contractprice. Except as otherwise provided in thiscontract, evidence appropriate to establishexemption from duties will be furnished onlyat the discretion of the contracting officer.

f. The contractor shall promptly notify thecontracting officer of matters which will resultin either an increase or decrease in thecontract price, and shall take action withrespect thereto as directed by the contractingofficer.

18. CONTRACT WORK HOURS AND SAFETYSTANDARDS ACT-OVERTIMECOMPENSATION(FPR 1-7.302-16 & 1-12.303)

This contract, to the extent that it is of acharacter specified in the Contract Work Hoursand Safety Standards Act (40 U.S.C. 327-333),is subject to the following provisions and to all

other applicable provisions and exceptions ofsuch Act and the regulations of the Secretary ofLabor thereunder.

a. Overtime requirements.-No contractor orsubcontractor contracting for any part of thecontract work which may require or involvethe employment of laborers, mechanics,apprentices, trainees, watchmen, and guardsshall require or permit any laborer, mechanic,apprentice, trainee, watchman, or guard inany workweek in which he is employed onsuch work to work in excess of 8 hours in anycalendar day or in excess of 40 hours in suchworkweek on work subject to the provisionsof the Contract Work Hours and SafetyStandards Act unless such laborer, mechanic,apprentice, trainee, watchman, or guardreceives compensation at a rate not less thanone and one-half times his basic rate of pay forall such hours worked in excess of 8 hours inany calendar day or in excess of 40 hours insuch workweek, whichever is the greaternumber of overtime hours.

b. Violation; liability for unpaid wages;liquidated damages.-In the event of anyviolation of the provisions of subparagraph a.,the contractor and any subcontractorresponsible therefor shall be liable to anyaffected employee for his unpaid wages. Inaddition, such contractor and subcontractorshall be liable to the United States forliquidated damages. Such liquidated damagesshall be computed with respect to eachindividual laborer, mechanic, apprentice,trainee, watchman, or guard employed inviolation of the provisions of subparagraph a.in the sum of $ 10 for each calendar day onwhich such employee was required orpermitted to be employed on such work inexcess of 8 hours or in excess of his standardworkweek of 40 hours without payment of theovertime wages required by subparagraph a.

c. Withholding for unpaid wages andliquidated damages.-The contracting officermay withhold from the Government primecontractor, from any moneys payable onaccount of work performed by the contractoror subcontractor, such sums as mayadministratively be determined to benecessary to satisfy any liabilities of suchcontractor or subcontractor for unpaid wages

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and liquidated damages as provided in theprovisions of subparagraph b.

d. Subcontracts.-The contractor shall insertsubparagraphs a. through d. of this clause inall subcontracts, and shall require theirinclusion in all subcontracts of any tier.

e. Records.-The contractor shall maintainpayroll records containing the informationspecified in 29 CFR 516.2(a). Such recordsshall be preserved for 3 years from thecompletion of the contract.

1 9. FAIR AND EQUITABLE COM-PENSATION TO PROFESSIONALEMPLOYEES(FPR Temp. Reg. 45.Supplement 2)

(The following is applicable if this contractexceeds $250.000 and will employ professionalemployees.)

a. Instructions to offerors.-

(1) Total compensation (salary and fringebenefits) of professional employees underservice contracts may. in some cases, belowered by recompet i t ion of thesecontracts. Lowering of compensation canbe detrimental in obtaining the necessaryquality of professional services needed foradequate per fo rmance of se rv i cecontracts. It is, therefore, in the besti n t e r e s t o f the G o v e r n m e n t tha tprofessional employees, as defined in 29CFR part 541. be properly and fairlycompensated in these contracts. As a partof their proposals, offerers will submit a"Total Compensation Plan" (salaries andfringe benefits) for these professionalemployees for evaluation purposes!Supporting information will include data,such as recognized national and regionalcompensation surveys and studies ofp r o f e s s i o n a l publ ic and p r i v a t eorganizations, used in establishing the totalcompensation structure.

(2) The Government will evaluate the TotalCompensation Plan to ensure that thisc o m p e n s a t i o n r e f l e c t s a soundm a n a g e m e n t a p p r o a c h a n d a nunderstanding of the requirements to be

performed. It will include an assessment oft h e o f f e r e r ' s a b i l i t y t o p r o v i d euninterrupted work of high quality. Thetotal compensation proposed will bee v a l u a t e d in t e r m s o f e n h a n c i n grecruitment and retention of personnel andits realism and consistency with a total planfor compensation (both salaries and fringebenefits).

(3) Criteria for evaluation, therefore, willinclude an assessment of the Tota lCompensation Plan submitted by eachofferer.

b. Evaluation criteria.-

(1) Total compensation plan (professionalemployees).-ln establishing compensationlevels for professional employees, the totalcompensation (both salaries and fringebenefits) proposed shall reflect a clearunderstanding of the requirements of thework to be accomplished and the suitabilityof the proposed compensation structure toobtain and retain qualified personnel tomeet mission objectives. The salary rates orranges must recognize the dist inctdifferences in professional skills and thecomplexity of varied disciplines as well asjob difficulty. Proposals offering totalcompensation levels less than currentlybeing paid by the predecessor contractorfor the same work will be evaluated, inaddition to the above, on the basis ofma in ta i n i ng p rog ram cont inu i ty ,uninterrupted work of high quality, andavai labi l i ty of required competentprofessional employees. Offerers arecautioned that instances of loweredcompensation for essentially the sameprofessional work may be considered a lackof sound management judgment in additionto indicating a lack of understanding of therequirement.

(2) Cost (professional compensation).-Proposals which are unrealistically low ordo not reflect a reasonable relationship ofcompensation to the professional jobcategories so as to impair the contractor'sability to recruit and retain competentprofessional employees, may be viewed asreflecting a failure to comprehend thecomplexity of the contract requirements.

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20.

The Government is concerned with thequality and stability of the work force to beemployed on this contract. Thecompensation data required will be used inevaluation of the offerer's understanding ofthe contract requirements.

(3) Other (labor relations).-An assessmentof the potential for adverse effect uponperformance and maintenance of therequired number of professional employeeswith requisite skills resulting from anunrealistically low compensation structurewill also be made.

AUDIT(FPR 1-7.303-28 & 1-3.814-2(a))

(The following clause is applicable if: (1)Thecontract exceeds $ 100,000 or (2) In connectionwith the initial pricing of the contract, (i) acertificate of cost or pricing data is required inaccordance with FPR 1-3.807-3(c), or (ii) partialcost or pricing data are obtained in accordancewith FPR 1-3.807-3.)

a. General.-The contracting officer or hisrepresentatives shall have the audit andinspection rights described in the applicablesubparagraphs b., c., and d. below.

b. Examination of costs.-lf this is a cost-reimbursement type, incentive, time-and-materials, labor-hour, or price-redeterminablecontract or any combination thereof, thecontractor shall maintain, and the contractingofficer or his representatives shall have theright to examine books, records, documents,and other evidence and accountingprocedures and practices, sufficient to reflectproperly all direct and indirect costs ofwhatever nature claimed to have beenincurred and anticipated to be incurred for theperformance of this contract. Such right ofexamination shall include inspection at allreasonable times of the contractor's plants, orsuch parts thereof, as may be engaged in theperformance of this contract.

c. Cost or pricing data.-lf the contractorsubmitted cost or pricing data in connectionwith the pricing of this contract or any changeor modification thereto, unless such pricingwas based on adequate price competition,established catalog or market prices of

commercial items sold in substantialquantities to the general public, or prices setby law or regulation, the contracting officer orhis representatives who are employees of theUnited States Government shall have the rightto examine all books, records, documents andother data of the contractor related to thenegotiation, pricing or performance of suchcontract, change or modification, for thepurpose of evaluating the accuracy,completeness and currency of the cost orpricing data submitted. Additionally, in thecase of pricing any change or modificationexceeding $ 100,000 to formally advertisedcontracts, the Comptroller General of theUnited States or his representatives who areemployees of the United States Governmentshall have such rights. The right ofexamination shall extend to all documentsnecessary to permit adequate evaluation ofthe cost or pricing data submitted, along withthe computations and projections usedtherein.

d. Availability.-The materials described in b.and c. above, shall be made available at theoffice of the contractor, at all reasonabletimes, for inspection, audit or reproduction,until the expiration of 3 years from the dateof final payment under this contract or suchlesser time specified in part 1-20 of theFederal Procurement Regulations (41 CFRPart 1-20) and for such longer period, if any,as is required by applicable statute, or by otherclauses of this contract, or by (1) and (2)below:

(1) If this contract is completely or partiallyterminated, the records relating to the workterminated shall be made available for aperiod of 3 years from the date of anyresulting final settlement.

(2) Records which relate to appeals underthe "Disputes" clause of this contract, orlitigation or the settlement of claims arisingout of the performance of this contract,shall be made available until such appeals,litigation, or claims have been disposed of.

e. The contractor shall insert a clausecontaining all the provisions of this clause,including this subparagraph e., in allsubcontracts hereunder except altered asnecessary for proper identification of the

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contracting parties and the contracting officerunder the Government prime contract.

21. PRICE REDUCTION FOR DEFECTIVECOST OR PRICING DATA(FPR 1-7.303-16 & 1-3.814-1(a))

(Under the conditions set forth in FPR 1-3.814-1 (a), the following shall be applicable.)

If any price, including profit or fee. negotiated inconnection with this contract or any costreimbursable under this contract was increasedby any significant sums because:

a. The contractor furnished cost or pricingdata which were not accurate, complete andcurrent as certified in the contractor'sCertificate of Current Cost or Pricing Data;

b. A subcontractor, pursuant to the clause ofthis contract entitled "Subcontractor Cost, orPricing Data" or "Subcontractor Cost orPricing Data-Price Adjustments" or anysubcontract clause therein required, furnishedcost or pricing data which were not accurate,complete and current as certified in thesubcontractor's Certificate of Current Cost orPricing Data:

c. A subcon t rac to r or p rospec t i vesubcontractor furnished cost or pricing datawhich were required to be accurate, completeand current and to be submitted to support asubcontract cost estimate furnished by thecontractor but which were not accurate,complete and currrent as of the date certifiedin the contractor's Certificate of Current Costor Pricing Data; or

d. The contractor or a subcontractor orprospective subcontractor furnished any data,not within a., b. or c. above, which were notaccurate as submitted; the price or cost shallbe reduced accordingly and the contract shallbe modified in writing as may be necessary toref lect such reduction. However, anyreduction in the contract price due todefective subcontract data of a prospectivesubcontractor when the subcontract was notsubsequently awarded to such subcontractor,will be limited to the amount (plus applicableoverhead and profit markup) by which theactual subcontract, or actual cost to thecontractor if there was no subcontract, was

less than the prospective subcontract costestimate submitted by the contractor:Provided. The actual subcontract price wasnot affected by defective cost or pricing data.

(NOTE: Since the contract is subject toreduction under this clause by reason ofdefective cost or pricing data submitted inconnection with certain subcontracts, it isexpected that the contractor may wish toinclude a clause in each such subcontractrequiring the subcontractor to appropriatelyindemnify the contractor. It is also expectedthat any subcontractor subject to suchindemnification will generally requiresubstantially similar indemnification fordefective cost or pricing data required to besubmitted by his lower tier subcontractors.)

22. SUBCONTRACTOR COST OR PRICINGDATA(FPR 1-7.303-29 & 1-3.814-3)

a . T h e c o n t r a c t o r s h a l l r e q u i r esubcontractors hereunder to submit, actuallyor by specific identification in writing, cost orp r i c i n g d a t a u n d e r t h e f o l l o w i n gcircumstances:

(1) Prior to the award of any subcontractthe amount of which is expected to exceed$ 100,000 when entered into:

(2) Prior to the pricing of any subcontractmodification which involves aggregateincreases and/or decreases in costs plusapplicable profrts expected to exceed$ 100,000; except where the price is basedon adequate price competition, establishedcatalog or market prices of commercialitems sold in substantial quantities to thegeneral public, or prices set by law orregulation.

b . T h e c o n t r a c t o r s h a l l r e q u i r esubcontractors to certify, in substantially thesame form as that used in the certificate by theprime contractor to the Government, that tothe best of their knowledge and belief, thecost and pricing data submitted under a.above are accurate, complete, and current asof the date of agreement on the negotiatedprice of the subcontract or subcontractchange or modification.

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c. The contractor shall insert the substanceof this clause including this subparagraph c.in each subcontract hereunder which exceeds$ 100,000 when entered into except wherethe price thereof is based on adequate pricecompetition, established catalog or marketprices of commercial items sold in substantialquantities to the general public, or prices setby law or regulation. In each such exceptedsubcontract hereunder in excess of$ 100,000, the contractor shall insert thesubstance of the following clause:

SUBCONTRACTOR COST OR PRICINGDATA-PRICE ADJUSTMENTS

a. Subparagraphs b. and c. of this clause shallbecome operative only with respect to anymodification made pursuant to one or moreprovisions of this contract which involvesaggregate increases and/or decreases incosts plus applicable profits expected toexceed $ 100,000. The requirements of thisclause shall be limited to such contractmodifications.

b. The contractor sha II requi resubcontractors hereunder to submit, actuallyor by specific identification in writing, cost orpricing data under the followingcircumstances:

(1) Prior to award of any subcontract, theamount of which is expected to exceed$ 100,000 when entered into;

(2) Prior to the pricing of any subcontractmodification which involves aggregateincreases and/or decreases in costs plusapplicable profits expected to exceed$ 100,000; except where the price is basedon adequate price competition, establishedcatalog or market prices of commercialitems sold in substantial quantities to thegeneral public, or prices set by law orregulation.

c. The contractor shall requiresubcontractors to certify, in substantially thesame form as that used in the certificate by theprime contractor to the Government, that tothe best of their knowledge and belief the costand pricing data submitted under b. above areaccurate, complete, and current as of the dateof agreement on the negotiated price of the

subcontract or subcontract change ormodification.

d. The contractor shall insert the substanceof this clause including this subparagraph d.in each subcontract hereunder which exceeds$ 100,000 when entered into.

23. COST ACCOUNTING STANDARDS-NONDEFENSE CONTRACT(FPR 1-7.303-55 & 1-3.1204-2(a))

(If this contract is in excess of $ 100.000 and thecontract is not exempt pursuant to FPR1-3.1 203-2(a), (b), and (c), the following shallapply.)

a. Unless the Administrator of GeneralServices has prescribed rules or regulationsexempting the contractor or this contractfrom standards, rules, and regulationspromulgated by the Cost AccountingStandards Board, the contractor, inconnection with this contract, shall:

(1) Follow consistently the costaccounting practices established ordisclosed as required by regulations of theCost Accounting Standards Board andadministered under the Administration ofCost Accounting Standards clause. If anychange in disclosed practices is made forpurposes of any contract or subcontractsubject to those disclosure requirements,the change must be applied in a consistentmanner to this contract.

(2) Comply with all cost accountingstandards which the contractor is requiredto comply with by reason of concurrentperformance of any contract orsubcontract subject to the Cost AccountingStandards clause (4 CFR 331} andadministered under the Administration ofCost Accounting Standards clause. Thecontractor also shall comply with any costaccounting standard which hereafterbecomes applicable to such a contract orsubcontract. Such compliance shall be

,. required prospectively from the date ofapplicability to such contract orsubcontract. Compliance shall continueuntil the contractor completesperformance of work under this contract.

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(3) Agree to an equitable adjustment (asprovided in the Changes clause of thiscontract, if any) if the contract cost isaffected by a change which, pursuant to (2)above, the contractor is required to maketo his established cost accounting practiceswhether such practices are covered by aDisclosure Statement or not.

(4) Negotiate with the contracting officerto determine the terms and conditionsunder which a change to either a disclosedcost accounting practice or an establishedcost accounting practice, other than achange under a.(3) above, or a.(6) below,may be made. A change to a practice maybe proposed by either the Government orthe contractor: Provided, however, that noagreement may be made under thisprovision that will increase costs paid bythe United States.

(5) Agree to an adjustment of the contractprice or cost allowance, as appropriate, ifit or a subcontractor fails to comply withthe applicable Cost Accounting Standardsor to follow any practice disclosed orestablished pursuant to subparagraph a.(1)or (2) above and such failure results in anyincreased costs paid by the United States.Such adjustment shall provide for recoveryof the increased costs to the United Statestogether with interest thereon computed atthe rate determined by the Secretary of theTreasury pursuant to P.L 92-41 (50 U.S.C.App. 1215(b)(2)), or 7 percent per annum,whichever is less, from time the payment bythe United States was made to the time theadjustment is effected.

(6) Negotiate an equitable adjustment (asprovided in the Changes clause of thiscontract, if any) when the parties agree toa change to either a disclosed costaccounting practice or an established costaccounting practice.

b. The contractor shall permit any authorizedrepresentatives of the head of the agency, ofthe Cost Accounting Standards Board, or ofthe Comptroller General of the United Statesto examine and make cop ies of anydocuments, papers, or records relating tocompliance with the requirements of thisclause until the expiration of 3 years after final

payment under this contract or such lessertime specified in the Federal ProcurementRegulations (FPR) part 1-20.

c. Unless a subcontract or subcontractor isexempt under rules or regulations prescribedby the administrator of General Services, thecontractor: (1) shall include the substance ofthis clause, including this subparagraph c.. inall negotiated subcontracts under thiscontract with subcontractors that arecurrently performing a national defensecontract or subcontract that contains theclause entitled Cost Accounting Standardsand that are currently required to accept theclause in applicable national defense awards,and (2) shall include the substance of theConsistency of Cost Accounting Practices-Nondefense Contract clause set forth in #1-3.1 204-2(b) of the FPR in negotiatedsubcontracts under this contract with all othersubcontractors. The contractor may elect touse the substance of the solicitation notice setforth in # 1-3.1 203-2(b) of the FPR in hisdetermination of applicability cost accountingstandards to subcontracts.

d. The terms defined in £ 331.20 of part331 of title 4, Code of Federal Regulations,shall have the same meaning herein. As theredefined, "negotiated subcontract" means"any subcontract except a firm fixed-pricesubcontract made by a contractor orsubcontractor after receiving offers from atleast two firms not associated with each otheror such contractor or subcontractor, providing(1)the solicitation to all competing firms isidentical, (2) price is the only consideration inselecting the subcontractor from among thecompeting firms solicited, and (3) the lowestoffer received in compl iance with thesolicitation from among those solicited isaccepted."

e. The administration of this clause by theGovernment shall be accompl ished inconjunction with the administration of thecontractor's national defense contracts andsubcontracts subject to rules and regulationsof the Cost Accounting Standards Board,pursuant to the Administration of CostAccounting Standards clause. For the purposeof the Administration of Cost AccountingStandards clause contained in this contract,references to the Cost Accounting Standards

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clause shall be deemed to include this CostAccounting Standards-Nondefense Contractclause and reference to the Disclosure andConsistency of Cost Accounting Practicesclause shall be deemed to include theConsistency of Costing Accounting Practices-Nondefense Contract clause.

24. CONSISTENCY OF COST ACCOUNTINGPRACTICES-NONDEFENSE CONTRACT(FPR 1-7.303-55 & 1-3.1204-2(b))

(This clause shall apply if this contract is the firstnegotiated nondefense contract over $500,000received by a contractor business unit notperforming a cost accounting standard contractor subcontract pursuant to FPR 1-3.1 203-

a. Unless the Administrator of GeneralServices has prescribed rules or regulationsexempting the contractor or this contractfrom standards, rules, and regulationspromulgated by the Cost AccountingStandards Board, the contractor, inconnection with this contract, shall:

(1) Comply with the requirements of4 CFR parts 401, Consistency inEstimating, Accumulating, and ReportingCosts, and 402, Consistency in AllocatingCosts Incurred for the Same Purpose, ineffect on the date of award of this contractand administered under the Administrationof Cost Accounting Standards clause.Compliance shall continue until thecontractor completes performance of workunder this contract.

(2) Follow consistently the costaccounting practices established ordisclosed as required by regulations of theCost Accounting Standards Board andadministered under the Administration ofCost Accounting Standards clause. If anychange is made in established practices orin disclosed practices for purposes of anycontract or subcontract subject to thosedisclosure requirements, the change mustbe applied in a consistent manner to thiscontract. A change to these practices maybe proposed, however, by either theGovernment or the contractor and thecontractor agrees to negotiate with thecontracting officer the terms and

conditions under which a change may bemade. After the terms and conditions underwhich the change is to be made have beenagreed to, the change must be appliedprospectively to this contract. Noagreement may be made under thisprovision that will increase costs paid bythe United States.

(3) Agree to an adjustment of the contractprice or cost allowance, as appropriate, ifit or a subcontractor fails to comply withthe applicable Cost Accounting Standardsor to follow any practice disclosed orestablished pursuant to subparagraph a.(2)above and such failure results in anyincreased costs paid by the United States.Such adjustment shall provide for recoveryof the increased costs to the United Statestogether with interest thereon computed atthe rate determined by the Secretary of theTreasury pursuant to P.L 92-41 (50 U.S.C.App. 1215(b)(2)), or 7 percent per annum,whichever is less from the time the paymentby the United States was made to the timethe adjustment is effected.

(4) Negotiate an equitable adjustment (asprovided in the Changes clause of thiscontract, if any) when the parties agree toa change to either a disclosed costaccounting practice or an established costaccounting practice.

b. The contractor shall permit any authorizedrepresentatives of the head of the agency, ofthe Cost Accounting Standards Board, or ofthe Comptroller General of the United Statesto examine and make copies of anydocuments, papers, or records relating tocompliance with the requirements of thisclause until the expiration of 3 years after finalpayment under this contract or such lessertime specified in the Federal ProcurementRegulations (FPR) part 1-20.

c. Unless a subcontract or subcontractor isexempt under rules or regulations prescribedby the Administrator of General Services, thecontractor shall include the substance of thisclause, including this subparagraph c., in allnegotiated subcontracts under this contract,except that it shall include the substance ofthe Cost Accounting Standards-NondefenseContract clause set forth in # 1-3.1204-2(a)

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of the FPR in negotiated subcontracts underthis contract with subcontractors that arecurrently performing a national defensecontract or subcontract that contains theclause entitled Cost Accounting Standardsand that are currently required to accept thatclause in applicable negotiated nationaldefense contracts. The contractor may electto use the substance of the solicitation noticeset forth in # 1-3.1203-2(b) of the FPR in hisdetermination of applicabil i ty of costaccounting standards to subcontracts.

d. The terms defined in 4 CFR 331.20 and332.20 shall have the same meanings herein.As there defined, "negotiated subcontract"means "any subcontract except a firm fixed-price subcontract made by a contractor orsubcontractor after receiving offers from atleast two firms not associated with each otheror such contractor or subcontractor, providing(1}the solicitation to all competing firms isidentical. (2) price is the only consideration inselecting the subcontractor from among thecompeting firms solicited, and (3) the lowestoffer received in compliance with thesolicitation from among those solicited isaccepted."

e. The administration of this clause by theGovernment shall be accomplished inconjunction with the administration of thecontractor's national defense contracts andsubcontracts, if any. subject to rules andregulations of the Cost Accounting StandardsBoard, pursuant to the Administration of CostAccounting Standards clause. For thepurposes of the Administration of CostAccounting Standards clause contained in thiscontract, references to the Disclosure andConsistency of Cost Accounting Practicesclause shall be deemed to include thisConsistency of Cost Accounting Practices-Nondefense Contract clauses and referencesto the Cost Accounting Standards clausesshall be deemed to include the CostAccounting Standards-Nondefense Contractclause.

25. ADMINISTRATION OF COSTACCOUNTINGSTANDARDS(FPR 1-7.303-55 & 1-3.1 204-2(c))

(If this contract is in excess of $ 100,000 and the

cont ract is not exempt pursuant to FPR1-3.1 203-2(a). (b), and (c). the following shallapply.)

For the purpose of admin is t ra t ing CostAccounting Standards requirements under thiscontract, the contractor shall:

a. Submit to the cognizant contractingofficer a description of the accounting changeand the general dollar magnitude of thechange to reflect the sum of all increases andthe sum of all decreases for all contractscontaining the Cost Accounting Standardsclause or the Disclosure and Consistency ofCost Accounting Practices clause:

(1) For any change in cost accountingpractices required to comply with a newcost accounting standard in accordancewith subparagraphs a.(3) and (4)(A) of theCost Accounting Standards clause within60 days (or such other date as may bemutually agreed to) after award of acontract requiring such change;

(2) For any change to cost accountingpractices proposed in accordance withsubparagraph a.(4)(B) or a.(4)(C) of the CostAccounting Standards clause or withsubparagraph a.(3) or a.(5) of the Disclosureand Consistency of Cost AccountingPractices clause not less than 60 days (orsuch other date as may be mutually agreedto) prior to the effect ive date of theproposed change; or

(3) For any failure to comply with anapplicable Cost Accounting Standard or tof o l l o w a d i s c l o s e d p r a c t i c e a scontemplated by subparagraph a.(5) of theCost Accounting Standards clause or withsubparagraph a.(4) of the Disclosure andConsistency of Cost Accounting Practicesclause within 60 days (or such other dateas may be mutually agreed to) after the dateof agreement of such noncompliance bythe contractor.

b. Submit a cost impact proposal in the formand manner specified by the cognizantcontracting officer within 60 days (or suchother date as may be mutually agreed to) afterthe date of determination of the adequacy and

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compliance of a change submitted pursuantto a.(1). (2). or (3) above.

c. Agree to appropriate contract andsubcontract amendments to reflectadjustments established in accordance withsubparagraphs a.(4) and (5) of the CostAccounting Standards clause or withsubparagraphs a.(3), (4). or (5) of theDisclosure and Consistency of CostAccounting Practices clause.

d. When the subcontract is subject to eitherthe Cost Accounting Standards clause or theDisclosure and Consistency of CostAccounting Practices clause so state in thebody of the subcontract and/or in the letterof award. Self-deleting clauses shall not beused.

e. Include the substance of this clause in allnegotiated subcontracts containing either theCost Accounting Standards clause or theDisclosure and Consistency of CostAccounting Practices clause. In addition,include a provision in these subcontractswhich will require such subcontractors, within30 days after receipt of award (or such otherdate as may be mutually agreed to) to submitthe following information to the ContractAdministration Office cognizant of thesubcontractor's facility.

(1) Subcontractor's name and subcontractnumber.

(2) Dollar amount and date of award.

(3) Name of contractor making the award.

(4) A statement as to whether thesubcontractor has made or proposes tomake any changes to accounting practicesthat affect prime contracts or subcontractscontaining the Cost Accounting Standardsclause or Disclosure and Consistency ofCost Accounting Practices clause unlesssuch changes have already been reported.If award of the subcontract results inmaking a cost accounting standard(s)effective for the first time, this shall also bereported.

f. For negotiated subcontracts containingthe Cost Accounting Standards clause.

require the subcontractor to comply with allstandards in effect on the date of finalagreement on price as shown on thesubcontractor's signed Certificate of CurrentCost or Pricing Data or date of award,whichever is earlier.

g. In the event an adjustment is required tobe made to any subcontract hereunder, notifythe contracting officer in writing of suchadjustment and agree to an adjustment in theprice or estimated cost and fee of thiscontract, as appropriate, based upon theadjustment established under thesubcontract. Such notice shall be given within30 days after receipt of the proposedsubcontract adjustment, and shall include aproposal for adjustment to such higher tiersubcontract or prime contract as appropriate.

h. When either the Cost AccountingStandards clause or the Disclosure andConsistency of Cost Accounting Practicesclause and this clause are included insubcontracts, the term "contracting officer"shall be suitably altered to identify thepurchaser.

26. OFFICIALS NOT TO BENEFIT(FPR 1-7.302-18 & 1-7.102-17)

No member of or delegate to Congress, orResident Commissioner, shall be admitted to anyshare or part of this contract, or to any benefitthat may arise therefrom; but this provision shallnot be construed to extend to this contuct ifmade with a corporation for its general benefit.

27. COVENANT AGAINST CONTINGENTFEES(FPR 1-7.302-19 & 1-1.503)

The contractor warrants that no person or sellingagency has been employed or retained to solicitor secure this contract upon an agreement orunderstanding for a commission, percentage,brokerage, or contingent fee. excepting bonafide employee or bona fide establishedcommercial or selling agencies maintained bythe contractor for the purpose of securingbusiness. For breach or violation of this warrantythe Government shall have the right to annul thiscontract without liability or in its discretion todeduct from the contract price or consideration,or otherwise recover, the full amount of such

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commission, percentage, brokerage, orcontingent fee.

28. CONVICT LABOR(FPR 1-7.302-14 & 1-12.204)

In connection with the performance of workunder this contract, the contractor agrees not toemploy any person undergoing sentence ofimprisonment except as provided by Public Law89-1 76, September 1 0. 1 965 (1 8 U.S.C.4082(c)(2)) Executive Order No. 1 1755,December 29, 1973.

29. EQUAL OPPORTUNITY(FPR 1-1302-1 6 & 1-12.803-2)

(The following clause is applicable unless thiscontract is exempt under the rules, regulations,and relevant orders of the Secretary of Labor (41CFR. ch. 60).)

During the performance of this contract, thecontractor agrees as follows:

a. The contractor will not discriminateagainst any employee or applicant foremployment because of race, color, religion,sex, or national origin. The contractor will takeaffirmative action to ensure that applicantsare employed, and that employees are treatedduring employment, without regard to theirrace, color, religion, sex, or national origin.Such action shall include, but not be limitedto, the following: Employment, upgrading,demotion, or t ransfer; recrui tment orrecruitment advertising; layoff or termination;rates of pay or other forms of compensation;and select ion for training, includingapprenticeship. The contractor agrees to postin conspicuous places, available to employeesand applicants for employment, notices to beprovided by the contracting officer settingforth the provisions of this nondiscriminationclause.

b. The contractor will, in all solicitations oradvertisements for employees placed by or onbehalf of the contractor, state that all qualifiedapplicants will receive consideration foremployment without discrimination becauseof race, color, religion, sex. or national origin.

c. The contractor will send to each laborunion or representative of workers, with which

it has a collective bargaining agreement orother contract or understanding, a notice, tobe provided by the contracting off icer,advising the said labor union or workers'r e p r e s e n t a t i v e o f the c o n t r a c t o r ' scommitments under section 202 of ExecutiveOrder No. 11246 of September 24, 1965,and shall post copies of the not ice inconspicuous places available to employeesand applicants for employment.

d. The contractor will comply with allprovisions of Executive Order No. 11246 ofSeptember 24,1965, as amended, and of therules, regulations, and relevant orders of theSecretary of Labor.

e. The contractor will furnish all informationand reports required by said amendedExecutive Order and by the rules, regulations,and orders of the Secretary of Labor, orpursuant thereto, and will permit access to itsbooks, records, and accounts by thecontracting officer and the Secretary of Laborfor purposes of investigation to ascertaincompliance with such rules, regulations, andorders.

f. In the event of the c o n t r a c t o r ' snoncompliance with the nondiscriminationclauses of this contract or with any of the suchrules, regulations, or orders, this contract maybe canceled, terminated, or suspended, inwhole or in part, and the contractor may bedeclared ineligible for further Governmentcontracts in accordance with proceduresauthorized in said amended Executive Order,and such other sanctions may be imposed andremedies invoked as provided in saidExecutive Order, or by rule, regulation, ororder of the Secretary of Labor, or asotherwise provided by law.

g. The contractor will include the provisionsof subparagraphs a. through g. in everysubcontract or purchase order unlessexempted by the rules, regulations, or ordersof the Secretary of Labor issued pursuant tosection 204 of said amended ExecutiveOrder, so that such provisions will be bindingupon each subcontrctor or vendor. Thecontractor will take such action with respectto any subcontract or purchase order as maybe directed by the Secretary of Labor as ameans of enforcing such provisions, including

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sanctions for noncompliance; Provided,however. That in the event a contractorbecomes involved in, or is threatened with,litigation with a subcontractor or vendor as aresult of such direction, the contractor mayrequest the United States to enter into suchlitigation to protect the interests of the UnitedStates.

Note: Equal Employment Opportunityprovisions are directed by Executive Order No.11 246 of September 24, 1 965 (3 CFR page167,1 965 Supplement), as amended byExecutive Order No. 1 1375 of October 13,1 967 (3 CFR page 320,1967 Compilation), andExecutive Order No. 1 2086 of October 5,1978."

30. DISABLED VETERANS ANDVETERANS OF THE VIETNAMERA

• (FPR 1-7.302-30 & TemporaryRegulation 39)

a. The contractor will not discriminateagainst any employee or applicant foremployment because he or she is a disabledveteran or veteran of the Vietnam era inregard to any position for which the employeeor applicant for employment is qualified. Thecontractor agrees to take affirmative action toemploy, advance in employment, andotherwise treat qualified disabled veteransand veterans of the Vietnam era withoutdiscrimination based upon their disability orveteran's status in all employment practicessuch as the following: employment upgrading,demotion or transfer, recruitment, advertising,layoff or termination, rates of pay. or otherforms of compensation, and selection fortraining, including apprenticeship.

b. The contractor agrees that all suitableemployment openings of the contractor whichexist at the time of the execution of thiscontract and those which occur during theperformance of this contract, including thosenot generated by this contract and includingthose occurring at an establishment of thecontractor other than the one wherein thecontract is being performed, but excludingthose of independently operated corporateaffiliates, shall be listed at an appropriate localoffice of the State employment service systemwherein the opening occurs. The contractor

further agrees to provide such reports to suchlocal office regarding employment openingsand hires as may be required.

State and local Government agencies holdingFederal contracts of $10,000 or more shallalso list all their suitable openings with theappropriate office of the State employmentservice, but are not required to provide thosereports set forth in subparagraphs d. and e.

c. Listing of employment openings with theemployment service system pursuant to thisclause shall be made at least concurrently withthe use of any other recruitment source oreffort and shall involve the normal obligationswhich attach to the placing of a bona fide joborder, including the acceptance of referrals ofveterans and nonveterans. The listing ofemployment openings does not require thehiring of any particular job applicant or fromany particular group of job applicants, andnothing herein is intended to relieve thecontractor from any requirements inExecutive orders or regulations regardingnondiscrimination in employment.

d. The reports required by subparagraph b.of this clause shall include, but not be limitedto, periodic reports which shall be filed at leastquarterly with the appropriate local office, orwhere the contractor has more than one hiringlocation in a State, with the central office ofthat State employment service. Such reportsshall indicate for each hiring location: (1)thenumber of individuals hired during thereporting period, (2)the number ofnondisabled veterans of the Vietnam erahired, (3) the number of disabled veterans ofthe Vietnam era hired, and (4) the total numberof disabled veterans hired. The reports shouldinclude covered veterans hired for on-the-jobtraining under 38 U.S.C. 1787. Thecontractor shall submit a report within 30days after the end of each reporting periodwherein any performance is made on thiscontract identifying data for each hiringlocation. The contractor shall maintain at eachhiring location copies of the reports submitteduntil the expiration of 1 year after finalpayment under the contract, during whichtime these reports and related documentationshall be made available, upon request, forexamination by any authorizedrepresentatives of the contracting officer or of

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the Secretary of Labor. Documentation wouldinclude personnel records respecting jobopenings, recruitment and placement.

e. Whenever the contractor becomescontractually bound to the listing provisions ofthis clause, it shall advise the employmentservice system in each State where it hasestablishments of the name and location ofeach hiring location in the State. As long asthe contractor is contractually bound to theseprovisions and has so advised the Statesystem, there is no need to advise the Statesysem of subsequent con t rac ts . Thecontractor may advise the State system whenit is no longer bound by this contract clause.

f. This clause does not apply to the listing ofemployment openings which occur and arefilled outside the 50 States, the District ofColumbia. Puerto Rico, Guam, and the VirginIslands.

g. The provisions of subparagraphs b., c.. d.,and e. of this clause do not apply to openingswhich the contractor proposes to fill fromwithin his own organization or to fill pursuantto a customary and traditional employer-unionhiring arrangement. This exclusion does notapply to a particular opening once anemployer decides to consider applicantsoutside of his own organization or employer-union arrangement for that opening.

h. As used in this clause:

(1) "All suitable employment openings"includes, but is not limited to, openingswhich occur in the following job categories:production and nonproduction; plant andoffice; laborers and mechanics; supervisoryand nonsupervisory; technical; an,dexecutive, administrative, and professionalopenings that are compensated on a salarybasis of less than $25,000 per year. Thisterm includes full-time employment,temporary employment of more than 3days' duration, and part-time employment.It does not include openings which thecontractor proposes to fill from within hisown organization or to fill pursuant to acustomary and traditional employer-unionhiring arrangement, nor openings in aneducational institution which are restrictedto students of that institution. Under the

most compel l ing c i rcumstances, anemployment opening may not be suitablefor listing, including such situations wherethe needs of the Government cannotreasonably be otherwise supplied, wherelisting would be contrary to nationalsecurity, or where the requirement of listingwould otherwise not be for the best interestof the Government.

(2) "Appropriate off ice of the Stateemployment service system" means thelocal office of the Federal/State nationalsystem of public employment offices withassigned responsibility for serving the areawhere the employment opening is to befilled, including the District of Columbia.Guam, Puerto Rico, and the Virgin Islands.

(3) "Openings which the contractorproposes to fill from within his ownorganization" means employment openingsfor which no consideration will be given topersons outs ide the c o n t r a c t o r ' sorganization (including any affil iates,subsidaries, and the parent companies) andincludes any openings which the contractorproposes to fill from regularly established"recall" lists.

(4) "Openings which the contractorproposes to fill pursuant to a customary andt rad i t i ona l emp loye r -un ion h i r ingar rangement" means employmentopenings which the contractor proposes tofill from union halls, which is part of thec u s t o m a r y a n d t r a d i t i o n a l h i r i ngrelationship which exists between thecontractor and representatives of hisemployees.

i. The contractor agrees to comply with therules, regulations, and relevent orders of theSecretary of Labor issued pursuant to the Act.

j. In the event of the con t rac to r ' snoncompliance with the requirements of thisclause, actions for noncompliance may betaken in a c c o r d a n c e wi th the ru les,regulations, and relevant orders of theSecretary of Labor issued pursuant to the Act.

k. The con t rac to r ag rees to post inconspicuous places, available to employeesand applicants for employment, notices in a

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form to be prescribed by the director,provided by or through the contractingofficer. Such notice shall State thecontractor's obligation under the law to takeaffirmative action to employ and advance inemployment qualified disabled veterans andveterans of the Vietnam era for employmentand the rights of applicants and employees.

I. The contractor will notify each labor unionor representative of workers with which it hasa collective bargaining agreement or othercontract understanding, that the contractor isbound by terms of the Vietnam Era Veteran'sReadjustment Assistance act and iscommitted to take affirmative action toemploy and advance in employment qualifieddisabled veterans and veterans of the Vietnamera.

m. The contractor will include the provisionsof this clause in every subcontract or purchaseorder of $ 10,000 or more unless exemptedby rules, regulations, or orders of theSecretary issued pursuant to the act, so thatsuch provisions will be binding upon eachsubcontractor or vendor. The contractor willtake such action with respect to anysubcontract or purchase order as the Directorof Federal contract Compliance Programsmay direct to enforce such provisions,including action for noncompliance.

31. EMPLOYMENT OF THE HANDI-CAPPED(FPR 1-7.302-33 & TemporaryReg 38)

a. The contractor will not discriminateagainst any employee or applicant foremployment because of physical or mentalhandicap in regard to any position for whichthe employee or applicant for employment isqualified. The contractor agrees to takeaffirmative action to employ, advance inemployment, and otherwise treat qualifiedhandicapped individuals withoutdiscrimination based upon their physical ormental handicap in all employment practicessuch as the following: employment,upgrading, demotion or transfer, recruitment,advertising, layoff or termination, rates of payor other forms of compensation, and selectionfor training, including apprenticeship.

b. The contractor agrees to comply with therules, regulations, and relevant orders of theSecretary of Labor issued pursuant to theRehabilitation Act of I973, as amended.

c. In the event of the contractor'snoncompliance with the requirements of thisclause, actions for noncompliance may betaken in accordance with the rules,regulations, and relevant orders of theSecretary of Labor issued pursuant to the Act.

d. The contractor agrees to post inconspicuous places, available to employeesand applicants for employment, notices in aform to be prescribed by the Director, Officeof Federal Contract Compliance Programs,Department of Labor, provided by or throughthe contracting officer. Such notices shallstate the contractor's obligations under thelaw to take affirmative action to employ andadvance in employment qualifiedhandicapped employees and applicants foremployment, and the rights of applicants andemployees.

e. The contractor will notify each labor unionor representative of workers with which it hasa collective bargaining agreement or othercontract understanding, that the contractor isbound by the terms of section 503 of the Actand is committed to take affirmative action toemploy and advance in employmentphysically and mentally handicappedindividuals.

f. The contractor will include the provisionsof this clause in every subcontract or purchaseorder of $2,500 or more unless exempted byrules, regulations, or orders of the Secretaryof Labor issued pursuant to section 503 of theAct, so that such provisions will be bindingupon each subcontractor or vendor. Thecontractor will take such action with respectto any subcontract or purchase order as theDirector. Office of Federal ContractCompliance Programs, may direct to enforcesuch provisions, including action fornoncompliance.

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32. UTILIZATION OF LABOR SURPLUSAREA CONCERNS(FPR 1-7.302-26 & 1-1.805-3(a))

(The following clause is applicable if this contractexceeds $ 10.000 and is for services which arenot personal in nature.)

a. It is the policy of the Government to awardcontracts to labor surplus area concerns thatagree to perform substantially in labor surplusareas, where this can be done consistent withthe efficient performance of the contract andat prices no higher than are obtainableelsewhere. The contractor agrees to use hisbest efforts to place his subcontracts inaccordance with this policy.

b. In complying with subparagraph a. of thisclause and with subparagraph b. of the clauseof this contract entitled "Utilization of SmallBusiness Concerns and Small BusinessConcerns Owned and Controlled by Sociallyand E c o n o m i c a l l y D i s a d v a n t a g e dIndividuals," the contractor in placing hissubcontracts shall observe the following orderof preference: (1) small business concerns thatare labor surplus area concerns, (2) other smallbusiness concerns, and (3) other labor surplusarea concerns.

c. (1) The term "labor surplus area" meansa geographical area identified by theDepartment of Labor as an area ofc o n c e n t r a t e d u n e m p l o y m e n t o runderemployment or an area of laborsurplus.

(2) The term "labor surplus area concern"means a concern that together with its first-t ier s u b c o n t r a c t o r s wi l l p e r f o r msubstantially in labor surplus areas. .

(3) The term "perform substantially in alabor surplus area" means that the costsincurred on account of manufacturing,production, or appropriate services in laborsurplus areas exceed 50 percent of thecontract price.

33. LABOR SURPLUS AREA SUBCON-TRACTING PROGRAM(FPR 1-7.302-26 &. 1-1.805-3(b))

(The following clause is applicable if this contractexceeds $500,000.)

a. The contractor agrees to establish andconduct a program which will encouragelabor surplus area concerns to compete forsubcontracts within their capabilities. In thisconnection, the contractor shall-

(1) Designate a liaison officer who will(1) maintain liaison with duly authorizedrepresentatives of the Government on laborsurplus area matters, (ii) superv isecompliance with the Utilization of Concernsin Labor Surplus Areas clause, and(iii) administer the contractor's "LaborSurplus Area Subcontracting Program";

(2) Prov ide adequa te and t imelyconsideration of the potentialities of laborsurplus area concerns in all "make-or-buy"decisions:

(3) Assure that labor surplus area concernswill have an equitable opportunity tocompete for subcontracts, particularly byarranging solicitations, time for thep r e p a r a t i o n o f bids, q u a n t i t i e s ,specifications, and delivery schedules so asto facilitate the participation of laborsurplus area concerns:

(4) Mainta in records showing theprocedures which have been adopted tocomply with the policies set forth in thisclause and report subcontract awards (see41 CFR 1-16.804-5 regarding use ofOptional Form 61). Records maintainedpursuant to this clause will be kept availablefor review by the Government until theexpiration of 1 year after the award of thiscontract, or for such longer period as maybe required by any other clause of thiscontract or by applicable law or regulations:and

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(5) Include the Utilization of Concerns inLabor Surplus Areas clause in subcontractswhich offer substantial labor surplus areasubcontracting opportunities.

b. (1) The term "labor surplus area" meansa geographical area identified by theDepartment of Labor as an area ofconcentrated unemployment orunderemployment or an area of laborsurplus.

(2) The term "concern located in a laborsurplus area" means a labor surplus areaconcern.

(3) The term "labor surplus area concern"means a concern that, together with itsfirst-tier subcontractors, will performsubstantially in labor surplus areas.

(4) The term "perform substantially inlabor surplus areas" means that the costsincurred on account of manufacturing,production, or appropriate services in laborsurplus areas exceed 50 percent of thecontract price.

c. The contractor further agrees to insert, inany subcontract hereunder which may exceed$500,000 and which contains the UtilizationOf Concerns in Labor Surplus Areas clause,provisions which shall conform substantiallyto the language of this clause, including thissubparagraph c., and to notify the contractingofficer of the names of such subcontractors.

34. UTILIZATION OF WOMEN-OWNED BUSINESS CONCERNS(FPR Temporary Regulation 54)

(The following clause is applicable if the contractis over $ 10,000 except (1) contracts which,including all subcontracts thereunder, are to tobe performed entirely outside the United States,its possessions, Puerto Rico, and the TrustTerritory of the Pacific Islands; and (2) contractsfor services which are personal in nature.)

a. It is the policy of the United StatesGovernment that women-owned businessesshall have the maximum practicableopportunity to participate in the performanceof contracts awarded by any Federal agency.

b. The contractor agrees to use his bestefforts to carry out this policy in the award ofsubcontracts to the fullest extent consistentwith the efficient performance of thiscontract. As used in this contract, a "woman-owned business" concern means a businessthat is at least 51 percent owned by a womanor women who also control and operate it."Control" in this context means exercising thepower to make policy decisions. "Operate" inthis context means being actively involved inthe day-to-day management. "Women" meanall women business owners.

35. WOMEN-OWNED BUSINESSCONCERNS SUBCONTRACTINGPROGRAM(FPR Temporary Regulation 54)

(The following clause is applicable if this contractexceeds $500,000.)

a. The contractor agrees to establish andconduct a program which will enable women-owned business concerns to be consideredfairly as subcontractors and suppliers underthis contract. In this connection, thecontractor shall:

(1) Designate a liaison officer who willadminister the contractor's "Women-Owned Business Concerns Program."

(2) Provide adequate and timelyconsideration of the potentialities of knownwomen-owned business concerns in all"make-or-buy" decisions.

(3) Develop a list of qualified bidders thatare women-owned businesses and assurethat known women-owned businessconcerns have an equitable opportunity tocompete for subcontracts, particularly bymaking information on forthcomingopportunities available, by arrangingsolicitations, time for the preparation ofbids, quantities, specifications, and deliveryschedules so as to facilitate theparticipation of women-owned businessconcerns.

(4) Maintain records showing(i) procedures which have been adopted tocomply with the policies set forth in thisclause, including the establishment of a

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source list of women-owned businessconcerns; (ii) awards to women-ownedbusinesses on the source list by minorityand nonminority women-owned businessconcerns: and (iii) specific efforts to identifyand award contracts to women-ownedbusiness concerns.

(5) Include the "Utilization of Women-Owned Business Concerns" clause insubcontracts which offer substantialsubcontracting opportunities.

(6) Cooperate in any studies and surveysof the contractor's women-owned businessconcerns procedures and practices that thecontracting officer may from time to timeconduct.

(7 ) Subm i t p e r i o d i c r e p o r t s o fsubcontracting to women-owned businessconcerns with respect to the recordsreferred to in subparagraph (4) above, insuch form and manner and at such time (notmore o f ten than quar ter ly ) as thecontracting officer may prescribe.

b. The contractor further agrees to insert, inany subcontract hereunder which may exceed$500,000 or $1.000.000 in the case ofcontracts for the construction of any publicfac i l i ty and which o f fe rs substant ia lsubcontracting possibilities, provisions whichshall conform substantially to the language ofthis clause, including this subparagraph b..and to notify the contracting officer of thenames of such subcontractors.

c. The contractor further agrees to requirewritten certification by its subcontractors thatthey are bona fide women-owned andcontrolled business concerns in accordancewith the definition of a women-ownedbusiness concern as set forth in the UtilizationClause 1 (b) above at the time of submission ofbids or proposals.

36. UTILIZATION OF SMALLBUSINESS CONCERNS ANDSMALL BUSINESS CONCERNSOWNED AND CONTROLLED BYSOCIALLY AND ECONOM-ICALLY DISADVANTAGEDINDIVIDUALS(FPR Temporary Regulation 50,Supplement 2)

(The following clause is applicable if this contractexceeds $ 1 0,000 except (1) contracts forservices which are personal in nature and(2) contracts which will be performed entirely(including all subcontracts) outside any State,territory, or possession of the United States, theDistrict of Columbia, or the Commonwealth ofPuerto Rico.)

a. It is the policy of the United States thatsmall business concerns and small businessconcerns owned and controlled by sociallyand economically disadvantaged individualsshall have the maximum p rac t i cab leopportunity to participate in the performanceof contracts let by any Federal agency.

b. The contractor hereby agrees to carry outthis policy in the awarding of subcontracts tothe fullest extent consistent with the officialperformance of this contract. The contractorfurther agrees to cooperate in any studies orsurveys as may be conducted by the SmallBusiness Administration or the contractingagency which may be necessary to determinethe extent of the contractor's compliance withthis clause.

c. (1) As used in this contract, the term"small business concern" shall mean a smallbusiness as defined pursuant to section 3of the Small Business Act and relevantregulations promulgated pursuant thereto.

(2) The term "small business concernowned and controlled by socially and

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economically disadvantaged individuals"shall mean a small business concern:

(a) which is at least 51 per centumowned by one or more socially andeconomically disadvantaged individuals;or in the case of any publicly ownedbusiness, at least 51 per centum of thestock of which is owned by one or moresocially and economically disadvantagedindividuals; and

(b) whose management and dailybusiness operations are controlled byone or more of such individuals.

The contractor shall presume that socially andeconomically disadvantaged individualsinclude Black Americans, HispanicAmericans, Native Americans, Asian-Pacific

.Americans, and other minorities, or any otherindividual found to be disadvantaged by theSmall Business Administration pursuant tosection 8a. of the Small Business Act.

d. Contractors acting in good faith may relyon written representations by theirsubcontractors regarding their status as asmall business concern or a small businessconcern owned and controlled by socially andeconomically disadvantaged individuals.

37. SMALL BUSINESS AND SMALLDISADVANTAGED BUSINESSSUBCONTRACTING PLAN (Negotiated)(FPR Temporary Regulation 50,Supplement 2)

a. This provision does not apply to smallbusiness concerns.

b. The term "subcontract" means anyagreement (other than one involving anemployer-employee relationship) entered intoby a Federal Government prime contractor orsubcontractor calling for supplies or servicesrequired for the performance of the originalcontract or subcontract.

c. The offerer acknowledges that it is awareof the subcontracting plan requirements inthis provision; and if it is the apparentsuccessful offerer, and if the contract offerssubcontracting possibilities, agrees tonegotiate a plan which includes:

(1) Percentage goals (expressed in termsof percentage of total plannedsubcontracting dollars) for the utilization assubcontractors of small business concernsand small business concerns owned andcontrolled by socially and economicallydisadvantaged individuals (for the purposesof the subcontracting plan, the contractormay include all purchases which contributeto the performance of the contract,including a proportionate share ofproducts, services, etc., whose costs arenormally allocated as indirect or overheadcosts).

As part of its establishment of percentagegoals, the apparent successful offerer shallalso include in its subcontracting plan:

(a) A statement of: (1) total dollarsplanned to be subcontracted, (2) totaldollars planned to be subcontracted tosmall business, and (3) total dollarsplanned to be subcontracted todisadvantaged business.

(b) A description of the principalproduct and service areas to besubcontracted and an identification ofthose areas where it is planned to use(1) small business subcontractors and(2)small disadvantaed businesssubcontractors.

(c) A statement of the method used indeveloping proposed subcontractinggoals for (1) small business, (2) smalldisadvantaged business concerns (e.g.,did the offerer use for subcontractsolicitation purposes company sourcelists, the small business anddisadvantaged small business sourceidentification system provided by theSmall Business Administration'sProcurement Automated SourceSystem, the National MinorityPurchasing Council Vendor InformationService, Office of Minority Business DataCenter in the Department of Commerce,

v and the facilities of local small businessand minority associations?)

(d) If the offerer includes indirect andoverhead costs as an element inestablishing the goals in the

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subcontracting plan, the method used indetermining the proportionate share ofindirect and overhead costs incurredwith (1) small business and (2) smalldisadvantaged business subcontractorsshall be explained.

(2) The name of an individual within theemploy of the offeror who will administerthe subcontracting program of the offerorand a description of the duties of suchindividual:

(3) A description of the efforts the offerorwill take to assure that small businessconcerns and small business concernsowned and controlled by socially andeconomically disadvantaged individualswill have an equitable opportunity tocompete for subcontracts;

(4) Assurances that the offeror will includethe clause entitled Utilization of SmallBusiness Concerns and Small BusinessConcerns Owned and Controlled bySocially and Economically DisadvantagedIndividuals in all subcontracts which offerfurther subcontracting opportunities and torequire all subcontractors (except smallbusiness concerns) which rece ivesubcontracts in excess of $500,000, or inthe case of a contract for the constructionof any public facility, $ 1,000,000 to adoptand comply with a plan similar to the planagreed to by the offeror. Such assurancesshall describe the offerer's procedures forthe review, approval, and monitoring forcompliance with such plans;

(5) Assurances that the offeror will submitsuch periodic reports and cooperate in anystudies or surveys as may be required bythe contracting agency or the SmallBusiness Administrat ion in order todetermine the extent of compliance by theofferor with the subcontracting plan; and

(6) A recitation of the types of records theofferor will maintain to demonstrateprocedures which have been adopted tocomply with the requirements and goals setf o r t h in the p lan , i n c l u d i n g theestablishment of source lists of smallbusiness concerns and small businessconcerns owned and controlled by socially

a n d e c o n o m i c a l l y d i s a d v a n t a g e dindividuals; and efforts to identify andaward subcontracts to such small businessconcerns. The records shall include at leastthe fol lowing (these records may bem a i n t a i n e d on a p l a n t w i d e o rcompanywide basis unless otherwiseindicated):

(a) Small and disadvantaged businesssource lists, guides, and other datai d e n t i f y i n g s m a l l a n d s m a l ldisadvantaged business vendors.

(b) Organizations contacted for smalland disadvantaged business sources.

(c) On a contract-by-contract basis,records on all subcontract solicitationsover $100,000, indicating on eachsolicitation (1) whether small businesswas solicited, and if not .why not,(2) whether small d isadvantagedbusiness was solicited, and if not whynot, and (3) reasons for the failure ofsolicited small business or smalldisadvantaged business to receive thesubcontract award.

(d) Records to support other outreachefforts:

• Contacts with minority and smallbusiness trade associations.

• C o n t a c t s w i t h b u s i n e s sdevelopment organizations

• Attendance at small and minorityb u s i n e s s p r o c u r e m e n tconferences and trade fairs

(e) Records to support internal activitiesto guide and encourage buyers:

• Workshops, seminars, trainingprograms, etc.

• Monitoring activities to evaluatecompliance

(f) On a contract-by-contract basis,records to support award data submittedto the Government to include name andaddress of subcontractor.

d. The offeror understands that:

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(1) No contract will be awarded unless anduntil an acceptable plan is negotiated withthe contracting officer which plan will beincorporated into the contract as a materialpart thereof.

(2) An acceptable plan must, in thedetermination of the contracting officer,provide the maximum practicableopportunity for small business concernsand small business concerns owned andcontrolled by socially and economicallydisadvantaged persons to participate in theperformance of the contract.

(3) If a subcontracting plan acceptable tothe contracting officer is not negotiatedwithin the time limits prescribed by thecontracting activity and such failure arisesout of causes within the control and withthe fault or negligence of the offerer, theofferer shall be ineligible for an award. Thecontracting officer shall notify thecontractor in writing of his reasons fordetermining a subcontracting plan to beunacceptable. Such notice shall be givenearly enough in the negotiation process toallow the contractor to modify the planwithin the time limits prescribed.

(4) Prior compliance of the offerer withother such subcontracting plans underprevious contracts will be considered bythe contracting officer in determining theresponsibility of the offerer for award of thecontract.

(5) It is the offerer's responsibility todevelop a satisfactory subcontracting planwith respect to both small businessconcerns and small business concernsowned and controlled by socially andeconomically disadvantaged individualsand that each such aspect of the offerer'splan will be judged independently of theother.

(6) The offerer will submit, as required bythe contracting officer, subcontractingreports in accordance with the instructionsthereon, and as further directed by thecontracting officer. Subcontractors willalso submit these reports to theGovernment's contracting officer or asotherwise directed, with a copy to the

prime contractor's designated small anddisadvantaged business liaison.

e. The failure of any contractor orsubcontractor to comply in good faith with(1)the clause entitled Utilization of SmallBusiness Concerns and Small BusinessConcerns Owned and Controlled by Sociallyand Economically Disadvantaged Individuals;or (2) an approved plan required by this SmallBusiness and Small Disadvantaged BusinessSubcontracting Plan (Negotiated) provision,will be a material breach of such contract orsubcontract.

f. Commercial products.-If a commercialproduct (defined below) is offered, therequired subcontracting plan may relate to thecompany's production generally (both forcommercial and noncommercial products)rather than solely to the item being procuredunder the Government contract. In suchcases, the contractor shall be required tosubmit one companywide annual plan to bereviewed for approval by the first agency withwhich it enters into a prime contract (whichrequires a subcontracting plan) during thefiscal year, or by another agency satisfactoryto the contracting officer. The approved planwill remain in effect for the company's entirefiscal year for all of the company's or division'scommercial products.

The term "commercial products" meansproducts in regular production sold insubstantial quantities to the general publicand/or industry at established market orcatalog prices. A product which, in theopinion of the contracting officer, differs onlyinsignificantly from the contractor'scommercial product may be regarded for thepurpose of this clause as a commercialproduct.

38. INCENTIVE SUBCONTRACTINGPROGRAM FOR SMALL BUSI-NESS AND SMALL DISAD-VANTAGED BUSINESS(NEGOTIATED)(FPR Temporary Regulation 50,Supplement 2)

a. The contractor has established, in itssubcontracting plan, the following goals for

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r

a w a r d s to smal l business and smal ldisadvantaged business concerns:

(1) ' percent of the total plannedsubcontract amount of $ ' to smallbusiness concerns and

(2) 2 percent of the total plannedsubcontract amount of $ 2 to smallbusiness concerns owned and controlled bysocially and economically disadvantagedindividuals.

b. To the extent that the contractor exceedssuch subcontract goals in the performance ofthis contract, it will receive 3 percent(not to exceed 10 percent) of the dollaramount of such excesses, unless thecontracting officer determines that suchexcess was not due to e f for ts by thecontractor, i.e., subcontractor costs in excessof those contractually agreed upon or wherethe actual subcontract amount exceeds thatestimated in the subcontract plan; or plannedsubcontracts which were not disclosed in thesubcontract plan during contract negotiation.

c. If the contract is a cost plus fixed-fee type,the total of the fixed fee and the incentivepayments made pursuant to this clause issubject to the limitations set forth in FPR1-3.405-5(c)(2) and DAR 3-405.6(cX2).

39. CLEAN AIR AND WATER(FPR 1-7.3012-34 & 1-1.2302-2)

(Applicable only if the contract exceeds$ 1 00.000, or the contracting off icer hasdetermined that orders under an indefinitequantity contract in any one year will exceed$ 100.000. or a facility to be used has been thesubject of a conviction under the Clean Air Act(42 U.S.C. 1857c-8(c)(1)) or the Federal WaterPollution Control Act (33 U.S.C. 1319{c)) and islisted by EPA. or the contract is not otherwiseexempt.)

a. The contractor agrees as follows:

1 Identified elsewhere in the contract.1 Identified elsewhere in the contract.3 Exact percentage to be inserted into the

contract document.

(1 ) To comply with all the requirements ofsection 1 1 4 of the Clean Air Act, asamended (42 U.S.C. 1857, et seq., asamended by Public Law 91-604) andsection 308 of the Federal Water PollutionControl Act (33 U.S.C. 1 25 1 , et seq., asamended by Publ ic Law 92 -500 ) ,respect ively, relating to inspection,monitoring, entry, reports, and information,as well as other requirements specified insection 114 and section 308 of the Air Actand the Water Act, respectively, and allregu la t ions and guidel ines issuedthereunder before the award of thiscontract.

(2) That no portion of the work requiredby this prime contract will be performed ina facility listed on the EnvironmentalProtection Agency List of Violat ingFacilities on the date when this contractwas awarded unless and until the EPAeliminates the name of such facility orfacilities from such listing.

(3) To use his best efforts to comply withclean air standards and clean waterstandards at the facility in which thecontract is being performed.

(4) To insert the substance of theprovisions of this clause in any nonexemptsubcontract, including this subparagraph

b. The terms used in this clause have thefollowing meanings:

(1 ) The term "Air Act" means the Clean AirAct, as amended (42 U.S.C. 1 857 et seq..as amended by Public Law 91-604).

(2) The term "Water Act" means FederalWater Pollution Control Act, as amended(33 U.S.C. 1251 et seq., as amended byPublic Law 92-500).

(3) The term "clean air standards" meansany en fo rceab le rules, regulat ions.guidelines, standards, limitations, orders,c o n t r o l s , p r o h i b i t i o n s , o r o t h e rrequirements which are contained in,issued under, or otherwise adoptedpursuant to the Air Act or Executive OrderNo. 1 1 738. an applicable implementation

1-31

plan as described in section 110(d) of theClean Air Act (42 U.S.C. 1857c-5(d)). anapproved implementation procedure orplan under section 1 1 1 (c) or section1 1 1(d), respectively, of the Air Act(42 U.S.C. 1857c-6(c) or (d)). or anapproved implementation procedure undersection 11 2(d) of the Air Act (42 U.S.C.1857c-7(d)).

(4) The term "clean water standards"means any enforceable limitation, control,condition, prohibition, standard, or otherrequirement which is promulgatedpursuant to the Water Act or contained ina permit issued to a discharger by theEnvironmental Protection Agency or by astate under an approved program asauthorized by section 402 of the Water Act(33 U.S.C. 1342), or by a local governmentto ensure compliance with pretreatmentregulations as required by section 307 ofthe Water Act (33 U.S.C. 1317).

(5) The term "compliance" meanscompliance with clean air or waterstandards. Compliance shall also meancompliance with schedule or plan orderedor approved by a court of competentjurisdiction, the Environmental ProtectionAgency, or an air or water pollution controlagency in accordance with therequirements of the Air Act or Water Actand regulations issued pursuant thereto.

(6) The term "facility" means any building,plant installation, structure, mine, vessel orother floating craft, location, or site ofoperations, owned, leased, or supervisedby a contractor or subcontractor, to beutilized in the performance of a contract orsubcontract. Where a location or site ofoperations contains or includes more thanone building, plant, installation, orstructure, the entire location or site shall bedeemed to be a facility except where theDirector, Office of Federal Activities,Environmental Protection Agency,determines that independent facilities arecollocated in one geographical area.

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PART III

Section J

List of Documents

J-l. CONTRACT DOCUMENTS

Part I - The Contract Schedule

Standard Form 26 (July 1966) (Section A)Table of Contents (Section A)Supplies or Services and Prices (Section B)Description of Requirement (Section C)Contract Terms and Conditions (Sections E through H)

Part II - General Contract Provisions

General Provisions (Section I)

J-2. SOLICITATION DOCUMENTS

Representations/Certifications, and Other Statements of Offerers(Section K)

Certificate of Independent Price Determination (Section K)Solicitation Instructions, Conditions, and Notices to Offerers

(Section L)Evaluation Factors (Technical Proposal) (Section M)

J-3. ATTACHMENTS

Appendix 1 (Definitions)Appendix 2 (Sample of Lake Powell Data)Figure 1 (Colorado River Basin/USGS Gages)Figure 2 (Lake Powell/Bureau Sampling Stations)Optional Form 60 (Contract Pricing Proposal)

J-l

PART IV

Section K

Representations, Certifications, and OtherStatements of Offerers

(9/80)

UNITED STATESDEPARTMENT OF THE INTERIOR

WATER AND POWER RESOURCES SERVICE

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

To be completed, signed, and returned with proposal. Penalty for makingfalse statements in offers is prescribed in 18 U.S.C. 1001.

This offerer represents: (Check appropriate boxes)

1. Small Business

not, a small business concern. (A small business concern forthe purpose of Government procurement is a concern, including its affiliates,which is independently owned and operated, is not dominant in the field ofoperations in which it is bidding on Government contracts, and can furtherqualify under the criteria concerning number of employees, average annualreceipts, or other criteria as prescribed by the Small Business Administration.For additional information, see governing regulations of the Small BusinessAdministration (13 CFR, Part 121)).

2. Minority Business Enterprise

He [ f is, [ | is not, a minority business enterprise. A minority businessenterprise is defined as a "business, at least 50 percent of which is ownedby minority group members or, in case of publicly owned businesses, at least51 percent of the stock of which is owned by minority group members." Forthe purpose of this definition, minority group members are Negroes, Spanish-speaking American persons, American-Orientals, American-Indians, American-Eskimos, and American-Aleuts.

3. Contingent Fee

a. Hej_J has, has not, employed or retained any company or person(other than a full-time bona fide employee working solely for him) tosolicit or secure this contract, and

b. that He I | has, | | has not, paid or agreed to pay any company or person(other than a full-time bona fide employee working solely for him) anyfee, commission, percentage, or .brokerage fee, contingent upon or resultingfrom the award of this contract; and

Agrees to furnish information relating to a. and b. above as requested bythe Contracting Officer.

(For interpretation of the representation, including the term "bona fideemployee," see Code of Federal Regulations, Title 41, Subpart 1-1.5.)

4. Type of Business Organization

The offerer, by checking the applicable box, represents that it operates asflp an individual, j j a partnership, [ [ a nonprofit organization,, ! a jointventure, or Q a corporation incorporated under the laws of the State of

K-l

5. Parent Company and Employer Identification Number

Each offerer shall furnish the following information by filling in theappropriate blocks:

a. Is the offerorowned or controlled by a parent company asdescribed below? j__j Yes [_] No. [For the purpose of this offer, aparent company is defined as one which either owns or controls theactivities and basic business policies of the offerer. To ownanother company means the parent company must own at least amajority (more than 50 percent) of the voting rights in thatcompany. To control another company, such ownership is notrequired; if another company is able to.formulate, determine, orveto basic business policy decisions of the offerer, such othercompany is considered the parent company of the offerer. Thiscontrol may be exercised through the use of dominant minorityvoting rights, use of proxy voting, contractual arrangements, orotherwise.]

b-. If the answer to a. above is "Yes," offerer shall insert inthe space below the name and main office address of the parentcompany.

NAME OF PARENT COMPANYMAIN OFFICE ADDRESS(No., Street, City, State,

and ZIP Code)

c. Offerer shall insert in the applicable space below, if hehas no parent company, his own E.I. No. (Employer's Identifica-tion Number) (Federal Social Security Number used on Employer'sQuarterly Federal Tax Return, U.S. Treasury Department Form 941);or, if he has a parent company, the E.I. No. of his parent company.

EMPLOYERIDENTIFICATION NUMBER OF

PARENT COMPANYOFFEROR

K-2

6. Equal Opportunity

a. He { I has, has not, participated in a previous contract or subcon-tract subject to the Equal Opportunity clause in the General Provisions ofthe solicitation identified above, the clause originally contained insection 301 of Executive Order No. 10925, or the clause contained insection 201 of Executive Order No. 11114; that he [J has, j_J has not,filed all required compliance reports; and that representations indicatingsubmission of required compliance reports signed by proposed subcontractors,will be obtained prior to subcontract awards.

b. The offerer represents that he [_J has developed and has on file,has not developed and does not have on file, at each establishment,affirmative action programs as required by the rules and regulations ofthe Secretary of Labor (41 CFR 60-1 and 60-2), or he | has not previouslyhad contracts subject to the written affirmative action program requirementof the rules and regulations of the Secretary of Labor. (The aboverepresentation shall be completed by each offerer whose offer is $50,000or more and who has 50 or more employees.)

7. Clean Air and Water Certification

[Applicable if the contract exceeds $100,000, or the contracting officer hasdetermined that orders under an indefinite quantity contract in any year willexceed $100,000, or a facility to be used has been the subject of a convictionunder the Clean Air Act (42 U.S.C. 1857c-8(c)(l)) or the Federal WaterPollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA (EnvironemntalProtection Agency),or is not otherwise exempt.]

The offeror certifies as follows:

a. Any facility to be utilized in the performance of this proposedcontract

Q has

D has not

been listed on the EPA's List of.Violat ing Facilities.

b. He will promptly notify the contracting officer, prior to award, ofthe receipt of any communication from the Director, Office of FederalActivities, EPA, indicating that any facility which he proposes to use forthe performance of the contract is under consideration to be listed on theEPA List of Violating Facilities.

c. He will include substantially this certification, including thisparagraph c., in every nonexempt subcontract.

K-3

8. Woman-owned Business

Concern is [3 is not Q a woman-owned business.

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 asexercising the power to make policy decisions. Operated is defined asactively involved in the day-to-day management.

For the purposes of this definition, businesses which are publicly owned,joint stock associations, and business trusts are exempted. Exempted busi-nesses may voluntarily represent that they are, or are not, woman-owned ifthis information is available.

9. Percent of Foreign Content

The offerer will represent (as an estimate), immediately after theaward of a contract, the percent of the foreign content of the itemor service being procured expressed as a percent of the contractaward price (accuracy within plus or minus 5 percent is acceptable).

10. Identification

Each offerer is required to fill in the information set forth below:

Duns Identification No. _ . This number is assignedby Dun and Bradstreet, Inc., and it is contained in that company's DUNS(Data Universal Numbering System). If the number is not known, it can beobtained from the local Dun and Bradstreet office. If no number has beenassigned by Dun and Bradstreet, insert the word "none."

11. Place of Performance

a. The offerer or quoter ["] intends, |} does not intend (check applicableblock) to perform any part of the work required under any contract thatmight result from this solicitation at one or more plants or facilitieslocated at a different address from the address of the offerer or quoteras indicated in this proposal or quotation.

b. If the offerer or quoter checks "intends" in paragraph a. above, itshall provide the following information:

Place of Performance Name and Address of Owner and Operator(Street Address, City, of the Plant or Facility if Other ThanCounty, State, Zip Code) Offerer or Quoter

K-4

(Negotiated Contract)

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(a) By submission of this bid or proposal, each bidder or offerercertifies, and in the case*of a joint bid or proposal each partythereto certifies as to its own organization, that in connection withthis procurement:

(1) The prices in this bid or proposal have been arrived atindependently, without consultation, communication, or agree-ment, for the purpose of restricting competition, as to anymatter relating to such prices with any other bidder or offereror with any competitor;

(2) Unless otherwise required by law, the prices which have beenquoted in this bid or proposal have not been knowingly disclosedby the bidder or offerer and will not knowingly be disclosed bythe bidder or offerer prior to opening, in the case of a bid, orprior to award, in the case of a proposal, directly or indirectlyto any other bidder or offerer or to any competitor; and

(3) No attempt has been made or will be made by the bidder orofferer to induce any other person or firm to submit or not tosubmit a bid or proposal for the purpose of restrictingcompetition.

(b) Each person signing this bid or proposal certifies that:

(1) He is the person in the bidder's or offerer's organizationresponsible within that organization for the decision as to theprices being bid or offered herein and that he has not partici-pated, and will not participate, in any action contrary to (a)(3)above; or

(2) (i) He is not the person in the bidder's or offerer's organi-zation responsible within that organization for the decision asto the prices being bid or offered herein but that he has beenauthorized in writing to act, as agent for the persons responsiblefor such decision in certifying that such persons have not partic-ipated, and will not participate, in any action contrary to(a)(1) through (a)(3) above, and as their agent does hereby socertify; and (ii) he has not participated and will not participate,in any action contrary to (a)(l) through (a)(3) above.

(c) This certification is not applicable to a foreign bidder or offerersubmitting a bid or proposal for a contract which requires performanceor delivery outside the United States, its possessions, and Puerto Rico.

K-5

(d) A bid or proposal will not be considered for award where (a)(l),(a)(3), or (b) above has been deleted or modified. Where (a)(2) abovehas been deleted or modified, the bid or proposal will not be consid-ered for award unless the bidder or offerer furnishes with the bid orproposal a signed statement which sets forth in detail the circumstancesof the disclosure and the head of the agency, or his designee, determinesthat such disclosure was not made for the purpose of restrictingcompetition.

K-6

PART IV

Section L

Solicitation Instructions and Noticeto Offerers

L-l. NOTICE OF SMALL BUSINESS SET-ASIDE

a. Restriction. - Proposals for services under this solicitation aresolicited from small business concerns only and contract will be awardedonly to one or more small business concerns. This action is based on adetermination by the contracting officer, alone or in conjunction with arepresentative of the Small Business Administration, that it is in theinterest of maintaining or mobilizing the Nation's full productive capac-ity, in the interest of war or national defense programs, or in the inter-est of assuring that a fair proportion of Government procurement is placedwith small business concerns. Proposals received from firms which arenot small business concerns shall be considered nonresponsive.

b. Definitions. - A "small business concern" is a concern, including itsaffiliates, which (1) is independently owned and operated, (2) is notdominant in the field of operation in which it is bidding on Governmentcontracts, and (3) its number of employees does not exceed 500 persons.(For additional information, see Government Regulations of the SmallBusiness Administration.)

L-2. GENERAL

Your firm is invited to submit technical and cost proposals for the perform-ance of services in accordance with this solicitation. Specific informationfor evaluation shall be submitted in accordance with section M. Proposalsshould be submitted, in triplicate, to the attention of Richard Grotzke,D-810, or hand-carried to the Denver Federal Center, building 67, room 674.The technical proposal and cost proposal should be bound separately andshould be submitted as one complete package. The package should clearlyindicate this solicitation number, title, and the time, zone, and date, andshould be transmitted by certified mail or some other secured method oftransportation.

L-3. TIME FOR SUBMITTAL

Proposals must be received at the point of receipt no later than 5:50 p.m.,local time, on August 10, 1981.

L-4. LATE PROPOSALS, MODIFICATIONS OF PROPOSALS, AND WITHDRAWLSOF PROPOSALS

a. Any proposal received at the office designated in this solicitationafter the exact time specified for receipt will not be considered unlessit is received before award is made, and:

(1) It was sent by registered or certified mail not later than thefifth calendar day prior to the date specified for receipt of offers(e.g., an offer submitted in response to a solicitation requiringreceipt of offers by the 20th of the month must have been mailed bythe 15th or earlier);

L-l

(2) It was sent by mail (or telegram if authorized), and it is deter-mined by the Government that the late receipt was due solely to mis-handling by the Government after receipt of the Government installa-tion; or

(3) It is the only proposal received.

b. Any modification of a proposal, except a modification resulting fromthe contracting officer's request for "Best and Final" offer, is subjectto the same conditions as in a.(1) and a.(2) of this provision.

c. A modification resulting from the contracting officer's request for"Best and Final" offer received after the time and date specified in therequest will not be considered unless received before award and the latereceipt is due solely to mishandling by the Government after receipt atthe Government installation.

d. The only acceptable evidence to establish:

(1) The date of mailing of a late proposal or modification senteither by registered or certified mail is the U.S. Postal Service post-mark on both the envelope or wrapper and on the original receipt fromthe U.S. Postal Service. If neither postmark shows a legible date,the proposal or modification shall be deemed to have been mailed late.[The term "postmark" means a printed, stamped, or otherwise placedimpression (exclusive of a postage meter machine impression) that isreadily identifiable without further action as having been suppliedand affixed on the date of mailing by employees of the U.S. PostalService. Therefore, offerers should request the postal clerk to placea hand cancellation bull's-eye "postmark" on both the receipt and theenvelope or wrapper.]

(2) The time of receipt at the Government installation is the time-date stamp of such installation on the proposal wrapper or otherdocumentary evidence of receipt maintained by the installation.

e. Notwithstanding a., b., and c. of this provision, a late modificationof an otherwise successful proposal which makes its terms more favorableto the Government will be considered at any time it is received and maybe accepted.

f. Proposals may be withdrawn by written or telegraphic notice receivedat any time prior to award. Proposals may be withdrawn in person by anofferer or his authorized representative, provided his identity is madeknown and he signs a receipt for the proposal prior to award.

Note: The term "telegram" includes mailgrams.

L-5. DISCLOSURE OF PROPOSALS

All proposals may be disclosed by the Department of the Interior to anyperson upon request pursuant to the Freedom of Information Act unless thedata has been restricted. Data so restricted shall not be disclosed by the

L-2

Department of the Interior: Provided, That such data are determined by theDepartment of the Interior to be exempt from disclosure in accordance withthe exemption provisions of the Freedom of Information Act. If a proposerwishes to restrict its proposal, it shall mark the title page with the fol-lowing legend:

These data, furnished in connection with Request for Proposal/QuotationNo. , shall not be disclosed outside the Government andshall not be duplicated, used, or disclosed in whole or in part for any pur-purpose other than to evaluate the proposal: Provided, That if a con-tract is awarded to this offerer as a result of or in connection withthe submission of these data, the Government shall have the right toduplicate, use, or disclose the data to the extent provided in the con-tract. This restriction does not limit the Government's right to useinformation contained in the data if it is obtained from another sourcewithout restriction. The data subject to this restriction are containedin sheets .

The offerer shall mark each sheet of data which he wishes to restrictwith the following legend:

Use or disclosure of proposal data is subject to the restriction onthe title page of this proposal.

Proposals received which require restriction of data other than stated inpreceding paragraph will not be acceptable and may be returned to theofferer.

L-6. UNNECESSARILY ELABORATE PROPOSALS

Unnecessarily elaborate brochures or other presentations beyond that suffi-cient to present a complete and effective proposal are not desired. Elabo-rate artwork, expensive paper and bindings, or expensive visual and otherpresentation aids are neither necessary nor wanted.

1-7. TECHNICAL PROPOSAL

1. General

a. Inasmuch as your Technical Proposal will primarily describe thecapability of your organization .to participate in this program, itshould be specific and complete in every detail. The proposal shouldbe prepared simply and economically, providing straightforward, con-cise delineation of capabilities to perform satisfactorily the con-tract being sought. The proposal should therefore be practical,legible, clear, and coherent. In order that evaluation may be accom-plished strictly on the merit of the materials submitted, no dollarcosts are to be included in your Technical Proposal. If deemed nec-essary to provide clarity, estimated man-hour figures only will bequoted, with no indication of the cost of said man-hours.

b. The proposal shall contain an outline of the proposed investiga-tion, method of approach to the problem, any recommended changes to

L-3

the technical exhibit, the phases or steps into which this projectmight logically be divided, estimated time required to complete eachphase or step, and any other information considered pertinent to theproblem. The proposal shall not merely offer to conduct an investi-gation in accordance with the technical exhibit but shall outline theactual investigation proposed as specifically as possible. Repeatingthe exhibit without sufficient elaboration will not be acceptable.The technical exhibit reflects the problems and objectives of the pro-gram under consideration and on occasion some of the possible approachesto the problem as recognized by this agency. Unless otherwise speci-fied, the prospective contractor is not limited to the suggested ap-proaches for equal or even preferred consideration. However, anydeviations must be fully substantiated in the proposal.

Format and Specific Content

a. To aid in the evaluation of your proposal, it is desired that thefollowing general format be followed:

(1) Table of Contents.

(2) List of Tables, etc.

(3) Short introduction and summary.

(4) Description of technical approach. - This section shall con-tain the major portion of the Technical Proposal. It should con-tain as a minimum the following:

(a) A detailed plan of study outlining the scientific approachgiving detail as to anticipated effort devoted to various phasesof research.

(b) Performance schedule proposed including delivery scheduleof data and reports.

(c) Subcontracting anticipated with a list of items or effortto be subcontracted.

(5) Personnel qualifications. - This section shall identify keypersonnel to be assigned for direct work on the study and as directtechnical supervisors, plus:

(a) Education, background, accomplishments, and other perti-nent information concerning personnel specified.

(b) Estimated person-hours each individual will contribute tothis study (no costs of these person-hours are to be shown inthe Technical Proposal).

(6) Supporting data and other information. -

L-4

(a) List Government contracts in this and related fields heldin the past, including cost of contract, title, agency, contractnumber, and point of contact.

(b) Any other pertinent information which will aid in evalua-tion of your proposal should be included.

L-8. RETENTION OF OFFERS

Offers submitted in response to this solicitation will not be returned butwill be retained by the Government for official record.

L-9. DISPOSITION OF UNCLASSIFIED MATERIAL

Unclassified material and data supplied with this solicitation, includingdrawings and specifications, shall not be returned to the procuring officebut may be disposed of at the discretion of the offerer.

L-10. INSTRUCTIONS FOR PREPARING COST PROPOSALS

Cost proposals shall be separate from the technical proposals and submittedutilizing Optional Form 60 (Attachment ). Offerers may, however, submitthe necessary information in a different format, acceptable to the contract-ing officer, where an offerer's accounting system makes the use of the formimpractical, or when required for a more effective or efficient presentationof cost or pricing information. The following data shall be included in thecost proposal:

a. Direct personnel costs. -

(1) List the hourly rate of each job classification to be used.

(2) Give the estimated total hours of effort for each job classifi-cation that will be devoted to each task required by the study. In-dicate number of hours of supervision and how it is allocated to eachtask.

b. Personnel overhead costs. -

(1) List the various overhead cost items.

(2) Show the method used to allocate these overhead costs.

c. General and administrative expenses. -

(1) Give a detailed breakdown of general and administrative expensesfor the preceding 3 years.

(2) Give a detailed breakdown of general and administrative expensesto be charged to this proposed contract.

(3) Show the method used to allocate these overhead costs.

L-5

d. Material costs. - Identify any material costs included in the costproposal.

e. Equipment costs. - Identify any equipment you propose to use in per-forming these studies and list the hours of proposed use, cost, and cal-culations showing how cost was determined.

f. Travel and per diem costs. - Please identify all anticipated traveland per diem costs.

g. Miscellaneous costs.

h. Profit or fee desired for performing the study.

L-6

PART IV

Section M

Evaluation Factors for Award

M-l. EVALUATION PROCEDURES

The Government will select the best overall offer, based on technical merit,cost, and other pertinent factors. The evaluation process is describedbelow:

a. Phase 1 of the overall evaluation process will be the evaluation ofall technical proposals by a technical evaluation team. Cost data willnot be considered during this phase. The criteria for technical evalua-tion are attached and will be the sole basis for determining the techni-cal acceptability of proposals.

b. Unless strong reasons exist which would justify award without dis-cussions, phase 2 of the overall evaluation process will be the deter-mination of the competitive range. This determination is made by thecontracting officer and is based on a combination of technical ratingand cost considerations.

c. If discussions are held, phase 3 of the overall evaluation proc-ess will be the conduct of negotiations, both the technical and cost,with all offerers in the competitive range. At the conclusion of nego-tiations, a final, common cutoff date which allows a reasonable oppor-tunity for submission of written "Best and Final" offers will be estab-lished and all offerers in the competitive range will be so notified.The date will be common to all offerers and will be the final date that"Best and Final" offers will be accepted by the Government.

d. The final phase of the overall evaluation process will be the selec-tion of that offer which represents the best combination of technicalmerit and related cost to the Government. For purposes of this solici-tation, technical merit will be weighted at 70 percent and the relatedcost will be weighted at 30 percent. (If a combination of 0 percenttechnical and 100 percent cost has been indicated, selection will bebased on the lowest-priced technically acceptable offer.)

M-2. EVALUATION CRITERIA OF TECHNICAL PROPOSALS (100 points available)

Evaluation criteria and assigned weights to be used in determining a tech-nical proposal to be acceptable are listed below in descending order oftheir importance. ,

a. Evaluation elements. -

(1) Understanding of the scope of work and technical merits ofapproach to perform the study.

(2) Qualifications, inclusive of education and related experience,of assigned personnel and level of effort committed to the study(inclusive of subcontractors).

(3) Offerers level of responsibility and managerial structure of thefirm and for this study.

M-l

(4) Offerer's past experience and performance on similar or relatedstudies. (Offerers should include the name and telephone number of acontact for which similar services were performed.)

b. Evaluation rating. - Each element of the evaluation criteria willbe based on a rating of 1 to 10 points using the following schedule:

Above normal: 109

A proposal element which has a high probability of exceeding expectedRFP requirements:

Normal: 876

A proposal element which, in all probability, will meet the requirementsestablished by the RFP:

Below normal: 543

A proposal element which may fail to meet the stated requirements buthas correction potential:

Unacceptable: 21

A proposal element which does not meet the stated requirements and haslittle or no correction potential without drastic revision.

ci The proposals will be numerically rated using the following format:

(1) Evaluationelement

(1)(2)(3)(4)

(2)Numericalrating

(1 to 10)

(3)

Weight

3.53.51.51.5

(4)Col. 2x3=weightedrating

100 = maximum total weighted rating.

M-3. AWARD DECISION

Award will be made to that responsible offerer whose offer, conforming tothis RFP, is most advantageous to the Government.

M-2

Determing an Offerer's Final Weighted Evaluation Score. - After receipt of"best and final" offers, the appropriate weight factors must be applied todetermine which offer is the most advantageous to the Government. The follow-ing demonstrates the calculations required:

Technical Scores Best and Final PriceABC - 96 $60,000DEF - 88 $56,000GHI - 70 $50,000

Technical score will be weighted at 70% and cost at 30%. The first stepis to select a "base" score for both factors. The highest technical scoreand the lowest price are logical selections and will be used in thisexample. Once one has chosen the bases, they must be applied consistentlyto each offerer.

ABC: Technical at 70% with a score of 96. Compare this score to thebase score and multiply by the weight as follows:

|| X .70 X 100 = 70

Cost at 30% with a price of $60,000. Compare this price to the base priceand multiply by the weight as follows:

50,000 y -,n Y

6MOO X '30 X

Add the weighted factors (.70 plus .25) for a total evaluated score of95 for ABC.

DEF: Technical at 70% with a score of 88. Compare this score to the basescore and multiply by the weight as follows:

QQ

H X .70 X 100 = 64.167

Cost at 30% with a price of $56,000. Compare this price to the base priceand multiply by the weight as follows:

- 3 0 X i°o = 26-786Add the weighted factors (64.167 plus 26.786) for a total evaluated scoreof 90.953 for DEF.

GHI: Technical at 70% with a score of 70. Compare this score to the basescore and multiply by the weight as follows:

X .70 X 100 = 51.042

M-3

Cost at 30% with a price of $50,000. Compare this price to the base priceand multiply by the weight as follows:

50,000 x 30 v 100 _ 3050,000 X 'JU X 1UU JU

Add the weighted factors (51.042 plus 30) for a total evaluated score of81.042 for GHI.

In this example ABC with a score of 95 (the highest total score) is determinedto be the most advantageous to the Government.

M-4

ATTACHMENTS

APPENDIX 1

Definitions

Model verification. - Model verification shall be construed to be predictedvalues within 5 percent of historical values, or appropriate statisticalcorrelation at the 5-percent confidence level.

TDS (total dissolved solids). - The use of TDS in this RFP shall be construedto mean the sum of the eight major constituent ions.

Two-dimensional (2-D) model. - A 2-D model is herein defined to be a mathe-matical model that handles the longitudinal and vertical dimensions of areservoir.

w

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£

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* £

S

o

Sw

g o •n

O o o <S

ms »

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CD

APPENDIX II

Lake Powell Water Quality Sampling Data

January 1976

CHEMICAL ANALYSIS ^F1 ATER SAMPLES

'Ol lecttd byjjjr^i^. H y d C . _ H a t f i e l d J _ . S n r y _

Dart

Date 2-12-76Proj«cl

Location

p p e r Co1 c'':.Jo I ' . ; v i -

LobNo.

L1623

FieldNo.

13

SamplingDote

1-5-76

Flowc.f.s.

ECilO*(J>25°C

758

pHo

8.1

Oil-solvedSolidsp.p.m

489

-

Boronp.p.m.

SodiuirAdsorption

Ratio

1.8

pHcSat-

uratlorIndex

Equivalent Weights

Equivalents per million ar milliequivalents per liter

Ca»»

3.12

20.0

Mg*«

1.8A

12.2

No»

2.88

23.0

K »

.09

39.1

co3s

0

30.0

HCO,-

2.38

-

6I.O

ci-

1.22

35.5

S04S

4.44

48.0

.ab. No. LocationPPMP.O.

TimeSampled

Temp•F

L1623 Colorado River below Glen Canyon Dam - surface 6.8 3;3Q

reauCHEMICAL ANALYSIS .- WATER SAMPLES

illected byiclyzed by i u rneaux , Hyde, Hat f ie ld . Sory

Dote

Dote 2-12-76Project . U p p e r Colorado River Storage

Location

LabNo.

1618

1619

1620

1621

1622

FieldNo.

5

4

3

2

1

i

SamplingDate

1-8-76

1-8-76

1-8-76

1-8-76

1-8-76

Flowc.f.t.

ECxIO*(425°C

939

961

930

961

966

pHo

8.0

7.9

8.3

8.3

7.9

Dii-lolvedSolidip.p.m.

644

642

633

653

657

-

Boronp.p.m.

SodiunAdsorp

t ionRatio

2.1

2.2

2.2

2.2

2.2

pHcSat-

urationIndex

Equivalent Weights

Equivalents ptr million or m i l l i e q u i v a f e n t e per liter

Co**

3.84

3.84

3.84

3.96

4.00

20.0

Mg«*

2.28

2.28

2.28

2.36

2.36

12.2

N o *

3.76

3.84

3.80

3.92

3.92

23.0

K *

.10

.10

.09

.10

.10

39.1

CO,'

0

0

.40

.41

0

30.0

HC03-

2.76

2 . 7 6

2.48

2. 38

2.83

61.0

c i -

1.72

1.74

1.72

1.79

1.81

35.5

so4--

5.60

5.52

5.60

5.64

5.64

46.0

Tlm« Tempab. No. Location Elev. D.O. Sampled . "F

1618 Lake Powell at Wahweap 3350 5.8 12:58 45

1619

1620

1621

1622

Lnke Pov;ell at Wahweap

Lake Powell at Wahweap

Lake Powell at Wahweap

Lake Powell at Wahweap

3300

3250

3200

3180

5.8

5.fi

4.8

3.9

12:58

17:58

12:58

12:58

44

44

44

44

( R e v . !___Bureau a: cl ion

CHEMICAL ANALYSIS J /ATER SAMPLES

Collect*** byAnolyied by L'""nn''iu>:« Hyde, l la t f ie ld . S p r y

DoteDot. 2-12-76

Project JJPPc.r Colorado River Storage^

Locotlon

LabNo.

11611

JLJ61!_

11613

11614

11615

11616

11617

ReidNo.

12

J,L...

10

9

8

7

6

SamplingDate

1-8-76

1-0-76

1-8-76

1-8-76

1-8-76

1-8-76

1-8-76

Flowc.f.t.

ECulO*@25"e

735

717

729

730

739

373

?09

p H o

8.0

7,9

8.0

8.1

8.0

8.0

8.0

Oi»-» o f v e dSolidsp.r> m-

489

/i 9 2

474

490

A71

582

606

Boronp.p.m.

SodiunAdsorp

tionRat io

1.8

1.8

1.8

1.8

1.8

2.0

2.1

pHcSat-

urationIndex

Equivalent Weight*

Equivalents per mil l ion or mi l l i equ iva l en l i per l i t t r

Co»»

3.04

3.04

3.04

3.04

3.04

3.60

3.8020.0

M g » «

1.80

1.80

1.80

1.80

1.80

2.12

2.2012.2

N o *

2.80

2.80

2.80

2.80

2.76

3.44

3.6423.0

K »

.08

.09

.09

.03

.08

.10

.1039.1

co,s

0

0

0

0

0

0

030.0

HCOS-

2.38

2.36

2.36

2.34

2 . 38

2.67

2.6761.0

C l -

1.10

1.12

1.12

1.18

1.20

1.44

1.6635.5

S04S

4.36

4 . 2 4

4.20

4.36

4.24

5.28

5.3248.0

_. ' Time TempLob. No. Locotlon Elcv. D.O. Sampled «F

11611

11612

11613

11614

11A15

. 11': 16

!!f!7

Ldku

Lake

Lake

Lake

Lake

Lake

L.'.-'O

I'uvell

Powell

Powell

Powell

Powell

Povell

Pcvcll

at

at

Wnhv.'eap

Wahweap

at Wahv:eap

at

at

at

at

Wahweap

Wahx^eap

Wahweap

Uahv:eap

3667

3650

3600

3550

3500

3450

3400

7.

7.

7.

7.

7.

6.

6.

8

8

8

9

9

2

8

12

12

12

12

12

12

12

:58

:58

:58

:58

:58

:58

:58

48

48

48

48

48

46

44

CHEMICAL ANALYSIS or WATER SAMPLES

l*C!*d t>i Dote

ty _i-a.i-u^.ji*_lii:dii»_iIatjLLcld.^_Scri Dote 2-1Q-76ProjectLocation

Ob

^0.

:582

L583

1584

1585

1586

1587

1588

FieldNo.

42

41

40

39

38t

37

36

SamplingDote

1-8-76

l-B-76

1-8-76

1-8-76

1-8-76

l-R-76

1-8-76

Flowc.f.».

EC* 10*@25°C

709

713

709

708

ROB

JOO

749

pl lu

8.1

8.3

8.2

8.3

8.3

8.0

8.0

D.f ••' ':. f-l

Solf'*p. P.m.

485

458

473

459

538

601

508

Ooronp.p.m.

SodiunAdsorplion

Ratio

1.7

1.8

1.7

1.7

1.9

2.2

1,8

pHcSat-

urationIndex

Equivalent Weight*

Equivalent* per million or mi l l i tqu ivo len t i per liter

Co»»

3.00

3.00

3.00

3.02

3.36

3.72

5.1220.0

Mg»»

1.80

1..76

1.80

1.82

2.00_

2.20

1.8812.2

N a «

2.68

2.72

2.64

2.62

3.16

3.80

2.9023.0

K »

.08

.08

.08

•08___

.09

.10

^09__39.1

COj*

.33

.39

0

•25...

.32

0

030.0

HC05-

2.05

2.0*3

2.38

.2J.A_

2^3.

2.71

2.5061.0

C l -

1.06

1.06

1.08

..1J)3L_

1.26

1.70

I.JO35.5

S04 =

4.20

4.06

4.14

Aj04

4.76

5.20

4.2848.0

ob. No.

1582 Lake

1583 Lake

11584 Lake

115=5 Lake

r. '.*-.*> L.iV.e

. '. '•" ! .'..(•

'. : • ; • . ,

1'owcll

Powell

Powell

Powell

Powell

I- -vail

•'. -p

fat

at

at

at

at

at

•*. *"

Location

Cron.lng.

Crossing

of

of

Crossing of

Crossing

Crossing

Crossing

<". r : • n s 1 r.£

of

of

of

of

the Fathers

the Fathers

the

the

the

the

the

Fathers

Fathers

Fathers

Fathers

Fathers

Kiev.

366?

3600

3550

3500

. 3450

3400

Pl'MD.O.

7-4

7.1

7.4

7.8

6.C

6.1

7.4

TimeSampled

10

in

10

10

10

10

10

:-25

:25

:25

:25

:25

:25

Temp

4Q

SO

50

50

49

47

48

reau o: f:len-:.CHEMICAL ANALYSIS v,F ( TER SAMPLES

llected byolyied by f' l i rn ' 'n ' i : ' : ' Hyde, Hat field. Sory

Dot*

Date 2-10-76Project

Location

:'.n.cj_o R j v ir r 51 o r a g <:•

.obNo.

1589

1590

1591

1592

FieldNo.

35

34

33

32

SamplingDate

1-8-76

1-8-76

1-8-76

.1-8-76

FlowC.f.l.

EC* 10*

(dZSt

325

113

H3

723

ptla

7.9

7.9

8.2

8.0

Oii-tolvedSolid*p.p.m

617

627

642

483

Boronppm

SodiunAdjorption

Ratio

2.2

2.1

2.2

1.7

pHcSat-

urationIndex

Equivalent Weight*

Equivalent* per million or miiliequivalcntt per liter

Co»»

3.72

3.76

3.84

3.00

20.0

MQ»»

2.20

2.24

2.28

1.78

12.2

Na*

3.80

3.6.°

3. 8';

2 , 68

23.0

X *

.10

.10

.10

j>a_

39.1

CO,1

0

0

0

0

30.0

HC03-

2.71

2.71.

2.77

,2^5..

61.0

ci-

1.70

1.74

1.74

1.08

35.5

S04*

5.24

5.28

5.52

4.14

46.0

ab. No.

1589

1590

1591

1592

l.nk«-

Lake

Lake

Lake

Powell

Powell

Powell

Powell

at

at

at

at

Location

Crossing

Crossing

Crossing

Crossing

of

of

of

of

the

the

the

the

Fathers

Fathers

Fathers

Fathers

Kiev.

3350

3300

3250

3205

PPMD.O.

5.8

5.8

4.8

6.3

TimeSampled

10:25

10:25

10:25

10:25

Tf mp• p

44

44

44

48

CHEMICAL ANALYSIS ./F WATER SAMPLES

lltcttd by Doteby Tnrncnux. Hyde, Hat f ie ld . Sory Dott 2-10-76

Project

Location

.abNo.

1593

1594

1595

1596

1597

1598

1599

FieldNo.

31

30

29

28

27

2'6

25

SamplingDole

1-8-76

.1-8-16

1-8-76

1-8-76

1-8-76

1-8-76

1-8-76

FlowC.f.I.

ECxIO*(425*0

674

671

IS70

*74

706

1020

377

pHa

8.0

8,0

8.3

*M

7.9

7.9

7.9

Dii-aolvedSolidsp.p.m.

4 30

_41L_.

438

433

469

697

687

Boronp.p.m.

SodiunAdsorplion

Ratio

1.6

J ,7

1.6

1.7

liR

2,4

2.3

pHcSot-

urotlorIndex

Equivalent Weights

Equivalents per million or milliequiva!tnts per liter

Ca»»

2.92

2.84

2.90

2.86

2.98

i.08

3.9620.0

Mg««

1.64

1.64_

1.66

1.64

1.72

2.S2

2.4412.2

No*

2.48

.1.48

2.46

2.52

2.70

4.36

4.1623.0

K «

.03

.08

.07

.08

JjJi_

- ]Q

_ao .39.1

CO,1

0

0

.40

.32

0

0

.0-30.0

HC05-

:: . 30

2-M

1.92

_2..QQ._

Jl J8

^'.91

2.9161.0

Cl -

.97

.97

.97

.97

1 .06

2,09

1.9735.5

S04*

3.66

3.76

3.76

3.66

3.98

6.00

5.8048.O

IJ1>:! Time Tempob. No. Location Elev. D.O. - Sampled "F

1593

1594

1595

1596

1597

159R

1599

Lake Powell at Oak Canyon

Lake Powell at Oak Canyon

Lake Powell at Oak Canyon

Lake Powell at Oak Canyon

Lake Powell at Oak Canyon

Lake Powell at Oak Canyon

Lake Powell at Oak Canyon

3667

3650

3600

3550

3500

3450

3400

7.9

7.9

7.9

7.9

7.5

5.7

6.1

9:19

9:19

9:19

9:19

9:19

9:19

9:19

48

48

48

48

48

48

&6

Bureau lor.CHEMICAL ANALYSIS j( /ATER SAMPLES

Col /ecf«d brAnalyzed by Furnenux. Hyde. Hntfie]d. Sory_

DoteDot. . 2-12-76,

Project UlL£gjr CQ 1 orr-:'o K.1 vc r S toranc_

Location -

LabNo.

11600

11601

11602

HeldNo.

24

23

22

SamplingDale

1-8-76

1-8-76

1-8-76

Flowc.f.t.

ECxIO*past

594

309

>13

pHa

7.9

8.2

8.0

Di«-tolvedSolidspp.m.

611

625

644

Boronp.p.m.

SodiurtAdsorp

tionRatio

2.1

2.2

2.2

pHcSot-

uratlorIndex

f

Equivalent Weights

Equivalents per million or milliequivaltrtts per liter

Co*»

J.68

3.80

3.76

20.0

Mg»»

2.16

2.16

2.16

12.2

No*

3 . 64

3 . 7 2

3 ,72

23.0

K «

.10

.10

.10

39.1

co3s

0

0

0

30.0

HC05-

2.67

2.78

2.71

-

61.0

ci-

1.66

1.70

1.70

35.5

S04S

5.12

5.48

5.44

48.0

Lab. No. Location Elev.PPM

*D.O.Time

SampledTemp"F

11600 Lake Powell at Oak Canyon 3350 6.2 9:19 46

11601 Lake Tov;ell at Oak Canyon 3300 .6.4 9:19 44

11602 Lake Powell at Oak Canyon 3260 9:19 44

(PlV. 1Bureau ':laB/itlon

CHEMICAL ANALYSIS WATER SAMPLES

Collected byAnolyted by Jlin'ngaux. Hyde. Ha t f i e ld ,

DoteDate 2-12-76

ProjectLocotlon

Cniorn J_o R tver Storage

LabNo.

11603

11604

11605

11606

11607

11608

! 11609

FieldNo.

21

20

19

18

17

36

15

SamplingDate

1-6-76

1-6-76

1-6-76

1-6-76

1-6-76

1-6-76

1-6-76

Flowc.f.t.

ECxIO*@25°C

ri25

'.37

j22_

530

342

320

)34

pHa

8.3

8.0

-Eal

8.0

7.9

8.3

7.9

Dis-solvedSolid*p.p m.

424

434

.A24_.

428

452

556

624

Boronp.p.m.

Sod kmAdsorption

Ratio

1.4

1.5

1 .5

1.5

1.5

Ir9

2.1

pHcSat-

urationIndex

| Equivalent Weigh)*

Equivalents per million or millitquivoltntt per liter

Co»»

3.08

3.04

1.04

3.04

3.24

3.64

3.8820.0

Mg+»

1.40

JL.3j6

1 .16

1.36

1 . 36

1.02

2.1612.2

No*

2.16

2.16

.2...J(L_.

:;.a.&_

?..20

3.20

3.6R23.0

K *

.07

^06

^Q8

-J)&

.08

.09

f i o39.1

co,'

.40

0

n

o

0

.•}?

.030.0

HC03-

1.80

2.20

?.•)">

_2A2JL

J2.̂ 2JL

2.22^

2.71ei.o

ci-

.49

.53

J49

.49

.4S

1.16

l.il35.5

S04S

4.04

4.04

A.nn

4.00

i.40

S.20

s.fin48.0

Lab. No.

11603

11604

11605

11606

11607

11608

11609

Location

Lake Powell at Cha Canyon

Lake Powell at Cha Canyon

Lake Pou-ell at Cha Canyon

Lake Powell at Cha Canyon

Lake Powell at Cha Canyon

Lake Powell at Cha Canyon

Lake Powell at Cha Canyon

El ev .

3667

3650

3600

3550

3500

3450

Vino

PPMD.O.

7.4

7.4

7.4

7.4

3.8

4.1

4. A.

TimeSompled

1:34

1:34 .

1:34

1:34

1:34

1:34

1:34

Temp•F

50

49

49

49

47

Lfi

45

•-ireeu o - ? l f . onCHEMICAL ANALYSIS ATER SAMPLES

:ollect«d bysi Hyde, l la tf leld, Sory

DoteDot. . 2-17-76

Project ^yj^gr^CcLocal ion

LobNo.

11610

FieldNo.

14

SamplingDote

1-6-76

•

Flowc.f.».

ECxIO*@25°C

909

pHa

7 - 8

Di»-tolvedSolidsp.p.m.

626

:

Boronp.p.m.

SodiunAdsorption

Ratio

2-1

pHcSat-

urotlorIndex

Equivalent Weights

Equivalents per million or milliequivolenti per liter

Ca»»

3.84

20.0

Mg*«

2.16

12.2

No*

ji.f>a_

23.0

K *

.10

39.1

CO,*

0

30.0

HC03-

2.79

•-

61.0

Cl-

1.52

35.5

S04S

5.60

48.0

Lob. No. Location Elev.PPMD.O.

TimeSampled

Temp°F

11610 . Lake Powell at Cha Canyon 3360 \\-\l*

?! n -n\ D:-iCHEMICAL ANALYSIS WATER SAMPLES

olUcted by

byOola

Dot* Locotic-i

LobNo.

11559

1.1560

L1561

11562

11563

11564

11565

Fie ldHo.

65

64

63

62

61

60

59

SamplingDate

1-7-76

1-7-76

'1-7-76

1-7-76

1-7-76

1-7-76

1-7-76

Flowc.f.t.

ECHO*(a25°c

691

69J1

689

687

1050

1030

986

pHo

7.9

7.9

8.0

8.0

7.9

7.9

7.9

Dii-tolvedSolid*p.p m.

437

_M8_.

444

446

685

700

663

Boronp.p.m.

SodiurrAdsorp

tionRatio

1.6

1.7

1.7

1.7

2.5

2.4

2.4

pHcSat-

urationIndex

Equivalent Weights

Equivalent i per mil l ion of n i l i i e^ iva lc ru p»r li!«r

C a » »

2.90

2.96

2.92

2.94

4.12

4.12

3.9220.0

M g « »

1.68

1.66

1.64

1.64

2.52

2.48

2.3212.2

N o *

ZjtAf*

9.S7

2.54

2.53

4.52

j_ai_.4..?n23 0

K »

-.aa-,-̂ .Q9_

.09

.08

.11

-^IQ

.1139.1

C0j*

.fl

0

0

0

0

030.0

H C O j -

O ' T

-JLluL

2.:>8

2. 17

2 . 92

_2..1^

2 . 3A.61.0

C l -

1.04

_^95L...

.97

.95

2.17

2.07

1.9135.5

SC4 '

3.76

•\.6A

3.78

3.82

6.20

-fi..'.ffl

5.64 .48.0

Lab. No.

11559

11560

11561

11662

11563

11564

11565

Lake Powell

Lake Pov/ell

Lake Powell

Lake Powell

Lake Powell

Lake Powell

Lake Powell

Location

at Esral ante

at Fsralante

at F.scalante

at Escalante

at Escalante

at Escalante

at Escalante

D.O.PPM

6.

7.

5.

6.

S.

q

4

0

0

1

7

TimsVI ov Scrrip!»d

3fefi7 T? 1 c,

ThSA T t l S

360'J 3:15

3550 3:15

3500 3:15

3450 3:15

3400 ^:lr,

Temp

4Q

49

49

50

48

47

,re-au la-

DllecUilolyred

LobNo.

1566

1567.

OntrvHUttU MNML.IOIO " \l t« 53

/} by nntt

by Inrnoaux. Hyde, Hat field, Sory Oott 2-9-76

FieldNo.

5R

57

SompllngDate

1-7-76

1-7-76

Flow ECxIO*

366

352

pHa

8.0

7.9

Dis-solvedSolidsp.p m.

626

626

"•

Boronp.p.m.

SodiunrAdsorption

Ratio

2.3

2.3

pHcSot-

uratlorIndex

Equtvolent Weight*

AMKL

. Projec

Locatl

.t* (

i Upper Colorado 1'ivor Stornpc

• Equivalents per million or miiliequivatent* per lifer

C."

3.8A

3.8A

20.0

Mg-

2.28

2.28

12.2

No*

ft. 08

3.96

23.0

K +

.10

.10

39.1

CO,'

0

0

300

HCOS-

2.85

2.81

--

ei.o

ci-

1.87

1.81

35.5

S04«

5.A8

5.32

48.0

PPM Time Temp_ob. No. Location Elev. D.O. Sampled °F

L1566 take Powell at Esealnnt-p 1350 5. A 3:15 46

11567 Lake Powell at Escalante 3335 A . 8 3:15 46

(

£r

\

t\Ffi

re-a j cCHEMICAL ANALYSIS WATER SAMPLES

>llecftd by

lalyxed by H n t f l e l d , SnryDote

Dote 2-9-76Project .Upper Colorado River Storage

Location

LobNo.

1568

1569

L52IL

)^7L

1 111

1573

1574

f i e l d

Mo.

56

55

M

51

_52_

5'1

50

SamplingDale

1-7-76

1-7-76

1-7-76

1-7-76

1-7-76

1-7-76

1-7-76

FlowC.f.i.

ECxIO*@25"C

729

J91

i9Q

r,6fl

1030

953

974

pHa

8.0

8,2

8.0

R.O

fl.O

8.0

8.1

Olf-solvedSolidsp.p.m.

472

J66.

460

440

7?2

628

658

Boronp.p.m.

SodiunAdsorption

Ratio

1.8

1,7

1.7

1 .S

?.T

2.1

2.2

pHcSat-

urationIndex

Equivalent Weights

Equivalents per million or milliequivalentt per liter

Co»»

3.08

i.OO

>.9R

2.QO

l.?R

5.88

i.OO20.0

Mg**

1.76

.1.74

1.70

1.66

9. fin

2.56

2.4012.2

Na +

2. 80

2.60

2.54

2.34

A . 7 A

3.72

4.0023.0

K +

.08

-iJBfi

.08

.08

.11

.09

.1039.1

C03S

0

0

0

0

0

0

030.0

HCO,-

2.36

2.38

2.38

2.33

2.89

2.75

2.8161.0

ci-

1.12

1.06

1.06

.99

2.05

1.81

1.9135.5

S0<*

4.00

3.90

3.90

3.80

6.08

5.52

5.6448.0

*J.6a5.<i» </.*f PPMA* .-YC rti* ''"'**' Temp**ob. No. Location Elev. D.O. Sampled "F

1568

1569

1570

1571

1572

1573

1574

Like Powell at Bullfrog

Lake Powell at Bullfrog

Lake Powell at Bullfrog

Lake Powell at Bullfrog

Lake Pot/ell at Bullfrog

Lake Powell at Bullfrog

Lake Powell at Bullfrog

3667

3650

3600

3550

3500

3450

3400

7.4

7.4

7.4

7.0

6.4

7.6

7.2

12:52

12:52

12:52

12:52

12:52

12:52

12:52

50

48

48

48

48

46

45

I.< '

CHEMICAL ANALYSIS ~r ,TER SAMPLES

>a!>ied fry -i—-•—---j..

Dolt

Dof« —r2-10-76

PfO|«Ct

Locoflon

••r I..' 1 ...r.i ,.; t. r a. e

LobNo.

1575

Fi«!d

No

A9

. Sariflinfl

Oati

1-7-76

Flowc f •

ECHO*(a23"C

QR1

pHo

8. /4

Oii-tolvedSolidtpp.m.

654

Boronp.p.m.

SodiuirAd»orption

Ratio

2.T

pHcSot-

urotlorIndex

Equivalent WfiQhlt

Equivalents per million or millnquivcitnU per liter

Ca»»

4. no

20.0

Mg»«

2 A4

12.2

No*

4 08

23.0

K»

10

39.1

CO,'

/,g

30.0

HCOS-

2 4-4

61.0

ci-

t m

35.5

S042

1 HU

46.0

ob. No.

1575 Lake Powell at

Location

Bullfrog

Elov

3355

PPM Time TempT) n Sampled *F

7.2 12:52 45

CHEMICAL ANALYSli OF WATER SAMPLES

Collected byAnolyied by Fu™eaux. Hyde. Hat f ie ld , Sory

DateOatt 2-10-76

Project I'lPcr Colorado U i v o r _ Stora^c_

Locollon

LabNo.

11576

11577

11578

11579

11580

11581

FieldNo.

48

47

46

45

44

43'•

SamplingDate

1-7-76

1-7-76

1-7-76

1-7-76

1-7-76

1-7-76

Flowc.f.s.

ECxIO*

839

850

837

837

966

968

pHo

8.0

8.4

8.1

8.3

8.0

7.8

Dis-solvedSolidsp.pm.

',70

564

557

574

653

656

*&

Boronp.p.m.

SodiunAdsorp

tionRatio

1.9

1.9

1.9

1.9

2.3

2.2

pHcSat-

urationIndex

Equivalent Weights

Equivalents par mil l ion or mill ieqirvolints per liter

Co»*

3.56

3.52

3.56

3.60

4.00

3.96

20.0

M g + »

2.08

2.08

2.08

2.08

2.40

2.40

12.2

N o *

3.1.6

3.20

3.20

3.24

4.04

4. on

23.0

K *

.08

.09

.08

.08

.10

.10

39.1

CO,'

0

.48

0

.3?.

0

0

30.0

HCOS-

2.50

2.06

2.55

2.22

2.87

2.84

61.0

C l -

1.38

1.42

1.38

1.46

1.95

1.95

35.5

scv

4.96

5.02

5.08

4.92

5.60

5.50

48 0

-ob. No.

L1576

L1577

L1578

L1579

L1580

1581

Location

Lake Powell at Hite

Lake Powell at Hite

Lake Pox^ell at Hite

Lake Powell at Hite

Lake Pov;ell at IHte

Lake Powell at IHte

Elev.

3667

3650

3600

3550

3500

3475

D.O.

8.5

7 .9

7.9

7.9

P. 6

7.9

TimeSampled

10:37

10:37

10:37

10:37

10:37

10:37

Temp•F

48

48

48

48

42

41

LAKE POWELL

Son Juan Arm?L£A/ CANYON DAM

LEESFERRY A 10 20

10

SCALE OF MILES

10 20 3OJ= =L J

SCALE OF KILOMETERS

F\G.2 AREAL EXTENT OF LAKE POWELL ANDLOCATION OF SAMPLING STATIONS

Attachment SCONTRA' DICING PROPOSAL Offic

(RESEARCH AND DEVELOPMENT) '

Thu form a for UM whm lit uibmaiion of CMC or priciaff daa {*«• FPR 1-3.8O7-3) ii rtquind ttd '*°* '1 itt lubtatuaoa (or d» Op<iao«i Form 59 i» lutbonnd by tht concncrtnf oAcw.

• of Management and BudgetApproval No. 29-RO184

•K). NO. or PACSS

NAM( or ofw*oi sumics ANO/OX S**VICM TO M «j«Nisneo

HOMC orna AOOIUS

' \) AND LOCATUNtSl WHCM WOW IS TO H FWOIMCO TOTM AMOUNT Of MtOPOSAI. O<

1

DETAIL DESCRIPTION OF COST ELEMENTS

I. OUCCT *Att*M. ( ttmntt a* SxtMt A> ' • EST COS7

*. FUIOMSCO f A*TS

». SUKONItACTtO ITIMS

f. OtMH— ̂ 1 ; (AW MAIMIAi.

CJ/ rOUf srAMOAMCOMMCKUi ITEMS

lit INTKOIVISK3HA1 nUNSKHS f At nk*t limn cunt

TOTAL O/R£CJ MAT&RlsiL p; ::•. : . . . r - :

i. MArtiui ovemcAO' <*+» T..VI *«*»-;

3. CMWCT U»« C5^«»./j./ HOURS HOU« COST (

TOTAL DIRECT HBO* p ' f F"

4. U«O« Ove«HtAO (Sftafr Dtfvrtmnl tr Cu/ Cmur)' O.H. IAT( X »ASJ= 1ST COST1

TOTAL LABOK Ul'ERHC.-t» «'' '"' ' fj. SKOAL TCSTINC I tmladiiig fittd U'M* w< (jittnmtMi i>s/W/iffi««i> 1ST COST

3VT SOUCITAnON NO.

.., TOTAt UKX-'*) tST COST' SNCS=

••'*'

'

1

!

s; -

t.

f i/ • E •

f -[•• • • . • . . • • • - . . . . . - . . : •

f*; : . - •

f" 'h--:- ' if

TOTAL IPKiJAL TKSTI.VC, 1

«. SKCIAl (QU»M(NT (If Mnti fA-nfr> llumiu HI £>*.*« .4>

7. TKAVCL r// >/<rvr> <t>*r$ll 1 Gift a'tuil'i tm *n**M ^tlndnlti \T COST

*. TtANsroiTAnoN , '

ft) \

r ii. K* OHM Ol SUWISTINCJ i

roTAi. iKAi'Ki. !

}. CONSULTANTS fUrmiff -furfnt-niu) i i fCCST/S; ;

$, !

L i

! iJTOTAL (.OVSIll.TA N'TV

9 OTH«I 04ICCT COSTS illfmitf an £.\aii»i -1 ; >

10. TOTAL DIKKT tO.VT .I.V/J DfKltllKAtl \ 1 . GINttAl AND AOMiNISTtA(lv( ExrtNSt f Kw/r "- i/ • «</ iltnttm V»t. ; •

IS. tOYAlTIU • •

13. THI'AI. KUTIMA l'l-!> (l).v;i i

i*. «ioi«ofiT i

IJ. I'OTAI. KS'i'lMATKIt CO.VT <.SO FKF ')« PKMIT

OPTIONAL FORM -j»>Octoo«r tl>".

1000-101

THi» pcopoial is lufamicnd (or UM in cuniMction with and in mpom* to (Itntn^i KH>, tK.i

reflects our best esctmacv* as of thi» dare, in accordance with th* ln»crui:ciunk t» Offrrork «nd thv Foucnoco whicn tutlu<«.

TYTCO NAMC ANO T1TUSIONATUtt

NAMC O* HIMSUBMISSION

EXHIBIT A-SUPPQRT1NG SCHEDULE (Sptcify. If mart space is nitdtd, uu rtvtnt)COST EL NO. IITtM OtSCKimON (St* featnai*ESTCOST (Si

i MAS ANY uecuTive AGCNCY or rue UNITCO STATIS COVI*NMINT WWOMKD ANY HVIIW or YOU* ACCOUNTS o« ttCOios IN CONNKTION WITH ANY OTHHOOVIlNMfNT MIMt CONTIACT O« SUKONTtAO WITHIN TMC PAST TWRVf MONTHS?

YtS Q NO (Ifjm.NAMI ANO AOOMSi or (EVifwiNG orrcz ANO INOIVIOOAITfUPHOfei NUMWK/lxriNSION

II. WU YOU IEOUIH THC ust Or ANY OOVCINMCNT WOKHTV IN THC PWOIMANd or THIS PtOPOSCO CONTKACT7

D ™ O NO (If }"• '*•''/> «• nrtnt w itfunu

ill. OO YCU KQUMC aovCINMCNT CONTtAa 'INANCINO TO n*rp*M THIS PtOPOSID CONTRACT?

C rfS [j NO flffn. dnafj.l: Q AOVANCI PAYMCNTS Q PVCGtCSS PAYMCNTS O» [j CUAtANTCID IOANS

IV. OO ?OU NOW MOID ANY CONTRACT (Or. dt /•« Itmn **J tm^ifmrnmiij /tmaiuid flftfO) fn/ttai K3* THC SAMC OR SIMILAR WORK CAUfO 'OR IY THISPIOPOSCO CONTRACT?

O TK D *° (V y-V. OOCS THIS COST SUMMARY CONFORM WITH THC COST PWNCIPUS SIT FORTH IN ACfNCT RCGUUTIONS?

Q YCS Q NO (If m. rxfiam to rri-rnr »r af»tfU

Sit Xirmi ftr Imunuimti

2

OPTIONAL FORM 4O ! 10-' 1)

INSTRUCTIONS TO OFFERORS(. The purpose of this form it to provide * xindard format by whichth« olferor lubmiti (a (he Government a summary of incurred andestimated COM* I tod MlnthtJ mfftning inftrnuilan I suitable for de-tailed review and analysis. Prior to (he award of a contract resultingtram this proposal the ooeror shall, under the conditions >cand inFPR I-J.S07-} be required to submit a Certificate nf Current Cuu orPricing Data (See FPR l-3.SOT-)(h> and I-3.BOT-4).

2. In addition to the tpeciac information required by this form, theooeror u expected, in good faith, to incorporate in and submit «iththis form any additional data, supporting schedule*, or substantiationwhich are reasonably required for the conduct of an appropriate re-»«r» and analysis in the light of in* specinc facts of thi> procurement.Fur (dective negotiations, it i> csienttal (hat (here be a clear under-standing of:

a. The existing, verifiable data.b. The judgmental factors applied in projecting from known data

to the estimate, andc. The contingencies used by (he offerer in hi* proposed price.

In thon. the offerer's rstimating process it$el/ needs to be disclosed.

3. When attachment of supporting cost or pricing data to this form isimpracticable, the data will b* described liriih ahtjnln ai ^ffrtfriaitl.and made available to the contracting ameer or hit representative uponrequest.

4. The formats for the "Cost Elements" and the "Proposed ContractEstimate" are not intended as rigid requirements. These may be pre-sented in different formal wich the prior approval of the ContractingOfficer if required for more effective and.«mcient presentation. In allother respects (his form will be completed and submitted withoutchange.

». By submission of this proposal the offerer grant* to the ContractingOfficer, or his authorized representative, the right to examine, for thepurpose of verifying the cost or pricing data submitted, those books,record*, documents and other supporting data which will permit ade-quate (valuation of such cost or pricing data, along with the computa*tions and protections used therein. This right may be Mercised in con*lection with any negotiations prior to contract award.

FOOTNOTES

I Enltr m ihii column ihttt uttnuiry u*4 nnnnuhtt etiti ichith in lotjujfmtil tf iht tffimr unit fnttrty hi mtnmj in lot i/fcunl ftrftrmamtif tilt .tntract. «"*** 4«r tf '•*» »"» '» '»•> tflnmn Inn jirtfdi ln»ntntnrrtd li.f.. urn « ttttrr cuurntl »r thmmfi tntir), 4ntnln latm fn *n*tu<h<4 intftmng ictmtntt. Utxafy *il uin tfm/ Inniftn bait-it* nnrflana. JimifHi. *r trjmniuu»ni unJrr a tunmm itnlnt. irai<l> jn in-cliultJ 11 tihtr loan lit liwir »f em i» in* tnfmmi mmftrrtr tr mrmim*riit prn*.

i f'ftin ,fnn in *Jdii»n i* ihat JraUaMi in ExnMi A ii nqnin*1. it*luce ,if«r*tt pafn m *Kitt*ry j»J iJinnfy in tail "Xtftrtnti" solemnlaf itiiutamtnt in aihkh lot inftrmmlttn infftriinj iht ifttifit cut tiemm*i«r "' found. .V« stnnJmrJ furmml it fminatJ: ktmttr. lot ail tr frit-my 4aim mna IM attnnM. eftnfliu tin* cnmni. *ma in» ju^mim fasttnHU* in fnitflinf from tnt Jnta tt lot raimnln mail W sUlni in mlficunttiiuiJ it /«-*/« tnt Ctntratling 0/ftetr if trmiumU tkt fntfttl. F*r f.v-tmtli. fnndi iht Imit nud ftr fntmf mmtmtb intn *i *r itnmar yaw*Ulitml. latf ttlimalll. tr innitt prtc,,. iht r»im ftr tut tf 'trtrntud nutwhifa nVpurf ligmifltuxttt [nm i.vptritnflm' rmm f rtJnttJ rtium*. 4fUnntd it/tr rt-*rra*i[imtni. lit.); tr jam/junta ftr <ii> innmit inl*»*r ram lantKitmtrd iraft j*4 \*Ury mtrtmta, m. I. IJtniify anj i\-flmin anj ctntinftnan urnnn nn imcludtm in iht frtftit* fnct. auh m**iicifanm' etiti tf rtftrtt tnJ difictirl were, tr anlicifmuJ manual

J tnJicalt tat rmin ntJ tin*1 frtnjt an ufprtfnatt t\fimn*atu. Vhtnnfrttmtni lni httn nutatd \rilh Otrtmmtnl nfmtnuiini tn iht mt tfftrmnrd pricing nut. Jacrint iht latnrt tf iht ngrttmtnl. Prtritit ihtmtthom1 tf stmfntMnn *nd aApV/MMN if J*MT trtrhtmd txftnit. intima^ngeta artnhdtivn iind thtirinf IrtnJi **4 ^mlgtlary 4*tm M nttnurj ttfrtrnit » fmiit ftr rrWuw/rwf tf iht rtmivuihttntu tf frtftue1 rmtn.

4 If lot itul (til mltrta1 htrt il in ixcm tf JiJO, frtrldi tn * uf^rnttp*ft iht ftiltiring inftrmui»» in imth itfmrau utm tf rtyalty tr linmtfit: i*mt unj aiUmi tf Itctnur: &ut tf lieinu ffrttmtnl: fnuni ***••btn. fmiimi *fttis*um* artel mmmhtn. tr tihtr bun tn wnitb tat nynltyit fmjmUts srnf diitnflttn. intinJinf j»» fmrt tr m4*t tnmntn tf imthanma mm tr nmttntni tn irhith iht tymllj u fmimtit: ftntnuft trvtiUr rtit tf njally fir unit: unit friet tf ctnirnti iltm: »nm*tr ifumti; tnJ itisj j»U*r jmtnnt tf nymitin. In tdttititn. if tpttififuttf rt~i^uitli* 11 iht ctnirnttinf tifictr. * ctfy tf Iht tnmnt litinu j»nJ idinnftcaltt* tf jffiitMt ilninti tf ipttift p*mn tknU ht

S Prti-iJt » tin tf fnntipnJ iitmi iriihtn aea cjirt+rr inniuainftr unlicifmitJ ttnrti. ^lunniy. ana fmt. eomptiuitn tmlninid. **tf nuibiishing ttnret und nrnunnhttntu tf cut.

fntii

CONTINOAHON Of (XHIMT A—SUWOKTfNO SCHCOUU ANO MPUH TC QUtSnONJ II AMO V.

OPTIONAL FORM oO (10-M)

OPTIONAL FORM fto ,lO-'l. 4 -.-U.S.GPO:197M-311-153;5m