contract, in accordance with the established policy of the Contractor. Such transportation cost shall not be reimbursed in an amount greater than the cost of first class rail or of economy air travel, unless economy air travel and economy air travel space are not available and the Contractor certifies to the facts in the voucher or other documents submitted for reimbursement. Travel allowances (per diem) shall be reimbursed in accordance with the Contractors established policy, but in no event shall such allowances exceed $20.00 per day. b. The Contractor shall be reimbursed for the cost of travel performed by its personnel in their privately-owned automobiles at the rate of 12 cents per mile, not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobile, no additional charge will be made by the Contractor for such travel between such points. c. Travel for general scientific meetings and foreign travel requires prior written authorization by the Contracting Officer. 3. Rental Rearrangement and Alterations of Facilities a. Rental or lease of facilities including office space requires prior written authorization by the Contracting Officer. b. Rearrangement, alteration, or relocation of facilities requires prior written authorization by the Contracting Officer. 4. Office Equipment-Notwithstanding any other provisions of this contract to the contrary, the Contractor shall not purchase or lease under this contract any items of office equipment, including office furniture or machines. Recovery of cost of such items shall be allowable only to the extent that they are properly includable in the indirect cost charged to this contract. 5. Indirect Costs-No indirect costs shall be reimbursed to the contractor under this contract until such time as an indirect cost rate proposal has been submitted to the DHEW/Health Services and Mental Health Administration, Office of Financial Management and approved. Funds in the amount of $23,907 have been set aside to cover expected future payments for such costs. If the Contractor submits a proposal within three months of the effective date of the contract, indirect costs will be authorized for reimbursement from contract inception. If, however, the Contractor submits its proposal after the aforementioned three months, indirect costs will be authorized as of the date of the Contractor's submission. ARTICLE VII-SUBMISSION OF INVOICES AND PLACE OF PAYMENT In accordance with the provisions of Clause 6, hereof, the Contractor shall submit vouchers or invoices in accordance with the following Billing Instructions. A. Submission of Invoices-The Contractor shall submit the following minimum information in support of costs submitted: 1. Period of Performance for which costs are claimed. 2. Labor hours/or time, segregated as to professional and non-professional. 3. Overhead rate (s) and costs, segregated as to professional and non-professional. 4. Material costs, itemized in all cases. 5. Equipment cost, itemized and identified including reference to approval in all cases and separately from material costs. 6. General and Administrative rates and costs as applicable. 7. Any other supporting data that will clarify unusual expenditures. B. Place of Payment-Vouchers or invoices shall be submitted in original and four copies (except COMPLETION VOUCHER OR INVOICE) to: Health Services and Mental Health Administration Bureau of Community Environmental Management Financial Management Office Parklawn Building, Room 16-36 5600 Fishers Lane Rockville, Maryland 20852 The COMPLETION VOUCHER OR INVOICE will be forwarded to the aforementioned Paying Office through the National Institute for Occupational Safety and Health, Procurement Branch, 5600 Fishers Lane, Rm 10A-08, Rockville, Maryland 20852, marked for the attention of the Contracting Officer. C. Invoice Certification 1. Prior to the payment of invoices under this contract, the Contractor shall place on, or attach to, each invoice, submitted one of the following certifications, as appropriate : C. Preview and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract. Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which (i) constitutes an assignment of additional work outside the general scope of the contract; (ii) constitutes a change as defined in the contract clause entitled, "Changes;" (iii) in any manner causes an increase or decrease in the total estimated contract cost, the fixed fee or the time required for contract performance; or (iv) changes any of the expressed terms, conditions, or specifications of the contract. All technical directions shall be issued in writing by the Project Officer or shall be confirmed by him in writing within five (5) working days after issuance. The Contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within his authority under the provisions of this article. If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in (i) through (iv) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction of direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause of the contract. The Contractor shall thereupon proceed immediately with the directions given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled "Disputes." ARTICLE V-INSPECTION AND ACCEPTANCE Final inspection and acceptance of all items called for by the contract shall be made by the Contracting Officer, Rockville, Maryland 20852. ARTICLE VI-COMPENSATION A. 1. Subject to the provisions of Clause 3, "Limitation of Cost," of the General Provisions, the total estimated cost of this contract, exclusive of fee shall not exceed One Hundred Seventy Six Thousand Five Hundred Fortytwo Dollars ($176,542.00). 2. In addition to the estimated cost herein and in consideration of the satisfactory performance of the work called for in this contract, the Government will pay the Contractor the fixed fee of ELEVEN THOUSAND DOLLARS ($11,000.00). 3. The total amount of this contract, inclusive of the fixed fee, is ONE HUNDRED EIGHTY SEVEN THOUSAND FIVE HUNDRED FORTY TWO DOLLARS. B. For the performance of this contract the Government will reimburse the Contractor the cost thereof (hereinafter referred to as "allowable cost") determined by the Contracting Officer to be allowable in accordance with Clause 4, "Allowable Cost and Fixed Fee," of the General Provisions and the provisions below: 1. Salaries and Wages a. Salaries and wages of employees directly employed in performing the work required by this contract. b. Actual cost of fringe benefits. 2. Travel Travel and subsistence expenses exclusively in direct performance of this contract not to exceed $35,000.00 without prior written approval of the Contracting Officer. In the event prior approval is not obtained the Contracting Officer may, in his discretion, ratify in writing such travel costs in excess of the allowable amount and such action shall constitute the approval required by this Article. a. The Contractor shall be reimbursed for actual transportation costs and travel allowances (per diem) of personnel, authorized to travel under this 37-569-74-16 contract, in accordance with the established policy of the Contractor. Such transportation cost shall not be reimbursed in an amount greater than the cost of first class rail or of economy air travel, unless economy air travel and economy air travel space are not available and the Contractor certifies to the facts in the voucher or other documents submitted for reimbursement. Travel allowances (per diem) shall be reimbursed in accordance with the Contractors established policy, but in no event shall such allowances exceed $20.00 per day. b. The Contractor shall be reimbursed for the cost of travel performed by its personnel in their privately-owned automobiles at the rate of .12 cents per mile, not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobile, no additional charge will be made by the Contractor for such travel between such points. c. Travel for general scientific meetings and foreign travel requires prior written authorization by the Contracting Officer. 3. Rental Rearrangement and Alterations of Facilities a. Rental or lease of facilities including office space requires prior written authorization by the Contracting Officer. b. Rearrangement, alteration, or relocation of facilities requires prior written authorization by the Contracting Officer. 4. Office Equipment-Notwithstanding any other provisions of this contract to the contrary, the Contractor shall not purchase or lease under this contract any items of office equipment, including office furniture or machines. Recovery of cost of such items shall be allowable only to the extent that they are properly includable in the indirect cost charged to this contract. 5. Indirect Costs-No indirect costs shall be reimbursed to the contractor under this contract until such time as an indirect cost rate proposal has been submitted to the DHEW/Health Services and Mental Health Administration, Office of Financial Management and approved. Funds in the amount of $23,907 have been set aside to cover expected future payments for such costs. If the Contractor submits a proposal within three months of the effective date of the contract, indirect costs will be authorized for reimbursement from contract inception. If, however, the Contractor submits its proposal after the aforementioned three months, indirect costs will be authorized as of the date of the Contractor's submission. ARTICLE VII-SUBMISSION OF INVOICES AND PLACE OF PAYMENT In accordance with the provisions of Clause 6, hereof, the Contractor shall submit vouchers or invoices in accordance with the following Billing Instructions. A. Submission of Invoices-The Contractor shall submit the following minimum information in support of costs submitted: 1. Period of Performance for which costs are claimed. 2. Labor hours/or time, segregated as to professional and non-professional. 3. Overhead rate (s) and costs, segregated as to professional and non-professional. 4. Material costs, itemized in all cases. 5. Equipment cost, itemized and identified including reference to approval in all cases and separately from material costs. 6. General and Administrative rates and costs as applicable. 7. Any other supporting data that will clarify unusual expenditures. B. Place of Payment-Vouchers or invoices shall be submitted in original and four copies (except COMPLETION VOUCHER OR INVOICE) to: Health Services and Mental Health Administration Bureau of Community Environmental Management Financial Management Office Parklawn Building, Room 16-36 5600 Fishers Lane Rockville, Maryland 20852 The COMPLETION VOUCHER OR INVOICE will be forwarded to the aforementioned Paying Office through the National Institute for Occupational Safety and Health, Procurement Branch, 5600 Fishers Lane, Rm 10A-08, Rockville, Maryland 20852, marked for the attention of the Contracting Officer. C. Invoice Certification 1. Prior to the payment of invoices under this contract, the Contractor shall place on, or attach to, each invoice, submitted one of the following certifications, as appropriate : "I hereby certify that the amounts invoiced herein do not exceed the lower of (1) the contract price, or (2) maximum levels established in accordance with Executive Order 11640, January 26, 1972." "I hereby certify that I am a small business concern employing 60 or fewer employees (as determined in accordance with the regulations of the Cost of Living Council in 6 CFR 101.51, 37 F.R. 8939, May 3, 1972, and any subsequent amendments) and as such am exempt from wage and price controls as provided by the Council's regulation." 2. The Contractor agrees to insert the substance of this clause, including this paragraph 2, in all subcontracts for supplies or services issued under this contract. ARTICLE VIII-PROCUREMENT OF ALL MATERIAL, DATA, AND SERVICES Except as otherwise provided herein, procurement of all material, data, and services necessary for performance under the terms of this contract shall be the responsibility of the Contractor. ARTICLE IX-NOTICE OF MAXIMUM PERMISSIBLE ESCALATION IN WAGE AND PRICE STANDARDS The following clause is applicable if this contract is $2,500 or more: A. Bidders are advised of standards established under Executive Orders 11615, 11627, and 11640 setting maximum permissible percentages of escalation in wage rates and price increases. Such standards call for wage rate increases of no more than 5.5 percent per annum unless specific exceptions have been granted by the Pay Board. The price standard established by the Price Commission has the objective of holding economy-wide price increases to 2.5 percent per annum (3 percent per annum in the case of small business firms). To achieve this target, firms are allowed to increase prices to reflect allowable costs incurred since the last price increase or since January 1, 1971, whichever was later, and such costs as firm's are continuing to incur, adjusted to reflect productivity gains. These price increases may not result in profit margins on sales which exceed the firm's profit margins for the highest 2 of the last 3 fiscal years ending before August 15, 1971. Average productivity gains are estimated to be percent or higher for the economy annually for 1972 and 1973. ARTICLE X-UTILIZATION OF MINORITY BUSINESS ENTERPRISES A. It is the policy of the Government that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of Government contracts. B. The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in case of public owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes, Spanishspeaking American persons, American-Orientals, American-Indians, American Aleuts. Contractors may rely on written representations by subcontracts regarding their status as minority business enterprises in lieu of an independent investigation. ARTICLE XI-LISTING OF EMPLOYMENT OPENINGS This clause is applicable pursuant to 41 CFR 50-250 if this contract is for $10,000 or more and will generate 400 or more man-days of employment. A. The Contractor agrees that all employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall, to the maximum extent feasible, be offered for listing at an appropriate local office of the State emploment service system wherein the opening occurs and to provide such periodic reports to such local office regarding employment openings and hires as may be required. B. Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve only the normal obligations which attach to the placing of a bona fide job order but does not require the hiring of any job applicant referred by the employment service system. C. The periodic reports required by paragraph (a) of this clause, shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one establishment in a State, with the central office of that State employment service. Such reports shall indicate for each establishment the number of individuals who were hired during the reporting period and the number of hires who were veterans who served in the Armed Forces on or after August 5, 1964, and who received other than a dishonorable discharge. The Contractor shall maintain copies of the reports submitted until the expiration of 1 year after final payment under the contract, during which time they shall be made available, upon request, for examination by any authorized representatives of the Contracting Officer or of the Secretary of Labor. D. Whenever the Contractor becomes contractually bound to the listing provisions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State employment service system, there is no need to advise the State system of subsequent contracts. The Contractor may advise the State systems when it is no longer bound by this contract clause. E. This clause does not apply (1) to the listing of employment openings which occur outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and (2) to contracts with State and local governments. F. This clause does not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customery and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. G. As used in this clause: 1. "All employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and non-production; plant and office; laborers and mechanics; supervisory and nonsupervisory, technical and executive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. This term includes fulltime employment, temporary employment of more than 3 days' duration, and part-time employment. 2. "Appropriate office of the State employment service system" means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. 3. "Openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement," means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) or outside of a special hiring arrangement which is part of the customary and traditional employment relationship which exists between the Contractor and representatives of his employees and includes any openings which the Contractor proposes to fill from regularly established "recall" or "rehire" lists or from union hiring halls 4. "Man-day of employment" means any day during which an employee performs more than 1 hour of work. H. The Contractor agrees to place this clause (excluding this paragraph (h) in any subcontract directly under this contract. ARTICLE XII-COMPETITION IN SUBCONTRACTING The Contractor agrees to select subcontractors on a competitive basis to the maximum practical extent consistent with the objectives and requirements to this contract. |