3. That it is an Individual, State or Local Agency, ☐ Partnership, ☐ Joint Venture, Nonprofit, ☐ Educational Institution, ☐ Corporation organized and existing under the laws of the state of The Contractor agrees to furnish and deliver all the supplies and perform all the services set forth in the attached Special Provisions, for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the Special Provisions and the General Provisions. To the extent of any inconsistency between the Special Provisions or the General Provisions and any specifications or other provisions which are made a part of this contract, by reference or otherwise, and Special Provisions and the General Provisions shall control. To the extent of any inconsistency between the Special Provisions and the General Provisions, the Special Provisions shall control. In Witness Whereof, the parties hereto have executed this contract on the day and year last specified below. The Contractor shall furnish the necessary personnel, material, services, facilities, and otherwise do all things necessary for or incidental to the performance of the work set forth herein and in Exhibit 1, attached hereto and hereby made a part hereof. ARTICLE II-KEY PERSONNEL In accordance with the requirements of Clause 22, hereof, key Contractor personnel for the performance of work under this contract are: Project Director: Carolyn Conradus ARTICLE III-DESIGNATION OF PROJECT OFFICER John Morgan is hereby designated as Project Officer for this contract. The Project Officer or his authorized representative is responsible for the "Technical Direction" of the contract effort. ARTICLE IV-TECHNICAL DIRECTION Performance of the work under this contract shall be subject to the technical direction of the Project Officer. The term "Technical Direction" is defined to to include, without limitation, the following: A. Directions to the contractor which redirects the contract effort, shift work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statement of work. B. Providing information to the contractor for assistance in the interpretation of drawings, specifications or technical portions of the work description. C. Review 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 assignmnet 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 CLAUSE NO. 40-UTILIZATION OF LABOR SURPLUS AREA CONCERNS (a) It is the policy of the Government to award contracts to labor surplus area concerns that (1) have been certified by the Secretary of Labor (hereafter referred to as certified-eligible concerns with first or second preferences) regarding the employment of a proportionate number of disadvantaged individuals and have agreed to perform substantially (i) in or near sections of concentrated unemployment or underemployment or in persistent or substantial labor surplus areas or (ii) in other areas of the United States, respectively, or (2) are noncertified concerns which have agreed to perform substantially in persistent or substantial labor surplus areas, where this can be done consistent with the efficient performance of the contract and at prices no higher than are obtainable elsewhere. The Contractor agrees to use his best efforts to place his subcontracts in accordance with this policy. (b) In complying with paragraph (a) of this clause and with paragraph (b) of the clause of this contract entitled "Utilization of Small Business Concerns" the Contractor in placing his subcontracts shall observe the following order of preference which are also small business concerns; (2) other certified eligible concerns with a first preference; (3) certified-eligible concerns with a second preference which are also small business concerns; (4) other certifiedeligible concerns with a second preference; (5) persistent or substantial labor surplus area concerns which are also small business concerns; (6) other persistent or substantial labor surplus area concerns; and (7) small business concerns which are not labor surplus area concerns. HSM 99-73-54 PUBLIC HEALTH SERVICE, NEGOTIATED CONTRACT Negotiated Pursuant To: 41 USC 252 (c) (15) and P.L. 91-596 Issuing Office: Bureau of Community Environmental Management/HSMHA, Procurement Branch, Room 10A-08, 5600 Fishers Lane, Rockville, Maryland 20852. Contract for: Compilation of State and Local Laws and Regulations pertaining to Health and Safety in Youth Camps. Contractor (Name and Address): Computing and Software, Inc., 111 Capitol Mall, Suite 208, Sacramento, California 95814. Accounting and Appropriation Data: Appropriation: 7530343; Allowance: 34430; CAN: 3–3853710; Project No.: C-3005; Vendor Code: ; RFP No.: HSM 99-BCEM-12 (3). Place of Performance: Sacramento, California. Contract Amount: Estimated cost_. Fixed Fee at 7 percent_ Total estimate cost and fee_____ $14, 263. 00 998.00 15, 261. 00 Mail Vouchers to: Bureau of Community Environmental Management, Room 16-23, 5600 Fishers Lane, Rockville, Maryland 20852. Sponsor: Bureau of Community Environmental Management. Effective Date: June 30, 1973. Expiration Date: October 31, 1973. Contractor Represents 1. That it is, is not, a small business concern. If he is a small business concern and is not the manufacturer of the supplies to be furnished hereunder, he also represents that all such supplies will, will not, be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. (A small business concern for the purpose of Government procurement is a concern, including its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is contracting and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria, as prescribed by the Small Business Administration.) (See Code of Federal Regulations, Title 13, Part 121, as amended, which contains detailed definitions and related procedures.) 2. That it is a☐ Regular Dealer in, ☐ Manufacturer of, the supplies covered by this contract. 3. That it is an Individual, State or Local Agency, ☐ Partnership, Joint Venture, Nonprofit, Educational Institution, ☐ Corporation organized and existing under the laws of the state of The Contractor agrees to furnish and deliver all the supplies and perform all the services set forth in the attached Special Provisions, for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the Special Provisions and the General Provisions. To the extent of any inconsistency between the Special Provisions or the General Provisions and any specifications or other provisions which are made a part of this contract, by reference or otherwise, and Special Provisions and the General Provisions shall control. To the extent of any inconsistency between the Special Provisions and the General Provisions, the Special Provisions shall control. In Witness Whereof, the parties hereto have executed this contract on the day and year last specified below. The Contractor shall furnish the necessary personnel, material, services, facilities, and otherwise do all things necessary for or incidental to the performance of the work set forth herein and in Exhibit 1, attached hereto and hereby made a part hereof. ARTICLE II-KEY PERSONNEL In accordance with the requirements of Clause 22, hereof, key Contractor personnel for the performance of work under this contract are: Project Director: Carolyn Conradus ARTICLE III-DESIGNATION OF PROJECT OFFICER John Morgan is hereby designated as Project Officer for this contract. The Project Officer or his authorized representative is responsible for the "Technical Direction" of the contract effort. ARTICLE IV-TECHNICAL DIRECTION Performance of the work under this contract shall be subject to the technical direction of the Project Officer. The term "Technical Direction" is defined to to include, without limitation, the following: A. Directions to the contractor which redirects the contract effort, shift work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statement of work. B. Providing information to the contractor for assistance in the interpretation of drawings, specifications or technical portions of the work description. C. Review 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 assignmnet 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 wthin 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 direction 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 20352. 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 FOURTEEN THOUSAND TWO HUNDRED SIXTY THREE DOLLARS ($14,263.00). 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 NINE HUNDRED NINETY EIGHT DOLLARS ($998.00). 3. The total amount of this contract, inclusive of the fixed fee, is FIFTEEN THOUSAND TWO HUNDRED SIXTY ONE DOLLARS ($15,261.00). 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 $1,300.00 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 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 $25.00 per day. b. The Contractor shall be reimbursed for the cost of travel performed by its personnel in their private-owned automobiles at the rate of 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 requiries 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 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 property 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 $3,458 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 provision of Clause 6, hereof, the Contractor shall submit vouchers or invoices in accordance with the following Billing Instructions. A. Submission of Incoives-The Contractor shall submit the following minimum niformation 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, segrated as to professional and nonprofessional. 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: Bureau of Community Environmental Management Financial Management Office Room 16-23 56 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, A. Submission of Invoices-The Contractor shall submit the following minimum information in support of costs submitted: 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. 3939, 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. |