Acquisition Regulation (NRCAR)

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to

amend its regulations governing the procurement of goods and services.

The proposed rule is intended to meet the requirements of Public Law

103-355 (the Federal Acquisition Streamlining Act--FASA) and Public Law

104-106 (the Federal Acquisition Reform Act (FARA), and the Information

Technology Management Reform Act (ITMRA.)) Both public laws modify and

streamline Federal Acquisition Regulation (FAR) requirements. This

proposed rule would eliminate obsolete coverage and make necessary

technical and conforming amendments to the NRCAR. The NRCAR applies to

all contracts including simplified acquisitions where specified and to

modifications that require a justification for other than full and open

competition.

DATES: Comments on the proposed rule must be received on or before

February 22, 1999. Comments received after this date will be considered

if it is practical to do so, but assurance of consideration cannot be

given except as to comments received on or before this date.

ADDRESSES: Submit written comments to: The Secretary of the Commission:

U.S. Nuclear Regulatory Commission; Attention: Rulemakings and

Adjudications Staff; Washington, D.C. 20555. Copies of comments

received may be examined or obtained for a fee at the NRC Public

Document Room, 2120 L Street, NW, Lower Level, Washington, D.C.

(telephone (202) 634-3273). You may also provide comments via the NRC's

interactive rulemaking website through the NRC home page (http://

www.nrc.gov). This site provides the availability to upload comments as

files (any format), if your web browser supports that function. For

information about the interactive rulemaking website, contact Ms. Carol

Gallagher, (301) 415-5906; e-mail [email protected]

FOR FURTHER INFORMATION CONTACT: Timothy F. Hagan, Director, Division

of Contracts and Property Management, Office of Administration, Nuclear

Regulatory Commission, Washington, D.C. 20555. Telephone: (301) 415-

7305.

SUPPLEMENTARY INFORMATION:

Background

The U.S. Nuclear Regulatory Commission Acquisition Regulations

(NRCAR) in 48 CFR Chapter 20 implement and supplement the government-

wide Federal Acquisition Regulation (FAR) and ensure that the policies

governing the procurement of goods and services within the NRC satisfy

the needs of the agency. The NRCAR includes policies, procedures,

solicitation provisions, and contract clauses needed to ensure

effective and efficient evaluation, negotiation, and administration of

procurements.

The NRCAR must now be updated to meet the requirements of Public

Law 103-355 (the Federal Acquisition Streamlining Act--FASA) and Public

Law 104-106 (the Federal Acquisition Reform Act (FARA), and the

Information Technology Management Reform Act (ITMRA.)) Both public laws

modify and streamline FAR requirements. In the process of updating the

NRCAR to comply with FAR acquisition streamlining requirements, the NRC

intends to eliminate obsolete coverage and make necessary technical and

conforming amendments to its policies, procedures, solicitation

provisions, and contract clauses. The NRC expects that any new

reporting burden that would be incurred as a result of these changes

would be offset by elimination of other reporting requirement burdens

specific to this agency (e.g., pre-award proposal preparation

requirements).

Summary of Changes

1. Part 2002--Definitions--This Part would be amended to add

language designating Task and Delivery Order Ombudsman in accordance

with FASA requirements.

2. Part 2003--Improper business practices and personal conflicts of

interest--This Part would be amended to cite the Office of Government

Ethics (OGE) regulations covering standards of conduct for federal

employees rather than the NRC's regulation in this area. The OGE

regulations were published at 61 FR 66830-66851 (December 18, 1996) and

took effect on January 17, 1997. The OGE regulations supersede the NRC

standards of conduct regulations which were previously found in 10 CFR

Part 0. Standards of conduct and requirements for financial disclosure

are now published in 5 CFR Parts 2635, 5801 and 2634 respectively. 10

CFR Part 0 has been eliminated.

3. Part 2009--Contractor Qualifications--This Part would be amended

at Sec. 2009.1 ``Responsible prospective contractors''. The language

under Sec. 2009.100 would be simplified to enhance understanding of the

NRC's policy covering award of contracts to former NRC employees and

award of contracts to firms which employ former NRC employees. The

language would also clarify which procurement actions are considered

noncompetitive for the purposes of this policy.

a. The NRC requires information provided under Sec. 2052.209-70

``Current/Former Agency Employee Involvement'' to ensure that conflict

of interests are avoided and fairness is maintained during the

selection process. Section 2052.209-71 ``Contractor Organizational

Conflicts of Interest (representation)'' is required by statute (42

U.S.C. Sec. 2221, Sec. 170A of the Atomic Energy Act of 1954, as

amended). The Certification requirement of both sections, which

required a high level review within a contractor's organization, would

be downgraded to a Representation requirement. This action is intended

to lessen a contractor's reporting burden pursuant to Section 4301 of

PL 109-106 (FARA).

4. Part 2009.5--Organizational Conflicts of Interest--This Part

would be amended to bring the definition of ``Subcontractor'' found in

Sec. 2009.570-2 into conformance with Section 170A of the Atomic Energy

Act.

5. Part 2010--Specifications, Standards, and Other Purchase

Descriptions--This Part, as well as Sec. 2010.004--Brand name products

or equal, would be deleted in their entirety. FAR Part 10 is now

devoted to Market Research. Guidance on the use of brand name products

is now found under FAR Part 11. FAR Subpart 11.104 describes brand name

product as ``Items peculiar to one manufacturer.'' The FAR now allows

some flexibility in acquiring brand name products which is not evident

in the current NRCAR prescription and clause (Sec. 2052.210-70). Some

restriction on ordering brand name products is evident in FAR 6.302-1

which requires a sole source justification for such purchases. Also,

the basis for not providing for maximum practicable competition must

now be documented in the file when the acquisition is awarded using

simplified acquisition procedures.

6. Part 2015--Contracting By Negotiation--This Part would be

amended in keeping with changes made under the NRC's Procurement

Reinvention Laboratory. Sections 2015.209-70(b) and Sec. 2052.215-75

encourage the contracting officer to ask Offerors to submit technical

and management proposals either by an oral

[[Page 67727]]

presentation or by a written document. Section 2015.209-70(b) further

clarifies that proposal preparation instructions be tailored to assure

that all sections of the instructions reflect a one-to-one relationship

to the evaluation criteria. Section 2015.304 would allow the

contracting officer flexibility in selection evaluation procedures/

criteria (e.g., weighted criteria or evaluations based upon non-

weighted narrative evaluations) which are appropriate to the type of

solicitation and requirement. Section 2015.304 would also encourage the

contracting officer to use a minimum number of evaluation factors by

referencing FAR Sec. 15.304(b). This section of the FAR emphasizes that

evaluation factors and significant subfactors must represent key areas

of importance and emphasis to be considered in the source selection

decision.

7. Part 2016--Types of Contracts--This Part would be amended to

allow the CO the flexibility to negotiate ceiling rates for indirect

costs and to streamline the task order technical proposal language.

8. Part 2032--Contract Financing--Sec. 2032.4--This Part would be

amended to bring its language in line with FAR Part 32.4 which covers

advance payments for non-commercial items.

9. Part 2025--Foreign Acquisition--This Part would be deleted in

its entirety due to a regulatory change in FAR Part 2025. The NRCAR

previously required the contracting officer to approve a written

determination not to acquire US-produced supplies for public use. The

Head of the Contracting Activity (HCA) was required to approved such a

determination for acquisitions which exeeded $1 million. FAR

Sec. 25.102 has since been revised to give the contracting officer some

flexibility in making the nonavailability of US-produced supplies

determination. FAR Sec. 25.102 has done this by eliminating the

requirement and dollar threshold for HCA approval of the contracting

officer's determination, and stating that the HCA may (vice ``must''

under previous FAR language) make a nonavilability determination for

any circumstance other than what was considered by the contracting

officer. Due to this regulatory change, NRCAR coverage of foreign

acquisitions is no longer needed.

10. Part 2033--Protests, Disputes and Appeals--This Part would be

amended to clarify agency procedures for responding to agency protests

and for handling disputes and appeals pursuant to the Contracts Dispute

Act. This Part would be amended to update the address for the U.S.

Department of Energy Board of Contract Appeals.

11. Part 2035 Research and Development Contracting--This Part would

be amended to give the contracting officer flexibility to choose the

evaluation criteria which will be used to select contractors under

Broad Agency Announcements.

Administrative Procedure Act

Section 553 of the Administrative Procedure Act (5 U.S.C. 551 et

seq.) exempts rules relating to public contracts from the prior notice

and comment procedure normally required for informal rulemaking.

However, the Office of Federal Procurement Policy (OFPP), Office of

Management and Budget, has established procedures to be used by all

Federal agencies in the promulgation of procurement regulations. OFPP

Policy Letter 83-2 states that an agency must provide an opportunity

for public comment before adopting procurement regulation if the

regulation is ``significant.'' ``Significant'' is defined generally as

something which has an effect beyond the internal operating procedures

of the agency or has a cost or administrative impact on contractors.

The NRC has determined that this rule is not significant within the

meaning of OFPP Policy Letter No. 83-2. This regulation is issued

principally to combine previously cleared procedures into one document,

to exercise delegations established by the FAR, and to adopt other

procedures that will not have a cost or administrative impact on

contractors.

While not required to do so under the terms of the OFPP Policy

Letter 83-2, the NRC is issuing the revised NRC Acquisition Regulation

(NRCAR) as a proposed rule. The NRC is accepting comments on this

regulation for 75 days after the date of publication. The NRC will

review all comments and will consider changes to the rule, as proposed,

as a result of comments received.

Environmental Impact: Categorical Exclusion

The NRC has determined that this proposed regulation is the type of

action described in the categorical exclusion set forth in 10 CFR

51.22(c)(5). Therefore, neither an environmental impact statement nor

an environmental assessment is required for this proposed rule.

Paperwork Reduction Act Statement

This proposed rule amends information collection requirements that

are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et

seq.). This rule has been submitted to the Office of Management and

Budget for review and approval of the paperwork requirements.

Because the proposed rule will reduce existing information

collection requirements, the public burden for this information

collection is expected to be decreased by 3.2 hours per potential

contractor. This reduction includes the time required for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed and completing and reviewing the

information collection. The U.S. Nuclear Regulatory Commission is

seeking public comment on the potential impact of the information

collections contained in the proposed rule and on the following issues.

1. Is the proposed information collection necessary for the proper

performance of the functions of the NRC, including whether the

information will have practical utility?

2. Is the estimate of burden accurate?

3. Is there a way to enhance the quality, utility, and clarity of

the information to be collected?

4. How can the burden of the information collection be minimized,

including the use of automated collection techniques or other forms of

information technology?

Send comments on any aspect of this proposed information

collection, including suggestions for further reducing the burden, to

the Records Management Branch (T6 F-33), U.S. Nuclear Regulatory

Commission, Washington, DC 20555-0001, or by Internet electronic mail

at [email protected]; and to the Desk Officer, Office of Information and

Regulatory Affairs, NEOB-10202, (3150-0169), Office of Management and

Budget, Washington, DC 20503.

Comments to OMB on the information collections or on the above

issues should be submitted by January 7, 1999. Comments received after

this date will be considered if it is practical to do so, but assurance

of consideration cannot be given to comments received after this date.

Public Protection Notification

If an information collection does not display a currently valid OMB

control number, the NRC may not conduct or sponsor, and a person is not

required to respond to, the information collection.

Regulatory Analysis

This proposed rule would amend the procedures and requirements

necessary to implement and supplement the FAR. The proposed rule

presents

[[Page 67728]]

amendments to the regulations necessary to ensure that the regulations

governing the procurement of goods and services within the NRC

satisfies the particular needs and requirements of the NRC. This

proposed rule constitutes an administrative action governing the

procurement activities of the NRC. These provisions would not have an

adverse economic impact on any contractor or potential contractor

because they merely supplement the requirements applicable to the

acquisition of goods and services by the agency. By clearly and

explicitly implementing the FAR and presenting those additional

provisions necessary to reflect the needs of the NRC, the proposed rule

would allow a contractor or potential contractor to understand more

clearly the regulations to be used in soliciting, evaluating and

awarding contracts for the provision of goods and services. This

constitutes the regulatory analysis for this proposed rule.

Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the Commission certifies that this proposed rule, if adopted,

will not have a significant economic impact on a substantial number of

small entities. The proposed rule would amend the procedures and

requirements necessary to implement and supplement the FAR which govern

the acquisition of goods and services by the NRC. To the extent that

the proposed rule affects a small entity, it sets out provisions

applicable to small business, disadvantaged business, and women-owned

business concerns.

Backfit Analysis

The NRC has determined that a backfit analysis is not required for

this proposed rule because it does not involve any provision which

would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects

48 CFR Parts 2001, 2002, 2003, 2004, and 2005

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations.

48 CFR Part 2009

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and record-keeping requirements.

48 CFR Parts 2011 and 2013

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations.

48 CFR Parts 2014 and 2015

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and record-keeping requirements.

48 CFR Parts 2016 and 2017

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations.

48 CFR Part 2019

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and record-keeping requirements.

48 CFR Parts 2022 and 2024

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations.

48 CFR Part 2027

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and record-keeping requirements.

48 CFR Parts 2030, 2031, 2032, 2033, and 2035

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations.

48 CFR Part 2042

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and record-keeping requirements.

48 CFR Part 2045

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations Reporting and record-keeping requirements.

48 CFR Part 2052

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and record-keeping requirements.

For the reasons set out in the preamble and under the authority of

the Atomic Energy Act of 1954, as amended, the Energy Reorganization

Act of 1974, as amended, 5 U.S.C. 553, and FAR Subpart 1.3, the NRC is

proposing to revise Chapter 20 to Title 48 of the Code of Federal

Regulations in its entirety to read as follows:

CHAPTER 20--NUCLEAR REGULATORY COMMISSION

SUBCHAPTER A--GENERAL

PART 2001--NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION

SYSTEM

Subpart 2001.1--Purpose, Authority, Issuance

Sec.

2001.101 Purpose.

2001.102 Authority.

2001.103 Applicability.

2001.104 Issuance.

2001.104-1 Publication and code arrangement.

2001.104-2 Arrangement of the regulations.

2001.104-3 Copies.

2001.105 Information collection requirements: OMB approval.

Subpart 2001.3--Agency Acquisition Regulations

2001.301 Policy.

2001.303 Public participation.

Subpart 2001.4--Deviations From the FAR and the NRCAR

2001.402 Policy.

2001.403 Individual deviations.

2001.404 Class deviations.

Subpart 2001.6--Contracting Authority and Responsibilities

2001.600-70 Scope of subpart.

2001.601 General.

2001.602-3 Ratification of unauthorized commitments.

2001.603 Selection, appointment, and termination of appointment.

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);

Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841; 41 U.S.C.

418(b)).

Subpart 2001.1--Purpose, Authority, Issuance

2001.101 Purpose.

This subpart establishes Chapter 20, the Nuclear Regulatory

Commission Acquisition Regulation (NRCAR), and provides for the

codification and publication of uniform policies and procedures for

acquisitions by the NRC. The NRCAR is not, by itself, a complete

document. It must be used in conjunction with the Federal Acquisition

Regulation (FAR) (48 CFR Chapter 1).

2001.102 Authority.

The NRCAR and the amendments to it are issued by the Senior

Procurement Executive under a delegation from the Executive Director

for Operations dated May 16, 1997, in accordance with the authority of

the Atomic Energy Act of 1954, as amended (42. U.S.C. 161), the Energy

Reorganization Act of 1974 (42 U.S.C. 5841, 5872), the Federal Property

and Administrative Services Act of 1949

[[Page 67729]]

(40 U.S.C. 486(c)), as amended, FAR Subpart 1.3, and other applicable

law.

2001.103 Applicability.

The FAR and NRCAR apply to all NRC acquisitions of supplies and

services which obligate appropriated funds, except as exempted by

Sections 31 and 161 of the Atomic Energy Act of 1954 as amended, and

Section 205 of the Energy Reorganization Act of 1974 as amended. For

procurements made from nonappropriated funds, the Director, Division of

Contracts and Property Management, shall determine the rules and

procedures that apply.

2001.104 Issuance.

2001.104-1 Publication and code arrangement.

(a) The NRCAR and its subsequent changes are:

(1) Published in the daily issue of the Federal Register; and

(2) Codified in the Code of Federal Regulations (CFR).

(b) The NRCAR is issued as 48 CFR Chapter 20.

2001.104-2 Arrangement of the regulations.

(a) General. Chapter 20 is divided into parts, subparts, sections,

subsections, paragraphs, and further subdivisions as necessary.

(b) Numbering. The numbering system and part, subpart and section

titles used in this Chapter 20 conform with those used in the FAR as

follows:

(1) Where Chapter 20 implements the FAR or supplements a parallel

part, subpart, section, subsection, or paragraph of the FAR, that

implementation or supplementation is numbered and captioned to the FAR

part, subpart, section, or subsection being implemented or

supplemented, except that the implementation or supplementation is

preceded with a 20 or 200 so that there will always be four numbers to

the left of the decimal. For example, NRC's implementation of FAR

1.104-1 is shown as 2001.104-1 and the NRC's implementation of FAR 24.1

is shown as 2024.1.

(2) When NRC supplements material contained in the FAR, it is given

a unique number containing the numerals ``70'' or higher. The rest of

the number parallels the FAR part, subpart, section, subsection, or

paragraph it is supplementing. For example, Section 170A of the Atomic

Energy Act of 1954, as amended, requires a more comprehensive

organizational conflict of interest review for NRC than is contemplated

by FAR 9.5. This supplementary material is identified as 2009.570.

(3) Where material in the FAR requires no implementation or

supplementation, there is no corresponding numbering in the NRCAR.

Therefore, there may be gaps in the NRCAR sequence of numbers where the

FAR requires no further implementation.

(c) Citation. The NRCAR will be cited in accordance with Federal

Register Standards approved for the FAR. Thus, this section when

referred to in the NRCAR is cited as 2001.104-2(c). When this section

is referred to formally in official documents, such as legal briefs, it

should be cited as ``48 CFR 2001.104-2(c).'' Any section of the NRCAR

may be formally identified by the section number, e.g., ``NRCAR

2001.104-2.'' In the NRCAR, any reference to the FAR will be indicated

by ``FAR'' followed by the section number, for example FAR 1-104.

2001.104-3 Copies.

Copies of the NRCAR in Federal Register and CFR form may be

purchased from the Superintendent of Documents, Government Printing

Office, Washington, DC 20402.

2001.105 Information collection requirements: OMB approval.

(a) The Nuclear Regulatory Commission has submitted the information

collection requirements contained in this part to the Office of

Management and Budget (OMB) for approval as required by the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or

sponsor, and a person is not required to respond to, a collection of

information unless it displays a currently valid OMB control number.

OMB has approved the information collection requirements contained in

this part under control number 3150-0169.

(b) The information collection requirements contained in this part

appear in sections 2009.570-3, 2009.570-5, 2009.570-8, 2014.201-670,

2027.305-3, 2042.570-1, 2042.803, 2045.371, 2052.204-70, 2052.204-71,

2052.209-70, 2052.209-71, 2052.209-72, 2052.211-70, 2052.211-71,

2052.211-72, 2052.211-72 Alternate 1, 2052.214-71, 2052.214-72,

2052.214-74, 2052.215-70, 2052.215-71, 2052.215-74, 2052.215-75,

2052.215-75 Alternate 1, 2052.215-75 Alternate 2, 2052.215-78,

2052.216-72, 2052.227-70, 2052.235-70, 2052.235-71, 2052.242-70, and

2052.242-71.

(c) This part contains information collection requirements in

addition to those approved under the control number specified in

paragraph (a) of this section. These information collection

requirements and control numbers under which they are approved are as

follows:

(1) In 2052.215-77(a) and 2052.215-78(b), NRC Form 445 is approved

under control number 3150 **to be assigned**.

(2) [Reserved]

Subpart 2001.3--Agency Acquisition Regulations

2001.301 Policy.

Policy, procedures, and guidance of an internal nature will be

promulgated through internal NRC issuances such as Management

Directives or Division of Contracts and Property Management

Instructions.

2001.303 Public participation.

FAR 1.301 and Section 22 of the Office of Federal Procurement

Policy Act, as amended (41 U.S.C. 418b) require rulemaking for

substantive acquisition rules, but allow discretion in the matter for

other than significant issues meeting the stated criteria. Accordingly,

the NRCAR has been promulgated and may be revised from time to time in

accordance with FAR 1.301. This procedure for significant subject

matter generally involves issuing a notice of proposed rulemaking,

inviting public comment, review and analysis of comments received, and

publication of a final rule. The final rule includes a discussion of

the public comments received and describes any changes made as a result

of the comments.

Subpart 2001.4--Deviations From the FAR and the NRCAR

2001.402 Policy.

(a) Deviations from the provisions of the FAR or NRCAR may be

granted as specified in this subpart when necessary to meet the

specific needs of the requesting office. The development and testing of

new techniques and methods of acquisition should not be discouraged

simply because such action would require a FAR or NRCAR deviation.

(b) Requests for authority to deviate from the provisions of the

FAR or the NRCAR must be signed by the requesting office and submitted

to the Director, Division of Contracts and Property Management, in

writing as far in advance as possible. Each request for deviation must

contain the following:

(1) A statement of the deviation desired, including identification

of the specific paragraph number(s) of the FAR or NRCAR from which a

deviation is requested;

[[Page 67730]]

(2) The reason why the deviation is considered necessary or would

be in the best interest of the Government;

(3) If applicable, the name of the contractor and identification of

the contract affected;

(4) A description of the intended effect of the deviation;

(5) A statement of the period of time for which the deviation is

needed; and

(6) Any pertinent background information which will contribute to a

full understanding of the desired deviation.

2001.403 Individual deviations.

In individual cases, deviations from either the FAR or the NRCAR

will be authorized only when essential to effect only one contracting

action or where special circumstances make the deviations clearly in

the best interest of the Government. Individual deviations must be

authorized in advance by the Director, Division of Contracts and

Property Management.

2001.404 Class deviations.

Class deviations affect more than one contracting action. Where

deviations from the FAR or NRCAR are considered necessary for classes

of contracts, requests for authority to deviate must be submitted in

writing to the Director, Division of Contracts and Property Management,

who will consider the submission jointly with the Chairperson of the

Civilian Agency Acquisition Council, as appropriate.

Subpart 2001.6--Contracting Authority and Responsibilities

2001.600-70 Scope of subpart.

This subpart deals with the placement of contracting authority and

responsibility within the agency, the selection and designation of

contracting officers, and the authority of contracting officers.

2001.601 General.

(a) Contracting authority vests in the Chairman. The Chairman has

delegated this authority to the Executive Director for Operations

(EDO). The EDO has delegated this authority to the Deputy Executive

Director for Management Services (DEDM). The DEDM has delegated this

authority to the Director, Office of Administration (ADM). The

Director, ADM, has delegated the authority to the Director, Division of

Contracts and Property Management, who, in turn, makes contracting

officer appointments within the Headquarters and the Regional Offices.

All of the above delegations are formal written delegations containing

dollar limitations and conditions.

(b) The Director, Division of Contracts Division of Contracts and

Property Management, establishes contracting policy throughout the

agency; monitors the overall effectiveness and efficiency of the

agency's contracting office; establishes controls to assure compliance

with laws, regulations, and procedures; and delegates contracting

officer authority.

2001.602-3 Ratification of unauthorized commitments.

(a) The Government is not bound by agreements or contractual

commitments made to prospective contractors by persons to whom

contracting authority has not been delegated. Any unauthorized

commitment may be in violation of the Federal Property and

Administrative Services Act, other Federal laws, the FAR, the NRCAR,

and good acquisition practice. Certain requirements of law and

regulation necessary for the proper establishment of a contractual

obligation may not be met under an unauthorized commitment; for

example, the certification of the availability of funds, justification

for other than full and open competition, competition of sources,

determination of contractor responsibility, certification of current

pricing data, price/cost analysis, administrative approvals, and

negotiation of appropriate contract clauses.

(b) The execution of otherwise proper contracts made by individuals

without contracting authority, or by contracting officers in excess of

the limits of their delegated authority, may later be ratified. To be

effective, the ratification must be in the form of a written

procurement document clearly stating that ratification of a previously

unauthorized commitment is intended. All ratifications of procurement

actions valued at $2,500 or less may be approved by the appropriate

regional administrator or Headquarters contracting officer. For any

such action, all other terms of Subpart 2001.6 are applicable. The

Competition Advocate shall approve all ratification actions exceeding

$2,500 subsequent to the review and approval recommendation by the

Director, Division of Contracts and Property Management.

(c) Requests received by contracting officers for ratification of

commitments made by personnel lacking contracting authority must be

processed as follows:

(1) The Designating Official, responsible for the office request,

shall furnish the contracting officer all records and documents

concerning the commitment and a complete written statement of facts,

including, but not limited to:

(i) A written statement consistent with the complexity and size of

the action as to why the contracting office was not used including the

name of the employee who made the commitment;

(ii) A statement as to why the proposed contractor was selected;

(iii) A list of other sources considered;

(iv) A description of work performed, or to be performed, or

products to be furnished;

(v) The estimated or agreed upon contract price;

(vi) A certification of the appropriated funds available;

(vii) A description of how unauthorized commitments in similar

circumstances will be avoided in the future.

(2) The contracting officer shall review the written statement of

facts for a determination of approval of all actions valued at $2,500

or less. For actions greater than $2,500, the contracting officer shall

forward the written statement of facts to the Competition Advocate

through the Director, Division of Contracts and Property Management

with any comments or information that should be considered in

evaluating the request for ratification.

(3) The NRC legal advisor may be asked for an opinion, advice, or

concurrence if there is concern regarding the propriety of the funding

source, appropriateness of the expense, or when some other legal issue

is involved.

2001.603 Selection, appointment, and termination of appointment.

The Director, Division of Contracts and Property Management, is

authorized by the Director, Office of Administration, to select and

appoint contracting officers and to terminate their appointment as

prescribed in FAR 1.603. Delegations of contracting officer authority

are issued by memorandum which includes a clear statement of the

delegated authority, including responsibilities and limitations in

addition to the ``Certificate of Appointment'', SF 1402. The Director,

Division of Contracts and Property Management, may delegate micro-

purchase authority in accordance with agency procedures. Such

delegation may be accomplished by written memorandum. (ref. FAR 1.603-

3(b))

PART 2002--DEFINITIONS

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841, and 41 U.S.C. 418(b).

[[Page 67731]]

Subpart 2002.1--Definitions

2002.100 Definitions.

Agency means the Nuclear Regulatory Commission (NRC).

Agency Head or Head of the Agency means the NRC Executive Director

for Operations, for the purposes specified in this chapter and the FAR.

This delegation does not extend to internal NRC requirements such as

clearance levels and Commission papers which specify higher levels of

authority.

Commission means the NRC Commission of five members, or a quorum

thereof, sitting as a body, as provided by Section 201 of the Energy

Reorganization Act of 1974 (42 U.S.C. 5841).

Competition Advocate means the individual appointed as such by the

Agency Head as required by Pub. L.

98-369. The Director, Office of Administration, has been appointed the

Competition Advocate for the NRC.

Head of the Contracting Activity means the Director, Division of

Contracts and Property Management.

Senior Procurement Executive means the individual appointed as such

by the Agency Head pursuant to Executive Order 12352. The Deputy

Executive Director for Management Services, has been appointed the NRC

Senior Procurement Executive.

Simplified acquisitions means those acquisition conducted using the

methods, policies and procedures of FAR Part 13 for making purchases of

supplies or services.

Task and Delivery Order Ombudsman means the Director, Office of

Administration, or designee pursuant to Section 1004(a) of Pub. L. 103-

355, the Federal Acquisition Streamlining Act.

PART 2003--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST

Subpart 2003.1--Safeguards

Sec.

2003.101-3 Agency regulations.

Subpart 2003.2--Contractor Gratuities to Government Personnel

Sec.

2003.203 Reporting of suspected violation of the gratuities clause.

Authority: 42 U.S.C. 2201; Sec. 201, 88 Stat. 1242, as amended; 42

U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2003.1--Safeguards

2003.101-3 Agency regulations.

Standards of conduct for federal employees are published in 5 CFR

Parts 2635 and 5801. Requirements for financial disclosure are

published in 5 CFR Part 2634.

Subpart 2003.2--Contractor Gratuities to Government Personnel

2003.203 Reporting suspected violations of the gratuities clause.

(a) Suspected violations of the ``Gratuities'' clause, FAR

52.203.3, must be reported orally or in writing directly to the NRC

Office of the Inspector General. A report must include all facts and

circumstances related to the case. Refer to 5 CFR 2635 for an

explanation regarding what is prohibited and what is permitted.

(b) When appropriate, discussions with the contracting officer or a

higher procurement official, procurement policy staff, and the

procurement legal advisor prior to filing a report are encouraged.

PART 2004--ADMINISTRATIVE MATTERS

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 481(b).

Subpart 2004.4--Safeguarding Classified Information Within Industry

2004.404 Contract clauses.

(a) The contracting officer shall insert the clause at

Sec. 2052.204-70 Security, in all solicitations and contracts under

which the contractor may have access to, or contact with, classified

information, including National Security information, restricted data,

formerly restricted data, and other classified data.

(b) The contracting officer shall insert the clause Sec. 2052.204-

71 Site Access Badge Requirements, in all solicitations and contracts

under which the contractor will require access to Government

facilities. The clause may be altered to reflect any special conditions

to be applied to foreign nationals.

SUBCHAPTER B--COMPETITION AND ACQUISITION PLANNING

Part 2005--PUBLICIZING CONTRACT ACTIONS

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);

Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Pub. L. 93-

400, 88 Stat. 796, as amended by Pub. L. 96-83, 93 Stat. 648, Pub.

L. 98-577, 98 Stat. 3074 (41 U.S.C. 401 et seq.).

Subpart 2005.5--Paid Advertisements

2005.502 Authority.

Before placing paid advertisements in newspapers and trade journals

to publicize contract actions, written authority must be obtained from

the Director, Division of Contracts and Property Management, for

Headquarters activities, or the Director, Division of Resource

Management and Administration, within each regional office for a

regional procurement.

Part 2009--CONTRACTOR QUALIFICATIONS

Subpart 2009.1--Responsible Prospective Contractors

Sec.

2009.100 NRC policy.

2009.105-70 Contract provisions.

Subpart 2009.4--Debarment, Suspension, and Ineligibility

Sec.

2009.403 Definitions.

2009.404 Consolidated lists of parties excluded from Federal

procurement or non-procurement programs.

2009.405 Effect of listing.

2009.405-1 Continuation of current contracts.

2009.405-2 Restrictions on subcontracting.

2009.406 Debarment.

2009.406-3 Procedures.

2009.407 Suspension.

2009.407-3 Procedures.

2009-470 Appeals.

Subpart 2009.5--Organizational Conflicts of Interest

Sec.

2009.500 Scope of subpart.

2009.570 NRC organizational conflicts of interest.

2009.570-1 Scope of policy.

2009.570-2 Definitions.

2009.570-3 Criteria for recognizing contractor organizational

conflicts of interest.

2009.570-4 Representation.

2009.570-5 Contract clauses.

2009.570-6 Evaluation, findings, and contract award.

2009.570-7 Conflicts identified after award.

2009.570-8 Subcontracts.

2009.570-9 Waiver.

2009.570-10 Remedies.

Authority: 42 U.S.C. 2201; Sec 201, 88 Stat. 1242; as amended;

42 U.S.C. 5841; and 41 U.S.C 418(b).

Subpart 2009.1--Responsible Prospective Contractors

2009.100 NRC policy.

(a) It is NRC policy that only competitively awarded contracts

shall be placed with an individual who was employed by the NRC within

two years from the date of the Request for Procurement Action. This

policy also pertains to any firm in which the former NRC employee is a

partner, principal officer, majority stockholder, principal

investigator, project manager, principal under the contract, a person

who performs more than a nominal amount of the work under the NRC

Statement of Work, or the firm is otherwise controlled or predominately

staffed by former NRC employees.

[[Page 67732]]

(b) The following procurement actions are considered noncompetitive

for the purposes of this policy:

(1) Contracts awarded noncompetitively under the Small Business

Administration's 8(a) Program;

(2) Individual task orders if the former employee was not

identified as ``key personnel'' in a proposal which was evaluated under

competitive procedures;

(3) Unsolicited proposals;

(4) Subcontracts that require review for the purpose of granting

consent under NRC prime contracts.

(c) The term NRC employee includes special Government employees

performing services for NRC as experts, advisors, consultants, or

members of advisory committees, if--

(1) The contract arises directly out of the individual's activity

as a special employee;

(2) The individual is in a position to influence the award of the

contract; or

(3) The Contracting Officer determines that another conflict of

interest exists.

(d) A justification explaining why it is in the best interest of

the Government to contract with an individual or firm described in

paragraphs (a) and (b) of this section on a noncompetitive basis may be

approved by the Senior Procurement Executive after consulting with the

Executive Director for Operations. This is in addition to any

justification and approvals which may be required by the FAR for use of

other than full and open competition.

(e) Nothing in this policy statement shall be construed as

relieving former employees from obligations prescribed by law, such as

18 U.S.C. 207, Restrictions on Former Officers, Employees, and Elected

Officials of the Executive and Legislative Branches.

2009.105-70 Contract provisions.

The contracting officer shall insert the following provisions in

all solicitations:

(a) Section 2052.209-70 Current/Former Agency Employee Involvement.

Subpart 2009.4--Debarment, Suspension, and Ineligibility

2009.403 Definitions.

As used in 2009.4:

Debarring official means the Senior Procurement Executive.

Suspending official means the Senior Procurement Executive.

2009.404 Consolidated list of parties excluded from Federal

procurement or non-procurement programs.

The contracting officer responsible for the contract affected by

the debarment or suspension shall perform the actions required by FAR

9.404(c)(1)-(6).

2009.405 Effect of listing.

Compelling reasons are considered to be present where failure to

contract with the debarred or suspended contractor would seriously harm

the agency's programs and prevent accomplishment of mission

requirements. The Senior Procurement Executive is authorized to make

the determinations under FAR 9.405. Requests for these determinations

must be submitted from the Head of the Contracting Activity, through

the Director, Office of Administration, to the Senior Procurement

Executive.

2009.405-1 Continuation of current contracts.

The Head of the Contracting Activity is authorized to make the

determination to continue contracts or subcontracts in existence at the

time the contractor was debarred, suspended, or proposed for debarment

in accordance with FAR 9.405-1.

2009.405-2 Restrictions on subcontracting.

The Head of the Contracting Activity is authorized to approve

subcontracts with debarred or suspended subcontractors under FAR 9.405-

2.

2009.406 Debarment.

2009.406-3 Procedures.

(a) Investigation and referral. When a contracting officer becomes

aware of possible irregularities or any information which may be

sufficient cause for debarment, the case must be referred from the Head

of the Contracting Activity, through the Director, Office of

Administration, to the Senior Procurement Executive immediately. The

case must be accompanied by a complete statement of the facts

(including a copy of any criminal indictments, if applicable) along

with a recommendation for action. Where the statement of facts

indicates the irregularities to be possible criminal offenses, or for

any other reason further investigation is considered necessary, the

matter must first be referred to the Head of the Contracting Activity

who will consult with the Office of the Inspector General to determine

if further investigation is required prior to referring to the

debarring official.

(b) Decision-making process. If, after reviewing the

recommendations and consulting with the Office of the General Counsel

and, if appropriate, the Office of the Inspector General, the debarring

official determines debarment is justified, the debarring official

shall initiate the proposed debarment in accordance with FAR 9.406-3(c)

and notify the Head of the Contracting Activity of the action taken. If

the contractor fails to submit a timely written response within 30 days

after receipt of the notice in accordance with FAR 9.406-3(c)(4), the

debarring official may notify the contractor in accordance with FAR

9.406-3(d) that the contractor is debarred.

(c) Fact-finding proceedings. For actions listed under FAR 9.406-

3(b)(2), the contractor shall be given the opportunity to appear at an

informal hearing. The hearing should be held at a location and time

that is convenient to the parties concerned, and no later than 30 days

after the contractor received the notice, if at all possible. The

contractor and any specifically named affiliates may be represented by

counsel or any duly authorized representative. Witnesses may be called

by either party. The proceedings must be conducted expeditiously and in

such a manner that each party will have an opportunity to present all

information considered pertinent to the proposed debarment.

2009.407 Suspension.

2009.407-3 Procedures.

(a) Investigation and referral. When a contracting officer becomes

aware of possible irregularities or any information which may be

sufficient cause for suspension, the case must be referred from the

Head of the Contracting Activity, through the Director, Office of

Administration, to the Senior Procurement Executive immediately. The

case must be accompanied by a complete statement of the facts along

with a recommendation for action. Where the statement of facts

indicates the irregularities to be possible criminal offenses, or for

any other reason further investigation is considered necessary, the

matter must first be referred to the Head of the Contracting Activity

who will consult with the Office of the Inspector General to determine

if further investigation is required prior to referring the matter to

the suspending official.

(b) Decision-making process. If, after reviewing the

recommendations and consulting with the Office of the General Counsel,

and if appropriate, the Office of the Inspector General, the suspending

official determines suspension is justified, the suspending official

shall initiate the proposed suspension in accordance with FAR 9.407-

3(b)(2). The contractor shall be given the opportunity to appear at an

informal hearing, similar in nature to the hearing for debarments as

discussed in FAR 9.406-3(b)(2). If the contractor fails to submit a

timely written response within 30 days after receipt of the notice in

accordance with FAR 9.407-3(c)(5),

[[Page 67733]]

the suspending official may notify the contractor in accordance with

FAR 9.407-3(d) that the contractor is suspended.

2009.470 Appeals.

A debarred or suspended contractor may appeal the debarring/

suspending official's decision by mailing or otherwise furnishing a

written notice within 90 days from the date of the decision to the

Executive Director for Operations. A copy of the notice of appeal must

be furnished to the debarring/suspending official.

Subpart 2009.5--Organizational Conflicts of Interest

2009.500 Scope of subpart.

In accordance with 42 U.S.C. 2210a., NRC acquisitions are processed

in accordance with 2009.570, which takes precedence over FAR 9.5 with

respect to organizational conflicts of interest. Where non-conflicting

guidance appears in FAR 9.5, that guidance must be followed.

2009.570 NRC organizational conflicts of interest.

2009.570-1 Scope of policy.

(a) It is the policy of NRC to avoid, eliminate, or neutralize

contractor organizational conflicts of interest. The NRC achieves this

objective by requiring all prospective contractors to submit

information describing relationships, if any, with organizations or

persons (including those regulated by the NRC) which may give rise to

actual or potential conflicts of interest in the event of contract

award.

(b) Contractor conflict of interest determinations cannot be made

automatically or routinely. The application of sound judgment on

virtually a case-by-case basis is necessary if the policy is to be

applied to satisfy the overall public interest. It is not possible to

prescribe in advance a specific method or set of criteria which would

serve to identify and resolve all of the contractor conflict of

interest situations that might arise. However, examples are provided in

this chapter to guide application of this policy guidance. The ultimate

test is as follows: Might the contractor, if awarded the contract, be

placed in a position where its judgment may be biased, or where it may

have an unfair competitive advantage?

(c) The conflict of interest rule contained in this subpart applies

to contractors and offerors only. Individuals or firms who have other

relationships with the NRC (e.g., parties to a licensing proceeding)

are not covered by this regulation. This rule does not apply to the

acquisition of consulting services through the personnel appointment

process, NRC agreements with other Government agencies, international

organizations, or state, local, or foreign Governments. Separate

procedures for avoiding conflicts of interest will be employed in these

agreements, as appropriate.

2009.570-2 Definitions.

Affiliates means business concerns which are affiliates of each

other when either directly or indirectly one concern or individual

controls or has the power to control another, or when a third party

controls or has the power to control both.

Contract means any contractual agreement or other arrangement with

the NRC except as provided in Sec. 2009.570-1(c).

Contractor means any person, firm, unincorporated association,

joint venture, co-sponsor, partnership, corporation, affiliates

thereof, or their successors in interest, including their chief

executives, directors, key personnel (identified in the contract),

proposed consultants or subcontractors, which are a party to a contract

with the NRC.

Evaluation activities means any effort involving the appraisal of a

technology, process, product, or policy.

Offeror or prospective contractor means any person, firm,

unincorporated association, joint venture, co-sponsor, partnership,

corporation, or their affiliates or successors in interest, including

their chief executives, directors, key personnel, proposed consultants,

or subcontractors, submitting a bid or proposal, solicited or

unsolicited, to the NRC to obtain a contract.

Organizational conflicts of interest means that a relationship

exists whereby a contractor or prospective contractor has present or

planned interests related to the work to be performed under an NRC

contract which:

(1) May diminish its capacity to give impartial, technically sound,

objective assistance and advice, or may otherwise result in a biased

work product; or

(2) May result in its being given an unfair competitive advantage.

Potential conflict of interest means that a factual situation

exists that suggests that an actual conflict of interest may arise from

award of a proposed contract. The term potential conflict of interest

is used to signify those situations that--

(1) Merit investigation before contract award to ascertain whether

award would give rise to an actual conflict; or

(2) Must be reported to the contracting officer for investigation

if they arise during contract performance.

Research means any scientific or technical work involving

theoretical analysis, exploration, or experimentation.

Subcontractor means any subcontractor of any tier who performs work

under a contract with the NRC except subcontracts for supplies and

subcontracts in amounts not exceeding $10,000.

Technical consulting and management support services means internal

assistance to a component of the NRC in the formulation or

administration of its programs, projects, or policies which normally

require that the contractor be given access to proprietary information

or to information that has not been made available to the public. These

services typically include assistance in the preparation of program

plans, preliminary designs, specifications, or statements of work.

2009.570-3 Criteria for recognizing contractor organizational

conflicts of interest.

(a) General. (1) Two questions will be asked in determining whether

actual or potential organizational conflicts of interest exist:

(i) Are there conflicting roles which might bias an offeror's or

contractor's judgment in relation to its work for the NRC?

(ii) May the offeror or contractor be given an unfair competitive

advantage based on the performance of the contract?

(2) NRC's ultimate determination that organizational conflicts of

interest exist will be made in light of common sense and good business

judgment based upon the relevant facts. While it is difficult to

identify and to prescribe in advance a specific method for avoiding all

of the various situations or relationships that might involve potential

organizational conflicts of interest, NRC personnel will pay particular

attention to proposed contractual requirements that call for the

rendering of advice, consultation or evaluation activities, or similar

activities that directly lay the groundwork for the NRC's decisions on

regulatory activities, future procurements, and research programs. Any

work performed at an applicant or licensee site will also be closely

scrutinized by the NRC staff.

(b) Situations or relationships. The following situations or

relationships

[[Page 67734]]

may give rise to organizational conflicts of interest:

(1) The offeror or contractor shall disclose information, that may

give rise to organizational conflicts of interest under the following

circumstances. The information may include the scope of work or

specification for the requirement, being performed, the period of

performance, and the name and telephone number for a point of contact

at the organization knowledgeable about the commercial contract.

(i) Where the offeror or contractor provides advice and

recommendations to the NRC in the same technical area where it is also

providing consulting assistance to any organization regulated by the

NRC.

(ii) Where the offeror or contractor provides advice to the NRC on

the same or similar matter on which it is also providing assistance to

any organization regulated by the NRC.

(iii) Where the offeror or contractor evaluates its own products or

services, or has been substantially involved in the development or

marketing of the products or services of another entity.

(iv) Where the award of a contract would result in placing the

offeror or contractor in a conflicting role in which its judgment may

be biased in relation to its work for the NRC, or would result in an

unfair competitive advantage for the offeror or contractor.

(v) Where the offeror or contractor solicits or performs work at an

applicant or licensee site while performing work in the same technical

area for the NRC at the same site.

(2) The contracting officer may request specific information from

an offeror or contractor or may require special contract clauses such

as provided in Sec. 2009.570-5(b) in the following circumstances:

(i) Where the offeror or contractor prepares specifications that

are to be used in competitive procurements of products or services

covered by the specifications.

(ii) Where the offeror or contractor prepares plans for specific

approaches or methodologies that are to be incorporated into

competitive procurements using the approaches or methodologies.

(iii) Where the offeror or contractor is granted access to

information not available to the public concerning NRC plans, policies,

or programs that could form the basis for a later procurement action.

(iv) Where the offeror or contractor is granted access to

proprietary information of its competitors.

(v) Where the award of a contract might result in placing the

offeror or contractor in a conflicting role in which its judgment may

be biased in relation to its work for the NRC or might result in an

unfair competitive advantage for the offeror or contractor.

(c) Policy application guidance. The following examples are

illustrative only and are not intended to identify and resolve all

contractor organizational conflict of interest situations.

(1)(i) Example. The ABC Corp., in response to a Request For

Proposal (RFP), proposes to undertake certain analyses of a reactor

component as called for in the RFP. The ABC Corp. is one of several

companies considered to be technically well qualified. In response to

the inquiry in the RFP, the ABC Corp. advises that it is currently

performing similar analyses for the reactor manufacturer.

(ii) Guidance. An NRC contract for that particular work normally

would not be awarded to the ABC Corp. because the company would be

placed in a position in which its judgment could be biased in

relationship to its work for the NRC. Because there are other well-

qualified companies available, there would be no reason for considering

a waiver of the policy.

(2)(i) Example. The ABC Corp., in response to an RFP, proposes to

perform certain analyses of a reactor component that is unique to one

type of advanced reactor. As is the case with other technically

qualified companies responding to the RFP, the ABC Corp. is performing

various projects for several different utility clients. None of the ABC

Corp. projects have any relationship to the work called for in the RFP.

Based on the NRC evaluation, the ABC Corp. is considered to be the best

qualified company to perform the work outlined in the RFP.

(ii) Guidance. An NRC contract normally could be awarded to the ABC

Corp. because no conflict of interest exists which could motivate bias

with respect to the work. An appropriate clause would be included in

the contract to preclude the ABC Corp. from subsequently contracting

for work with the private sector that could create a conflict during

the performance of the NRC contract. For example, ABC Corp. would be

precluded from the performance of similar work for the company

developing the advanced reactor mentioned in the example.

(3)(i) Example. The ABC Corp., in response to a competitive RFP,

submits a proposal to assist the NRC in revising NRC's guidance

documents on the respiratory protection requirements of 10 CFR Part 20.

ABC Corp. is the only firm determined to be technically acceptable. ABC

Corp. has performed substantial work for regulated utilities in the

past and is expected to continue similar efforts in the future. The

work has and will cover the writing, implementation, and administration

of compliance respiratory protection programs for nuclear power plants.

(ii) Guidance. This situation would place the firm in a role where

its judgment could be biased in relationship to its work for the NRC.

Because the nature of the required work is vitally important in terms

of the NRC's responsibilities and no reasonable alternative exists, a

waiver of the policy, in accordance with 2009.570-9 may be warranted.

Any waiver must be fully documented in accordance with the waiver

provisions of this policy with particular attention to the

establishment of protective mechanisms to guard against bias.

(4)(i) Example. The ABC Corp. submits a proposal for a new system

to evaluate a specific reactor component's performance for the purpose

of developing standards that are important to the NRC program. The ABC

Corp. has advised the NRC that it intends to sell the new system to

industry once its practicability has been demonstrated. Other companies

in this business are using older systems for evaluation of the specific

reactor component.

(ii) Guidance. A contract could be awarded to the ABC Corp. if the

contract stipulates that no information produced under the contract

will be used in the contractor's private activities unless this

information has been reported to the NRC. Data on how the reactor

component performs, which is reported to the NRC by contractors, will

normally be disseminated by the NRC to others to preclude an unfair

competitive advantage. When the NRC furnishes information about the

reactor component to the contractor for the performance of contracted

work, the information may not be used in the contractor's private

activities unless the information is generally available to others.

Further, the contract will stipulate that the contractor will inform

the NRC contracting officer of all situations in which the information,

developed about the performance of the reactor component under the

contract, is proposed to be used.

(5)(i) Example. The ABC Corp., in response to a RFP, proposes to

assemble a map showing certain seismological features of the

Appalachian fold belt. In accordance with the representation in the RFP

and 2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently

doing seismological studies

[[Page 67735]]

for several utilities in the eastern United States, but none of the

sites are within the geographic area contemplated by the NRC study.

(ii) Guidance. The contracting officer would normally conclude that

award of a contract would not place ABC Corp. in a conflicting role

where its judgment might be biased. Section 2052.209-72(c) Work for

Others, would preclude ABC Corp. from accepting work which could create

a conflict of interest during the term of the NRC contract.

(6)(i) Example. AD Division of ABC Corp., in response to a RFP,

submits a proposal to assist the NRC in the safety and environmental

review of applications for licenses for the construction, operation,

and decommissioning of fuel cycle facilities. ABC Corp. is divided into

two separate and distinct divisions, AD and BC. The BC Division

performs the same or similar services for industry. The BC Division is

currently pro viding the same or similar services required under the

NRC's contract for an applicant or licensee.

(ii) Guidance. An NRC contract for that particular work would not

be awarded to the ABC Corp. The AD Division could be placed in a

position to pass judgment on work performed by the BC Division, which

could bias its work for NRC. Further, the Conflict of Interest

provisions apply to ABC Corp. and not to separate or distinct divisions

within the company. If no reasonable alternative exists, a waiver of

the policy could be sought in accordance with 2009.570-9.

(7)(i) Example. The ABC Corp. completes an analysis for NRC of

steam generator tube leaks at one of a utility's six sites. Three

months later, ABC Corp. is asked by this utility to perform the same

analysis at another of its sites.

(ii) Guidance. Section 2052.290-72(c)(3) would prohibit the

contractor from beginning this work for the utility until one year

after completion of the NRC work at the first site.

(8)(i) Example. ABC Corp. is assisting NRC in a major on-site

analysis of a utility's redesign of the common areas between its twin

reactors. The contract is for two years with an estimated value of $5

million. Near the completion of the NRC work, ABC Corp. requests

authority to solicit for a $100K contract with the same utility to

trans port spent fuel to a disposal site. ABC Corp. is performing no

other work for the utility.

(ii) Guidance. The Contracting Officer would allow the contractor

to proceed with the solicitation because it is not in the same

technical area as the NRC work; and the potential for technical bias by

the contractor because of financial ties to the utility is slight due

to the relative value of the two contracts.

(9)(i) Example. The ABC Corp. is constructing a turbine building

and installing new turbines at a reactor site. The contract with the

utility is for five years and has a total value of $100 million. ABC

Corp. has responded to an NRC Request For Proposal requiring the

contractor to participate in a major team inspection unrelated to the

turbine work at the same site. The estimated value of the contract is

$75K.

(ii) Guidance. An NRC contract would not normally be awarded to ABC

Corp. since these factors create the potential for financial loyalty to

the utility that may bias the technical judgment of the contractor.

(d) Other considerations. (1) The fact that the NRC can identify

and later avoid, eliminate, or neutralize any potential organizational

conflicts arising from the performance of a contract is not relevant to

a determination of the existence of conflicts prior to the award of a

contract.

(2) It is not relevant that the contractor has the professional

reputation of being able to resist temptations which arise from

organizational conflicts of interest, or that a follow-on procurement

is not involved, or that a contract is awarded on a competitive or a

sole source basis.

2009.570-4 Representation.

(a) The following procedures are designed to assist the NRC

contracting officer in determining whether situations or relationships

exist which may constitute organizational conflicts of interest with

respect to a particular offeror or contractor. The procedures apply to

small purchases meeting the criteria stated in the following paragraph

(b) of this section.

(b) The organizational conflicts of interest representation

provision at 2052.209-71 must be included in solicitations and

contracts resulting from unsolicited proposals. The contracting officer

must also include this provision for task orders and contract

modifications for new work for:

(1) Evaluation services or activities;

(2) Technical consulting and management support services;

(3) Research; and

(4) Other contractual situations where special organizational

conflicts of interest provisions are noted in the solicitation and

would be included in the resulting contract. This representation

requirement also applies to all modifications for additional effort

under the contract except those issued under the ``Changes'' clause.

Where, however, a statement of the type required by the organizational

conflicts of interest representation provisions has previously been

submitted with regard to the contract being modified, only an updating

of the statement is required.

(c) The offeror may, because of actual or potential organizational

conflicts of interest, propose to exclude specific kinds of work

contained in a RFP unless the RFP specifically prohibits the exclusion.

Any such proposed exclusion by an offeror will be considered by the NRC

in the evaluation of proposals. If the NRC considers the proposed

excluded work to be an essential or integral part of the required work

and its exclusion would be to the detriment of the competitive posture

of the other offerors, the NRC shall reject the proposal as

unacceptable.

(d) The offeror's failure to execute the representation required by

paragraph (b) of this section with respect to an invitation for bids is

considered to be a minor informality. The offeror will be permitted to

correct the omission.

2009.570-5 Contract clauses.

(a) General contract clause. All contracts and simplified

acquisitions of the types set forth in 2009.570-4(b) must include the

clause entitled, ``Contractor Organizational Conflicts of Interest,''

set forth in 2052.209-72.

(b) Other special contract clauses. If it is determined from the

nature of the proposed contract that an organizational conflict of

interest exists, the contracting officer may determine that the

conflict can be avoided, or, after obtaining a waiver in accordance

with 2009.570-9, neutralized through the use of an appropriate special

contract clause. If appropriate, the offeror may negotiate the terms

and conditions of these clauses, including the extent and time period

of any restriction. These clauses include but are not limited to:

(1) Hardware exclusion clauses which prohibit the acceptance of

production contracts following a related non-production contract

previously performed by the contractor;

(2) Software exclusion clauses;

(3) Clauses which require the contractor (and certain of its key

personnel) to avoid certain organizational conflicts of interest; and

(4) Clauses which provide for protection of confidential data and

guard against its unauthorized use.

2009.570-6 Evaluation, findings, and contract award.

The contracting officer shall evaluate all relevant facts submitted

by an offeror and other relevant information. After evaluating this

information against the

[[Page 67736]]

criteria of 2009.570-3, the contracting officer shall make a finding of

whether organizational conflicts of interest exist with respect to a

particular offeror. If it has been determined that real or potential

conflicts of interest exist, the contracting officer shall:

(a) Disqualify the offeror from award;

(b) Avoid or eliminate such conflicts by appropriate measures; or

(c) Award the contract under the waiver provision of 2009.570-9.

2009.570-7 Conflicts identified after award.

If potential organizational conflicts of interest are identified

after award with respect to a particular contractor, and the

contracting officer determines that conflicts do exist and that it

would not be in the best interest of the Government to terminate the

contract, as provided in the clauses required by 2009.570-5, the

contracting officer shall take every reasonable action to avoid,

eliminate, or, after obtaining a waiver in accordance with 2009.570-9,

neutralize the effects of the identified conflict.

2009.570-8 Subcontracts.

The contracting officer shall require offerors and contractors to

submit a representation statement from all subcontractors (other than a

supply subcontractor) and consultants performing services in excess of

$10,000 in accordance with 2009.570-4(b). The contracting officer shall

require the contractor to include contract clauses in accordance with

2009.570-5 in consultant agreements or subcontracts involving

performance of work under a prime contract.

2009.570-9 Waiver.

(a) The contracting officer determines the need to seek a waiver

for specific contract awards, with the advice and concurrence of the

program office director and legal counsel. Upon the recommendation of

the Senior Procurement Executive, and after consultation with legal

counsel, the Executive Director for Operations may waive the policy in

specific cases if he determines that it is in the best interest of the

United States to do so.

(b) Waiver action is strictly limited to those situations in which:

(1) The work to be performed under contract is vital to the NRC

program.

(2) The work cannot be satisfactorily performed except by a

contractor whose interests give rise to a question of conflict of

interest.

(3) Contractual and/or technical review and surveillance methods

can be employed by the NRC to neutralize the conflict.

(c) For any waivers, the justification and approval documents must

be placed in the NRC Public Document Room.

2009.570-10 Remedies.

In addition to other remedies permitted by law or contract for a

breach of the restrictions in this subpart or for any intentional

misrepresentation or intentional nondisclosure of any relevant interest

required to be provided for this section, the NRC may debar the

contractor from subsequent NRC contracts.

PART 2011--DESCRIBING AGENCY NEEDS

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2011.4--Delivery or Performance Schedules--Contract Clauses

2011.104-70 NRC Clauses.

(a) The contracting officer shall insert the clause at 2052.211-70

Preparation of Technical Reports, when deliverables include a technical

report.

(b) The contracting officer shall insert the clause at 2052.211-71

Technical Progress Report, in all solicitations and contracts except--

(1) Firm fixed price; or

(2) Indefinite-delivery contracts to be awarded on a time-and-

materials or labor-hour basis, or which provide for issuance of

delivery orders for specific products/services (line items).

(c) The contracting officer shall insert the clause at 2052.211-72

Financial Status Report, in applicable cost reimbursement solicitations

and contracts when detailed assessment of costs is warranted and a

Contractor Spending Plan is required; use the clause at 2052.2211-72

Financial Status Report--Alternate 1 when no Contractor Spending Plan

is required.

(d) The contracting officer may alter clauses 2052.211-70,

2052.211-71, and 2052.211-72 Alternate 1 prior to issuance of the

solicitation or during competition by solicitation amendment. Reporting

requirements should be set at a meaningful and productive frequency.

Insignificant changes may also be made by the contracting officer on a

case-by-case basis during negotiations, without solicitation amendment.

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 2013--SIMPLIFIED ACQUISITION PROCEDURES [RESERVED]

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

PART 2014--SEALED BIDDING

Subpart 2014.2--Solicitation of Bids

Sec.

2014.201 Preparation of invitation for bids.

2014.201-670 Solicitation provisions.

Subpart 2014.4--Opening of Bids and Award of Contract

2014.407 Mistakes in bids.

2014.407-3 Other mistakes disclosed before award.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2014.2--Solicitation of Bids

2014.201 Preparation of invitation for bids.

2014.201-670 Solicitation provisions.

(a) The contracting officer may insert the provision at 2052.214-

70, Prebid Conference, in Invitations for Bids (IFB) where there will

be a prebid conference. This provision may be altered by the

contracting officer to fit the circumstances of the procurement.

(b) The contracting officer may insert in IFBs the provision at

2052.214-71, Bidder Qualifications and Past Experience on an optional

basis to fit the circumstances of the requirement;

(c) The contracting officer shall insert the provision at 2052.214-

72 Bid Evaluation in all IFBs. Paragraph (f) of this provision is

optional.

(d) The contracting officer shall insert the provision of 2052.214-

73 Timely Receipt of Bids in all IFBs.

(e) The contracting officer shall insert the provision at 2052.214-

74 Disposition of Bids in all IFBs.

Subpart 2014.4--Opening of Bids and Award of Contract

2014.407 Mistakes in bids.

2014.407-3 Other mistakes disclosed before award.

The Director, Division of Contracts and Property Management, is

delegated the authority to make the determinations concerning mistakes

in bids, including those with obvious clerical errors, discovered prior

to award. These determinations will be concurred in by legal counsel

prior to notification of the bidder.

2014.407-4 Mistakes after award.

The cognizant contracting officer is delegated the authority to

make determinations concerning mistakes disclosed after award in

accordance with FAR 14.407-4. These determinations will be concurred in

by legal counsel prior to notification of the contractor.

[[Page 67737]]

PART 2015--CONTRACTING BY NEGOTIATION

Subpart 2015.2--Solicitation and Receipt of Proposals and Information

Sec.

2015.209-70 Solicitation provisions and contract clause

Subpart 2015.3--Source Selection

2015.300 Scope of part.

2015.303 Responsibilities.

2015.304 Evaluation factors.

2015.305 Proposal evaluation.

Subpart 2015.6--Unsolicited Proposals

2015.606 Agency procedures.

2015.606-1 Receipt and initial review.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Supart 2015.2--Solicitation and Receipt of Proposals and

Information

2015.209-70 Solicitation provisions and contract clauses.

(a) The contracting officer shall insert in solicitations and

contracts the following clauses as applicable to the requirement:

(1) Section 2052.215-70, Key Personnel in applicable solicitations

and contracts;

(2)(i) Section 2052.215-71, Project Officer Authority in applicable

solicitations and contracts for cost-reimbursement, cost-plus-fixed-

fee, cost-plus-award-fee, cost sharing, labor-hour or time-and-

materials, including task order contracts. This clause and the

following Alternate clauses are intended for experienced, trained

project officers, and may be altered to delete duties where

appropriate:

(ii) Section 2052.215-71 Alternate 1. For solicitations for

issuance of delivery orders for specific products/services;

(iii) Section 2052.215-71 Alternate 2. For solicitations for firm

fixed price contracts, with paragraph (b)(1) of Alternate 1 deleted and

the remainder of the clause renumbered.

(3) The contracting officer shall insert the provision at 2052.215-

72, Timely Receipt of Proposals in all solicitations;

(4) The contracting officer shall insert the provision at 2052.215-

73, Award Notification and Commitment of Public Funds in all

solicitations; and

(5) The contracting officer shall insert the provision at 2052.215-

74, Disposition of Proposals in all solicitations.

(b) The contracting officer may insert in all solicitations the

following provisions as applicable. These provisions may be altered to

fit the circumstances of the requirement. These provisions shall be

tailored to assure that all sections of the instructions for the

Technical and Management Proposal, or Oral Presentation and Supporting

Documentation, reflect a one-to-one relationship to the evaluation

criteria:

(1) Section 2052.215-75, Proposal Presentation and Format for

negotiated procurements for cost type contracts;

(2) Section 2052.215-75 Alternate 1 may be used for all

solicitations for negotiated task order contracts;

(3) Section 2015.215-75 Alternate 2 may be used for all

solicitations for negotiated fixed price, labor hour, or time and

materials contracts:

(c) The contracting officer shall insert the provision at 2052.215-

76, PreProposal Conference, in solicitations which include a

PreProposal conference. This provision may be altered to fit the

circumstances of the requirement.

(d) The contracting officer shall insert the following clauses in

solicitations and contracts as applicable:

(1) Section 2052.215-77, Travel Approvals and Reimbursement, shall

be inserted in cost reimbursement solicitations and contracts which

require travel but do not set a specific ceiling amount on that travel.

Note that requests for foreign travel must be submitted to the NRC 30

days in advance of the travel date.

(2) Section 2052.215-78, Travel Approvals and Reimbursement--

Alternate 1, shall be inserted in cost reimbursement solicitations and

contracts which include a ceiling amount on travel. Note that requests

for foreign travel must be submitted to the NRC 30 days in advance of

the travel.

(e) The contracting officer shall include the following provisions

in all solicitations for competitive procurements to describe the

relationship of technical considerations to cost considerations. The

contracting officer may make appropriate changes to these provisions to

accurately reflect other evaluation procedures, such as evaluation of

proposals against mandatory criteria and bench marking criteria for

Information Technology (IT) procurements:

(1) Section 2052.215-79 Contract Award and Evaluation of Proposals,

shall be included in all solicitations where technical merit is more

important than cost,

(2) Section 2052.215-79 Alternate 1 shall be included when

proposals are to be evaluated on a lowest price, technically acceptable

basis.

(3) Section 2052.215-79 Alternate 2 shall be included where cost

and technical merit are of equal significance.

Subpart 2015.3--Source Selection Processes and Techniques

2015.300 Scope of subpart.

This subpart applies to all contracts awarded on a competitive

basis in accordance with FAR Part 15. This subpart does not apply to

contracts awarded on a non-competitive basis to the Small Business

Administration under Section 8(a) of the Small Business Act.

2015.303 Responsibilities.

(a) The source selection authority is the contracting officer. The

contracting officer, acting as the source selection authority, shall

select an offer for award based upon review of the Source Evaluation

Panel's recommendation as contained in the reports described in

paragraph (c) of this section.

(b) Any cancellation of solicitations and subsequent rejection of

all proposals must be approved by the Head of the Contracting Activity.

(c) For all proposed contracts with total estimated values in

excess of the simplified acquisition threshold and expected to result

from competitive technical and price/cost negotiations, the cooperative

review efforts of technical, contracting, and other administrative

personnel are formalized through establishment of a Source Evaluation

Panel. A single technical member may be appointed to the Source

Evaluation Panel to evaluate proposals with the contracting officer's

approval. In such instances, the Designating Official may appoint

technical advisors (non-voting members) to assist the single technical

member. Except in unusual cases, the Source Evaluation Panel should not

exceed five members including the Chairperson. The Source Evaluation

Panel's proposal evaluation report(s) may include a Competitive Range

Report and a Final Evaluation Report (to be used when award will be

made after conducting discussions), or a Recommendation for Award

Report (to be used when award will be made without discussions).

(d) The Designating Official (Office Director or designee) is

responsible for appointing a Source Evaluation Panel to evaluate

competitive technical proposals in accordance with the solicitation

technical criteria. The Designating Official is also responsible for

conducting an independent review and evaluation of the Source

Evaluation Panel's proposal evaluation report(s) to the contracting

officer.

2015.304 Evaluation factors

The evaluation factors included in the solicitation serve as the

standard against

[[Page 67738]]

which all proposals are evaluated and are the basis for the development

of proposal preparation instructions, in accordance with FAR 15.304(b).

Indication in the solicitation of the relative importance of evaluation

factors and subfactors may be accomplished by the assignment of a

numerical weight to each. For those solicitations which use numerical

weights, those weights shall be stated in the solicitation. For those

factors that will not be numerically weighted, only their relative

importance will be stated in the solicitation. Examples of factors

which may not be numerically weighted are conflict of interest,

estimated cost, and ``go/no go'' evaluation factors.

2015.305 Proposal evaluation.

The contracting officer may provide offerors' cost proposals and

supporting financial information to members of the Source Evaluation

Panel at the same time technical proposals are distributed for

evaluation. The Source Evaluation Panel shall use this information to

perform an accurate integrated assessment of each offeror's proposal

based on all the facts presented to them.

Subpart 2015.6--Unsolicited Proposals

2015.606 Agency procedures.

(a) The Division of Contracts and Property Management is the point

of contact for the receipt, acknowledgment, and handling of unsolicited

proposals.

(b) To ensure that the unsolicitated proposal is logged into the

unsolicited proposal tracking system, it must be submitted in an

original and two copies, and requests for additional information

regarding their preparation, must be submitted to: U.S. Nuclear

Regulatory Commission, Division of Contracts and Property Management,

Mail Stop T-7-I-2, Washington, DC 20555.

2015.606-1 Receipt and initial review.

(a) The Division of Contracts and Property Management shall

acknowledge receipt of an unsolicited proposal, complete a preliminary

review, assign a docket number, and send copies of the unsolicited

proposal to the appropriate program office Director(s) or designee for

evaluation.

(b) The Division of Contracts and Property Management shall be

responsible for controlling reproduction and distribution of proposal

material by notifying evaluators of their responsibilities and tracking

the number of proposals received and forwarded to evaluators.

(c) An acknowledgment letter will be sent to the proposer by The

Division of Contracts and Property Management, providing an estimated

date for a funding decision or identifying the reasons for non-

acceptance of the proposal for review in accordance with FAR 15.606-

1(b) and FAR 15.606-1(c).

PART 2016--TYPES OF CONTRACTS

Subpart 2016.3--Cost Reimbursement Contracts

Sec.

2016.307-70 Contract provisions and clauses.

Subpart 2016.5--Indefinite-Delivery Contracts

2016.506-70 Contract provisions and clauses.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2016.3--Cost Reimbursement Contracts

2016.307-70 Contract provisions and clauses.

(a) The contracting officer shall insert the provision at 2052.216-

70, Level of Effort, in solicitations for negotiated procurements

containing labor costs other than maintenance services, to be awarded

on a cost reimbursement, cost sharing, cost-plus-award fee, cost-plus-

fixed fee, time and materials, or labor hour basis.

(b) The contracting officer may insert the following provisions and

clauses in cost reimbursement contracts as applicable:

(1) Section 2052.216-71, Indirect Cost Rates (where provisional

rates without ceilings apply).

(2) Section 2052.216-71, Indirect Cost Rates--Alternate 1 (where

predetermined rates apply).

(3) Section 2052.216-71, Indirect Cost Rates (Ceiling)--Alternate 2

(where provisional rates with ceilings apply).

(c) The contracting officer may make appropriate changes to these

clauses to reflect different arrangements.

Subpart 2016.5--Indefinite-Delivery Contracts

2016.506-70 Contract provisions and clauses.

The contracting officer shall insert the following clauses in all

solicitations and contracts that contain task order procedures. These

clauses may be altered by the contracting officer to fit the

circumstances of the requirement.

(a) Section 2052.216-72, Task Order Procedures;

(b) Section 2052.216-73, Accelerated Task Order Procedures.

PART 2017--SPECIAL CONTRACTING METHODS

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 481(b).

Subpart 2017.2--Options

2017.204 Contracts.

(a) The contracting officer may approve non-competitive extensions,

within the limits of his/her delegation, to five-year contracts up to a

total of an additional 6 months for the purpose of completing the

competitive process for a follow-on contract, provided that the request

for procurement action for a follow-on or replacement contract was

received in the Division of Contracts and Property Management not less

than 6 months before the end of the fifth year.

(b) Other extensions beyond five years must be approved by the

Competition Advocate.

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 2019--SMALL BUSINESS PROGRAMS

Subpart 2019.7--Subcontracting with small business, small disadvantaged

business, and women-owned small business concerns

Sec.

2019.705 Responsibilities of the contracting officer under the

subcontracting assistance program.

2019.705-4 Reviewing the subcontracting plan.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2019.7--Subcontracting With Small Business, Small

Disadvantaged Business, and Women-Owned Small Business Concerns

2019-705 Responsibilities of the contracting officer under the

subcontracting assistance program.

2019.705-4 Reviewing the subcontracting plan.

(a) The contracting officer may accept the terms of an overall or

``master'' company subcontracting plan incorporated by reference into a

specific subcontracting plan submitted by the apparent successful

offeror/bid for a specific contract, only upon ensuring that the

required information, goals and assurances are included in accordance

with FAR 19.704.

[[Page 67739]]

PART 2022--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Subpart 2022.1--Basic Labor Policies.

Sec.

2022.101-1 General

2022.103-4 Approvals.

Subpart 2022.9--Nondiscrimination Because of Age

2022.901-70 Contract provisions.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 4186

(b).

Subpart 2022.1--Basic Labor Policies

2022.101-1 General.

The Head of the Contracting Activity shall designate programs or

requirements for which it is necessary that contractors be required to

notify the Government of actual or potential labor disputes that are

delaying or threaten to delay the timely contract performance.

Contractor notification shall be made in accordance with FAR 52.222-1,

``Notice to the Government of Labor Disputes.''

2022.103-4 Approvals.

The agency approving official for contractor overtime shall be the

contracting officer.

Subpart 2022.9--Nondiscrimination Because of Age

2022.901-70 Contract provisions.

The contracting officer shall insert the provision found at

2052.222-70, Nondiscrimination Because of Age, in all solicitations.

PART 2024--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 2024.1--Protection of Individual Privacy

Sec.

2024.103 Procedures.

Subpart 2024.2--Freedom of Information Act

2024.202 Policy.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2024.1--Protection of Individual Privacy

2024.103 Procedures.

The provisions at 10 CFR Part 9, Subpart B, Privacy Act

Regulations, are applicable to the maintenance or disclosure of

information for a system of records on individuals.

Subpart 2024.2--Freedom of Information Act

2024.202 Policy.

The provisions at 10 CFR Part 9, Subpart A, Freedom of Information

Act Regulations, are applicable to the availability of NRC records to

the public.

SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS

PART 2027--PATENTS, DATA, AND COPYRIGHTS

Subpart 2027.3--Patent Rights Under Government Contracts

Sec.

2027.305-3 Follow-up by Government.

2027.305-70 Solicitation provisions and contract clauses.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2027.3--Patent Rights Under Government Contracts

2027.305-3 Follow-up by Government.

(a) The contracting officer shall, as a part of the closeout of a

contract, require each contractor to report in writing any patents,

copyrights, or royalties attained using any portion of the contract

funds.

(b) If no activity is to be reported, the contractor shall provide

the following written determination before final payment and closeout

of the contract:

(1) No inventions or discoveries were made,

(2) No copyrights were secured, produced, or composed,

(3) No notices or claims of patent or copyright infringement have

been received by the contractor or its subcontractors, and

(4) No royalty payments were directly involved in the contract or

reflected in the contract price to the Government, nor were any

royalties or other payments paid or owed directly to others.

(c) The contracting officer may waive any of the requirements in

paragraphs (b)(1) through (b)(4) of this section, after documenting the

file to indicate the--

(1) Impracticality of obtaining the document(s); and

(2) Steps taken to attempt to obtain them.

(d) The contracting officer shall notify agency legal counsel

responsible for patents whenever a contractor reports any patent,

copyright, or royalty activity, and shall document the official file

with the resolution to protect the Government's rights prior to making

any final payment and closing out the contract.

2027.305-70 Solicitation provisions and contract clauses.

The contracting officer shall insert the clause at 2052.227-70,

Drawings, Designs, Specifications, and Data, in all solicitations and

contracts in which drawings, designs, specifications, or other data

will be developed and the NRC must retain full rights to them (except

for the contractor's right to retain a copy for its own use). When any

of the clauses prescribed at FAR 27.409, Solicitation Provisions and

Contract Clauses, are included in the solicitation/contract, this

clause will not be used.

PART 2030--COST ACCOUNTING STANDARDS

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2030.2--CAS Program Requirements

2030.201-5 Waiver.

Requests to waive Cost Accounting Standards (CAS) requirements must

be submitted to the Chairman, CAS Board by the Competition Advocate.

The requests for waiver must be forwarded through the Head of the

Contracting Activity with supporting documentation and rationale in

accordance with FAR 30.201-5.

PART 2031--CONTRACT COST PRINCIPLES AND PROCEDURES

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2031.1--Applicability

2031.109-70 Contract clauses.

The contracting officer shall insert the clause at 2052.231-70,

Precontract Costs, in all cost type contracts when costs in connection

with work under the contract will be incurred by the contractor before

the effective date of the contract. Approval for use of this clause

must be obtained at one level above the contracting officer.

PART 2032--CONTRACT FINANCING

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2032.4--Advance Payments for Non-Commercial Items

2032.402 General.

(a) The contracting officer shall have the responsibility and

authority for making findings and determinations and for approval of

contract terms concerning advance payments.

(b) Before authorizing any advance payment agreements, except for

subscriptions to publications, the

[[Page 67740]]

contracting officer shall coordinate with the Office of the Chief

Financial Officer, Division of Accounting and Finance, to ensure

completeness of contractor submitted documentation.

PART 2033--PROTESTS, DISPUTES, AND APPEALS

Subpart 2033.1--Protests

Sec.

2033.103 Protests to the agency.

Subpart 2033.2--Disputes and Appeals

Sec.

2033.204 Policy.

2033.211 Contract Claims--Contracting officer's decision.

2033.215 Contract clause.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2033.1--Protests

2033.103 Protests to the agency.

Protests to the agency shall first be considered by the contracting

officer. In accordance with FAR 33.103(d)(4), the protestor may appeal

the contracting officer's decision by delivering or providing a written

request to the agency Director, Division of Contracts or Property

Management, or designee, to conduct an independent review of the

Contracting Officer's decision.

Subpart 2033.2--Disputes and Appeals

2033.204 Policy.

Final decisions of the NRC contracting officer on contract disputes

and appeals issued pursuant to the Contracts Disputes Act will be heard

by the Department of Energy Board of Contract Appeals (EBCA) pursuant

to an interagency agreement between the NRC and the Department of

Energy. The EBCA rules appear in 10 CFR part 1023.

2033.211 Contract Claims--Contracting officer's decision.

The contracting officer shall alter the paragraph at FAR

33.211(a)(4)(v) to identify the Energy Board of Contract Appeals and

include its address: U.S. Department of Energy, Board of Contract

Appeals, HG-50, Building 950, 1000 Independence Ave., SW, Washington,

DC 20585, when preparing a written decision.

2033.215 Contract clause.

The contracting officer shall use the clause at FAR 52.233-1,

Disputes, with its Alternate I, where continued performance is vital to

National Security, the public health and safety, critical and major

agency programs, or other essential supplies or services whose timely

reprocurement from other sources would be impractical.

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 2035--RESEARCH AND DEVELOPMENT CONTRACTING

Sec.

2035.70 Contract clauses.

2035.71 Broad agency announcements.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

2035.70 Contract clauses.

(a) The contracting officer shall insert the following clause in

all solicitations and contracts for research and development by private

contractors and universities and for other technical services, as

appropriate:

(1) Section 2052.235-70, Publication of Research Results;

(2) Section 2052.235-72 Safety, Health and Fire Protection.

2035.71 Broad agency announcements.

(a) Criteria for selecting contractors may include such factors as:

(1) Unique and innovative methods, approaches, or concepts

demonstrated by the proposal.

(2) Overall scientific, technical, or economic merits of the

proposal.

(3) The offeror's capabilities, related experience, facilities,

techniques, or unique combinations of these which are integral factors

for achieving the proposal objectives.

(4) The qualifications, capabilities, and experience of the

proposed principal investigator, team leader, or key personnel who are

critical in achieving the proposal objectives.

(5) Potential contribution of the effort to NRC's mission.

(6) Overall standing among similar proposals available for

evaluation and/or evaluation against the known state-of-the-art

technology.

(b) Once a proposal is received, communication between the agency's

scientific or engineering personnel and the principal investigator is

permitted for clarification purposes only and must be coordinated

through the Division of Contracts and Property Management.

(c) After evaluation of the proposals, the Designating Official

shall submit a comprehensive evaluation report to the contracting

officer which recommends the source(s) for contract award. The report

must reflect the basis for the selection or nonselection of each

proposal received.

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 2042--CONTRACT ADMINISTRATION

Subpart 2042.570--Differing Professional Views (DPV)

Sec.

2042.570-1 Policy.

2042.570-2 Solicitation and contract clauses.

Subpart 2042.8--Disallowance of Costs

Sec.

2042.803 Disallowing costs after incurrence.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 418(b).

Subpart 2042.570--Differing Professional Views

2042.570-1 Policy.

The Nuclear Regulatory Commission's (NRC) policy is to support the

contractor's expression of professional health and safety-related

concerns associated with the contractor's work for NRC that may differ

from a prevailing NRC staff view, disagree with an NRC decision or

policy position, or take issue with proposed or established agency

practices. An occasion may arise when an NRC contractor, contractor's

personnel, or subcontractor personnel believes that a conscientious

expression of a competent judgment is required to document such

concerns on matters directly associated with its performance of the

contract. The procedure described in 2052.242-71, Procedures for

Resolving NRC Contractor Differing Professional Views, provide for the

expression and resolution of DPVs of health and safety-related concerns

associated with the mission of the agency by NRC contractors,

contractor personnel or subcontractor personnel on matters directly

associated with its performance of the contract. The contractor shall

provide a copy of the NRC DPV procedure to all of its employees

performing under this contract and to all subcontractors who shall, in

turn, provide a copy of the procedure to its employees. Note: The prime

contractor or subcontractor shall submit all DPV's received but need

not endorse them.

2042.570-2 Solicitation provisions and contract clauses.

(a) The contracting officer shall insert the clause at 2052.242-70,

Resolving NRC Contractor Differing Professional Views, in the body of

cost reimbursement solicitations and contracts for professional

services, as

[[Page 67741]]

appropriate. This clause may not be altered by the contracting officer.

(b) The contracting officer shall include the clause at 2052.242-

71, Procedures for Resolving NRC Contractor Differing Professional

Views, as an attachment to cost reimbursement solicitations and

contracts for professional services, as appropriate. This clause may

not be altered by the contracting officer.

Subpart 2042.8--Disallowance of Costs

2042.803 Disallowing costs after incurrence.

(a) Vouchers and invoices submitted to NRC must be submitted to the

contracting officer or designee for review and approval for payment. If

the examination of a voucher or invoice raises a question regarding the

allowability of a cost submitted, the contracting officer or designee

shall:

(1) Hold informal discussions with the contractor as appropriate.

(2) If the discussions do not resolve the matter, the contracting

officer shall issue a notice advising the contractor of costs

disallowed. The notice must advise the contractor that it may:

(i) If in disagreement with the disallowance, submit a written

claim to the contracting officer for payment of the disallowed cost and

explain why the cost should be reimbursed; or

(ii) If the disagreement(s) cannot be settled, file a claim under

the disputes clause which will be processed in accordance with disputes

procedures found at FAR Subpart 33.2; and

(3) Process the voucher or invoice for payment and advise the NRC

Division of Accounting and Finance to deduct the disallowed costs when

scheduling the voucher for payment.

(b) When audit reports or other notifications question costs or

consider them unallowable, the contracting officer shall resolve all

cost issues through discussions with the contractor and/or auditor,

whenever possible, within six months of receipt of the audit report.

(1) One of the following courses of action must be pursued:

(i) Accept and implement audit recommendations as submitted;

(ii) Accept the principle of the audit recommendation but adjust

the amount of the questioned costs;

(iii) Reject audit findings and recommendations.

(2) When implementing the chosen course of action, the contracting

officer shall:

(i) Hold discussions with the auditor and contractor, as

appropriate;

(ii) If the contracting officer agrees with the auditor concerning

the questioned costs, attempt to negotiate a mutual settlement of

questioned costs;

(iii) Issue a final decision, including any disallowance of

questioned costs; inform the contractor of his/her right to appeal the

decision under the disputes procedures found at FAR Subpart 33.2; and

provide a copy of the final decision to the Office of the Inspector

General; and

(iv) Initiate immediate recoupment actions for all disallowed costs

owed the Government by one or more of the following methods:

(A) Request that the contractor provide a credit adjustment

(offset) and an adequate description/explanation of the adjustment

against amounts billed the Government on the next or other future

invoice(s) submitted under the contract for which the disallowed costs

apply;

(B) Deduct the disallowed costs from the next invoice submitted

under the contract;

(C) Deduct the disallowed costs on a schedule determined by the

contracting officer after discussion with the contractor (if the

contracting officer determines that an immediate and complete deduction

is inappropriate); and

(D) Advise the contractor that a refund is immediately payable to

the Government (in situations where there are insufficient payments

owed by the Government to effect recovery from the contract).

Part 2045--GOVERNMENT PROPERTY

Subpart 2045.3--Providing Government Property to Contractors

Sec.

2045.370 Providing government property (in general).

2045.371 Property accountability procedures.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2045.3--Providing Government Property to Contractors

2045.370 Providing Government property (in general).

(a) Unless otherwise provided for in FAR 45.302-1(d), applicable to

Government facilities with a unit cost of less than $10,000, a

contractor may be provided Government property or allowed to purchase

the property at Government expense upon determination made by the

contracting officer with the advice of the agency property official

that:

(1) No practicable or economical alternative exists; e.g.,

acquisition from other sources, utilization of subcontractors, rental

of property, or modification of program project requirements;

(2) Furnishing Government property is likely to result in

substantially lower costs to the Government for the items produced or

services rendered when all costs involved (e.g., transportation,

installation, modification, maintenance, etc.) are compared with the

costs to the Government of the contractor's use of privately-owned

property; and

(3) The Government receives adequate consideration for providing

the property.

2045.371 Property accountability procedures.

(a) The threshold for detailed reporting of capitalized equipment

by contractors is $50,000.

(b) The contractor shall send a copy of each Financial Status

Report (NRCAR 2052.211-72, and 2052.211-72 Alternate 1) to the Chief,

Property and Acquisition Oversight Branch, Division of Contracts and

Property Management, which references the acquisition of, or change in

status of, contractor-held property purchased with government funds

valued at the time of purchase at $50,000 or more.

SUBCHAPTER H--CLAUSES AND FORMS

PART 2052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 2052.2--Text of Provisions and Clauses

Sec.

2052.200 Authority.

2052.204-70 Security.

2052.204-71 Site access badge requirements.

2052.209-70 Current/former agency employee involvement.

2052.209-71 Contractor organizational conflicts of interest

(representation).

2052.209-72 Contractor organizational conflicts of interest.

2052.211-70 Preparation of technical reports.

2052.211-71 Technical progress report.

2052.211-72 Financial status report.

2052.214-70 Prebid conference.

2052.214-71 Bidder qualifications and past experience.

2052.214-72 Bid evaluation.

2052.214-73 Timely receipt of bids.

2052.214-74 Disposition of bids.

2052.215-70 Key personnel.

2052.215-71 Project officer authority.

2052.215-72 Timely receipt of proposals.

2052.215-73 Award notification and commitment of public funds.

2052.215-74 Disposition of proposals.

2052.215-75 Proposal presentation and format.

2052.215-76 Preproposal conference.

[[Page 67742]]

2052.215-77 Travel approvals and reimbursement.

2052.215-78 Travel approvals and reimbursement--Alternate 1.

2052.215-79 Contract award and evaluation of proposals.

2052.216-70 Level of effort.

2052.216-71 Indirect cost rates.

2052.216-72 Task order procedures.

2052.216-73 Accelerated task order procedures.

2052.222-70 Nondiscrimination because of age.

2052.227-70 Drawings, designs, specifications, and other data.

2052.231-70 Precontract costs.

2052.235-70 Publication of research results.

2052.235-71 Safety, health, and fire protection.

2052.242-70 Resolving NRC differing professional views.

2052.242-71 Procedures for resolving NRC differing professional

views.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2052.2--Text of Provisions and Clauses

2052.200 Authority.

2052.204-70 Security.

As prescribed at 2004.404(a), the contracting officer shall insert

the following clause in solicitations and contracts during which the

contractor may have access to, or contact with classified information,

including National Security information, restricted data, formerly

restricted data, and other classified data:

Security (Date)

(a) Security/Classification Requirements Form. The attached NRC

Form 187 (See List of Attachments) furnishes the basis for providing

security and classification requirements to prime contractors,

subcontractors, or others (e.g., bidders) who have or may have an

NRC contractual relationship that requires access to classified

information or matter, access on a continuing basis (in excess of 90

or more days) to NRC Headquarters controlled buildings, or otherwise

requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security

Information, Restricted Data, and Formerly Restricted Data. The

contractor shall, in accordance with the Commission's security

regulations and requirements, be responsible for safeguarding

National Security Information, Restricted Data, and Formerly

Restricted Data, and for protecting against sabotage, espionage,

loss, and theft, the classified documents and material in the

contractor's possession in connection with the performance of work

under this contract. Except as otherwise expressly provided in this

contract, the contractor shall, upon completion or termination of

this contract, transmit to the Commission any classified matter in

the possession of the contractor or any person under the

contractor's control in connection with performance of this

contract. If retention by the contractor of any classified matter is

required after the completion or termination of the contract and the

retention is approved by the contracting officer, the contractor

shall complete a certificate of possession to be furnished to the

Commission specifying the classified matter to be retained. The

certification must identify the items and types or categories of

matter retained, the conditions governing the retention of the

matter and their period of retention, if known. If the retention is

approved by the contracting officer, the security provisions of the

contract continue to be applicable to the matter retained.

(c) In connection with the performance of the work under this

contract, the contractor may be furnished, or may develop or

acquire, proprietary data (trade secrets) or confidential or

privileged technical, business, or financial information, including

Commission plans, policies, reports, financial plans, internal data

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

information which has not been released to the public or has been

determined by the Commission to be otherwise exempt from disclosure

to the public. The contractor agrees to hold the information in

confidence and not to directly or indirectly duplicate, disseminate,

or disclose the information in whole or in part to any other person

or organization except as may be necessary to perform the work under

this contract. The contractor agrees to return the information to

the Commission or otherwise dispose of it at the direction of the

contracting officer. Failure to comply with this clause is grounds

for termination of this contract.

(d) Regulations. The contractor agrees to conform to all

security regulations and requirements of the Commission which are

subject to change as directed by the NRC Division of Facilities and

Security and the Contracting Officer. These changes will be under

the authority of the FAR Changes clause referenced in Section I of

this document.

(e) Definition of National Security Information. The term

National Security Information, as used in this clause, means

information that has been determined pursuant to Executive Order

12958 or any predecessor order to require protection against

unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. The term Restricted Data, as

used in this clause, means all data concerning design, manufacture,

or utilization of atomic weapons; the production of special nuclear

material; or the use of special nuclear material in the production

of energy, but does not include data declassified or removed from

the Restricted Data category pursuant to Section 142 of the Atomic

Energy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data. The term Formerly

Restricted Data, as used in this clause, means all data removed from

the Restricted Data category under Section 142-d of the Atomic

Energy Act of 1954, as amended.

(h) Security clearance personnel. The contractor may not permit

any individual to have access to Restricted Data, Formerly

Restricted Data, or other classified information, except in

accordance with the Atomic Energy Act of 1954, as amended, and the

Commission's regulations or requirements applicable to the

particular type or category of classified information to which

access is required. The contractor shall also execute a Standard

Form 312, Classified Information Nondisclosure Agreement, when

access to classified information is required.

(i) Criminal liabilities. It is understood that disclosure of

National Security Information, Restricted Data, and Formerly

Restricted Data relating to the work or services ordered hereunder

to any person not entitled to receive it, or failure to safeguard

any Restricted Data, Formerly Restricted Data, or any other

classified matter that may come to the contractor or any person

under the contractor's control in connection with work under this

contract, may subject the contractor, its agents, employees, or

subcontractors to criminal liability under the laws of the United

States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C.

2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12958.)

(j) Subcontracts and purchase orders. Except as otherwise

authorized in writing by the contracting officer, the contractor

shall insert provisions similar to the foregoing in all subcontracts

and purchase orders under this contract.

(k) In performing the contract work, the contractor shall

classify all documents, material, and equipment originated or

generated by the contractor in accordance with guidance issued by

the Commission. Every subcontract and purchase order issued

hereunder involving the origination or generation of classified

documents, material, and equipment must provide that the

subcontractor or supplier assign classification to all documents,

material, and equipment in accordance with guidance furnished by the

contractor.

(End of Clause)

2052.204-71 Site access badge requirements.

As prescribed at 2004.404(b), the contracting shall insert the

following clause in all solicitations and contracts under which the

contractor will require access to Government facilities. The clause may

be altered to reflect any special conditions to be applied to foreign

nationals:

Site Access Badge Requirements (Jan 1993)

During the life of this contract, the rights of ingress and

egress for contractor personnel must be made available as required.

In this regard, all contractor personnel whose duties under this

contract require their presence on-site shall be clearly

identifiable by a distinctive badge furnished by the Government. The

Project Officer shall assist the contractor in obtaining the badges

for the contractor personnel. It is the sole responsibility of the

contractor to ensure that each employee has proper identification at

all times. All prescribed identification must

[[Page 67743]]

be immediately delivered to the Security Office for cancellation or

disposition upon the termination of employment of any contractor

personnel. Contractor personnel must have this identification in

their possession during on-site performance under this contract. It

is the contractor's duty to assure that contractor personnel enter

only those work areas necessary for performance of contract work,

and to assure the safeguarding of any Government records or data

that contractor personnel may come into contact with.

(End of Clause)

2052.209-70 Current/former agency employee involvement.

As prescribed at 2009.105-70, the contracting officer shall insert

the following provision in all solicitations:

Current/Former Agency Employee Involvement (Date)

(a) The following representation is required by the NRC

Acquisition Regulation 2009.105-70(b). It is not NRC policy to

encourage offerors and contractors to propose current/former agency

employees to perform work under NRC contracts and as set forth in

the above cited provision, the use of such employees may, under

certain conditions, adversely affect NRC's consideration of non-

competitive proposals and task orders.

(b) There ( ) are ( ) are no current/former NRC employees

(including special Government employees performing services as

experts, advisors, consultants, or members of advisory committees)

who have been or will be involved, directly or indirectly, in

developing the offer, or in negotiating on behalf of the offeror, or

in managing, administering, or performing any contract, consultant

agreement, or subcontract resulting from this offer. For each

individual so identified, the Technical and Management proposal must

contain, as a separate attachment, the name of the individual, the

individual's title while employed by the NRC, the date individual

left NRC, and brief description of the individual's role under this

proposal.

(End of Provision)

2052.209-71 Contractor organizational conflicts of interest

(representation).

As prescribed in 2009.570-4(b) and 2009.570-8, the contracting

officer must insert the following provision in applicable solicitations

and in contracts resulting from unsolicited proposals. The contracting

officer must also include the following in task orders and contract

modifications for new work.

Contractor Organizational Conflicts of Interest Representation

(Date)

I represent to the best of my knowledge and belief that:

The award to ________ of a contract or the modification of an

existing contract does / / does not / / involve situations or

relationships of the type set forth in 48 CFR 2009.570-3(b).

(a) If the representation, as completed, indicates that

situations or relationships of the type set forth in 48 CFR

2009.570-3(b) are involved, or the contracting officer otherwise

determines that potential organizational conflicts of interest

exist, the offeror shall provide a statement in writing which

describes in a concise manner all relevant factors bearing on his

representation to the contracting officer. If the contracting

officer determines that organizational conflicts exist, the

following actions may be taken:

(1) Impose appropriate conditions which avoid such conflicts,

(2) Disqualify the offeror, or

(3) Determine that it is otherwise in the best interest of the

United States to seek award of the contract under the waiver

provisions of 48 CFR 2009-570-9.

(b) The refusal to provide the representation required by 48 CFR

2009.570-4(b), or upon request of the contracting officer, the facts

required by 48 CFR 2009.570-3(b), must result in disqualification of

the offeror for award.

(End of Provision)

2052.209-72 Contractor organizational conflicts of interest.

As prescribed at 2009.570-5(a) and 2009.570-8, the contracting

officer must insert the following clause in all applicable

solicitations, contracts, and simplified acquisitions of the types

described in 2009.570-4(b):

Contractor Organizational Conflicts of Interest (Jan 1993)

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

ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or

planned interests (financial, contractual, organizational, or

otherwise) which relate to the work under this contract; and

(2) Does not obtain an unfair competitive advantage over other

parties by virtue of its performance of this contract.

(b) Scope. The restrictions described apply to performance or

participation by the contractor, as defined in 48 CFR 2009.570-2 in

the activities covered by this clause.

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during

the term of this contract the contractor agrees to forego entering

into consulting or other contractual arrangements with any firm or

organization, the result of which may give rise to a conflict of

interest with respect to the work being performed under this

contract. The contractor shall ensure that all employees under this

contract abide by the provision of this clause. If the contractor

has reason to believe with respect to itself or any employee that

any proposed consultant or other contractual arrangement with any

firm or organization may involve a potential conflict of interest,

the contractor shall obtain the written approval of the contracting

officer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise

support an NRC licensee or applicant undergoing an NRC audit,

inspection, or review where the activities that are the subject of

the audit, inspection or review are the same as or substantially

similar to the services within the scope of this contract (or task

order as appropriate), except where the NRC licensee or applicant

requires the contractor's support to explain or defend the

contractor's prior work for the utility or other entity which NRC

questions.

(3) When the contractor performs work for the NRC under this

contract at any NRC licensee or applicant site, the contractor shall

neither solicit nor perform work in the same or similar technical

area for that licensee or applicant organization for a period

commencing with the award of the task order or beginning of work on

the site (if not a task order contract) and ending one year after

completion of all work under the associated task order, or last time

at the site (if not a task order contract).

(4) When the contractor performs work for the NRC under this

contract at any NRC licensee or applicant site,

(i) The contractor may not solicit work at that site for that

licensee or applicant during the period of performance of the task

order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that

licensee or applicant during the period of performance of the task

order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may

authorize the contractor to solicit or perform this type of work

(except work in the same or similar technical area) if the

contracting officer determines that the situation will not pose a

potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge

and belief, and except as otherwise set forth in this contract, that

it does not have any organizational conflicts of interest as defined

in 48 CFR 2009.570-2.

(2) The contractor agrees that, if after award, it discovers

organizational conflicts of interest with respect to this contract,

it shall make an immediate and full disclosure in writing to the

contracting officer. This statement must include a description of

the action which the contractor has taken or proposes to take to

avoid or mitigate such conflicts. The NRC may, however, terminate

the contract if termination is in the best interest of the

Government.

(3) It is recognized that the scope of work of a task-order-type

contract necessarily encompasses a broad spectrum of activities.

Consequently, if this is a task-order-type contract, the contractor

agrees that it will disclose all proposed new work involving NRC

licensees or applicants which comes within the scope of work of the

underlying contract. Further, if this contract involves work at a

licensee or applicant site, the contractor agrees to exercise

diligence to discover and disclose any new work at that licensee or

applicant site. This disclosure must be made before the submission

of a bid or proposal to the utility or other regulated entity and

must be received by the NRC at least 15 days before the proposed

award date in any event, unless a written justification

demonstrating urgency and due diligence to

[[Page 67744]]

discover and disclose is provided by the contractor and approved by

the contracting officer. The disclosure must include the statement

of work, the dollar value of the proposed contract, and any other

documents that are needed to fully describe the proposed work for

the regulated utility or other regulated entity. NRC may deny

approval of the disclosed work only when the NRC has issued a task

order which includes the technical area and, if site-specific, the

site, or has plans to issue a task order which includes the

technical area and, if site-specific, the site, or when the work

violates paragraphs (c)(2), (c)(3) or (c)(4) of this clause.

(e) Access to and use of information.

(1) If in the performance of this contract, the contractor

obtains access to information, such as NRC plans, policies, reports,

studies, financial plans, internal data protected by the Privacy Act

of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of

Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees

not to:

(i) Use this information for any private purpose until the

information has been released to the public;

(ii) Compete for work for the Commission based on the

information for a period of six months after either the completion

of this contract or the release of the information to the public,

whichever is first;

(iii) Submit an unsolicited proposal to the Government based on

the information until one year after the release of the information

to the public; or

(iv) Release the information without prior written approval by

the contracting officer unless the information has previously been

released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it

receives or is given access to proprietary data, data protected by

the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the

Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other

confidential or privileged technical, business, or financial

information under this contract, the contractor shall treat the

information in accordance with restrictions placed on use of the

information.

(3) Subject to patent and security provisions of this contract,

the contractor shall have the right to use technical data it

produces under this contract for private purposes provided that all

requirements of this contract have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the

contractor shall include this clause, including this paragraph, in

subcontracts of any tier. The terms contract, contractor, and

contracting officer, must be appropriately modified to preserve the

Government's rights.

(g) Remedies. For breach of any of the above restrictions, or

for intentional nondisclosure or misrepresentation of any relevant

interest required to be disclosed concerning this contract or for

such erroneous representations that necessarily imply bad faith, the

Government may terminate the contract for default, disqualify the

contractor from subsequent contractual efforts, and pursue other

remedies permitted by law or this contract.

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

directed in writing to the contracting officer in accordance with

the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to

participate in NRC contracts, subcontracts, or proposals therefor

(solicited or unsolicited), which stem directly from the

contractor's performance of work under this contract. Furthermore,

unless so directed in writing by the contracting officer, the

contractor may not perform any technical consulting or management

support services work or evaluation activities under this contract

on any of its products or services or the products or services of

another firm if the contractor has been substantially involved in

the development or marketing of the products or services.

(1) If the contractor, under this contract, prepares a complete

or essentially complete statement of work or specifications, the

contractor is not eligible to perform or participate in the initial

contractual effort which is based on the statement of work or

specifications. The contractor may not incorporate its products or

services in the statement of work or specifications unless so

directed in writing by the contracting officer, in which case the

restrictions in this paragraph do not apply.

(2) Nothing in this paragraph precludes the contractor from

offering or selling its standard commercial items to the Government.

(End of Clause)

2052.211-70 Preparation of technical reports.

As prescribed at 2011.104-70(a) the contracting officer shall

insert the following clause in solicitations and contracts when

deliverables include a technical report. The contracting officer may

alter this clause prior to issuance of the solicitation or during

competition by solicitation amendment. Insignificant changes may also

be made by the contracting officer on a case-by-case basis during

negotiation, without solicitation amendment.

Preparation of Technical Reports (Jan 1993)

All technical reports required by Section C and all Technical

Progress Reports required by Section F are to be prepared in

accordance with the attached Management Directive 3.8,

``Unclassified Contractor and Grantee Publications in the NUREG

Series.'' Management Directive 3.8 is not applicable to any

Contractor Spending Plan (CSP) and any Financial Status Report that

may be included in this contract. (See List of Attachments).

(End of Clause)

2052.211-71 Technical progress report.

As prescribed at 2011.104-70(b), the contracting officer shall

insert the following clause in all solicitations and contracts except

firm fixed price or indefinite delivery contracts to be awarded on a

time-and-materials or labor-hour basis, or which provide for issuance

of delivery orders for specific products/serviced line items. The

contracting officer may alter this clause prior to issuance of the

solicitation or during competition by solicitation amendment.

Insignificant changes may also be made by the contracting officer on a

case-by-case basis during negotiation, without solicitation amendment.

Technical Progress Report (Jan 1993)

The contractor shall provide a monthly Technical Progress Report

to the project officer and the contracting officer. The report is

due within 15 calendar days after the end of the report period and

must identify the title of the project, the contract number,

appropriate financial tracking code specified by the NRC Project

Officer, project manager and/or principal investigator, the contract

period of performance, and the period covered by the report. Each

report must include the following for each discrete task/task order:

(a) A listing of the efforts completed during the period, and

milestones reached or, if missed, an explanation provided;

(b) Any problems or delays encountered or anticipated and

recommendations for resolution. If the recommended resolution

involves a contract modification, e.g., change in work requirements,

level of effort (cost) or schedule delay, the contractor shall

submit a separate letter to the contracting officer identifying the

required change and estimated cost impact.

(c) A summary of progress to date; and

(d) Plans for the next reporting period.

(End of Clause)

2052.211-72 Financial status report.

As prescribed at 2011.104-70(c), the contracting officer shall

insert the following clause in applicable cost reimbursement

solicitations and contracts when a detailed assessment of costs is

warranted and a contractor spending plan is required. The contracting

officer may alter this clause and Alternate 1 of this clause prior to

issuance of the solicitation or during competition by solicitation

amendment. Insignificant changes may also be made by the contracting

officer on a case-by-case basis during negotiation, without

solicitation amendment.

Financial Status Report (Date)

The contractor shall provide a monthly Financial Status Report

(FSR) to the project officer and the contracting officer. The FSR

shall include the acquisition of, or changes in the status of,

contractor-held property acquired with government funds valued at

the time of purchase at $50,000 or more. Whenever such property

changes occur, the contractor shall send a copy of the report to the

Chief, Property and Acquisition Oversight Branch, Office of

Administration. The report is due within 15 calendar days after the

end of the report period and must identify the title of the project,

the contract

[[Page 67745]]

number, the appropriate financial tracking code (e.g., Job Code

Number or JCN) specified by the NRC Project Officer, project manager

and/or principal investigator, the contract period of performance,

and the period covered by the report. Each report must include the

following for each discrete task:

(a) Total estimated contract amount.

(b) Total funds obligated to date.

(c) Total costs incurred this reporting period.

(d) Total costs incurred to date.

(e) Detail of all direct and indirect costs incurred during the

reporting period for the entire contract or each task, if it is a

task ordering contract.

(f) Balance of obligations remaining.

(g) Balance of funds required to complete contract/task order.

(h) Contractor Spending Plan (CSP) status: A revised CSP is

required with the Financial Status Report whenever the contractor or

the contracting officer has reason to believe that the total cost

for performance of this contract will be either greater or

substantially less than what had been previously estimated.

(1) Projected percentage of completion cumulative through the

report period for the project/task order as reflected in the current

CSP.

(2) Indicate significant changes in the original CSP projection

in either dollars or percentage of completion. Identify the change,

the reasons for the change, whether there is any projected overrun,

and when additional funds would be required. If there have been no

changes to the original NRC-approved CSP projections, a written

statement to that effect is sufficient in lieu of submitting a

detailed response to item ``h''.

(i) Property status:

(1) List property acquired for the project during the month with

an acquisition cost between $500 and $49,999. Give the item number

for the specific piece of equipment.

(2) Provide a separate list of property acquired for the project

during the month with an acquisition cost of $50,000 or more.

Provide the following information for each item of property: item

description or nomenclature, manufacturer, model number, serial

number, acquisition cost, and receipt date. If no property was

acquired during the month, include a statement to that effect. Note:

The same information shall be provided for any component or

peripheral equipment which is part of a ``system or system unit.''

(3) For multi-year projects, in the September monthly financial

status report provide a cumulative listing of property with an

acquisition cost of $50,000 or more showing the above information.

(4) In the final financial status report provide a closeout

property report containing the same elements as described above for

the monthly financial status reports, for all property purchased

with NRC funds regardless of value unless title has been vested in

the contractor. If no property was acquired under the contract,

provide a statement to that effect. The report should note any

property requiring special handling for security, health, safety, or

other reasons as part of the report.

(j) Travel status: List the starting and ending dates for each

trip, the starting point and destination, and the traveler(s) for

each trip.

(k) If the data in this report indicates a need for additional

funding beyond that already obligated, this information may only be

used as support to the official request for funding required in

accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-20)

or the Limitation of Funds (LOF) Clause FAR 52.232-22.

(End of Clause)

Alternate 1 (Date)

As prescribed in 2011.104-70(c), the contracting officer shall

insert the following clause in applicable cost reimbursement

solicitations and contracts when no contractor spending plan is

required:

Financial Status Report--Alternate 1 (Date)

The contractor shall provide a monthly Financial Status Report

(FSR) to the Project Officer and the contracting officer. The FSR

shall include the acquisition of, or changes in the status of,

contractor-held property acquired with government funds valued at

the time of purchase at $50,000 or more. Whenever such changes

occur, the contractor shall send a copy of the report to the Chief,

Property and Acquisition Oversight Branch, Office of Administration.

The report is due within 15 calendar days after the end of the

report period and shall identify the title of the project, the

contract number, project manager and/or principal investigator, the

contract period of performance, and the period covered by the

report. Each report shall include the following for each discrete

task:

(a) Total estimated contract amount.

(b) Total funds obligated to date.

(c) Total costs incurred this reporting period.

(d) Total costs incurred to date.

(e) Detail of all direct and indirect costs incurred during the

reporting period for the entire contract or each task, if it is a

task ordering contract.

(f) Balance of obligations remaining.

(g) Balance of funds required to complete contract/task order.

(h) [Reserved]

(i) Property status:

(1) List property acquired for the project during the month with

an acquisition cost between $500 and $49,999. Give the item number

for the specific piece of equipment.

(2) Provide a separate list of property acquired for the project

during the month with an acquisition cost of $50,000 or more.

Provide the following information for each item of property: item

description or nomenclature, manufacturer, model number, serial

number, acquisition cost, and receipt date. If no property was

acquired during the month, include a statement to that effect. Note:

The same information shall be provided for any component or

peripheral equipment which is part of a ``system or system unit.''

(3) For multi-year projects, in the September monthly financial

status report provide a cumulative listing of property with an

acquisition cost of $50,000 or more showing the above information.

(4) In the final financial status report provide a closeout

property report containing the same elements as described above for

the monthly financial status reports, for all property purchased

with NRC funds regardless of value unless title has been vested in

the contractor. If no property was acquired under the contract,

provide a statement to that effect. The report should note any

property requiring special handling for security, health, safety, or

other reasons as part of the report.

(j) Travel status: List the starting and ending dates for each

trip, the starting point and destination, and the traveler(s) for

each trip.

(k) If the data in this report indicates a need for additional

funding beyond that already obligated, this information may only be

used as support to the official request for funding required in

accordance with the Limitation of Cost (LOC) Clause (FAR 52.232-20)

or the Limitation of Funds (LOF) Clause FAR 52.232-22.

(End of Clause)

2052.214-70 Prebid conference.

As prescribed at 2014.201-670(a), the contracting officer may

insert the following provision in invitations for bids which require a

prebid conference:

Prebid Conference (Jan 1993)

(a) A prebid conference is scheduled for:

Date: *

Location: *

Time: *

(b) This conference is to afford interested parties an

opportunity to present questions and clarify uncertainties regarding

this solicitation. You are requested to mail written questions

concerning those areas of uncertainty which, in your opinion,

require clarification or correction. You are encouraged to submit

your questions in writing not later than * working day(s) prior to

the conference date. Receipt of late questions may result in the

questions not being answered at the conference although they will be

considered in preparing any necessary amendment to the solicitation.

If you plan to attend the conference, notify * by letter or

telephone *, no later than close of business *. Notification of your

intention to attend is essential in the event the conference is

rescheduled or canceled. (Optional statement: Due to space

limitations, each potential bidder is limited to * representatives

at the conference.)

(c) Written questions must be submitted to: U.S. Nuclear

Regulatory Commission, Division of Contracts and Property

Management, ATTN: *, Mail Stop T-7-I-2, Washington, DC 20555.

(d) The envelope must be marked ``Solicitation No. */Prebid

Conference.''

(e) A transcript of the conference will be furnished to all

prospective bidders through the issuance of an amendment to the

solicitation.

* To be incorporated into the solicitation.

(End of Provision)

2052.214-71 Bidder qualifications and past experiences.

As prescribed in 2014.201-670(b), the contracting officer may

insert the

[[Page 67746]]

following provision on an optional basis to fit the circumstances of

the invitation for bid.

Bidder Qualifications and Past Experience (Date)

(a) The bidder shall list previous/current contracts performed

within the past * years (with no omissions) in which the Bidder was

the prime or principal subcontractor. This information will assist

the contracting officer in his/her Determination of Responsibility.

Lack of previous/current contracts or failure to submit this

information will not necessarily result in an unfavorable

Determination of Responsibility.

(b) The following information shall be provided for each

previous/current contract listed:

(1) Contract No.:

(2) Contract performance dates:

(3) Estimated total value of the contract (base plus all option

years):

(4) Brief description of work performed under the contract:

(5) Contract Standard Industrial Code:

(6) Name and address of Government agency or commercial entity:

(7) Technical Point of Contact and current telephone number:

(8) Contracting Officer name and current telephone number:

(c) The bidder shall also provide the name, title and full

telephone number of its technical representative and contracts/

business representative:

(1) Technical Representative name:

Title:

Telephone No. ( )

(2) Contracts/Business Representative name:

Title:

Telephone No. ( )

*To be incorporated into the solicitation.

(End of Provision)

2052.214-72 Bid evaluation.

As prescribed at 2014.201-670(c), the contracting officer shall

insert the following provision in applicable invitations for bids

(paragraph ``(f)'' of this provision is optional):

Bid Evaluation (Jan 1993)

(a) Award will be made to that responsive, responsible bidder

within the meaning of FAR Subpart 9.1 whose total bid amount, as set

forth by the bidder in Section B of this Invitation for Bid (IFB),

constitutes the lowest overall evaluated final contract price to the

Government based upon the requirements as set forth in the schedule.

Bids will be evaluated for purposes of award by first ascertaining

the sum of the total amount for each of the items specified in

Section B of this solicitation. This will constitute the bidder's

``Total Bid Amount.''

(b) Bidders shall insert a definite price or indicate ``no

charge'' in the blank space provided for each item and/or sub-item

listed in Section B. Unless expressly provided for herein, no

additional charge will be allowed for work performed under the

contract other than the unit prices stipulated for each such item

and/or sub-item.

(c) Any bid which is materially unbalanced as to price for the

separate items specified in Section B of this IFB may be rejected as

nonresponsive. An unbalanced bid is defined as one which is based on

prices which, in the opinion of the NRC, are significantly less than

cost for some work and/or prices that may be significantly

overstated for other work.

(d) Separation charges, in any form, are not solicited. Bids

containing charges for discontinuance, termination, failure to

exercise an option, or for any other purpose will cause the bid to

be rejected as nonresponsive.

(e) A preaward on-site survey of the bidder's facilities,

equipment, etc., in accordance with FAR 9.105 and 9.106 may be made

by representatives of the Commission for the purpose of determining

whether the bidder is responsible within the meaning of FAR 9.1, and

whether the bidder possesses qualifications that are conducive to

the production of work that will meet the requirements,

specifications, and provisions of this contract. Also, if requested

by the Commission, the prospective contractor may be required to

submit statements within * hours after receiving the request:

(1) Concerning their ability to meet any of the minimum

standards set forth in FAR 9.104,

(2) Samples of work, and

(3) Names and addresses of additional clients, Government

agencies and/or commercial firms which the bidder is now doing or

had done business with.

(f) Notwithstanding paragraph (b) of this provision, the award

of any contract resulting from this solicitation will be made on an

``all or none'' basis. Thus, bids submitted on fewer than the items

listed in Section B of this IFB, or on fewer than the estimated

quantity, will cause the bid to be rejected as nonresponsive.

*To be inserted into solicitation.

(End of Provision)

2052.214-73 Timely receipt of bids.

As prescribed at Sec. 2014.670(b), the contracting officer shall

insert the following provision in all invitations for bids:

Timely Receipt of Bids (Date)

Sealed offers for furnishing the services or supplies in the

schedule are due at the date and time stated in block 9 of Standard

Form 33, Solicitation, Offer and Award. Offers sent through the U.S.

Mail (including U.S. Postal Service Express Mail Next Day Service--

Post Office to Addressee) must be addressed to the place specified

in the solicitation. All hand-carried offers including those made by

private delivery services (e.g., Federal Express and Airborne

Express) must be delivered to the NRC loading dock security station

located at 11545 Rockville Pike, Rockville, Maryland 20852 and

received in the depository located in Room T-7-I-2. All offerors

should allow extra time for internal mail distribution or for pick

up of hand-carried deliveries. NRC is a secure facility with

perimeter access-control and NRC personnel are only available to

receive hand-carried offers during normal working hours, 7:30 a.m.-

3:30 p.m., Monday through Friday, excluding federal holidays.

(End of Provision)

2052.214-74 Disposition of bids.

As prescribed at 2014.670(b), the contracting officer shall insert

the following provision in applicable invitation for bids:

Disposition of Bids (Jan 1993)

After award of the contract, one copy of each unsuccessful bid

will be retained by NRC's Division of Contracts and Property

Management in accordance with the General Records Schedule 3(5)(b).

Unless return of the additional copies of the bid is requested by

the bidder upon submission of the bid, all other copies will be

destroyed. This request should appear in a cover letter accompanying

the bid.

(End of Provision)

2052.215-70 Key personnel.

As prescribed at 2015.209-70(a)(1), the contracting officer shall

insert in solicitations and contracts the following clause as

applicable to the requirement:

Key Personnel (Jan 1993)

(a) The following individuals are considered to be essential to

the successful performance of the work hereunder: *

The contractor agrees that personnel may not be removed from the

contract work or replaced without compliance with paragraphs (b) and

(c) of this clause.

(b) If one or more of the key personnel, for whatever reason,

becomes, or is expected to become, unavailable for work under this

contract for a continuous period exceeding 30 work days, or is

expected to devote substantially less effort to the work than

indicated in the proposal or initially anticipated, the contractor

shall immediately notify the contracting officer and shall, subject

to the concurrence of the contracting officer, promptly replace the

personnel with personnel of at least substantially equal ability and

qualifications.

(c) Each request for approval of substitutions must be in

writing and contain a detailed explanation of the circumstances

necessitating the proposed substitutions. The request must also

contain a complete resume for the proposed substitute and other

information requested or needed by the contracting officer to

evaluate the proposed substitution. The contracting officer and the

project officer shall evaluate the contractor's request and the

contracting officer shall promptly notify the contractor of his or

her decision in writing.

(d) If the contracting officer determines that suitable and

timely replacement of key personnel who have been reassigned,

terminated, or have otherwise become unavailable for the contract

work is not reasonably forthcoming, or that the resultant reduction

of productive effort would be so substantial as to impair the

successful completion of the contract or the service order, the

contract may be terminated by the contracting officer for default or

for the convenience of the Government, as appropriate. If the

contracting officer finds the contractor at fault for the condition,

the

[[Page 67747]]

contract price or fixed fee may be equitably adjusted downward to

compensate the Government for any resultant delay, loss, or damage.

(End of Clause)

*To be incorporated into any resultant contract.

2052.215-71 Project officer authority.

As prescribed in 2015.209-70(a)(2)(i), the contracting officer

shall insert the following clause in applicable solicitations and

contracts for cost-reimbursement, cost-plus-fixed-fee, cost-plus-award-

fee, cost sharing, labor-hour or time-and-materials, including task

order contracts. This clause and the following alternate clauses are

intended for experienced, trained projects officers, and may be altered

to delete duties where appropriate:

Project Officer Authority (Date)

(a) The contracting officer's authorized representative

hereinafter referred to as the project officer for this contract is:

Name: *

Address: *

Telephone Number: *

(b) Performance of the work under this contract is subject to

the technical direction of the NRC project officer. The term

technical direction is defined to include the following:

(1) Technical direction to the contractor which shifts work

emphasis between areas of work or tasks, authorizes travel which was

unanticipated in the Schedule (i.e., travel not contemplated in the

Statement of Work or changes to specific travel identified in the

Statement of Work), fills in details, or otherwise serves to

accomplish the contractual statement of work.

(2) Provide advice and guidance to the contractor in the

preparation of drawings, specifications, or technical portions of

the work description.

(3) 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.

(c) Technical direction must be within the general statement of

work stated in the contract. The project officer does not have the

authority to and may not issue any technical direction which:

(1) Constitutes an assignment of work outside the general scope

of the contract.

(2) Constitutes a change as defined in the ``Changes'' clause of

this contract.

(3) In any way causes an increase or decrease in the total

estimated contract cost, the fixed fee, if any, or the time required

for contract performance.

(4) Changes any of the expressed terms, conditions, or

specifications of the contract.

(5) Terminates the contract, settles any claim or dispute

arising under the contract, or issues any unilateral directive

whatever.

(d) All technical directions must be issued in writing by the

project officer or must be confirmed by the project officer in

writing within ten (10) working days after verbal issuance. A copy

of the written direction must be furnished to the contracting

officer. A copy of NRC Form 445, Request for Approval of Official

Foreign Travel, which has received final approval from the NRC must

be furnished to the contracting officer.

(e) The contractor shall proceed promptly with the performance

of technical directions duly issued by the project officer in the

manner prescribed by this clause and within the project officer's

authority under the provisions of this clause.

(f) 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 paragraph (c) of this clause, the

contractor may not proceed but shall notify the contracting officer

in writing within five (5) working days after the receipt of any

instruction or direction and shall request the contracting officer

to modify the contract accordingly. Upon receiving the notification

from the contractor, the contracting officer shall issue an

appropriate contract modification or advise the contractor in

writing that, in the contracting officer's opinion, the technical

direction is within the scope of this article and does not

constitute a change under the ``Changes'' clause.

(g) Any unauthorized commitment or direction issued by the

project officer may result in an unnecessary delay in the

contractor's performance and may even result in the contractor

expending funds for unallowable costs under the contract.

(h) 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 is subject to Sec. 52.233-1--Disputes.

(i) In addition to providing technical direction as defined in

paragraph (b) of this clause, the project officer shall:

(1) Monitor the contractor's technical progress, including

surveillance and assessment of performance, and recommend to the

contracting officer changes in requirements.

(2) Assist the contractor in the resolution of technical

problems encountered during performance.

(3) Review all costs requested for reimbursement by the

contractor and submit to the contracting officer recommendations for

approval, disapproval, or suspension of payment for supplies and

services required under this contract.

(End of Clause)

Alternate 1 (Date)

As prescribed at 2015.209-70(a)(2)(ii), the contracting officer

shall insert the following clause in solicitations and contracts

which require issuance of delivery orders for specific products/

services.

Project Officer Authority--Alternate 1 (Date)

(a) The contracting officer's authorized representative,

hereinafter referred to as the project officer, for this contract

is:

Name: *

Address: *

Telephone Number: *

(b) The project officer shall:

(1) Place delivery orders for items required under this contract

up to the amount obligated on the contract award document.

(2) Monitor contractor performance and recommend to the

contracting officer changes in requirements.

(3) Inspect and accept products/services provided under the

contract.

(4) Review all contractor invoices/vouchers requesting payment

for products/services provided under the contract and make

recommendations for approval, disapproval, or suspension.

(c) The project officer may not make changes to the express

terms and conditions of this contract.

* To be incorporated into any resultant contract.

(End of Clause)

Alternate 2 (Date)

As prescribed at 2015.209(a)(2)(iii), the contracting officer

shall insert in solicitations for firm fixed price contracts, the

clause at 2052.215-71 Project Officer Authority Alternate 1 which

shall be used with paragraph (b)(1) deleted and the remainder of the

clause renumbered.

2052.215-72 Timely receipt of proposals.

As prescribed in 2015.209-70(a)(3), the contracting officer shall

insert the following provision in all solicitations:

Timely Receipt of Proposals (Date)

Sealed offers for furnishing the services or supplies in the

schedule are due at the date and time stated in block 9 of Standard

Form 33, Solicitation, Offer and Award. Offers sent through the U.S.

Mail (including U.S. Postal Service Express Mail Next Day Service--

Post Office to Addressee) must be addressed to the place specified

in the solicitation. All hand-carried offers including those made by

private delivery services (e.g., Federal Express and Airborne

Express) must be delivered to the NRC loading dock security station

located at 11545 Rockville Pike, Rockville, Maryland 20852 and

received in the depository located in Room T-7-I-2. All offerors

should allow extra time for internal mail distribution or for pick

up of hand-carried deliveries. NRC is a secure facility with

perimeter access-control and NRC personnel are only available to

receive hand-carried offers during normal working hours, 7:30 AM--

3:30 PM, Monday through Friday, excluding federal holidays.

(End of Provision)

2052.215-73 Award notification and commitment of public funds.

As prescribed at 2015.209-70 (a)(4), the contracting officer shall

insert the following clause in applicable solicitations:

Award Notification and Commitment of Public Funds (Date)

(a) All offerors will be notified of their exclusion from the

competitive range in accordance with FAR 15.503(a)(1). Pursuant to

the requirements of FAR 15.503(a)(2), preliminary notification will

be provided before award for small business set-aside procurements

on negotiated procurements. The contracting officer shall provide

written postaward notice to each unsuccessful offeror in accordance

with FAR 15.503(b).

[[Page 67748]]

(b) It is also brought to your attention that the contracting

officer is the only individual who can legally commit the NRC to the

expenditure of public funds in connection with this procurement.

This means that unless provided in a contract document or

specifically authorized by the contracting officer, NRC technical

personnel may not issue contract modifications, give informal

contractual commitments, or otherwise bind, commit, or obligate the

NRC contractually. Informal contractual commitments include:

(1) Encouraging a potential contractor to incur costs prior to

receiving a contract;

(2) Requesting or requiring a contractor to make changes under a

contract without formal contract modifications;

(3) Encouraging a contractor to incur costs under a cost-

reimbursable contract in excess of those costs contractually

allowable; and

(4) Committing the Government to a course of action with regard

to a potential contract, contract change, claim, or dispute.

(End of Clause)

2052.215-74 Disposition of proposals.

As prescribed in 2015.209-70(a)(5), the contracting officer shall

insert the following provision in all solicitations:

Disposition of Proposals (Jan 1993)

After award of the contract, one copy of each unsuccessful

proposal is retained by the NRC's Division of Contracts and Property

Management in accordance with the General Records Schedule 3(5)(b).

Unless return of the additional copies of the proposals is requested

by the offeror upon submission of the proposals, all other copies

will be destroyed. This request should appear in a cover letter

accompanying the proposal.

(End of Provision)

2052.215-75 Proposal presentation and format.

As prescribed at 2015.209-70(b)(1), the contracting officer may

insert the following provision in applicable negotiated procurements

for cost type solicita

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