Acquisition Regulation (NRCAR)

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its

regulations governing the procurement of goods and services. The final

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 final rule

eliminates obsolete coverage and makes 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.

EFFECTIVE DATE: The final rule becomes effective October 12, 1999.

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 the

effective and efficient evaluation, negotiation, and administration of

procurements.

The Proposed Rule

The NRCAR was published as a proposed rule, the amendments are

intended to comply with FAR streamlining requirements and to eliminate

obsolete coverage and make necessary technical and conforming

amendments to its policies, procedures, solicitation provisions, and

contract clauses.

The proposed rule was published for public comment on December 8,

1998 (63 FR 67726). The comment period on the proposed rule closed

February 22, 1999. The NRC did not receive any public comments in

response to the proposed rule.

Summary of Changes

The following discussion summarizes the changes made to the NRCAR

by this final rule.

1. Part 2002-Definitions--This Part is 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 is 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 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--Section 2009.1

``Responsible prospective contractors'' as amended. The language in

Sec. 2009.100 is simplified to enhance understanding of the NRC's

policy covering award of contracts to former NRC employees and the

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

language also clarifies the procurement actions that 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, is

downgraded to a Representation requirement. This action is intended to

lessen a contractor's reporting burden under to Section 4301 of Pub.

109-106 (FARA).

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

amended to bring the definition of ``Subcontractor'' 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, are 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

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

some flexibility in acquiring brand name products. This flexibility is

now evident in the NRCAR prescription and clause (Sec. 2052.210-70).

Some restriction on ordering brand name products is evident in FAR

6.302-1. This provision requires a sole source justification for brand

name product purchases. The basis for not providing for maximum

practicable competition must now be documented in the file when the

acquisition is awarded through simplified acquisition procedures.

6. Part 2015--Contracting By Negotiation--This Part is amended to

reflect 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 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 allows 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 encourages the contracting officer to use a minimum number of

evaluation factors by referencing FAR 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 is amended to allow the

contracting officer the flexibility to negotiate ceiling rates for

indirect costs and to streamline task order technical proposal

language.

[[Page 49323]]

8. Part 2032--Contract Financing--Sec. 2032.4--This Part is 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 is 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 25.102 has

since been revised to give the contracting officer some flexibility in

making the nonavailability of US-produced supplies determination. FAR

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 nonavailability 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 is amended

to clarify agency procedures for responding to agency protests and for

handling disputes and appeals pursuant to the Contracts Dispute Act.

This Part is 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 is

amended to give the contracting officer flexibility to choose the

evaluation criteria which will be used to select contractors under

Broad Agency Announcements.

The Final Rule

The final rule is now updated to meet the requirements of Pub. L.

103-355 (the Federal Acquisition Streamlining Act--FASA) and Pub. L.

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 has

eliminated obsolete coverage and made 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).

Voluntary Consensus Standards

The National Technology Transfer and Advancement Act of 1995, Pub.

L. 194-113, requires that agencies use technical standards that are

developed or adopted by voluntary consensus standard bodies unless the

use of such a standard is inconsistent with applicable law or otherwise

impractical. In this final rule, the NRC is amending its regulations

that supplements the Federal Acquisition Regulation (FAR) and, in

connection with the FAR, govern the procurement of goods and services

by the agency. This internal action does not constitute the

establishment of a standard that establishes generally-applicable

requirements. Furthermore, the NRC has determined that the adoption of

consensus standards as an alternative to this final rule is not

permitted.

Environmental Impact: Categorical Exclusion

The NRC has determined that this final rule 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 final rule.

Paperwork Reduction Act Statement

This final rule amends information collection requirements that are

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

seq.). These requirements were approved by the Office of Management and

Budget approval numbers 3150-0169 and 3150-0193.

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 final rule amends the procedures and requirements necessary to

implement and supplement the FAR. The final rule presents amendments to

the regulations necessary to ensure that the regulations governing the

procurement of goods and services within the NRC to satisfy the

particular needs and requirements of the NRC. This final rule

constitutes an administrative action governing the procurement

activities of the NRC. These provisions do 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 final rule allows a contractor or potential

contractor to understand more easily the regulations used in

soliciting, evaluating and awarding contracts for the provision of

goods and services. This constitutes the regulatory analysis for this

final rule.

Regulatory Flexibility Certification

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

605(b), the Commission certifies that this final rule will not have a

significant economic impact on a substantial number of small entities.

The final rule amends the procedures and requirements necessary to

implement and supplement the FAR. These regulations govern the

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

final rule affects a small entity, it sets out provisions applicable to

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

concerns.

Backfit Analysis

The NRC has determined that a backfit analysis does not apply to

this final rule because it does not involve any provision which imposes

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

Small Business Regulatory Enforcement Fairness Act

In accordance with the Small Business Regulatory Enforcement

Fairness Act of 1996, the NRC has determined that this action is not a

major rule and has verified this determination with the Office of

Information and Regulatory Affairs of OMB.

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 recordkeeping requirements.

48 CFR Parts 2011 and 2013

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations.

[[Page 49324]]

48 CFR Parts 2014 and 2015

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and recordkeeping 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 recordkeeping 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 recordkeeping 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 recordkeeping requirements.

48 CFR Part 2045

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations Reporting and recordkeeping requirements.

48 CFR Part 2052

Government procurement, Nuclear Regulatory Commission Acquisition

Regulations, Reporting and recordkeeping 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

revising 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: 42 U.S.C. 2201; 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 (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, unless 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 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 Sec. 2001.104-1 and the NRC's implementation of FAR

24.1 is shown as Sec. 2024.1.

(2) When the 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 Sec. 2009.570.

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

supplementation, there is no

[[Page 49325]]

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 Office of

the Federal Register standards approved for the FAR. Thus, this section

when referred to in the NRCAR is cited as Sec. 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 Secs. 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 Sec. 2052.215-77(a) and Sec. 2052.215-78(b), NRC Form 445 is

approved under control number 3150-0193.

(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 that

invites 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 the 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;

(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 (DCPM), who, in turn, makes

contracting officer appointments within Headquarters and Regional

Offices. All of these delegations are formal written delegations

containing dollar limitations and conditions.

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

Property Management, establishes contracting

[[Page 49326]]

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. All

ratification actions exceeding $2,500 shall be approved by the

Competition Advocate.

(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 that is 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. This

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

3(b))

PART 2002--DEFINITIONS

Subpart 2002.1--Definitions

Sec.

2002.100 Definitions.

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

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 the regulations 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 Public Law 98-369. The Director, Division of

Contracts and Property Management, 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 acquisitions 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, Division of

Contracts and Property Management, or designee pursuant to Section

1004(a) of Public Law 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 suspected violations of the gratuities clause.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; 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.

[[Page 49327]]

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 part 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 before filing a report are encouraged.

PART 2004--ADMINISTRATIVE MATTERS

Subpart 2004.4--Safeguarding Classified Information Within Industry

Sec.

2004.404 Contract clauses.

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

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

Subpart 2005.5--Paid Advertisements

Sec.

2005.502 Authority.

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

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

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; 42 U.S.C. 5841; 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 applies to:

(1) The noncompetitive award of contracts to organizations where

former NRC employees have dominant ownership interests in the

organization, such as partners or majority stockholders;

(2) The noncompetitive award of contracts to organizations where

former NRC employees have dominant management interests, such as

principal officers, or where the organization is predominantly staffed

by former NRC employees; and

(3) The noncompetitive award of contracts, task orders or other NRC

work assignments where the particular assignment is to be performed by

designated former NRC employees, including principal investigators, key

personnel, and others who will perform more than a nominal amount of

the work in question.

(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 relieves 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) Sec. 2052.209-70 Current/Former Agency Employee Involvement.

[[Page 49328]]

Subpart 2009.4--Debarment, Suspension, and Ineligibility

2009.403 Definitions.

As used in Sec. 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) through (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. (1) When a contracting officer

becomes aware of possible irregularities or any information which may

be sufficient cause for debarment, the contracting officer must first

submit a complete statement of facts (including a copy of any criminal

indictments, if applicable) and a recommendation for action to the Head

of the Contracting Activity. If the contracting officer's statement of

facts indicates misconduct on the part of the contractor in regard to

an NRC contract, the Head of the Contracting Activity will refer the

matter of misconduct to the Inspector General to determine if an

investigation is required prior to referring the case to the debarring

official.

(2) To the extent the Head of the Contracting Activity believes

that sufficient grounds for debarment exist, independent of any pending

investigation by the Inspector General, the Head of the Contracting

Activity shall immediately forward the case, without reference to any

pending investigation, and a recommendation for action to the Senior

Procurement Executive for review. In such circumstances, the Head of

the Contracting Activity will take no additional action in regard to a

specific matter of misconduct referred to the Inspector General prior

to consulting with the Inspector General.

(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. (1) When a contracting officer

becomes aware of possible irregularities or any information which may

be sufficient cause for suspension, the contracting officer must first

submit a complete statement of facts (including a copy of any criminal

indictments, if applicable) and a recommendation for action to the Head

of the Contracting Activity. If the contracting officer's statement of

facts indicates misconduct on the part of the contractor in regard to

an NRC contract, the Head of the Contracting Activity will refer the

matter of misconduct to the Inspector General to determine if an

investigation is required prior to referring the case to the suspension

official.

(2) To the extent the Head of the Contracting Activity believes

that sufficient grounds for debarment exist, independent of any pending

investigation by the Inspector General, the Head of the Contracting

Activity shall immediately forward the case, without reference to any

pending investigation, and a recommendation for action to the Senior

Procurement Executive for review. In such circumstances, the Head of

the Contracting Activity will take no additional action in regard to a

specific matter of misconduct referred to the Inspector General prior

to consulting with the Inspector General.

(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), 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 Sec. 2009.570, which takes precedence over FAR 9.5

with respect to organizational conflicts of interest. Where non-

conflicting

[[Page 49329]]

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

the regulations 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 the regulations in this chapter. This rule does not

apply to the acquisition of consulting services through the personnel

appointment process. NRC agreements with other Govern ment 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 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,

[[Page 49330]]

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

presently doing seismological studies 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 providing the same or similar services required under the

NRC's contract for an applicant or licensee.

[[Page 49331]]

(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 Sec. 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

transport 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. because 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.

Sec. 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 Sec. 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.

Sec. 2009.570-5 Contract clauses.

(a) General contract clause. All contracts and simplified

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

the clause entitled, ``Contractor Organizational Conflicts of

Interest,'' set forth in Sec. 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 Sec. 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.

Sec. 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 criteria of Sec. 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 Sec. 2009.570-

9.

Sec. 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 Sec. 2009.570-5, the contracting

officer shall take every reasonable action to avoid, eliminate, or,

[[Page 49332]]

after obtaining a waiver in accordance with Sec. 2009.570-9, neutralize

the effects of the identified conflict.

Sec. 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 Sec. 2009.570-4(b). The contracting officer

shall require the contractor to include contract clauses in accordance

with Sec. 2009.570-5 in consultant agreements or subcontracts involving

performance of work under a prime contract.

Sec. 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) The justification and approval documents for any waivers must

be placed in the NRC Public Document Room.

Sec. 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; 41 U.S.C. 418(b).

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

Sec. 2011.104-70 NRC Clauses.

(a) The contracting officer shall insert the clause at

Sec. 2052.211-70 Preparation of Technical Reports, when deliverables

include a technical report.

(b) The contracting officer shall insert the clause at

Sec. 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 that provide for issuing delivery

orders for specific products/services (line items).

(c) The contracting officer shall insert the clause at

Sec. 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. The

contracting officer shall use the clause at Sec. 2052.211-72 Financial

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

required.

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

2052.211-71, 2052.211-72, and 2052.211-72, Alternate 1 before issuing

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]

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; '41 U.S.C. 418(b).

Subpart 2014.2--Solicitation of Bids

Sec. 2014.201 Preparation of invitation for bids.

Sec. 2014.201-670 Solicitation provisions.

(a) The contracting officer may insert the provision at

Sec. 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 the provision at

Sec. 2052.214-71, Bidder Qualifications and Past Experience in IFBs on

an optional basis to fit the circumstances of the requirement;

(c) The contracting officer shall insert the provision at

Sec. 2052.214-72 Bid Evaluation in all IFBs. Paragraph(f) of this

provision is optional.

(d) The contracting officer shall insert the provision at

Sec. 2052.214-73 Timely Receipt of Bids in all IFBs.

(e) The contracting officer shall insert the provision at

Sec. 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.

Sec. 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.

PART 2015--CONTRACTING BY NEGOTIATION

Subpart 2015.2--Solicitation and Receipt of Proposals and Information

Sec.

2015.209-70 Solicitation provisions and contract clauses.

Subpart 2015.3--Source Selection Processes and Techniques

2015.300 Scope of subpart.

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).

[[Page 49333]]

Subpart 2015.2--Solicitation and Receipt of Proposals and

Implementation

2015.209-70 Solicitation provisions and contract clauses.

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

solicitations and contracts that are 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

Sec. 2052.215-72, Timely Receipt of Proposals in all solicitations;

(4) The contracting officer shall insert the provision at

Sec. 2052.215-73, Award Notification and Commitment of Public Funds in

all solicitations; and

(5) The contracting officer shall insert the provision at

Sec. 2052.215-74, Disposition of Proposals in all solicitations.

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

all solicitations 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

Sec. 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, must

be inserted in cost reimbursement solicitations and contracts which

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

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. 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 must 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 on review of the Source Evaluation

Panel's recommendation 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 these instances, the Designating Official may appoint

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

member. The Source Evaluation Panel should not exceed five members,

including the Chairperson except in unusual cases. 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 which all proposals are evaluated and are the basis

for the development of proposal preparation instructions in accordance

with FAR 15.304(b). The solicitation may indicate the relative

importance of evaluation factors and subfactors by assigning a

numerical weight to each factor. If a solicitation uses numerical

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

relative importance of factors that are not numerically weighted 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

[[Page 49334]]

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) An original and two copies of the unsolicited proposal as well

as 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.

(c) The Division of Contracts and Property Management shall enter

each unsolicited proposal into the unsolicited proposal tracking

system.

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. The letter will provide

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

6016.506-70 Contract provisions and clauses.

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; 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

Sec. 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

redetermined 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

Subpart 2017.2--Options

Sec.

2017.204 Contracts

Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; 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 if 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; 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.

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.

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; 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.''

[[Page 49335]]

2022.103-4 Approvals.

The agency approving official for contractor overtime is the

contracting officer.

Subpart 2022.9--Nondiscrimination Because of Age

2022.901-70 Contract provisions.

The contracting officer shall insert the provision found at

Sec. 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 Contract

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; 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 any patents, copyrights, or

royalties attained using any portion of the contract funds in writing.

(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 (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. The contract officer shall document the

official file with the resolution to protect the Government's rights

before 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 Sec. 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 is required to 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; 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; 41 U.S.C. 418(b).

Subpart 2031.1--Applicability

2031.109-70 Contract clauses.

The contracting officer shall insert the clause at Sec. 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; 41 U.S.C. 418(b).

Subpart 2032.4--Advance Payments for Non-Commercial Items

2032.402 General.

(a) The contracting officer has 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 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

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

Subpart 2033.1--Protests

2033.103 Protests to the agency.

Protests to the agency are first 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

[[Page 49336]]

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 under to the Contracts Disputes Act will be heard by

the Department of Energy Board of Contract Appeals (EBCA) under 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 provisions and contract clauses.

Subpart 2042.8--Disallowance of Costs

2042.803 Disallowing costs after incurrence.

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

Subpart 2042.570--Differing Professional Views (DPV)

Sec. 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 the 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 judgement is required to document these

concerns on matters directly associated with its performance of the

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

Resolving NRC Contractor Differing Professional Views, provides 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. 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

Sec. 2052.242-70, Resolving NRC Contractor Differing Professional

Views, in the body of cost reimbursement solicitations and contracts

for professional services, as appropriate. This clause may not be

altered by the contracting officer.

(b) The contracting officer shall include the clause at

Sec. 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

[[Page 49337]]

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

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

(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; 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 if the contracting officer, with the

advice of the agency property official determines 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.

Sec. 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), that

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 to the Chief, Property and Acquisition Oversight

Branch, Division of Contracts and Property Management.

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 experiences.

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.

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 differing professional views.

2052.242-71 Procedures for resolving differing professional views.

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

Subpart 2052.2--Text of Provisions and Clauses

2052.200 Authority.

2052.204-70 Security.

As prescribed at Sec. 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

[[Page 49338]]

classified information, including National Security information,

restricted data, formerly restricted data, and other classified data:

Security (Oct 1999)

(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 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 upon completion or termination of this contract.

(1) The contractor shall complete a certificate of possession to

be furnished to the Commission specifying the classified matter to

be retained if the retention is:

(i) Required after the completion or termination of the

contract; and

(ii) Approved by the contracting officer.

(2) 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 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. As used in this

clause, the term National Security Information 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. As used in this clause, the

term Restricted Data 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 under to Section 142 of the Atomic

Energy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data. As used in this

clause the term Formerly Restricted Data 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. 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 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 under the contract that

involves originating or generating classified documents, material,

and equipment must provide that the subcontractor or supplier assign

the proper 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 Sec. 2004.404(b), the contracting officer 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 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 be immediately

delivered to the Security Office for cancellation or disposition

upon the termination of employment of any contractor personnel.

Contractor personnel shall 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 Sec. 2009.105-70, the contracting officer shall

insert the following provision in all solicitations:

Current/Former Agency Employee Involvement Oct 1999

(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

[[Page 49339]]

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 a

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 Sec. 2009.570-4(b) and Sec. 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 Oct

1999

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 that

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)

Sec. 2052.209-72 Contractor organizational conflicts of interest.

As prescribed at Sec. 2009.570-5(a) and Sec. 2009.570-8, the

contracting officer must insert the following clause in all applicable

solicitations, contracts, and simplified acquisitions of the types

described; Sec. 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 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 section.

(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

[[Page 49340]]

(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 Sec. 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 before issuing 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 amending the solicitation.

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 Sec. 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 amending the

solicitation.

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 Sec. 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 before

issuing the solicitation or during competition by amending the

solicitation. Insignificant changes may also be made by the contracting

officer on a case-by-case basis during negotiation, without amending

the solicitation.

Financial Status Report (Oct 1999)

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 these types of

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 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 information 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

[[Page 49341]]

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. The

same information must 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 information

specified in paragraph (i)(2) of this clause.

(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 (Oct 1999)

As prescribed in Sec. 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 (Oct 1999)

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 these types of

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

information 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) 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. The

same information must 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 information

specified in paragraph (h)(3) of this clause.

(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.

(i) Travel status: List the starting and ending dates for each

trip, the starting point and destination, and the traveler(s) for

each trip.

(j) 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 Sec. 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) before 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 Sec. 2014.201-670(b), the contracting officer may

insert the following provision on an optional basis to fit the

circumstances of the invitation for bid.

Bidder Qualifications and Past Experience (Oct 1999)

(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

[[Page 49342]]

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 Sec. 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 for 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 in the bid, no

additional charge will be allowed for work performed under the

contract other than the unit prices stipulated for each 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. If requested by the

Commission, the prospective contractor may also 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 section, 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 (Oct 1999)

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. The 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)

2052.214-74 Disposition of bids.

As prescribed at Sec. 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 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 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 Sec. 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 section.

(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 con currence 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 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 Sec. 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 (Oct 1999)

(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

[[Page 49343]]

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, approve

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 defined in paragraph (c) of this section, 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 that 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 to the instruction or direction is subject to

Sec. 52.233-1--Disputes.

(i) In addition to providing technical direction as defined in

paragraph (b) of the section, 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 (Oct 1999)

As prescribed at Sec. 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 (Oct 1999)

(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 changes in

requirements to the contracting officer.

(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 (Oct 1999)

As prescribed at Sec. 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 Sec. 2015.209-70(a)(3), the contracting officer

shall insert the following provision in all solicitations:

Timely Receipt of Proposals (Oct 1999)

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. The 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 Sec. 2015.209-70 (a)(4), the contracting officer

shall insert the following clause in applicable solicitations:

Award Notification and Commitment of Public Funds (Oct 1999)

(a) All offerors will be notified of their exclusion from the

competitive range in accordance with FAR 15.503(a)(1). Under 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).

(b) 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 before

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 Sec. 2015.209-70(a)(5), the contracting officer

shall insert the following provision in all solicitations:

[[Page 49344]]

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 Sec. 2015.209-70(b)(1), the contracting officer

may insert the following provision in applicable negotiated

procurements for cost type solicitations. This clause may be tailored

to each procurement and solicitation evaluation criteria by the

contracting officer to fit the circumstances of the procurement.

Proposal Presentation and Format (Oct. 1999)

(a) Information submitted in response to this solicitation must

be typed, printed, or reproduced on letter-size paper and each copy

must be legible. All information provided, including all resumes,

must be accurate, truthful, and complete to the best of the

offeror's knowledge and belief. The Commission will rely upon all

representations made by the offeror both in the evaluation process

and for the performance of the work by the offeror selected for

award. The Commission may require the offeror to substantiate the

credentials, education, and employment history of its employees,

subcontractor personnel, and consultants, through submission of

copies of transcripts, diplomas, licenses, etc.

(b) The offeror shall submit the following material which

constitutes its offer, as defined by FAR 2.101, in two separate and

distinct parts at the date and time specified in * of the

solicitation for receipt of sealed offers.

(1) Part 1--Solicitation Package/Offer. Two (2) original signed

copies of this solicitation package/offer. All applicable sections

must be completed by the offeror.

(2)

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