ML20011A144

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Excerpts from Documents Re NRC Policy & Procedures for Handling & Safeguarding Confidential Business Info
ML20011A144
Person / Time
Issue date: 07/20/1981
From:
NRC
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Shared Package
ML20011A143 List:
References
FOIA-81-253 NUDOCS 8110070415
Download: ML20011A144 (19)
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48.

D10CLO",URE OF INFORMATION (9-7.5004-22)

(a) _ lt la mutually expected that the activities under this contract will not involve Restricted Data, or other classified Information or material.

It is understood, however, that if in the or% ion of either party this expectatton changes prior to the expiration or termLnat on of all activities under this contract,: said party' shall notify the other party accordingly in writing with-out delay.

In any event, the contractor shali classify,' safeguard, 4.nd other -

vise act with respect to all Restricted Data and other classified information and sisterial, in accordance with applicable law and the requirements of the Connaission, and shall promptly inform the Commission in eriting if and when Restricted Data or other classified information or material becomes involved.

If and when Restricted Data or other classified information or material becomes involved, or in the mutual judgment of the parties it appears likely that Restricted Data or other classified' information may become involved, the con-tractor shall have the right to terminate performance of the work under this contract and in such event the provisions of this contract respecting term-inntion for the convenience of the Covernment shall apply.

(b) The contractor shall not permit any individual to have access to 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.

(c) he term " Restricted Data" as used in this article met.ns all data concerning the design, manuf acture, or utilization of atomic weapons, the production of special nucicar material or the use of special nuc1* ear material in the produs. tion of energy, but shall not include data declassified or removed frein the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.

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. Pk1VIATE USE OF CONTRACT INFORMATION AND DATA (9-7.5006-59) 49 Except as specifically authorized by this contrac

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approved by the Contracting Of ficer, information and othe.t ata developed or acquired by or furnished the contractor in the performance of this contract, shall be used only in connection with the work under this contract.

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. event as the Contracting 0f ficer shall direct upon complet ion or terminat ion of l

this contract. The contractor's right'nf retention and une shall be nub.leci lo the pecurity,. potent, and une of information provin tons, i f any, of t hin

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51.. CONTRACTOR PROCUKEMENT (9-7.5006-29) -

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, (a), The' Commission reserves the right at any time to require that the

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E contractor submit for approval any or all procurements under this contract.

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y The contractor shall not procure any, item whose purchase is expressly pro-Eo c

hibited by the written direction of the Commission and shall use such special l

-and directed ' procurement sources as ramy be expressly required by the Commission..

The contractor shall, if requested by the Contracting Of ficer, provide in-

' formation concerning procurement methods, practices, and procedures used or -

proposed-to be used and shall use methods, practices, and procedures which are l_

acceptable to the Commission.

Procurement arrangements under this contract shall not relieve the-contractor.of any obligation under this contract (in-l cluding, among other things, the obligation to properly supervise, administer, l

and coordinate the work of subcontractors) and shall be in such form and i

contain such provisions a's ara required by this contract or as the Commission may. prescribe.

(b) Procurement or transfer of equipment, materials, supplies, or services from a contractor-controlled source (any division or other organ-izational component of the prime contractor (exclusive of the contracting component)- and any subsidiary'or affiliate of the contractor under a common control) shall be considered a procurement for the purposes of this article.

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.52.

FOREIGN TRAVEL l

Foreign travel shall be subject to prior approval of the Contracting Officer for each trip regardless of whether funds for such travel are approved.

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.The Contractor shall complete NRC Form 445 and submit it to the Contracting i-

Of ficer for processing prior to travel. The Contracting Officer shall when appropriate brief the Contractor concerning any international and internal Connission relationships.which should be cc esidered.

Foreign travel is any travel outside of Canada and the United States including its territories and possessions.

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SOVIET-BLOC' CONTROLS (9-7.5006-53 MODIFIED) y

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committing the Government to a courJe of action with regard to a 7

potential contract, contract change, claim, or dispute, 11.

DISPOSITION OF PROPOSALS After award of contract, two (2) copies of each unsuccessful proposal will be retained by NRC's Division of Contracts and unless return of proposals is requested by the offeror upon submission of proposal, all other copies will be destroyed.

This notification should appear in any cover letter accompanying the proposal.

12.

NOTICE OF PROPRIETARY INFORMATION a.

Notice of Proprietary Information - Offerors are advised that thcse portions of the Proposal which are considered to be propri-etary shall be so identified.

In the event the offeror Nis to indicate on the title page _and each sheet of the proposal waat portions of the proposal are proprietary, the NPC assumes no liability for disclosure or use of unmarked technical data and inay use or disclose such data for any purpose.

The clause set forth in paragraphs b. and c., below, should be utilized by the offeror in marking his proposal.

b.

Use and Disclosure of Data - Freedom of Information Act Requests "This data shall not be disclosed cutside the uuvernment and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided that if a contract is awarded to this offeror as a result of or in connection with the subcission of this data, the Government shall have the right to duplicate, use or disclose the daca to the extent pro"ided in the contract.

This restriction does not limit the Government's right to use information contained in the data if it is obtainable from another source without restriction.

The data subject to this restriction is contained in sheets Our failure to mark the proposal with a legend or otherwise identify and restrict the disclosure and use of data in the proposal shall be interpreted by the NRC as an acknowledgment that the contents of the Technical Proposal may be released, disseminated, or otherwise disclosed by the NRC persuant to a Freedom of Information Act request."

c.

Moreover, each sheet for which the offeror desires to restrict disclosure shall be marked with the followino legend:

"Use or disclosure of proposal data is subject to the restr!ction on the title page of this proposal. I claim that information contained herein is proprietary and shall not be disclosed by the NRC in accordance with Exemption 4 of the Fre,edom of Infonnation Act."

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ARTICLE

- PRIVATE USE AND PROTECTION OF UNCLASSIFIED GOVERNM A.

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records or other information, documents and material furnished by the Connission to the contractor in the performance of this contract, or information developed by the contractor in the course of the work hereunder, shall be used only in connection with the work performed under this contract.

The contractor shall, upon completion or termination of this contract, transmit to the Commission all records or other information, documents and material, and any copies thereof, furnished by the Commission to the contractor or developed by the contractor in the' performance of this contract.

B.

The contractor shall be responsible for safeguarding from unauthorized dis-closure any information or other documents and material exempt from public disclosure by the Commission's regulations and made available to the con-tractor in connection with the performance of work under this contract.

The contractor agrees to conform to all regulations, requirements, and directions of the Commission with respect to such material.

C.

The contractor's duties under this clause shall not be construed to lim or affect in any way the contractor's obligation to conform to all security regulations and requirements of the Commission pertaining to classified information and material.

ARTICLE

- KEY PERSONNEL pursuant to this ARTICLE (Key Personnel), the following individuals are considered to be essential to the successful performance of the work hereunder and shall not be replaced without the prior approval of the Contracting Officer.

and qualifications satisfactory to the Contracting Officer.the con In such event, ARTICLE

- TECHNICAL DIRECTICH A.

Performance of the work under this contract shall be subject to the tech-nical direction of the NRC Project Officer named in ARTICLE of this contract. 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, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the con-tractual scope of work.

2.

Providing assistance to the contractor in the preparation of drawings, specifications or technical portions of the work description.

3.

Review and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the contractor to the Goverraent under the contract.

  • Ta be incorporated i tn o any resultant contract.

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6 ARTICLE

- CONFLICT OF INTEREST

-(a) Purpose.

that the contractor:.The primary purpose of this article is to aid in ensuring l(1) is not pla~ced in a conflicting role because of current or planned

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interest (financial, contractual, organizational, or otherwise) which relates 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 herein shall apply to performance 1

g or participation by the' contractor as defined in 41 CFR 820-1.5402(f) in the i

activities covered by this article.

.(c). Work for others.

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 who are. employed full time under this contract and employees designate as key personnel, if any. under this contract abide by the provision of this article.

that any proposed consultant or other contractual arrangem organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the Contracting Officar prior to execution of such contrac+9a1 arrangement.

'(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, it does not have any organizational conflicts of interest, ~as defined in 41 CFR 520-1.5402(a).

(2) The~ contractor agrees that if after award it discovers organiza-tional conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer.

This statement shall 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 for convenience if it deems such termina-tion to be in the best interests of the government.

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< (e) Access to and use of information.

(1)

If the Contractor in the performance of this contract obtains access to information, such as NRC olans, policies, reports, studies, financial plans, internal data protected by the privacy Act of 1974 (Pub. L.93-579), or data which has not been d

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released to the public, the contractor agrees not to:

(1)use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this cor, tract or the release of such information to the public, whichever is first.

(iii) submit an unsolicited proposal to the government based on such information until one year after the release of such infor-mation to the pubitc, or (iv) release the information without prior written approval by the Contracting Officer unless such 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 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.,

(3) The contractor shall have, subject to patent and security provi-sions of this contract, the right to use technical data it produces under this contract for private purposes provided that all require-ments of this contract have been met.

(f) Subcontracts.

Except as provided in 41 CFR li20-1.5402(h), the contractor shall include this article, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and " Contracting Officer "

snail be appropriately modified to preserve the government's rights.

(g) Remedies.

For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall be directed in writing through the Contracting Officer to the Executive Director for Operations (EDO) in accordance with the procedures outlined in 620-1.5411.

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/ ARTICLE CLASSIFICATION I~

In the performance of the work under this contract, the contractor shall assign classifications to all documents, material, and equipment originated or generated by the contractor in accordance with classification guidance furnished to the l

contractor by the Commission.

Every subcontract and purchase order issued here-f under involving the origination or generation of classified documents, material, or equipment, shall include a provision to the effect that in the performance of 1'

such subcontract or purchase order, the subcontractor or supplier shall assign classifications to all such documents, material, and equipment in accordance with classification guidance furnished to such subcontractor or supplier by the contractor.

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PART 20-1 -- GENERAL Subpart 20-1.ii4--Contractor' Organizational Conflicts of lnterest

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Sec.

8 20-1.5401 Scope and policy.

20-1.5402.

Defini tions.

20-1.5403 Crit rf n for recognizing contractor organizational conflicts of tribrest.

20-1.5404 Representation.

20-1.5405 Contract clauses.

20-1.5405-1 General contract clause.

20-1.5405~2 Special contract provisions.

20-1.5406 Evaluation, findings, and contract award..

20-1.5407 Conflicts identified after award.

20-1.5408 (Reserved) 20-1.5409 (Reserved) 20-l'.5410 Subcontractors.

20-1.5411 Waiver.

20-1.5412 Remedies.

AUTHORITY:

Sec. 8, Pub. L.95-601, adding Sec. 170A to Pub. L.

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83-703, 68 Stat. 919, as amended (42 U.S.C. ch. 14) 520-1.5401 Scope and Policy 1

(NRC)(a) It is the policy of the U.S. Nuclear Regulatory Comission 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 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 so as 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 4

identify and resolve all of the contractor conflict of interest situations which might arise; however, examples are provided in these regulations j

to guide application of the policy.

NRC contracting and program officials must be alert to other situations which may warrant application of this policy guidance. The ultimate test is: 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 g

relatrienships with NRC (e.g., parties to a licensing proceeding) are not I

s covered by this regulation.

This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC

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7590-01 agreements with other govbrnment agencies, international organizations.

. or state, local or foreign governments, e, vata procedures for avoiding conflicts of interest will be employed in such agreements, as appropriate.

120-1.5402 Definitions

-(a)

" 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 apacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or ('>) may result in its being given an unfair competitive advantage.

(b)

"Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.

(c)

  • Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.

(d)

" Technical consulting and management support services" means internal assistance to a component of the NRC in the fomulation or administration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made available to the public or prop.detary information.

Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.

(e') " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in Section 20-1.5401(c).

(f)

" Contractor" means any person, firm, unincorporated association, joint venture, co-spongor, partnership, corporz 'en, affiliates thereof, or their successors in interest, including the'ir chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which is a party to a contract with the NRC.

(g)

" Affiliates" means business concerns which are affiliates of each other when eithe? directly or indirectly one concern or individual

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controls or has the power to control another, or when a thira party controls or has the power to control both (41 CFR 51-1.606-1(e)).

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,(h)' " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcont:racts for supplies and subcontracts in amounts of $10,000 or less.

(i)

" prospective contractor" or "offerar" means any pernn, firm, unincorporated association, joint venture, partnership, corporttion, or affiliates thereof, including its chief executive, directors, key personnel e

(identified in the proposal), proposed consultants, dr subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.

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(j)

" Potential conflict of interest" means that a factual situation exists that suggests (. indicates) that an actual conflict of interest may

-arise from award of a pruposed contract.

The tdnn " potential conflict of interest" is used to signify those situations which merit investigation prior to contract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.

I20-1.5 C Criteria for recognizing contractor organizational conflicts of interest (a). General.

Two questions will be asked in determining whether actual on potential organizational conflicts of interest exist:

(1) Are there conflicting roles which might bias a contractor's judgment in relation to its work for the NRC7 (2) May the contractor be given an unfair competitive advantage based on the performan:e of the contract?

The ultimate determination by NRC as to whether organizational conflicts of interest exist will be made in light of connon sense and good business

- judgment based w on the relevant facts disc:osed and the work to be perfonned. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various si* tations or relationships 3

which might involve potential organizational conflicts of interest, NRC perscnnel will pay particular attention to proposed contractual requirements which call for the rendering of advice, consultacion or evaluation activities, or similar activities that lay direct groundwork for the NRC's decisions on regulatory act W ties, future procurements, and research programs.

(b)

Situations or relationships which may give rise te organiza'.fonal conflicts of interest.

(1) The offeror or contractor shall disclose infonnation concerning relationships which may give rise to organizational conf'icts of interest under the following circumstances:

(i) Where the offeror or contractor provides advice and recommendations to the NRC in a technical area in which it is also providing consulting assistance in the same area to any organization regulated by the FRC.

(ii) Where the offeror or contractor proeides advice to the NRC on the same or similar matter in which it is also providing assistance to any organization regulated by the NRC.

(iii) Where the offeror or contr1ctor evaluates its own products or services, or the products or services of another entity where the offeror

, or contractor has been substantially involved in their development or marketing.

(iv) Where the award of a contract would otherwise 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 may otherwise result in an unfair competitive advantage for the offeror or contractor.

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7-C 7590-01 i -

(2) The contracting officer may request specific information from an offeror or contractor or may require special contract provisions such as provided in 520-1.5405-2 in the following circumstances:

(1) Where the offeror or contractor prepares specifications which are to be used in competitive procurements of products or services covered by such specifications.

(11) Where the offeror or contractor prepares plans for specific approaches or methodologies that are to be 11corporated into competitive procurements using such approaches or methouologies.

(iii) Where the' offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs which 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 otherwise result in placing the offeror or contractor in a conflicting role in which its judgment be biased in relation to its work for the NRC or may otherwise may' ult in an unfair competitive advantage for the offeror or contractor.

res (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) Example.

The XYZ Cor-).

in response to a request for proposal (RFP), proposes to

, undertake certain analyses of a reactor component as called for in the RFP. The XYZ Corp. is one of several companies considered to be technically well qualtr'ied.

In response to the inquiry in the RFP, the XYZ Corp.

advises that it is currently performing similar analyses for the reactor man::facturer.-

Guidance. An NRC contract for that particular work normally would not be awarded to the XYZ Corp. because it would be placed in a position j

in which its judgment could be biased in relationship to its work for NRC. Since there are other well-qual'fied companies available, there would be no reason Dr considering a waiver of the policy.

(2) Example. The ABC Corp., in response to a RFP, proposes to perform certain analyses of a reactor component which are uniqua 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 qualif te.d

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company to perform the work outlined in the RFP.

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7590-01 Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict"of interest exists which would motivate bias with respect to the work. An appropriate clause would be included in H

the contract to preclude the ABC Corp from subsequently contracting for work dur,ing the performance of the NRC contract with the private sector which could create a conflict.

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)

Example. As a result of operating problems in a certain type of commercial nuclear facility, it is imperative that NRC secure specific data on various operational aspects of that type of plant so as to assure adequate safety protection of the public.

Only one manufacturer has extensive experience with that type of plant.

Consequently, that company is the only one with whom NRC can contract which can develop and conduct the testing programs required to obtain the data in reasonable time. That company has a definite interest in any NRC decisions that might result from the data produced because those decisions affect the reactor's design and thus the company's costs.

. Guidance. This situation would place the manufacturer in a role in which its judgment could be biased in relationship to its work for NRC.

Since the nature of the work required is vitally important in terms of NRC's responsibilities and no reasonable alternative exists, a waiver of the policy may be warranted.

Any such waiver shall be fully documented and coordinated in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.

(4)

Example.

The ABC Co. submits a propo3al for a new system for 4

evaluating a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Co.

has advised 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.

Guidance. A contract could be awarded to the ABC Co. provided that the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless such information has been reported to_ NRC. Information which is reported to NRC by contractors will normally be disseminated by NRC to others so as to preclude an unfair competitive advantage that might othe wise accrue. When NRC furnishes information to the contractor for the performance of contract work, it shall not be used in the contractor's private activities unless such 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 under the contract is proposed to be used.

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7590-01 (5)

Example.

The ABC Corp., in respcase to a RFP proposes to assemble a; pap showing certain seismological features of the Appalachian fold belt.

In accordance with the representation in the RFP and 5 20-1.5403(b)(1)(1), 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 NEC study.

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.

The work for others clause of 5 20-

-1.5405-1(c) would preclude ABC Corp. from accepting work during the term of the NRC contract which could create a conflict of interest.

(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 such 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 i

olved, or that a contract is awarded 'on a competitive or-a sole source basis.

520-1.5404 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.

(b)

Representation procedure.

The following organizational conflicts of interest representation provision shall be included in all solicitations and unsolicited proposals 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 tile resulting contract.

This representation requirement shall also apply 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 provision has previously been submitted with regard to the contract being mooified, only an updating of such statement shall be required.

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7590-01 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION I. represent to the best of my knowledge and belief that:

The award to of a contract or the modification of an

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existing contract does ( ) or does not ( )

nvolve situations or relationships of the type set forth in 41 CFR $ 20-1.5403(b)(1).

(c)

Instructions to offerors.

The following shall be included in all NRC solicitations:

(1) If the representation as completed indicates that situations or relationships of the type sec forth in 41 CFR 5 20-1.5403(b)(1) are involved, or the contracting officer otherwise determines that potential organizational conflicts exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant facts bearing on his representation to the contracting officer.

If the contracting officer detennines that organizational conflicts exist, the following actions may be taken:

(1) Impose appropriate conditions which avoid such conflicts (ii) disqualify the offeror, or (iii) determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 520-1.5411.

(2) The refusal to provide the represeatation required by 5 20-1.5404(b) or upon request of the contracting officer the facts required by sEC-1.5404(c), shall result in disqualification of the offeror for award.

The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award; or if such nondisciosure or misrepresentation is discovered after award, the resulting contract may be terminated.

The offeror may also be disqualified from subsequent related NRC contracts and be subject to such other remedial actions provided by law or the resulting contract.

(d) The offeror may, because of actual or potential organizational conflicts of interest, propose to exclude specific kinds of work from the statements of work contained in a RFP unless the RFP specifically prohibits such 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 work to the detriment of the competitive posture of the other offerors, the proposal must be rejected as unacceptable.

(e)

The offeror's failure to execute the representation required by subsection (b) above with respect to invitation for bids will be considered to be a minor informality, and the offeror will be permitted to correct the omission.

I 20-1.5405 Contract clauses 3

.s 20-1.5405-1 General contract clause

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1 All contracts of the -types ' set forth in 520-1.'5404(b)shallinclude the following clauses:.

j (a)

Purpose.

The primary purpose of this clause is to aid in U

ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) 4 does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

I (b)

Scope.

. The restrictions d'escribed herein shall apply to

' performance or participation by the contractor as defined in 41 CFR 5 20-1.5402(f) in-the actitities covered by this clause.

E (c) Work for others.

Notwithstanding any other provision of this

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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 l

of interest with respect to the work being performed under this contract.

The contractor shall ensure that all employees who are employed full time under this contract and employees designated as key personnel, if j

any, under this contract abide by the provision of this clause.

If the contractor believes with respect to itself or any such 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 prior to execution of such contractual arrangement.

(d)

Disclosure after award.

(1) The contractor warrants that to the best of _its knowledge and belief and except as otherwise set forth 1

in thi: contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).

(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an imediate and full disclosure in writing to the contracting officer.

This statement shall 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, tenninate the contract for convenience if it deems such termination to be in the best interests of the government.

i (e). Access to and.use of information.

(1) If the contractor in the performance of this contract obtains access to information, such as

.NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not.been released to the public, the contractor agrees not to: (1) Use l

. such information for any(private purpose until the information has been released to the public; ii) compete for work for the Comission based I

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public, whichever is first, (iii) submit an unsolicited proposal to the government based on such information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such information has prsviously 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 o'f 1974 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat.such information in accordance with restrictions placed on use of-the information.

(3)

The contractor shall have, subject to patent and security provisions of-this contract, the right to -

'*%ical 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 41 CFR 520-1.5402(h), the

-contractor shall include this ' clausa, including this paragraph, in subcontracts of any tier.

The terms " contract." " contractor," and

" contracting officer," shall be ap;:fopriately modified to preserve the government's rights.

(g)

Remedies.

For breach of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the coatract for default, disqualify the contractor from subseq::ent contractual efforts, and pursue other remedies as may be permitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in 520-1.5411.

520-1.5405-2 Special contract provisions.

(a)

If it is determined from the nature of the proposed contract that organizational conflicts of interest exist, the contracting officer may determine that such conflict can be avoided or after obtaining a waiver in accordance with $20-1.5411, neutralized through the use of an appropriate special contract provision.'

If appropriate, the offeror may

. negotiate the terms and conditions of these clauses, including the extent and time period of any such restriction. These provisions include but are not limited to:

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Hardware exclusion clauses which prohibit the acceptance of production contracts following a related nonproduction contract previously performed by the contractor; (2)

Software exclusion clauses; (3)

Clauses which require the contractor (and certain of his 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.

(b)

The following additional contract clause may be included as section (i) in the clause set forth ins 20-1.5405-1 when it is determined that award of a follow-on contract would constitute an organizational conflict of interest.

(i)

Follow-on effort.

(1) The contractor shall be ineligible to

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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 s directed in writing by the contracting officer,' the contractor shall 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 such products or services.

(2)

If the contractor under this contract prepares a complete or

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essentially complete statement of work or specifications, the contractor shall be ineligible to perform or participate in the initial contractual effort which is based on such statement of work or specifications.

The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply.

(3)

Nothing in this paragraph sha'i preclude che contractor fr m offering or selling its stardard commercial items to the governn.ent.

5 20-1.5406 Evaluation, findings, and contract award The contracting officer will evaluate all relevant facts submitted by an offeror pursuant to the representation requirements of 520-1.5404(b) and other relevant information.

After evaluating this information against the criteria ofj 20-1.5403, a finding will be made by the contracting officer whether organizational conflicts of interest exist with respect to particular offeror.

If it has oeen determined that conflicts of interest exist, then tne c'entracting officer shall either:

(a) Disqualify the offeror from award, s

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cts by appropriate measures; or (c) Award the contract under the waiver provision of 520-1.5411.

520-1.5407 Conflicts identified after award.

e If potential organizational conflicts of interest are identified after award with respect to a particular contractor, the contracting cfficer determines that such conflicts do, in fdct, exist and that it would not be in the best interests of the government to terminate the contract as provided in the clauses required by 520-1.5405, the contracting officer will take every. reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with 5 20-1. 5411,

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Aiize the effects of the identified conflict.

J20-1.5408 (Reserved) 520-1.5409

, Reserved)

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520-1.5410 Subcontracts The contractirg officer shall require offerors and contractors to submit a represenrotion statement in accordance with ! 20-1.5404(b) from subcontractors and consul; ants.

The contracting officer shall require the contractor to incl"ae contract clauses in accordance with 5 20-1.5405 in consultant agreements or subcontracts involving pert'ormance of work under a prime contract covered by this subsection.

520 1,54;l Waiver In the first instaace, determination with respect to the need to seek a waiver for specific contract awards shall be made by the contracting afficer with the advice and concurrence of the program office director and the Office of Ep.ecutive Legal Director.

Upon the recommendation of the contracting officer, and after consultation with the Office of the General Counsel, th? ED0 may waive tr a policy in specific cases if he determines that it is in the best interest of the United States to do 50.

Such action s;.all be strictly limited to those situations in which:

(1) The work to be performed under contract is vital to the NRC program; (2) the work cannnt be satisfactorily performed except by a contractor whose interests give rise to a question of conflict of interest; and (3) contractual and/or technical review and supervision methods can be employed by NRC to neutralize the conflict.

For any such -divers, the justification and approval accumer.ts shall be placed in ae Public Dncument Room.

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7590-01 520-1. 5412 Remedies In addition to such other remedies as may be 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 flRC may debar the contractor from subsequent NRC contracts.

Dated at Washinaton. 0.Cthis 27th day of March 1979.

For the fluclear Regulatory Commission 3

A cwd%%g Samuel

. Chilk e

Secretary of the Commission

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7 1.13 Order of Precedence In the event of an inconsistency between provisions of this contract, the inconsistency shall be resolved by given precedence in the following order:

(a) the Schedule; (b) the Statement of Work; (c) the General Provisions; (d) other provisions of the contract, whether incorporated by reference or otherwise; and (e) the contractor's technical proposal, if incorporated in the contract by reference or otherwise.

1.14 Stop Work Order (a) The Contracting Officer may, at any tinie, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90) days a'f ter the order is delivered to the Contractor, and for any further period at which the parties may agree.

Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause.

Upon receipt of such an order, the Contractor shall forthwith comply with it: tenas and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of ninety (90) days after a stop work order is delivered to the Conttactor, or within any extension of that period to which the parties shall have agreed, the Contractor Officer, shall either:

(i) cancel the stop work order, or (ii) terminate the work covered by such order as provided in the

" Default" or the " Termination for Convenience" clause of this contract.

(b) If a stop work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work.

An equitable adjustment shall be made in the delivery schedule, the estimated cost, the fee, or a combination thereof, and the contract shall be modified in writing accordingly, if:

(i) the stop work order results in on increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract, and (ii) the Contractor asserts a claim for such adjustment within thirty-(30) days after the end of the period of work stoppage; provided that, if the Contracting Officer cecides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract.

(c) If a stop work order is not cancelled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement.

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8 (d) If a stop work order is not cancelled and the work covered by such order is terminated for default, the reasonable costs resulting from, the stop work order shall be allowed by equitabic adjustment or otherwise.

    1. 1.15 Contractor Organizational Conflicts of Interest - Definitions (41 CFR 20-1.5402)

(a) " 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 ps. formed 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.

(b) "Research" means any scientific or technical work involving theoretical analysis, exploration, or experimentation.

(c) " Evaluation activities" means any effort involving the appraisal of a technology, process, product, or policy.

(d) " Technical consulting and management support services" means internal assistance to a component of the NRC in the formulation or admini-stration of its programs, projects, or policies which normally require the contractor to be given access to information which has not been made avail-able to the public or proprietary information.

Such services typically include assistance in the preparation of program plans; and preparation of preliminary designs, specifications, or statements of work.

(e) " Contract" means any contract, agreement, or other arrangement with the NRC except as provided in S 20-1.5401(c).

(f) " 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 is a party to a contract with the NRC.

(g) " 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 pow r to control both (41 CFR 1-1.603-1(e)).

(h) " Subcontractor" means any subcontractor of any tier which performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts of $10,000 or less.

(i) " Prospective contractor" or "of feror" means any person, firm, unincorporated association, joint venture, partnership, corporation, or afflitates thereof, including its chief executive, directors, key personnel (identified in the proposal), proposed consultants, cr subcontractors, sub-mitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a

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(j) " Potential e iflict of interest" means that a factual =ituation exists that suggests (indicates) 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 whicn merit investigation prior to con-tract award in order to ascertain whether award would give rise to an actual conflict or which must be reported to the contracting officer for investigation if they arise during contract performance.

,/1.16 Contractor Organizational Conflicts of Interest - General Contract Clause - (41 CFR 20-1.5405-1)

(a) Purpose.

The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed on a conflicting role because of current or planned interest (financial, contractual, organizational, or other-wise) 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 herein shall apply to performance or participation by the contractor as defined in 41 CFR S20-1.5402(f) in the activities covered by this clause.

(c) Work for Others.

Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forgo entering into consulting or other contractual arrangements wm 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 who are employed full time under this contract and employees designated as' key personnel, if any, under this contract abide by the provision of this clause.

If the contractor believes with respect to itself or any such employee that any proposed consul. tant 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 prior to execution of such contractual arrangement.

(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, it does not have any organizational conflicts of intarest, as defined in 41 CFR 20-1.5402(a).

(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 shall 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 for convenience if it deems such termination to be in the best interests of the government, j

(e) Access to and use of information.

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(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, finhncial plans, internal-data protected by the Privacy Act of 1974 (Pub. L.93-579), or

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data which has not been released to the public, the contractor agrees not to:

(1) Use such information for any private purpose until the information has been released to the public; (ii) compete for work for the Commission based on such information for a period of six (6) months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an unsolicited proposal to the government based on such

-information until one year after the release of such information to the public, or (iv) release the information without prior written approval by the contracting officer unless such 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 (Pub. L.93-579), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.

(3) The centractor shall have, subject to patent and security provisions of this contract, the right to use tachnical data it produces under this contract for private purposes provioed that all requirements of this contract have been met.

5 (f) Subcontracts.

Except as provided in 41 CFR 20-1.5402(h), the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms " contract," " contractor," and " contracting officer," shall be appropriately modified to preserve the government's. rights.

(g) Remedies.

For breach'of any of the above proscriptions or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.

(h) Waiver. A request for waiver under this clause shall be directed in writing through the contracting officer to the Executive Director for Operations (E00) in accordance with the procedures outlined in S20-1.5411.

1.17 Dissemination of Contract Information i

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Failure to comply with this clause shall be grounds for termination of this contract.

/1.18 Private Use of Contract Information and Data Except as otherwise specifically authorized by Provision No. 1.17, publication of contract work of this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished the contractor in the performance of this contract, shall be used only in connection with the work under this contract.

! 1.19 Drawings, Designs, and Specifications

-All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, find-ings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the work or any part thereto, shall be subject to inspection by the Commission at all reasonable times (for which inspection the proper facilities shall be afforded the Commission by the contractor and its subcontractors), shall be the property of the Government and inay be used by the Government for any purpose whatsoever without any claim on the part of the contractor and its subcontractors and vendors for additional compensation and shall, subject to the right of the contractor to retain a copy of said material for its own use, be delivered to the Government, or otherwise disposed o.f by the contractor cif.her as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.

The contractor's right of retention ar.d use shall be subject to the security, patent, and use of information provisions, if any, of this contract.

/1.20 Proprietary Data and Confidential Information 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 (P.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.

Contractor agrees to hold such information in confidence and not to directly or indirectly duplicate, disseminate, or disclose such information in whole or in part to any other person or organization except as may be necessary to perform the work under this contract.

Contractor agrees to return such irforma-tion to the Commission or otherwise dispose of it either as the Contracting Officer may from time to time direct during the progress of the work or in any event as the Contracting Officer shall direct upon completion or termination of this contract.

Failure to comply with this clause shall be grounds for

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1.21 Privacy' Act Notification (1-1.327-5(b))

This procurement action requires the contractor to do one or more of the following:

design, develop, or operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Pobile Law 93-579, December 31, 1974 (5 U.S.C 552a) and applicable agency regulations.

Violation of the Act may involve the imposition of criminal enalties.

1.22 Priv3cy Act (1-1.327-5(c))

(a) The contractor agreest (1) To comply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, development, or operation of any system of records on individuals in order to accomplish an agency function when the contract specifically identifies (i) the system or systems of records and (ii) the work to be performed by the contractor in terms of any one or coabination of the following:

(a) design, (b) development, or (c) operation;

2).to include the solicitation notification contained in this contract in W ry solicitation and resulting subcontract and in every subcontract awarded wi h ut a solicitation when the statement of work in the proposed subcontract requires.the design, development, or operation of a system of records on individuals to accomplish an agency function; and-(3) to include this clause, including this paragraph (3), in all subcontracts awarded pursuant to this contract which require the design, development, or operation of such a systen. of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved where the violation concerns the design, develop-ment, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency where the violation concerns the operation of a system of~ records on individuals to accomplish an agency function.

For purposes of the Act when the contract is for the operation of a system of records on individJals to accomplish an' agency function, the contractor and any employee of the contractor is considered to be an employee of the agency.

(c) The terms used in this clause have the following meanings:

(1) " Operation of a system of records" mu.ns performance of any of the activities associated with maintaining the system of records including the collection, use, and dissemination of records.

. (2) " Record" means any item, collection, or grouping of information 3

about an individual that is maintained by an agency, including, but not limited 4

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(3) " System of records" on individuals means a group of any records under the control of any agency from which information is retrieved by the f

name of the individual or by some identifying number, symbol, or other p

identifying particular assigned to the individual.

J PERFORMANCE PROVISIONS NO. 2.0 2.1 Permits Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary permits or licenses and abide by all applicable laws, regu M ions, and ordinances of the United States and of the State, territory, and political subdivision in which the work under this contract is performwl.

2.2 Safety, Health, and Fire Protection The contractor shall take all reasonable precautions in the performance of the work under. thh contract to protect the health and safety of sployees and of members of the public and to minimize danger from all hazards to life

,and property and shall' comply with all health, safety, and fire protection regulations and requirements (including reporting requirements) of the Com-mission and the Department of Labor.

In the event that the contractor fails to comply with said regulations or requirements, the Contracting Officer L, without prejudice to any other legal or ' contractual rights of' the f

Commission, issue an order stopping all or any part of the work; thereafter, a start order for resumption of work may be issued at the discretion of then Contracting Officer.

The contractor shall make no claim for an extension ol' time or for compensation or damages by reason of or in connection with such work stoppage.

2.3 Key Personnel (1-7.304-6)

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The personnel specified in this contract are considered to be essenti t t

to the work being performed hereunder.

Prior to diverting any of the specified individuals to other progams, the Contractor shall riotify the Contracting Officer reasonably in advance and shall submit justification (including prop'osed substitutions) in suff 4cient detail to permit evaluation

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of the impact on the program.

No diverCoe shall be made by the Contractor without the written consent of the Conte w H r.a Officer:

Provided, That the Contracting Officer may ratify in w'riting %d diversion and such ratif'lia>

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tion shall constitute the consent of the Centracting Officer required by this clause.

Ti.; attachment to this contract may be amended from time to SA"O time during the course of the contract to either ad or delete personnel',,

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U 2.4 Security (a) Contractor's duty to safeguard Restricted Data, Formerly Restricted Data, and other classified information.

The contractor shall, in accordance vith the Commission's' security regulations and requirements, be responsible Vor safeguarding Restricted Data, Formerly Restricted Data, and other classified 7

N 7 Infsraation and protecting against sabotage, espionage, loss and theft, the classified documents and material in the contractor's possession in connection

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with the performance of work under this contract.

Except as otherwise expressly provided in this contract, the contractor shall, upon completion or termination of this contract, transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's control in co,nnection with performance of thir, contract.

If, retention by the contractor of any classified mat':r is required after p

the completion or termination of the contract and such retention is approved

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by the Contracting Officer, the contractor will complete a certificate of po'ssession to be furnished to the Commission specifying the classified matter to be retained. The certification shall identify the items and types or categories of matter retained, the conditions governing the retention of the mhtter and their period of retention, if known.

If the retention is approved

..by the Contracting Officer, the security provisions of the contract will

..continuesto be applicable to the tratt'er retained.

(b) Regulations.

The contractor agrees to conform to all security regulations;and requirements of the Commission.

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,(c); Definition of Restricted Data.

The term " Restricted Data," as used f.

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in this clause, means all data concerning (1) design, manufacture, or utili-zation of atomic weapons; (2) the production of special nuclear material; or 3

(3) the use of special nuclear material in the production of energy, but shall a

not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended.

(d) Definition of Formerly Restricted Dat3 The term "Formerly Restricted Dda," a:; used in this clause, means all data removed from the Restricted Data y.

category qnoer section 142 d. of the Atomic Energy Act of 1954, as amended.

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(a) Security Clearance Personnel.

The contractor shall not permit any f].

L' fndividual to have_ access to Restricted Data, Formerly Restricted Data, or s

other claisified Mnformation, except in accordance with the Atomic Energy Act of 1954,,li.s amended, and the Commission's regulations or requirements applicable T

to thb;: articular' type >0r category of classified information to which access e

is requird!.,

. J.e w-4 (f)- Crjminal Liebilities. 'It is understood that disclosure of Restricted Data, Formerly Restrilited Data, or other classified information relating to the workMr' services ordered hereuader to any person not. entitled to receive it,orfg1deretpsafeguardanyRestrictedData,FormerlyRestrictedData,or any otheNiassified matter that may come to the contractor or any person

!under th'e'c'ontractor's control in connection with work under this contract, r

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