ML20045F965

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Discusses Procedures for Compiling Regulatory History Re Acquisition Regulation Final Rule
ML20045F965
Person / Time
Issue date: 12/28/1992
From: Lesar M
NRC OFFICE OF ADMINISTRATION (ADM)
To: Halman E
NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML19351B492 List: ... further results
References
FRN-57FR61152, RULE-PR-48C20 AC01-2-002, AC1-2-2, NUDOCS 9307090243
Download: ML20045F965 (4)
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Text

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E[y&R REG Uq jo UNITED STATES NUCLEAR REGULATORY COMMISSION

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DEC 2 8 692 t

MEMORANDUM FOR:

Edward L. Halman, D! ector Division of Contracts and Property Management Office of Administration FROM:

Michael T.

Lesar, Chief Rules Review Section Rules Review and Directives Branch Division of Freedom of Information and Publications Services Office of Administration

SUBJECT:

REGULATORY HISTORY PROCEDURES - ACQUISITION REGULATION (NRCAR) (FINAL RULE)

In a memorandum dated April 5, 1985 (copy attached), the Executive Director for Operations established procedures for ensuring that a complete regulatory history is compiled for each rulemaking action undertaken by an office under his purview.

These procedures are applicable to any proposed or final rule submitted for publication in the Federal Register after April 5, 1985.

Briefly, these procedures require that--

Documents of central relevance to a rulemaking be maintained, and identified for a source of access; and An indcx of documents comprising the regulatory history be developed and submitted to the Rules Revie'.' and Directives Branch (RRDB) within 60 days after the rulemaking is completed.

The final rule that establishes requirements for the procurement of goods and services within the NRC to satisfy the particular needs of the agency, was published in the Federal Register on December 23, 1992 (57 FR 61152).

You should forward the gh completed index for the final rule to RRDB by March 23, 1993.

In b

your transmittal memorandum to NUDOCS, please include the title of the rule, the complete Federal Reaister citation, and a listing of all parts affected by the document.

To assist you in preparing the list of documents centrally relevant to this rule, place the designator "AC01-2" in the upper right-hand corner of each document, including the transmittal memorandum, that you send to the Nuclear Document System O, LI S 9307090243 930608 PDR PR 46C2057FR$33gg ppg

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Edward L. Halman (NUDOCS), Mail Stop P1-37.

Each document transmitted to NUDOCS that can be made available to the public should be marked "PDR" i

in the upper right-hand corner of the front page.

Documents that j

cannot be made available to the public should be marked "CF" (Central Files) in the upper right-hand corner of the first page.

In addition, CF documents should be grouped after the PDR documents in order to streamline the microfiching process.

You should be sure to check all attachments to each document marked "PDR" to ensure that no documents to be withheld are inadvertently released.

Examples of documents to be withheld (which sometimes are attached to documents that are released routinely) include Commission vote sheets and SECY Papers.

In no case should a Commission vote sheet be released.

Under Commission procedures, release of SECY Papers requires the concurrence of a majority of the Commissioners.

Accordingly, release of any SECY Paper must be coordinated with the Office of the Secretary.

All Commission vote sheets, and any SECY Paper that is to be withheld, should be marked " Central Files only."

Approximately two weeks after you submit the documents to the NUDOCS you should receive a computer printout listing the documents you submitted to the NUDOCS.

If you do not receive the printout within two or three weeks, call the NUDOCS hotline, extension 28603, and request the printout.

You should forward a copy of this printout, which comprises the regulatory history index, to the RRDB.

If you have any questions, please call me on 492-7758, or Betty Golden of ny staff on 492-4268.

A Michael T.

Lesar, Chief Rules Review Section Rules Review and Directives Branch Division of Freedom of Information and Publications Services Office of Administration

Attachment:

As stated I

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Fedir.1 Regist:r / Vol. 58, No. 83 / Monday, May 3,1993 / Rules Cod Regulations 36253 o

n by removing Leesburg. Channel 294C, the recodiSed regulations of thz Cost 1.ist of Subjects and adding Tavares, Channel 294C1.

Accounting Standards Board.

48 CFR PM 2012 In Part 2052, a number of mntract.

IWeralCommunication Cornminion.

clauses are redesignated to correct Government procurement Nudear inconsistendes in the motract Regulatory Commission Acquisiden

[M N'hl provisions numbering system. Clauses Regulation.

are added conceming ** Project Offiar 48 CFR Part 2015

[rR Doc. 93-10106 Filed 4-30-93; 8 45 ami G vemment procurement Nudear M

8"no ocesen m Rei.

ment 1

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RegulatoryCommission Acquisition D

clause concerning ** Proposal Regulation, Reporting and i

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N Presentation and Format-Alternate 1 b

NUCLEAR REGULATORY (languaFe for negotiated task order rec rdkeeping requirements.

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Y COMMIS90N contracts)"is revised to correct 48 U R Port 2020 mfemoms to other motract provisbns*

Govemment procurement Nuclear V

48 CFR Parts 2012,2015,2030, and L

2052 Administrauve Procedure Act: Walver Regulatory Commission Acquisition Because these amendments make MN 3150-AC01 f

minor corrective and conforming 48 &R Part 2052 a

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Nuclear Regulatory Commlaalon changes to an existing regulation Govemment procurement. Nudear i

Acquialtion Regulation; Minor pertaining to the acquisition of goods RegulatoryCommission Acquisition l

Ame drnents and services by contract, the NRC has Regulation, Reporting and y

determined ursuant to 5 U.S.C recordleeping requirementa.

P Comnussm, uclear Regulatory d

AGEhcv,:N 553(a)(2), that the rulemaking For the reasons set out in the provisions of the Administrative preamble and under the authority of the n.

7 Ac1noN: Final rule; minor corrective and Prowdure Act do not apply.

Atomic Energy @ Art of 1954, as amen conforming amendments.

6 Fmgy Re don Act of 197L

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as amended, and 5 U.S.C 552 and 553.

4 suuuARY:This final rule makes a Exclusion the NRC is adopting the following 4

number of minor corrective and

%e NRC has determined that this correcdve and conforming amendments conforming amendments to the NRC's rule is de type of acdon described in to 48 CFR Parts 2012,2015,2030, and 1

acquisition regulation. The final rule is the categorical exclusion set forth in to 2052.

necessary to correct recendy discovered CFR 51.22(c) (5) and (6). brefore, g

gg neither an environmentalimpact PART 2012-CONTRACT DELP/ERY a on an o confo ons of statement nor an environmental AND PERFORMANCE regulatory text to recodified regulations has been pmpared for this

1. The authority dtation for Part 2012 m

of the Cost Accounting Standards Board. [

continues to read as follows:

Err [CTIVE DaTE: May 3,1993.

Paperwork Reduction Act Statement A

42 U'Ed m 42 USC mi-FOR Fusm4ER NFORMATION CONTACT:

Edward 1. Halman, Director, Division of his final rule does not contain a new and 42 UAC 4n(bl.

Contracts and Property Management, or amended information collection 2012.104-70 I U.S. Nudear Regulatory Commission, requirernent subject to the Paperwork

,,and is revised to reed,,or,,e word 2 In 2012.,104-7@t), e Washington, DC 20$55, telephone (301) Reduction Act of 1980 (44 U.S.C. 3501 492-4347.

et seg ). Existing requirements were suPftEMENTARY DFORMATION:On approved by the Office of Management PART 2C15-CONTRACTING BY December 23.1992 (57 FR 61152), the and Budget, approval number 3150-NEGOTIAT)ON l

Nuclear Regulatory Commission (NRC) 0169.

3.b authority dtadon for Part 2015 published a Enal rule which expanded Regulatuy Analysis continues to read as followa:

the existing Nuclear Regulatory Commission Acquisidon Regulation his final rule is administrative in Authertry: 42 USC 2201; 42 U.S C 5841.

(NRCAR) to implement and supplement that it corrects and conforms the text of and 41 U.S C 41s(bl.

the govemment. wide Federal an existing reguladon.These

4. Section 2015.407-70 is revised to Acquisition Reguladon. %e final rule amendments will not have a significant g,, gngjo,,.

established requirements for the impact. %erefore, the NRC has not procurement of goods and services prepared a regulatory analysis for this 2015.407-70 sonchatson provtalons and within the NRC that were necessary to final rule. De regulatory analysis for contract h satisfy the particular needs of the the NRCAR was contained in the final (e) b contracting ofBcer shall insert rule published December 23,1992 (57 in Requests for Proposals (RFPs) the agency, document makes minor FR 61152).

provisions at:

This (1) Section 2052.215-70, Key correcdons and conforming changes to g 3 4,g, Personnel:

the NRCAR.b necessary changes are as follows:

The NRC has determined that the (2)(1) Section 2052.215-71 Project Section 2012.104-70 is emended to backfit rule,10 CFR 50.109, does not OfLcer Authority (for solidtations for correct a typographical error, apply to this final rule, and therefore, cost reimbursement, cost-plus. fixed-fee, Section 2015.407-70 is revised to that a backfit analysis is not required for cost.plus-a ward-fee, cost-sharing, labor.

correct and expand the references to th!: final rule because these hour or time.and. materials, inclur.ng appropriate contract clauses.

amendments do not involve any task order contracts):

Section 2030.201-5 is revised to provision whids would impose backfits (ll) Section 2052.215-72, Project reflect the authorization contained in as defined in 10 CFR 50.109(e)(1).

Of3cer Authority-Altemate 1(for

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18154 Federal Register / Vol. 58, No. 83 / Monday, !&y 3,1993 / Rults and Regulations solidtations for tasuance of delivery Evaluation of Proposals,in all

12. A new 2052.215-73 is added to orders for specinc produda/servions).

solidtations where technical la tuore read as follows:

(111) Section 2052.215-73, Pro)ed important than coet:

Of5cer Authority--Alternate 2 with 0)ne contrecting ofBear shall PMI*ct omcer e@

parsgrs (b)(1) deleted and the substitute the pangnph found et

. As prescribed at 2015.407-70(a) for remain of the clause renumbered (for 2052.215-85 for paragraph (b)in all solidtations for fixed price contracts.

solidtatlns for firm fixed price solicitauens for negotiated competitJve the clause at 2052.215-72-Alternate 1 contrads);

procurements where mst is more must be used with paragraph (bX1)

(iv)The provision,2052.215-71, and im stant than technical merit, deleted and the remainder of the clause Alternetee 1 and 2 are intended for The contracting ofScer shall renumbemd.

axperienced, trained pro}ect o!5oers, substitute the paragraph found at and snay be ahored to delete duties 2052.215-86 for paragraph (b)in all 205U15-77 Mmended) where appropriate.

solidtations for negotiated competitive

13. In newly designated 2052.215-77, (3) Section 2052.215-74. Timely procurements where cost and technical paragraph (dM1) under the heading 1

Recnipt of pis; merit an of equal significance.

..Pronosal Presenta. tion and Format" the 1

(4) Section 6052.215-75, Award (b) The contracung ofDeer may male Nouncation and Commitment of Public appropriate changes to the provision to "g"g.

ntra accurately reflect other evaluation

14. Newly designated $ 2052.215-78 Funds: and (5) Section 2052.215-78, Disposition procedures, such as evaluabon of.

is revised to read as follows :

of Proposals.

proposals against mandatory critana (b) De contracting ofBeer shall insert and benchmarking criteria for ADP 2052.215-78 Proposef presentation and formaHAfternate 1 (langage for

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In all solidtations for negot!ated procurements.

negotiated task order contractak procumments for cost type contracts PART 203bCOST ACCOUNTING As prescribed at 2015.407-70(bX1),

that do not provide for task orden or dalivery orders, the provision et STANDARDS paragraphs e(4)(xi) and 2(xii) must be deleted (and the remainder renumbered) 2052.215-77, Proposal Presentation and

6. %e authority citation for Part 2030 and the followin agraph must be Format, except thst:

C "I*' "" '

""d as fo!! **.

substituted for ( ) in provision (1) For all solidtations for negotiated t:.sk order contracts, paragraphs (e)(4)

Authority:42 U.S C 2201; 42 U.S.C 5541:

2052.215-77.

and 41 U.S C 418(b).

(xf) and (idi) must be deleted (and the remainder reoumbered), and the

7. Section 2030.201-5 is revised to (21The ob sh'all provide a cort paragroph found at 2052.215 read as follows:

proposal based on the estimated 'vrel of Altarnate 2. must be substituted for effort. The total estimated cost proposed by 203030M Walm.

the offerer is used kr evaluation purposee paragraph (dN2).

(2) 2052 215-7bAlternate 2. For all Roguests to waive Cost Accounting only. Any reruitant contract, except e negotiated procurotnants for a fbed.

Standards (CAS) requirements must be requirements motract, motains an overall prics, labor-hour, or time-and-materials submitted to the Chairman. CAS Board, mit telling whereby ind!vidual task orders f

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mntrad, paragraph (d)(2) shall be by the Procurement E.xecutive. The k

y deleted from the provision 2052.215-77. requests for waivers must be forwarded and also contains a cost entling.

These provisions must be tailored to thmugh the Head of the Contracting (End of Provision)

Essure that aD esctions, but in particular Activity with supporting documentation

15. A new 2052.215-82 is added to paragroph (e), Technical and and rationale.

read as follows:

I Management Proposal, nCecs a one-to-PART 2052-SOUCf7ATON 2052315.82 TreWmW u

one relationship to the evaluation PROVtSCNS AND CONTRACT A ternet.1.

t criteria.

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CLAUSES

16. Newly designated 5 2052J.15-83 (c) The contracting ofEcer shall insert the provision at 2052.215-80,
8. ne authority citation for Part 2052 is revised as follows:

Pmpmp eal Conference,in RFPs when continues to read as follows:

2052 215-83 Trevel approvsk

)

there will be a proproposal confemnce.

Authority:42 U.SC 4201:42 U S C 5641; As prescribed in 2015 807-70(d).

This provision may be altered to St the and 41 U.S C 418(bl.

Insert the inflowing clause in applicable I

drcumstances of the requirement.

solicitations and contracts (d) The cnotractag ofUcar shall insert 2052.212-72 Mmended) l the clauses at 2052.215-81 Travel

9. In 2052 212-72, in the first Travel Approvals (a) All domestic travel repires the prior Reimbursernent, and 2052-215-63.

baragraph under the " Financial Statusport" heading, the phrase " Fina L

opbroval of ti.e pmNt o!!kar.) All foreign trani mus Travel Approvals,in RFPs where there~

will be travel For contracts where there Identification Number (FIN)" is revised advance by the NRC on NRC Form 445 and is no miling amount on domestic travel, to read " job Code".

must be in compliance with FAR 52.24743, the provision laund at 2052.215-a2, T

Travel Reimbursement-Alterrata 1 2052.215-41-2052.215 4 4 [ Redes 3gnated) Prefs;,noe for U.S. Flag Air Carriers. Forsign shall be used with paragroph (a) deleted

10. Sections 2052.215-81 through travel sp val must be communicated la writing the motractag omcor.

g and the remainder of the clause 2052.215-64 an redesignated as nnum 2052.215-83 through 2052.215-88 As pres at 2015 407-70(d) br 3

2015.670 is revised to read respectively.

contreets when then is no call amount on 6-I * 'M* I

$2 215-41

'd um rema! der of 2015.879 Con.tmet ph

11. Sections 2052.215-73 through the clause.

C (a)De motncling officer shall 2052.215-60 are redesignated as (End of Provisiced P

include 6e pmialen found at 2052.215-74 through 2052.215-81 Dated et Rociville; Maryland, th!s 26th dey 2052.215W Con.traat Award and respectively.

of April,1993.

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