ML20045F968

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NRC Acquisition Regulation, Minor Amends to Final Rule
ML20045F968
Person / Time
Issue date: 04/26/1993
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML19351B492 List: ... further results
References
FRN-57FR61152, RULE-PR-48C20 AC01-2-003, AC1-2-3, NUDOCS 9307090247
Download: ML20045F968 (13)
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Text

{{#Wiki_filter:-. [7590-01-P] NUCLEAR REGULATORY COMMISSION i 48 CFR Parts 2012, 2015, 2030, AND 2052 RIN 3150 - AC01 Nuclear Regulatory Commission Acquisition Regulation; Minor Amendments AGENCY: Nuclear Regulatory Commission. ACTION: Final rule: Minor corrective and conforming amendments.

SUMMARY

This final rule makes a number of minor corrective and conforming amendments to the NRC's acquisition regulation. The final rule is necessary to correct recently discovered errors in the text of the acquisition regulation and to conform portions of regulatory text to recodified regulations of the Cost Accounting Standards Board. EFFECTIVE DATE: (Upon publication). FOR FURTHER INFORMATION CONTACT: Edward L. Halman, Director, Division of Contracts and Property Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-4347. SUPPLEMENTARY INFORMATION: On December 23, 1992 (57 FR 61152), the Nuclear Regulatory ) Commission (NRC) published a final rule which expanded the existing Nuclear Regulatory Commission Acquisition Regulation (NRCAR) to implement and supplement the government-wide Federal Acquisition Regulation. The final rule established requirements for the procurement of goods and services within the NRC that were necessary to satisfy the particular needs of the agency. jgg70 247 930608 7qq' ABC2057FR61152 pyg 3

c This document makes minor corrections and conforming changes to the NRCAR. The necessary changes are as follows: Section 2012.104-70 is amended to correct a typographical error. Section 2015.407-70 is revised to correct and expand the I references to appropriate contract clauses. Section 2030.201-5 is revised to reflect the authorization contained in the recodified regulations of the cost Accounting Standards Board. In Part 2052, a number of contract clauses are redesignated to correct inconsistencies in the contract provisions numbering system. Clauses are added concerning " Project officer Authority i i - Alternate 2" and " Travel Reimbursement - Alternate 1." The i clause concerning " Proposal Presentation and Format - Alternate 1 (language for negotiated task order contracts)" is revised to correct references to other contract provisions. Administrative Procedure Act: Waiver Because these amendments make minor corrective and l conforming changes to an existing regulation pertaining to the acquisition of goods and services by contract, the NRC has determined pursuant to 5 U.S.C. 5553 (a) (2), that the rulemaking l provisions of the Administrative Procedure Act do not apply. l Environmental Impact: Categorical Exclusion The NRC has determined that this rule is the type of action described in the categorical exclusion set forth in 10 CFR

51. 2 2 (c) ( 5) and (6).

Therefore, neither an environmental impact 2

i i I l statement nor an environmental assessment has been prepared for this final rule. j l Paperwork Reduction Act Statement i This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C.3501 et seq.). Existing requir.ments were approved by the Office of Management and Budget, approval number 3150-0169. Regulatory Analysis i This final rule is administrative in that it corrects and conforms the text of an existing regulation. These amendments will not have a significant impact. Therefore, the NRC has not prepared a regulatory analysis for this final rule. The regulatory' analysis for the NRCAR was contained in the final rule published December 23, 1992 (57 FR 61152). Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule, and therefore, that a backfit analysis is not required for this final rule because these amendments do not involve any provision which would impose backfits as defined in 10 CFR 50.109(a) (1). List of Subjects 48 CFR Part 2012 - Government procurement, Nuclear Regulatory Commission Acquisition Regulation. 3

r 7: 4 4 48 CFR Part 2015 - Government procurement, Nuclear Regulatory Commission Acquisition Regulation, Reporting and recordkeeping requirements. 48 CFR Part 2030 - Government procurement, Nuclear Regulatory Commission Acquisition Regulation. 48 CFR Part 2052 - Government procurement, Nuclear Regulatory Commission Acquisition Regulation, 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, and 5 U.S.C. 552 and 553, the NRC is adopting the following corrective and conforming amendments to 48 CFR Parts 2012, 2015. 2030, and 2052. PART 2012 - CONTRACT DELIVERY AND PERFORMANCE 1. The authority citation for Part 2012 continues to read as follows: Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b). 2012.104-70 (Amended] 2. In 2 012.104-70 (b) (1), the word "and" is revised to read "Or." PART 2015 - CONTRACTING BY NEGOTIATION 3. The authority citation for Part 2015 continues to read. as follows: Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b). 4 J

~ ] 4. Section 2015.407-70 is revised to read as follows: 2015.407-70 Solicitation provisions and contract clauses. l (a) The contracting officer shall insert in Requests for Proposals (RFPs) the provisions at: (1) Section 2052.215-70, Key Personnel; (2) (i) Section 2052.215-71, Project Officer Authority (for solicitations for cost-reimbursement, cost-plus-fixed-fee, cost-plus-award-fee, cost-sharing, labor-hour or time-and-materials, including task order contracts); (ii) Section 2052.215-72, Project Officer Authority - Alternate 1 (for solicitations for issuance of delivery orders for specific products / services). (iii) Section 2052.215-73, Project Officer Authority - Alternate 2 with paragraph (b) (1) deleted and the remainder of the clause renumbered (for solicitations for firm fixed price contracts); (iv) The provision, 2052.215-71, and Alternates 1 and 2 are intended for experienced, trained project officers, and may be altered to delete duties where appropriate. (3) Section 2052.215-74, Timely Receipt of Proposals; (4) Section 2052.215-75, Award Notification and Commitment of Public Funds; and (5) Section 2052.215-76, Disposition of Proposals. (b) The contracting officer shall insert in all solicitations for negotiated procurements for cost type contracts that do not provide for task orders or delivery orders, the provision at 5

2052.215-77, Proposal Presentation and Format, except thet: 1 (1) For all solicitations for negotiated task order contracts, paragraphs (e) (4 ) (xi) and (xii) must be deleted (and the remainder renumbered), and the paragraph found at 2052.215-78 - Alternate 1, must be substituted for paragraph (d) (2). (2) 2052.215 Alternate 2. For all negotiated procurements for a fixed-price, labor-hour, or time-and-materials contract, paragraph (d) ( 2) shall be deleted from the provision 2052.215-77. These provisions must be tailored to assure that all sections, but in particular paragraph (e), Technical and Management Proposal, reflect a one-to-one relationship to the evaluation criteria. (c) The contracting officer shall insert the provision at 2052.215-80, Preproposal Conference, in RFPs where there will be a preproposal conference. This provision may be altered to fit the circumstances of the requirement. (d) The contracting officer shall insert the clauset at 2052.215-81, Travel Reimbursement, and 2052-215-83, Travel Approvals, in RFPs where there will be travel. For contracts where there is no ceiling amount on domestic travel, the provision found at 2052.215-82, Travel Reimbursement - Alternate 1 shall be used with paragraph (a) deleted and the remainder of the clause renumbered. 5. Section 2015.670 is revised to read as follows: 2015.670 Contract provisions. (a) The contracting officer shall include the provision found at 2052.215-84, Contract Award and Evaluation of Proposals, in all solicitations where technical is more important than cost: 6

9 (1) The contracting officer shall substitute the paragraph found at 2052.215-85 for paragraph (b) in all solicitations for negotiated competitive procurements where cost is more important than technical merit. (2) The contracting officer shall substitute the paragraph found at 2052.215-86 for paragraph (b) in all solicitations for negotiated competitive procurements where cost and technical merit are of equal significance. (b) The contracting officer may make appropriate changes to the provision to accurately reflect other evaluation procedures, such as evaluation of proposals against mandatory criteria and benchmarking criteria for ADP procurements. PART 2030 - COST ACCOUNTING STANDARDS 6. The authority citation for Part 2030 continues to read as follows: Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b). 7. Section 2030.201-5 is revised to read as follows: 2030.201-5 Waiver, i i Requests to waive Cost Accounting Standards (CAS) requirements must be submitted to the Chairman, CAS Board, by the Procurement Executive. The requests for waivers must be forwarded through the Head of the Contracting Activity with supporting documentation and rationale. 7

l PART 2052 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES 8. The authority citation for Part 2052 continues to read d as follows: Autbarity: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. i 418(b). 2052.212-72 (Amended] 9. In 2052.212-72, in the first paragraph under the " Financial Status Report" heading, the phrase " Financial Identification Number (FIN)" is revised to read " Job Code." 2052.215 2052.215-84 [ Redesignated) l 10. Sections 2052.215-81 through 2052.215-84 are redesignated as 2052.215-83 through 2052.215-86 respectively. 2052.215-80 [ Redesignated) 2052.215-73 11. Sections 2052.215-73 through 2052.215-80 are redesignated as 2052.215-74 through 2052.215-81 respectively. 12. A new 2052.215-73 is added to read as follows: 2052.215-73 Project officer authority - Alternate 2. j As prescribed at 2015.407-70(a) for solicitations for fixed ) l price contracts, the clause at 2052.215 Alternate 1 must be used with paragraph (b)(1) deleted and the remainder of the clause renumbered. 2052.215-77 [ Amended] i 13. In 2052.215-77, paragraph (d) (1) under the heading ] " Proposal Presentation and Format" the word " Contracting" is revised to read " Contract." 1 14. Section 2052.215-78 is revised to read as follows: 8 l

2052.215-78 Proposal presentation and format - Alternate 1 (1cngungs for negotiated task order contracts). As prescribed at 2 015. 4 07-7 0 (b) (1), paragraphs e(4) (xi) and 2 (xii) must be deleted (and the remainder renumbered) and the following paragraph must be substituted for (d) (2) in provision 2052.215-77. (d) Cost proposal. (.1 The offeror shall provide a cost proposal based on the estimated lesel of effort. The total estimated cost proposed by the offeror is used for evaluation purposes only. Any resultant contract, except a requirements contract, contains an overall cost ceiling whereby individual task orders may be issued. The cost and fee, if any, for each task order is individually negotiated and also contains a cost ceiling. (End of Provision) 15. A new 2052.215-82 is added to read as follows: 2052.215-82 Travel reimbursement - Alternate 1. 16. Section 2052.215-83 is revised as follows: 2052.215-83 Travel approvals. As prescribed in 2015.407-70(d), insert the following clause in i applicable solicitations and contracts: Travel Approvals i (a) All domestic travel requires the prior approval of the l project officer. l (b) All foreign travel must be approved in advance by the NRC on NRC Form 445 and must be in compliance with FAR 52.247-63, Preference l for U.S. Flag Air Carriers. Foreign travel approval must be communicated in writing through the contracting officer. (End of Clause) 9

As prescribed at-2015.407-70(d) for contracts where there is no ceiling amount on domestic travel, delete paragraph (a) of 2052.215-81 and renumber the remainder of the clause. (End of Provision Dated at Rockville, Mar land, this'1)b ' day of April 1993. For t Nuclear (flegul tory Commission. l 1 I k ~' 5_ _ _ _______N_ _____ amuel J. Chink, Secretary of the Commission. l 1 10

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Adk, szssa COrrecilonS Vol. 58. Na 43 Monday March 4.1993 TNe secton of to FEDOML REG 4 STER

~ czreeine odt:wW correceans of pnevioudy puheehad Proeiderdal. Fue. Proposed fue, erW Nosos docurwes. These correcsone are propered by tie Orks of to Federal Reg 6 ster Agency prepartd c.;ir.c&in are issued as signed oxurneras and appear h the oppropriate h caNories elsewtere h to issue. COMMODrTY FUTURES TRADING COMMISSION 11 CFR Part 1 Financial Reporting by introducing Brokers; Vahretion of investments of i Custorner Funds by Futures Commlaston Merchants Conect>on In nde document 93-4019 beginning on pego 10349 la the lasue of Tuesday. February 23.1993 mala the following.. cornctions: ' 1.On page 10949,in the Bist columb.S la the Erst ,'under SUMMAR. third !!ns. "omended" should rood " amending". 2.On page 10951,in the 1st column. 10 the 1st fuII parapaph.In the 1,9th line. "IBle" should reed IBl". ) $1.18 tCenected) -.r ~ i

3. De column,page 10952,in the third in $ 1.10(bX2X11XB). la the third line them the bottom. Insert "the" after "following".-

~ e aumo coce mes4(4. '. ~ NUCLEAR REGULATORY . COMMISSION 48 CFR Chapter 20 FUN 31$0 AC01 i Acquial600 Regulation (NRCAR) I I Conection In rule document 92-30419 beginning a on page 61152 in the lesue of 1 W , Deafaber 23,1992, make ' the fall correction: ~ On 6t169,la the second column. la the pter heeding above part ~ . + 2027."SMapter 3" should road "Subchepter E". ggg t 3 h, { t .4 i r. ~ 1; 8, g t 3- /,, m L. j

f4 k@A I 4^ PDR 8449 Y,,h 3OrrCCliOD3 Vol 58, No. 28 Mwal R@ste ,f ,a" Friday, February 12,1993 i TNs section of the FEDERAL REGISTER

3. On page 5805,in the second NATIONAL INDIAN GAMING contains editonal corrections of previously column, in the eighth line, "o(f!" should COMMISSION puteshed Presidential. Rule, Proposer Rule.

read "o(f]". and Notice docurnents. These corrections are

4. On the same page,in the sama 25 CFR Parts 571,573,575. 577 d

prepa ed by the Office of the Federal column, in the second full paragraph, in RIN 3141-AA02 Register. Agency prepared correctbons are the ninth and tenth lines, the phrase "y[e# "concerning individually owned gaming Compliance and Enforcement { doeurrs t etsere in e.e issue, operations" sumld appear in brackets, Procedures Under the Indian Gaming not parentheses. Regulatory Act

5. On page 5807, in the 1st column, in the 1st full parsgraph,in the 15th Cormction DEPARTMENT OF THE INTERIOR line, "with" should read "such".

In rule document 93-1065 beginning Bureau of Land Management

6. On page 5808,in the first column, on page 5833 in the issue of Friday, m the second line,"toperation)' should January 22,1993, make the following ma

[G-e10-GM00H21:M)4; NWNM 71324] o{ra age,in the same 1 O pa e 5838,in the second Notice of Realty Action-Exchange; New column, in the fourth line, "(a) tribe" column,in the eighth full paragraph,in Mexico r,hould read 'ial tribe" the fifth line, "of" should read "or". "8 CO" "* Correction $ 571.2 [ Corrected) In notice docurrent 92-29346 2 On page 5842,in the second beginning on page 57508 in the issue of NATIONAL INDIAN GAMING c lumn,in S 571.2,in the eighth Friday, December 4,1992, make the COMMISSION paragraph, in the first, hne, following correcticns: 1e3Pondent" was misspelled. On page 57508,in the third column: 25 CFR Parts $31,533,535,537 and sumo cox inwei-o (a)In the first Iand descri 539 N., R.12 W.,in Sec.19,in to{ tion. T. 30 e second line "SW%SE%NE%" should Isad RIN 3141-AA03 NUCLEAR REGULATORY "SW %5W%NE%". COMMISSION (b)in the second land description.T. Management Contract Requirements 32 N., R.13 W.,in Sec.15, in the first ard Procedures t>nder the indlan 48 CFR Chapter 20 line, insert "NE%" before "SW%," each Gaming Regulatory Act RIN 3150-AC01 time it appears. Conection Acquit! tion Regualtion (NRCAR) " C** " "

  • In rule document 93-1064 beginning C rrection on page 5818 in the issue of Friday, N ATIONAL INDIAN G AMING Jamsrv 22, M3, make the following in rule document 92-30419 beptu.iq COMMISSION comction:

on page 61152 in the issue of On page 5e19, in.he second coiumn, Wednesday, December 23,1992, make 25 CFR Parts 501,519,522,523,524, in the founh fuli paragraph, in the the following corrections: 556,558 seventh line, ' dies" should read "does"

1. On page 61153,in the first column, in the first line, before "roquirement"

~ ,,u,,o co x,,,,,,, RIN 3141-AA01 insert the beginning of paragraph "Another section of the proposed COI Purpose and Scope; Service; Approval NATIONAL INDIArv GAMING policy on which the Commission of Class il and Class l!1 Gaming COMMISS#ON received objections related to the" Ordinances; Background investigations and Caming Licensea 25 CFR Part 515 2001.602-3 [ corrected) Under the indlan Gaming Regulatory

2. On page 61159,in the first column.

Act RIN 3141-AAD1 In section 2001.602-3(c), in the first line, " Request" should read " Requests" Correcflon Privacy Act Procedures 2009.570-2 [ Corrected) In rule document 93-1062 beginnin8 Con?ction

3. On page 61162, in the first column, on page 5802 in the issue of Friday, in rule document 93-1063 bug.

in section 2009.570-2,in the second full January 22,1993, male the following on page 5814 in the issue of Friday,ing mn [U"aragrep,in the sixth Iine, and in ihe corrections. P

1. On page 5803, in the third column, January 22,1993, make the following

,,d u ad " dire rs in the ninth line, insert a period after correction. "2702(2)". On page 5815,in the 1st column,in 2015.604 [ Corrected)

2. On the same page, in the same the lith line, " complied" should read
4. On page 61167,in the first column, column. In the 15th and 16th lines, compiled,

in section 2015.604(b),in the fourth "(the IGRA)." should read "lthe ICRA).' aumo cox uaHn-o line,"or" should read "of".

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I q ' y f [l4'50 Federal Register / Vol. 58, No. 28 / Friday, February 12, 1993 / Corrections 1 2052.231-70 (corrected] 2015.605 [ Corrected] PART 2052--{ CORRECTED] . 7. On

9. On page 61180, in the first column,
5. On the same page,in the same column,page 61171,in the third in part 2052,in the table of in section 2052.231-70,in the contract, column,in section 2015.605,in the 1

second line from the end of the contents, in the 18th line, '*2052.216- -. In the first parapeph, in the fifth line, paragraph,"golon go", should read "go! 84" should med "2052.215-84". " data" should read "date". j no go". e m cooti m e 2052.216-74 [ Corrected) 2015.6H (Coneded]

8. On page 61179. in the thhd

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6. On page 61167,in the second column, in section 2052.216-74,in the I

column. In section 2015 611,in the first contract, in paragraph (b)(2), in the line. " evaluations" should read fourth line, " Contracting" should read p " evaluates", " Contract". 4 4 i i _n I h 1 -s -4e a k 4 ka t 9 .3 kh I r t b hf 1 1 .l e di R vi U i l P y f

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