ML20045F969

Submits Correction to Acquisition Regulation (Nrcar)

ML20045F969
Person / Time
Issue date:	02/04/1993
From:	Lesar M NRC OFFICE OF ADMINISTRATION (ADM)
To:	Rickett D OFFICE OF THE FEDERAL REGISTER
Shared Package
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References
FRN-57FR61152, RULE-PR-48C20 AC01-2-004, AC1-2-4, NUDOCS 9307090250
Download: ML20045F969 (31)

Text

.

bO O\\ ~ L l FEB -41993 90%

Ms. Donna Rickett, Chief Daily Issue Production Unit Office of the Federal Register National Archives and Records Administration 1

Dear Ms. Rickett:

I am submitting a correction to document entitled " Acquisition Regulation (NRCAR)" which appeared in the Federal Reaister of December 23, 1992 (57 FR 61152).

I have enclosed a marked copy j

of the document that indicates necessary corrections.

Each of I

these errors occurred as part of the printing process.

1 If you have any questions concerning this correction, please contact me on (301) 492-7758.

Sincerely C:

il 0V Es.

./

".H Michael T.

Lesar, Chief Rules Review Section i

Rules Review and Directives Branch Division of Freedom of Information and Publications Services t

Office of Administration U.

S.

Nuclear Regulatory Commission

Enclosure:

As stated q

DISTRIBUTION:

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l G1152 Federal Register / Vol. 57, No. 247 / Wednesday. December 23, 1992 / Rulos and Regulations Y

NUCLEAR REGULATORY 12352, Federal Procurement Reforms.

financialinterests while workirg at a The FAR, w bich was issued by the licensee site.

CO%.tfSSION General Services Administration.

Two of NRC's rnalcr technica!

Department of Defense, and National assistame and research contuttcrs 48 CFR Chapter 20 Aeronautics and Space Administration, commented that the Col prosision, RIN 315FAC0,.

supersedad the Defense Acquisition approved on August 15,1991, was Regulation (DAR), the Federal omly restrictive and w ould irnpede Acquisit'on Regulation (NRC AR)

Prw urer.ent Re,,;ulatica (FPR). and the rathe: t!.an enhance NRC's atibty la AGEscv: Nuclear Regulatory Natical Aerenautics and Spece increase competition in the techniul Administration Procunment Regulaticn essistance marketplace. Therefore, the Cornmission.

Action: Fmal rule.

(NASAPig on April 1,1984. The FAR NRC held a public meeting on Mrch was pt.blished in the Federal Rej,ister 26,1992,in order that allintcrested sumaAM: The N aclear Repdatery on September 19,1983 (48 FR 42102) parties could provide further comments Concnasicn (NRC)is rensmg its with an effectis e date of April 1.1984, on the proposed revision of the Nuclear Ryu!atory Commissma The FAR is codified as chapter 1 of title Commission's COI po' icy or provide Acquisition Regulotwn (NRCAR) to 48 of the Code of Federal Regulations.

alternatives that would achieve an estabhsh requirements for the Ihw cf differing statutory equis alent level of COI protection (57 authorities among Federal agencies, the FR 4652. February 6,1992).

FmC' ament of goods and seru.ces within the NFC to satisfy the particular FAR authorizes agencies to issue The nature of the comments recehed needs cf the egncy. Thys rule espands y!ations to implement FAR policies in connection with the March 26,1992, the emting NRCAR to imple:nent and and proc edures internally and to meetingvaried with respect to how the supplement the gosernmentyiJe include additional policies and commenters viewed the restrictiseness Federal At quiution Regulatmn (FAR) procedures, solicitation provisions or reflocted in the proposed revision to the This rt.le appbes to all c ontrML contract clauses to satisfy the specific CO! policy. While a number of including small purthases where needs of the egency.The regulations commenters found the edstinECOI represent the language 3dequate, others stated the specified, sw arded en or after the being published todafementation and policy w as overly restrictive and lading effectae date, and to modifications NRC's necessary imp awarded on or after the effectise date supplementation of the FAR.

in fleidbility, which require a justification for other The Comruission has considered the than full and open competition.

Debarment, Suspension and ErFECTNE DATE: January 22,1933 fneligibility

,g g

rcrr nmTHER MOwATION CONT ACT:

A single provision of the NRCAR was at an NRC licensee site where the Fda ard L Holman, Di ector, DNsion of published as a final rule July 1,1992 (57 contractor performs on site work for Contracts and Property hfanarment.

t R 29220) That provision enly NRC, coupled with the lad of fleobility Nuclear Regulatory Commission.

contained agency debarment, in applying this restriction. anJ agrees Washirgton, DC 20555. Teleghene suspension and inehgibility procedures that exceptions to the blanket restnction (301)492-4347.

This rute publishes the NRCAR in its may be permitted in appropriate cases.

entirety, including the debarment Thus, the Commission has mod.Ced the SWPLEVENT ARY IMORMAT1CN;

roc edures.

restriction to authorize the NRC C ntractor to perform work for NRC

Background

Organizational Conflicts of f nterest h.censees at the s;te of work perfurmed The policies and pro (edures of the Federal Gmemment reprding the The proposed rule, wbith was for NRC if:

published for public comments on (a) The work is not in the same prot.urement of supp!;es and senices Ortaber 2,1989 (54 FR 40420h technical ans as the work performed for have been developed in a largely contained organizational confhtts of NRC; and independent fashion. Many statutes hearing on Federal centracting have interest (Col) provisions which (b) The contracting officer determines been den cted toward specific agencies.

prohibited wntractors from doing work that the specific situation will not por for others that fell within the broad.

a potential for technical bias or tafair Federal egencies traditionally has e deu Icped their own contracting sccpc of the underlying contract.

competitive advantage.

On August 15,1991, the Commission In making the determination, the procedures with limited attennon to approved a revision to its proposed contracting officer will consider facton uniformity among egencies. The result was a system of procuremer,t pohcies NRCAR modifying the Agency's COI such as: the relative value of the work that var:ed from agency to agency, policy.The thrust of this revision ~

for NRC; whether there br.s been an on.

causing confusion within the limited Col restrictions to the relatively going contractual or financial contracting community. As brg ago as narrow scope and shorter duration of relationship hetween the NRC 1972, the Commission on Goternment indisidual task orders rather than to the contractor and the NFC licensee that Procurement recornrnended that there entire sr ope and term of the basic predates the NRC contract; whether the b" a standard Gm emment. wide contract. White the NRC believed that NRC contractor gained information precrement regulatory sptem The the revised policy would incretise about the es alf abihty of work for the Office of Federal Proturemer,t Pobey, competition for NRC tecJmical NRC licensee as a result of contractor r reated in 1974, has worked uith the a'.sistance and researd w ork, additional access to the site under the NRC restrictions were added to (a) avoid the contract; the relath e amount of tune agencies and the public to cn ate a uniform procurement reguhtion 1nown potential for unfair competitive spent at the site by the NRC contractori as the Federal Acquisition Regulation adsentage that could result if NRC personnel; whether the work for NRC at contractors were permitted to market the site is specific or is a part of a (FAR).

The FAR has been promulgated as the their services w hile working for NRC at genwic task or contract; and any other uniform, simplified acquisition a licensee site, and (b) ensure that NRC factors that may indicate financial ties regulation called for by Fxecuthe Order contractors do not has e divided or competitive ads antage.

Federal Register / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Rules and Regulations 81153 Y

public comment on Odober 2.1989 (54 52 20%5 was added 1o the FAR in 1989.

requin.mont io disclow all c ther work prop %,d to be done by the contrr. dor FR 40420). De sedion on nerefore, the NRCAR c!suse is no for others (Lat may gn e ri# ta a Col organiutional confbcts of interest was lor.ger ner2ssary and has been removed situation De arm 5c ot Pction tehted ismed for public comment on August from the final rule.

to the re;uiremmt that the NRC be 1R.1%2 (57 FR 371401 One commenter sugrsted that NRCAR 2009.570-3(c) co.tahs mformed of the wd at let 15 days m adsance of un& dix the wcri some lutructional language that should be A NP-3 mle Ms pubbshed in the e sduded from the NRCAR and companias em phnr'ed fl e d is Federal Register on Ochber 2.1%9 (54 picmulgated through one of the NRC dimoth f x dief>ed fima to emure that the division performa the work FR 40420) Eree orgeirations intemal issuances. This section contains for NRC would be aw arv of the work by ccmmante.d ar.d all comments were examples of conflicts for the chr divisions 15 des s in aden& in all consi3end in the deselopment of this information of potential contractors, as final rule ne comments and responses w,Il as NRC staff and therefore, balongs cases. Giving dae cerhiderrion to these a e summariad below, in the order of in the survey. nese exampfes are comments, the CommiEon has the NRCAR tut with the exception of formatted to be similar to those in FAR modMed the provision to rquire that the contador use due dilience to crpniational conflicts ofinterest 9 508. Examples. but the eumples are identify and chain infura'ahon about w hit h is contained in a seperate spaciSc to the NRC. We guidance work for others that would fall within subsndian provided after each esample is used to One commenter suggested that illustrate, for potential contractors, as the scope of the NRC contrad and NRCAR 2001402. conwrning poh,a,es well as NRC staff, the possible report the information to NRC 15 days for deviations hom the FAR and the resolution of each situation.Herefore.

in advana of under sking the work The NRCAR. is instructionallanguage that th!s section remains in the NRCAR.

Commission has alsn added a should W escluded from the NRCAR One commenter questiored why 1

corresponding prevision which and issued fll rough an NRC Internal

$ 2014.201--670(b)(1) aims that past I

indicates that the contractira officer issuence his policy, as much as any experience be descril in allbids.%is may a prove reporting not ih other intemal concurrence or approval, requirement has been edited to make It i

awor nce with this provis:an in cases aScts the flow of the pmcurement optional to fit circumstan&s. In some i

where the contractor justifies the deviation on the pounds of urgency or protest Just es the FAR has a psmilel instances there is little or no by showing thai despite the ewrcise of Subpart 1.4. and numerous other procurement history eva!!able, the i

due diligence, the centrscior's officials spec 2fied intemi concurrences and informatJon requested conceming approvals, this section is an important bidder qualifications and past responsible for the NRC contract were part of the NRCAR. In a,ddition, the en$cer to query the contxu identified erience enables the contacting not aware of the work for others falling plan to specify the poboes for of within this prevision.

devin$g frum any requirement is in the and ascertain the o%ror's performance ne above revision to the Comrnission's COI pohcv has published policy itself his section remains in the rnord, integrity and buslrass ethics.

as a proposmi rule Augu'st 18,1992(57 NRCAR.

One commenter sugaosted moving FR 37140). ne final draft rule which One ccmmenter suggested that pangaphs (d) and (e) of NRCAR was not changed from the prope ed rule NRCAR 2001602-3, Ratification of 2052 2W72, Bid Evalusilans,to a new -

Unauthoriwd Comtnitments.is section NRCAR 2014.404-2.nis Nc,vembroved by the Commissionunnewssary flowever,this,rovisjon information on materf aD unbalanced wss ap J

r 2.1992. nis final rule incurporetes the November 2.1992. cot speciSes which officials wituin NRC bids and separate charges remalasin the may approve ratifications. n also provision because haowledge of this language.

spriEes the information which must be informat!an can a&ct acceptance of the Administrata.e Procedure Act provided to seek approval of a bid. Rese situations have occurred Soction 553 of the Administrative ratification. The contracting community enough !o merit including this Prmsdure Act (5 U.S C. 551 et segl can be profoundly a%tted by these information in the provision.

exempts rules relating to public policies.nerefore, this section remains One commenter expressed concern j

contracts fran the prior no ice and in the NRCAR.

that the mquirement for all pro ed s

comment procedure normally required One commenter asked if NRCAR work to be considered as stat in for informal ruh,mnking Itowerer, the 20091. Responsible Prospective NRCAR 2019.705-2, Detennining the Ofncs of Federal Procurement Policy Contractors, provides special treat.nent Need for a Subcontracting Plan,is.

(OFPP), Ofike of Manegement and to a firm predominantly staffed by inconsistent with FAR 19.705-.2. Both Dudget, has established procedures to be former NRC employees, none of whorn texts state that all proposed contract used by all Federal agencies in the were employed by the NRC witi.lr the actions must be considered when promulgstion of procurement last two years. It does not. NRCtR determining whether a subcontreding.

regulations. Of7P Policy htter 83-2 20091 is designed to prevent plan will be required. NRCAR states that an agency must provide an preferential treatment under the 2019.705-2 is therefore an unnecessary opportunity for public corr. ment b fore "revohing door" cnntept. To extend duplication and has been removed from adopting procumrant reFulvion if the this recriction beyond two years is not the f:nal rule.

regulation is "si :mficant."

practical in terrns of recordbeping and One commenter suggested that This regulation is issuad principally would be unduly restrictive for NRCAR 2019.705 -4. Reviewing the e

to create one body of guidance individuals whose firms have either Subcontracting Plan, duplica!es the FMt incorporating previously deared survived or formed after a reasonable (19.7). liowever, the NRCAR text hiatus frorn Eovernment emnloyment, provides additionally that procedures, to exercise del gstions established by the FAR and to edopt One commenter suggested that the subcor,tracting plans may be requested other pmcedums that will not have a NRCAR requirement found at from all concerns In the competitive crst or adrninistretire impact on S 2009.405-2(s) for a certification of range, and clarfiles conditions for f

contractors.The NRC issued its debarment status is loconsistent with aaeptance of snaster subcontracilng.

acqubition regulation proposed rule for FAR deuse 52.209.5. FAR clause plans. Because these provisions are not 1

e

h G1134 Federal Register / Vol. 57, No. 247 / Wednesday. December 23, 1992 / Rules and Regulations in the FAR. tLe NRCAR text is nece%ry st ergthened to clarify that the each plan is not appropriata in this to provide consistent treatment of frequency of reporting is set at whatever regulation. No change is made to the peeposers.

f ecpency is meaningful and productive provision for this purpese; one commeraer suggested that f;r eath contract, considering the size Subpa-t 4.603, Soliciteuan Fravisic n.

NRCAR 2020102 daphcates the FAR and complexity of the particular project which requiresin provision $ $2 204-4 that contractors provide Date Ums ersal (20 3) However,the NRCAR tex 1 or program, jdent:fies the offge that r.eeds to be One commenter suggested that a Numbenng Sy stem (DUNS) information, c ontacted far labor surplus area set.

standard for financial assistanc e. OMB was added to the FAR by Federal j

asides Circular A-110. Attachment G.3 a, Acquisition Circular 84-50 Therefcre.

A (ommenter stated that the Finan:ial Status Report, should be used NRCAR clause 5 2052 215-73. Data additional pa'ent reportmg to set the frequency of submission for Universal Numbering System (DUNS). is r quirerrents swed m NRCAR Fmancial Status Repor's under NRC no longer required and has been 2027 305-3 go besond those reqmred ty c ontracts, The prescription for NRCAR remos ed from the final ru!e.

J the FAR FAR 27f305-3(a) states that 205: 212-72. Fmmcial Status Report, A comment was made that section 24.

Agenaes shall maintin apptcf riate raates that the contracting officer may Public law 100-479, esempts pu edures to prctett the Gournmenti efter the dause. This p escription has universities from having to comply w=

n. ten st ar.d to ched that subiett beer. strengther.ed to clarify that the the Federal Travel Regulations if they ins entones are ident.fied and disduwd fregancy of reporting is set at whatever fellow their own travel pohties in i

The reportrg descnbed m the NRCAR frequency n meanmgful and predactise accordance with OMB Circular A-21.

s.mply rewaes the <.or, tractor to certify far en h contract.

Cost Principles for Educat;cnal tLt oh patent or sim.!ar ectivi'.es toc L T&repaph (a) of NRCAR provision Institutions. Therefore, the commenter l

pbce und. r the contract. This re<panse 2052 214-72 is duplicative of FAR stated, NRCAR clause 2052.215-79 n r.eceserv to dxument thrit the dause $2 214-4 False Statements, and (formerly 5 2052.215-75) Travel j

(ontrmor 'has not generated work to has been remosed from the final rule.

Reimbursement, should be modif ed in v.hn b the Federal gos ernment might it was sugested by one commenter accordance with part 31 of the FAR and j

wal or economic rights. This that NRCAR clause 2052 215-76 be several OMB Circulars, including A-21 i

hn e te v regainm-nt remams in the NRCAR modified to require that c ost related (cost print.jples applicable 13 One c c mm nter suggested that mfumation on proposed subcontracts universities). A second ccomenter NRCAR 2035 71," Broad Agency be included in the cost proposal, rather suggested that the clause be amended to Arinnunrements, duplicates FAR than the it.chnical and management be consistent with FAR part 31.205-46.

j 35 016, Bruad Agericy Announcement.

preposal. This change has been rnade to NFCAR clause 2052.215-79 bas been The du; hate tex 1 has been removed the 'imal rule, modified Io make these clerifications from the final rule.

The same commenter recommended with these changes and the deletion of One commnter st,q-ted that that paragraph (e)i4) of NRCAR clause the word " domestic" from the first NRCAR 2042 803(b)be resised to state 2052 215-76 permit offerors to eddress sentence of parag sph (c), psregaph (d) i that aud.1 (ost issues will be rasch ed the t riteria enumerated under is no longer necessary and has ben wohin 30 days when payment has nc t parapnhs (e)(4)(i) through (e)(4)(xix) in removed from the final rule.

aheady been made to the contractor.

other than the manner and sequence One commenter states that NRCAR The period in other situations would outhned This would lead to clause 2052 215-80, Travel Approva!s, i

rem.m at sia months Contractors wto mc cnsistences and difficuhies in -

is inconsistent with OMB Circular A-i hne a r.-ed ta receise payment due to esabating proposals. The commenter 21, w hen it says that "all domestic a hardsh.p currently can offer to help sugested that the proposed change travel requires the prior approval of the expedite the decision mening process would provide offerers with flexibihty project officer."OMB Circular A-21, Otherwre. six months is e n asenable to deseiop and structure their respective Paragraph J 43.f of A-21, which is per:od cf !:me for rt<eiving and technical and management proposals in applicable to both direct and indirect resicwmg audit reports, preparing a fcnnat consistent with the stated costs, states that " domestic travel cost positions and < orrnpondence, and evaluation criteria contained in en NRC are a!!owable when permitted by the r onducting negotiaticns Because the schcitation. Ilowever, NRCAR s ponsoring agreement." Paragraph C 2 prca eu is dependent on a number of 2015 407-70(b)(2) already states that the of A-21, Factors Affecting Allowabibty inputs, mcluding the contractor's, the provoion must be tailored to assure that of Costs, states that in order for costs to language ha been clarifird to indicate all sections reflect the evaluation be allowable,"they must confonn to any that "w. thin six months" is a Eoal, not cenetia. Therefore, no change has been limitations or exclusions set forth in a deadia.e made to the final rule.

these principles or in the sponsored Om u mmenter suggested that a One commenter suggested that the agreement as to types or amo mts of cost 51a:.dard for technical performance NRCAR clause 2052 215-76 should be iterns." The NRC has reserved to project ri ports.OMB Circular A-110 expanded to include guidance for officers, w hose role includes monitoring Atte bment 11. Monitoring and rompletion of the referenced Contractor work and associated costs, the ability to Reporting Program Performance. be Sper.dmg Plan. NRC's intemal determine that domestic tras el costs are w d, ar.d ioti exception to mcnthly instrat tions provide only a suggested necessary and prudent expenditures reporting requirements in NRCAR forrnat which must, as the internal under the contract. No change to this c lause 2952 212-71. Tecimical Progros guidance states, be mod fied to meet provision has been made in the final Report The requirements of OMB each snuation. The plan format rule.

Cucu!ar A-110 are apphcable only to deseloped for each specific proposed One commenter suggested that certain financial assistance awards, and contract will appear in the Request for provision 5 2052.216-74 Task Order are not appropriate for NRC contracts.

Prop 0 sal. While a Contractor Spending Procedures. should specify the task 4

Ilowever, the prescription for the Plan is required for each applicable order proposal due date which has been NRCAR clause 2052 212-71 states that contract, the degree of flexibility set by mutual agreement. Task ordering the contracting officer may alter the permitted to the contracting officer is contracts are negotiated for needs that clause. This prescription has been such that Euidance for completion of are not clearly defined and which will 1

1 r

J

l Federal Register / Vol. 57. No. 247 / Wednesday. December 23, 1992 / Rules cod Regulations 61155 need tobe provided for quickly.The where NRC has issued to plans to issue Comments on the COflanguage on the NRC contract administrator is a task order in the same technical area August 18,1992 proposedrule (57 FR I

responsible for setting a due date which or at the site.

37140h reflects the agency's needs. If A commenter suggested that Only one comment was received. It circumstances arise which prevent it paragraph (d). Disclosure After Award, endorsed the proposed rule changes.

froni meeting the due date, the be deleted in its entimty from NRCAR The commenter also provided certain contractnr shou!d alert the ccntract clause 2052.209-74 (currently comments on implementation of the 5 2052.209-73(d)(3)). The commenter rule change. The commenter Indicated admitustrator at the earliest states that NRCAR 2052.20%74(c[)

permit an NRC contractor to discuss and opportunity. Retefore, no thange is that implementation of the rule should made to the provision of the fbal rule.

already nquires contractors to mrke NRCAR clause 2052 235-70.

immediate and full disclosure reach agreement with the NRC i

Publication of Research Results, has licweier paregreph (d)(1) also requires contracting officer conceming the application of the proposed restrictions been revised to clarify the requirements the cor. tractor to provide a negative to ar'ain types of work for others which for the use of NRC Menagement tv.ponse Paragraph (d)(3) additiona!!y de wntractor may wish to solicit in R clause 2052 245-71 Private requires that any disclosure must advance of such solicitation. The rule l'se of Centud Information a$d Data is include a description of action taken to prop sed w uld permit such discussion j&ted. sinee NRCAR clauses avoid or mitigate such conflicts NRCAR provided that the contractor can provide 2052 235-70 and 2052 235-71 provide 2052 20%77 (currentgy the contracting omcer with the 5 2052 209 73(d nquires that information, outlined above, to enable adequMe coverage. "f ", PIjh[t the contracting omcer to determine that P Orga nir .at Conflicts ofInterest orders. Therefore paragreph (d)L o task the situation will not pose a potential ) is not for technical bias or unfair competitive Comments en the Collanguage contained in the proposed rule deleted-adv antage. The commenter also published on October 2,1989 (Si FR One commenter proposed that indicated that it expected that In 40420h NRCAR clause 2352 20%77 (currently instances in which the contractor One commenter suggested that 5 2052.209 7Md)(31), Contractor expmsses an interest in pursuing totally NRCAR 2009 570-5 and the additions to Organizational Conflicts ofInterest-unrelated activities, a determination the general organlational confikts of Language for Task Order Contracts, pennitting an exception to the work for interest clause set forth under wntract imposes a burdensome information others restrictions would be a timely clauses $$ 2052 20b76 and 2059 209-reporting requimment. Paragraph (d)(3) and routine matter. Under the proposed 77 conflicts restrictions should only be provides that the contractor will rula, exceptions from the work for others restrictions is a matter of applied to work which is the same or disclose all propc sed new work of any dacretion of the contracting omcer, s:mihr to NRC work. He comrnenter type insolving NRC licensees or provided that contracting omcer is able stated that this would protect the NRC applicants. The cornmenter suggested a to reach a determination, on the basis of against situatjons which may (a) result change in the wording to "the same as, the factors discussed above, that the in providing an offeror or contractor or substantially similar to." he prop wd wori for others will not pose w:th an unfair competitive advantage.or commenter states conectly that this a putential for technicalb!as or unfair (b) impair the offeror's or contractor's disclosure is necessefy regardless of competitive advantage. %e fact that the objectivity in performing work for the whether the proposed activities NRC Paragraph (2) of $ 2052 209-76. represent a otential or actual conflict of Proposed work is totally unrelated to w rk bemg done for NRC would be an which would have required prior intnest wit work being performed for imp riant factor in such a approval of the contracting officer to the NRC. Additions!!y. circumstances determination, but the other factors perform same or similar services; has other than the nature of a contractor's h boen deleted and a new paragregded towork, such as its financial ties to a d () 2052 209.73(c)(3)) has been a gjcensee could constitute a conflict of the final rule %e paraguph prohibits nterest Consequently, the disclosure Other Revisions the contractor from performing any of requirements la para sph (d)(3) remain published (bto osed rule was Since the the followmg activitios for a penod of unchanged in order at the Contracting o er 2,1989; 54 FR one year upon completion of work at a Officer be provided with all requisite 40420) other amendments to proposed licensee or applicant site: (1) Soliciting information in tsaching a determination NRCAR text have been made as a result work at that site;(2) performing work at on organizational conflicts of interests. of internal review, changes in the that site; and (3) performing work in the Therefore, no change is made to Federal Acquisition Regulation, and same1ochnical area for the fiansee or paragraph (d)(3) of this clause. coordination with other aEencies. %e appbcant orEanization regardless of One commenter suggested that the am ded 1 n og-location. While the deletion may lead to some situations whereby NRC will not cont 1actmg omcer should be permitted Act. be able to issue some task orders to a to alter any conflict ofinterest clause. the Prtcurement Intb'tch provides Section 2015.610 contractor bouse of the contractor's The elauses currently provide for basic more specific guidance on the conduct other work for licensees started after the policies to be applied in all or of written and oral discussions. beginning of the NRC contract, the NRC designated cases. Waivers or contractm.g Section 2015.611 which clarifles the believes that other alternatives exist to officer dedsions would provide Source Evaluation Panel's basic role as get the work accomplished. The new flexibility In policy application. Open-one of fact-finding and scoring. paragraph will minimize situations of ended altering of the basic policies Section 2009.405-Z,in which unfair competitive advantage. Language would cause inequities and unnecessary paragraph (a) has besn deleiod to be has been added to NRCAR 2052.209-delays to the procurement process. consistent with FAR 9.404." C 73(d)(3) to limit denial of approval Therefore, the language is not changed Section 2009.570-8 which exempts under task order contracts to situations for this purpose _ supply subcontractors and includes the

k 61156 Federal Register / Vol. 57, No. 247 / Wednesday, L < ember 23, 1992 / Rules and Regtdations $10,000 thmhold requiring offerers and government wide usage. In addition,in Regulatory Mexibi7/ry Certification contractors to have subcontractar and accordance with Soc. 8. Public Law 95-consultants submit a COI 601, adding Sec.170A to Public Law Fle ib t ct of U 605(b), re presentation. 83-703,68 Stat. 919, as amended (42 tte Msakn cerdSes 6at tMs mle Section 2012.104 4 0 whic.h gives the U.S C. 22104) NRC's organir.ational j ave a s]gn cant ecemnk Contmeting Officer more disc:etion in confbets ofinterest provision tales determinirg the reportir{ s&dule. pn,c.4nce over the FAR 9 5 IY " " '" " " " Section 2014 201470W1) which Orgadr.ational and Consuha$t ConfBcts p wdures a d requirements namsaary 1 mdes the indudon of th;s vction of Interust. liowever, when non- "Ib"" c ptional to fit tha circumstances. confbding guidance appears in FAR fc hF ' o*,' gmds a a y the R the r.a a ha a . n n v dIv.ause [t duI,au.e cd F a Rite Us 6n c hvd to Wm, attant that the Snal ru!a effects a small 1 ~ lirate 14 2014tJ4) and l u entity,it sets out provisions afplicable the c the uformation collection requirements to small busfnass and to smal et tl e hal m!e stage and OMB disadvantaged business conwrns. Serti n 9 '05-2 w hmh his Wn subse7.wntly approved these a mm7d tmuw v daplica'ed FAR. requirements. Socifit Analysis Sectmn 2035 71 in w hid2 parsgaphs i (a) and (b) [4] and (2) have t.wn The public wporting burden for this ne NRC has deterrrdad that a remowd bvause they dop!4 otei FAR. colletion of information is estimated to takSt analysis is not required for this Sedian 2052 215-73, which has been average 10.7 hours por msponse, kal m!n because it does not involve remoted because at duplicated FAR irKluding the time for reviewing any provision which would impose 4 603, instructions, seerching edsting dats laints as danned in 10 CFR part Swtion 2052 216-70, which sourtes, gathering and maintaining the 50.109(a)(1). v gnga'es prefenianal acd clerical staff data nwded, and conypleting and ti,g g y ears rev;eweg the colludion ofInformation. Sa tion 2052 2 3b71 which has been Sand comments regarding this burden 48 CR Tarts 2001,2002,2003,2004, wrnoved because it was inconsistent estsata or any other aspect of this and 2005 with Decuthe Order No.12591. mllecton ofinformation,Induding Covernrnant procuroment, Nudear Emirc nmer.tallmport: Categencol suggestions for redacing this burden, to Regubtory Cornm!ssion Acquisition the Information and Records F@stions. uclusion Mmgement Branch (MNBB-7714), The NRC has determined that this U.S Eckar Regubtory Commissian, 48 CM Turf 2009 regulation !s the type of action Whir gton, DC 20555, and to the Desk Covernment procurement, Nudaar desenbed in the ategorical exdusion OfLcer. Ofnce of Information and Regulatory Commission Acquisition set fo1h in to CFR 5122[c] (5) sad (6). Replatory A!!alts, NEOB-3019, (3150- Regulatlons, Reporting and Therefore, neitbr sn envimnmental 0189). Office of Management and recordkeeping requirements, _ ur. pad s atement nor an ermronmental B.,dget, Washing +cn, DC 20503. a asmsment is nquind for this rule. to CM Pdits 2010,2012. and 2013 A"N8 Taperwr1 & duction Act Srcrement Cwernment procuranent, Nuclear Th;s final rule amends information This hal m s establishes the Wate Canmksfon Acqui:Mm~ milenion requirements that are sub}ect praced res and requirements necessary Replatims. to the paperwork Roduction Act of 1%0 to implemect and supplement the FAR. 48 M fnrts 2014 and 2015 - (4 4 U S C. 3501 et seg ) Thes, The Enal rule presents the reguhtions n.quirements were approvwd by the D' mary to ensure that the regulations GmW pmW& ' p g g Ofrice of Manegement and Dudget gmermng the procurement r/gmda and approval number 3150-0169. wrvims wf thin the NRC satisfy the Regdat! F4 rti and n rd p og utrements. The information collection Particu!ar needs and requirements of the requirements were rubraitted to OMB at NRC. His Anal rule constitutes an 48 07? Pads 2026 and 2027 the proposed rule stage. At that time, administrative action Eoverning the h prm' Nud w OMB denied approval. OMB believed procurement edivities of the NRC. Regulatory Commission Acquisitfon that rather than promulgating an NRC hse provi lons would not have an Rephtim tvgulation, NRC should forward those adverse economic impad on any provisions appropriate for indusion in contratior or potential contractor 48 071Pbrf 201# the FAR to the FAR Councils for because they merely supplement the Covernment procurement, Nuclear runsideration in accordance w;th FAR requirements applicable to the Regulatory Comm!ssion Acquisition 1.304tc) OMB furtbr requested that ecquisition of goods and services by the Regulations Reporting and pubilation of provis!ons relating to egency. By clearly and erptkitly n,cordWptog requirements. Conflict ofIntemst Policies Apphrable implerr.enting the FAR and presenting 1o Consultants awalt implemtation in those tid;tional provisions necessary to 43 M Pans 2020. W2, Ed, and the FAR. It is the NRC's position that relle d the needs of tM NRC, the Rnal 2025 1,oause we are required by law to have rule would allow a contractw or Covernment procurement.Nudear separate procurement regulations potential mntrador to understand more Reguhtory Commission Acquisition implementinE the FAR and time easily the regulations to be used in Regnhtfons. - provisions only apply to the special soliciting, evaluating and awarding circumstances of the NRC, tM contracts for the provision of goods and 48 CHIforf 2027,, provisions of the NRCAR are not serviam. This constitutes the regulatory Covernment procuremsnt Nuclear appropriate for indusion in the FAR for analysis for this final rule. ~ Psgulatory Chenmission Acquisitica'

Tederal Register / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Ruhs and Regulationi61157 Regulations, Reporting and SUBCHAPTER E--GENERAL Sut>part 2001,1-Purpose, Authority, CONTRACTING REQUIREMENTS lasuance recordh eeping requirements. 4B CFR Parts 2030,2031,2032,2033, ,'e i 2001.101 Purpoee. 2035, ord 2039 2031 Contract cost principles and Thb subpart establisbes chapter 20. Government procurement, Nuclear prxedares the Nucl.9ar Regulatory Commission Regulatory Commission Acquisition 2032 Contract financing Acquisitioe Regulation (NRCAR), and Regulations. 2033 Protests, disputes, and appeals provides for the codification and publication of uniform policies and 48 CFR Pcif 2042 SUBCHAPTER F-SPECIAL C ATEGORIES procedures for acquisitions by the NRC Government procunment, Nuclear OF CON'MCTING ne NRCAR is not, by itself, a complete Regulatory Commission Acquisition 2035 Research and development document.11 must be used in Regulations, Reporting and contrac ting conjunction with the Federal recordkeeping requirements. 2019 Acquisition of informa* ion resources Acquisition Regulation (FAR) (48 CFR da CFR Part 2045 SUBCHAPTER O-CONTRACT Oapter 1). MANAGEMENT Gctemment procumment, Nuclent 2001.102 Adhci4 Regulstory Commission Acquisition 2042 contract administration ne NRCAR and the amendments to Regulations. 2D45 Govemment property it are issued by the Director. Office of 48 CFR Part 1952 SUB0HAPTER M--CLAUSES AND FORMS Administration.under a delegation,from the Executive Director for Operations in Gosernment procurement, Nuclear 2052 Solicitah.on prova ans and centract accordance with the authority of the Regulatory Commission Acquisition dauses Atomic Energy Act of1954, as amended Regulations, Reporting and SUDCHAPTER A--GENERAL (42. U.S.C 181), the Energy mcordt eeping requirements. Reorganiution Ad of1974 (42 U.S.C For the reasons set out in the PART 2001--NUCLEAR REGULATORY $841,5872), the Fedeml Pro y and preamble and under the authority of the COMMlSSION ACQUISmON Administrative Services Act o 1949(40 Atomic Energy Act of1954, as amended. REGULATION SYSTEM U.S.C 486(c)), as amended, FAR the Enemy Reorganiution Act of 1974' Subpart 1.3, and other applicable law. as amended,5 U.S C 552 and 553, and Subpart 2001.1-Purpose, Authority. FAR subpart 13, the NRC is revising g 3,,,c, 2001.103 Appucebmty, chapter 20 to title 48 of the Code of he FAR and NRCAR a ply to all Federal Regulations. se NRC acquisitions of supp les and CHAPTER 20-NUCtLAR REGULATORY 2901.101 Purpose. servims which obugate appropriated COMMISSJON 2001.102 Authority. funds, except as exempted by Sections 2001.103 Applicability. 31 and 161 of the Atomic Energy Act of PART 200t104 issuance. 1954 as amended, and Section 205 of 2001.104-1 Publication and code the Energy Reorganization Act of 1974 SUBCHAPTER A-GENERAL at:3rgernent. as amended. For procurements made 2001 Nuclear Regulatory Commisslan 200L104-2 Arrangement of the regulationt from nonappropriated funds, the Acqdsition Regulation System 2001.104-3 Copies. Director, Division of Contracts and 2002 DeErdtions 2001 105 Infor nation colbction Property Management, shall determine p '8-arP~> vat the rules and procedures that apply, tsc a con i f nt 2004 Administrative matters Subpart 2001.3-Agency Acquisition 2001.104 kauance. SUDCHAPTI.R !!L-COMPElTTION AND Regulations ACQUISITON Pt.ANNING 2001.104-1 Pub 5 cake and code 2M L301 NW 2005 Public! lng contract actions 2@t303 PuWe partidpation. (a) ne NRCAR and its subsequent 2009 Contactor qualifications 2010 Specifications, standards, and other chan s are: j Subpart 2001.4-Deviations from the (1) 'ublished in the daily !ssue of the purthases descri tions Coctract debvery or performuce FAR and the NRCAR Federal Register; and 2012 U SUBCHAPTER C-CONTRACTING 2001 402 Policy. ons METHOOS AND CONTRACT TYPES 2001 403 Individual deviations. R s issued as 48 CFR 2013 Small purtLase and other simpliBed 2001 404 Class deviations. purthase procedures Chapter 20. J 2014 Scaled ladding Subpart 2001.6-Contracting Authority 2001.104-2 Arrangement of the 1 2015 Contracting by negotiation and Responsibilities reguietsons. 2016 Types of contracts (a) Genemi Gapter 20 is divided into SUBCHAPTER D-SOCOECONOMIC 2W1 N O Scope of subpart-parts, subparts, sections, subsections, i 3 t cation of unauthorirad paragraphs, and further subdivisions as i necessary. m methods 2017 Special contract. 2019 Smallbusiness an small (b) Numbering De numbering 2M (,03 e ction, ap btent, and daadvantaged business concerns g system and part subpart and section 2020 Labor :arplus area concerns titles used in this cha er 20 conform 2022 Application of labor laws to Authority:Sec.161,68 Stat. 94 B. as l with those used b2 FAR as foHows. government angulaitions amended (42 U.S.C 220th Sec. 201,88 Stat. i 2024 Pmtaction of privacy and freedom of 1242, as amended (41 U.s C 5s41: 41 U.S C (1) Where chapter 20 implements the j FAR or supplemets a parallal tr, formation us{b)). 2025 Foreign eagulsition subpart section,orpangraph the 1 l j

i g' 61158 Federol Register / Vol. 57. No. 247 / Wednesday, Decernber 23, 1992 / Rules and Regulations FAR. that implementation or (b) The information collection (2) The reason why the deviation is i supplementation is numbered and requirements contained in this part considered necessary or would be in the J captioned to the FAR part, subpar', appear in 2009.570-3(b)(1)&(2), best interest of the Govemment; ractm, or subsection being 2009 570--3(c),2009 570-3(c)(4)(ii). (3)If applicable,b r.ame of the implemented or supplemented, acept 2009 570L-5(b),2009 5704,2010201-contractor and identification of the that the implementation or 670. 2015.607,2019 705-4(a),2027.305-contract affected; supplementation is pmceded with a 20 3(a),2042 803(a)(b),2052 204-(4) A statement as to whether the or 200 so that there will always be four 70(b)(jl&(k),2052 204-71,2052.204-72, deviation has been requested previously numbes to the left of the decimal. For 2052.209-71,2052 209-72,2052 20 % and,if so, circumstances of the previous esar ple, NRC's implementation of FAR 73(d)(214(3)a lf). 2052.210-70(b), request (including the result of that 1.104-1 is shown as 2001 104-1 and the 2052 210-71,2052 212-70,2052.212-mquest); NRC's implementation of FAR 24.1 is 71,2052.212-72,2052 213-73, (5) A description of the intended shown as 20241. 2052.214-71, 2052.214-72(e). 205 2.214-effect of the deviation; (21 When NRC supplements material 74,2052 214-75,2052 215-70, (6) A statement of the period of time centaired in the FAR. it is given a 2052 215-71[f),2052 215-78,2052.215-for which the deviation is needed; and unique number containing the numerals 77,2052 216-74.2052.235-70, (7) Any pertinent beclground "70 or higher. The rest of the nutnber 2052 235-71, and 2052.235-72. Infortnation which will contribute to a full understanding of b desired paralMs the FAR part, subpu, section, Subpart 2001.3 Agency Acquisit!on deviation. sub.section, or paragraph it is Regulations Supp;ementing. For cumple, S* tion 170A of the Atomic Energy Act of 1954, poot,3ct poney, In individual cases, den,ations from es amended, requires a more Policy, procedures, and guidance of either the FAR or the NRCAR will be comprehenshe o anizational conflict of interest review or NRC than is an intemal nature will be promul ated authorized only when essential to affod 6 thmugh internal NRC issuances such as a necessary acquisition or where special contempLted by FAR 9.5. This Management Dimctives, or Division of circumstances make the deviations supphmentary materiti is identified as Contracts and Property Manegement clearly in the best interest of the 2009 570. Instructions. Government. Individual deviations must (3) Where materialin the FAR r Di on o t nd p rt ort e a no FAR 1.301 and Section 22 of the Property Management. corngending numbaring in the Offke of Federal Procurem it Policy NKO R. Therefore, there may be gaps in Act, as amended (41 U.S C. 418b) the MCAR sequence of numbers where Where deviations from the FAR or the FAR ruquins no further mquire rulemakirg for substantir, NRCAR am considered necessary for ecquisition rules, but allow discretion in imple nentation. the matter for other than significant clasas of contacts, requests for (c) Ctation ne NRCAR will be cited issues marting b stated citeria. authority to deviate must be submitted in accordance with Federal Repster Accordirgly, the NRCAR has bom in writing to the D!redor. Division of Standards apprcved for the FAR. nus, promulgated and may be revised fmm Contracts and Property Maaegement, this semon when referred to in the time to time in accordance with FAR who will consider the submission NRCAR is cited as 2001.1044(c). When 1.301. This procedure for significant jointly with the Chairperson of the subject matter geners!!y involves issuing Ovilian Agency Acquisition Council,as Eal b efs, a nob o oposed rulemaking. appropriate. f rn nts c it should be cited as "48 CFR 2001.104-2(c)." Any section of the NRCAR may be { 8P Subpart 2001.5-Corrtracting Authority mme ami ResponsMtles formally identified by the section Publication of a final rule.The final rule number, e g, NRCAR 2001.104-2.-In includes a discussion of the public 2001.600-70 Scope of subpart. the NRCAR, any reference to the FAR comrnents received and describes any This subpart deals with h placement will be indicated by "FAR" followed by changes made as a result of the of contractmg authority and % section number, for example FAR 1-CU * *#"' responsibility within the agency, the 104 sobetion and designation of contracting Subpart ?001.4-Deviations From the officers, and the authonty of contracting 2001.104-3 Coptea. FAR and the NRCAR Copies of the NRCAR in Federal officers. Register and CFR form may be 2001.aC2 Poney. 2001.601 Gnut. purdiased from the Superintendent of (a) Raquests for authority to deviate (a) Contracting authority vests in the Documer.ts, Govemment Printing fmm the provisior,s of the FAR or the Chairman. The 01 airman has delegated Of fice. Washington, DC 20402. NRCAR must be n,gned by the this authority to the Exacutive Director 2001.105 informath conection requesting office and submitting io the for Operations (EDO).%e EDO has requ!iements: OMD approval Director, Division of Contracts and delegated this authority to the Director, (a)The Nuclear Regulatory Pmperty Management,in writing as far Office of Administration (ADM).no Commission has submitted 6 in advance as possible. Each request for Director ADM,has delegated b deviat,on must contain the following: euthority to the Director, Division of , i information colWction reguirements contained in this part to the Of&e of (1) A statement of the deviation Contracts and Property Management. Management and Badget (OMB) for desired. Lacluding identification of the who, in turn, makes contracting officer approval as required by the Peperwork specinc paragraph number {s) of the FAR sppointments within the Headquarters Reduction Act of 1980 (44 U.S.C. 3501 or NRCAR from which a deviation is and Regional Officea. Allof the ebovs et wql requested; delegations are formal written

i I g' Federal Register / Vol 57, No. 247 / Wednesday, December 23, 1992 / Rules cod gations $1259 delegations containing dollar limitations commitment and a complete written N3tC requiremonb such as )sarance - and conditions. statement of facts, including,but not levels and Coun21:slos papers wh!ch (b) ne Director, Didsion of Contiacts limited to: spr.ify highw levels of euthority. and Prope-ty Manapment, establishes (i) A statement as to wby the Commission rneans the NRC contractics policy throughout the contracting office was ext used Commission of Svo members, or a agency; monitors the overall including the name of the employee quorum thereof, sitting as a body, as ef6ctiver.ess and ef!Icicory of the who made the commitment; provided by Section 201 of the Energy agency's contracting ofEte, enablbhes (ii) A statement as to wby the Reorganiutico Act of1974 (42 U.S.C. j controls to assure cotupliar.ce with proposed contractor was selected; 5841). 1 law s, regulaticns, and proced ures, and (iii) A list of other wurtra cc.nsidered; Ccmpetition Adwcc.Ar means the delegates contracting ofLcer authority. (iv) A description of work to b* individual oppoinki as such by the performed or products to be furnished; Agency Head as required by Public Law 2001.602-3 RatT,ce6on of ur.adottred (v)He stimMed ce agreed upon 98-369. The Director, Dtvision of contract price; Contracts and Propwty Management, (a) The Government is not bound bJ (vi) A cvr'mcation of the appropriated has been a cinted the Computition egreements or cont actual commitmants funds available-Advocate lo the NRC. made to prospsctn e contators by (vii) A statement of whether the Day means calendar day unless p.rsons to whom contr>cting authority contractor has corr.menced performance; otherwise specified. If the !sst day of the has not been de!cgated. Any and desigr.ated riod of time is a Saturday, unauthnud commitment may be in (viii) A description of how Sunday, or egal botiday under Federal viola an of tha Federal Propert and unauthorized comrnitments in similar law, the period includes the next e i Adm mtrativa hervicte Act,et ser circumstances will be avoided in the business de Feden al laws, the FAR, the NRCAR, and future. Head of t Contract!rg Activity I good acquisition practice.Certain (2) The contracting offker shall (HCA) mens b D!redct Df dsfon of requuements oflaw ar.d regulatmn review and forward the writtan Contracts and Property Management. necessary for the proper establishment statement of facts far a determination of hrcurement Executive means the of a contractual obliption may not be approval to the Cempetition Advccate Agency lieda pointed as such by the lodividual met under an unaatban. rad DCPM, with any comments or persuant to Exocutive commitment, for exa mple, the in.,.;on which should be Order 123S2. The Diredor. Of5ce of t certif,utmn c,f the avaAability of funds, vd in eva!uating the request for Administration, has been appointed the

con, justificatwn for ether than full and open ruin Jon.

NRC Procurement Eacutive, competanon,compaition of sources, (3)The NRC legaf advisor may be I determir,ation of contrador asked for an oninion, advice, or PART 2003-tidPROPER BUSINESS repc.ns,bil;ty, certitcation of current concurream if there is concern PRACTICES AND PERSONAL pricing data, pricalcx analysis, regarding the prop &ty of the fanding CONFUCTS OF INTEREST adm mstrative spprowals, and sou te, approprianr*ss of the expense, negonat:on of appropriate cor trat or when some other kye! issue is Subpart 2003.1-Safeguards. clauses-involved. (b) The execut'on of otherwise proper sw rentracts made by indidduals without 2001.603 Setec*lon, aptntment, mM 2003a01 Standards of conduct contacting authority, or by contracting terminatu of oppointrrant. 2003.101-3 hauc7 regdadoes.* omcas in excess of the Dmits of their The Director. Division of Contacts delegated authority, may later be and Property Wngment, is authorized Subpart 2003.2--Contractor Gratuities, to Government Personnel ratifi d. To be efrodive, the ratification by the Diredor. Office of e must be in the form of a wntteu Administratlon, to select and appoint YEm ReportbmeMdota6cne procurement document charly statm, g contracting offiars and to turmmate of the ysturtles etause. that ratificttion of a previously their oppointrgent as pre.cribed in FAR A cherity:42 USC 2201:Sec.201,sa unauthorized commitment is intr oded. L6n Delegations of contractmg officer Stat.1242, as amended,42 U.S C 5841 end All ratifications must be approved by authority are issued by memorendum 41 U S C 41sN the Competition Advocate except that which includes a c! car statement of the ratifkations of procurerrent actions delegated authority. Including Subpart 2003.1-Safeguarde valur.d at $2.500 or less may be responsibilitios and bmitations in N 01 US^dd* 88 88d"*8-approved by the appropriate Regional addition to the " Certificate of Administrator or at a level above the Appointment"; SF 1402. 2003.101-3 4sney reipatiorm, a ppropriate lludquarters Contracti NRC standards of conduct for its Officer. For any sud action oppro PART 2002-OEFINmONS employees are b!!sbad in 10 CFR Part by the Regional Admirostrator, all other sur6rity 42 U S C 2M; 42 U S C 5841, O. The standar s of condud include terms of Subpet 20016 are appikable, and 41 U S C 418M requirements for financial disclosure and a copy of all documentation must (50335-28). be submitted within twa wosking days Subpart 2002.1-Definitkms ta the Competition Advocate. Subpart 2003.2-Contractor Gt stufttee 2 00 DefWtions. (c) Reguest received by contracting to Government Personnet ofLcers for ratification of commitments Agency trans the Nuclaer bgulatory made by personnel lacking contracting Commission (NRC). 2003.303 Reportbg suepected doladene authority must b oror=wd as f)lowsr Agency Head or Head of the Agency of #4 F s M ties elevse. (1) The Dedgnating OTcial, means the NRC Executive Director for (a) ruspected violaticos of the responsible f >r the offm x;uest, shall Operations, for the purposes speciEed "Gratuitles" clause, FAR 52.203.3, raust furnish the contracticg o.11cer all in this regulation and the FAR.This be reported orally or in writing directly records and dwu,oc..a coomrning the delegation does not extend to internal to the NRC Of5cs of thelospector

GM60 lederal Register / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Rules and Regulstions General. A report must include all facts PAfJ 2009-CONTRACTOR contract awarded non-competitively and circumstances rdated to the case. OVAUFICATIONS under the Small Business Adrr.inistration's 8(a) Program. His Refer to 10 CFR 0.73542, Gtfts, Entertainment and Favors, for an Subpart 2009.1--Responsible polic) is also applied when redewing esplanation rtptding what is Prospective Contractors subcontracts for the purpose of granting consent under NRC prime contracts. prohibited and what is permitted. (b)Reterm A7tCemployeeincludes N9 oo NRcEntractprovisions (b) When appropriate. discussions ncy. special Government employ ees with the contract'ng officer or a higher 2ao9105-70 Performing services for NRC as experts, procurement efEcial, procurement Subpart 2009.4---Debarment, advisors, consultants, or members of pohcy staff. and the procurement legal advisor prior to filing a report are Suspension, and inellglbmty advisory committees,if-(1) no contract arises directly out of encoura ed the individual's activity as a special 9 Cr 1 ated hst of parties employee; PART 2004-ADMINISTR ATIVE encluded from Foderal procurement or (2) The individual is in a position to MATTERS con procurement programs. 2009 405 Effert of listieg influence the sward of the contract; or A uthority:42 U S C 2201. 4 2 U S C 5641; 2909 405-1 Cor.tinaation of current (3) he Conbacting Of5ter and 41 U.S C 481(bl. contracts. determines that another confilet of 2009 405-2 Restrictions on subcontracting. gdemst eusts. Subpart 2004.4-Safeguardin9 2009 406 Deharment. Claselfied Information Within industry 2009 40 0 3 Procedures. (c) A justification erylaining why it is in the best interest of we Government to 2009 407 "npenslort 2004.404 Contract clauses. 2009 407-3 Pro &dures contract with an individual or firm 2009 470 Appeals. described in paragraph (al of this The security clauses used in NRC contracts are found at 2052.204. They Subpart 2009.5 -Organizational de ppro ed y t e P m at are Conflicts of Interest Executive after consulting with the (a) Security,20s2.204-70 Ris clause Executive Director for Operations or his 2009 500 of subpan. will be used m all contracts durmg the Sco[ organizational conflicts ofdesignes, his is in eddition to any ggg9 379 gg performance of which the contractor interest. justification and approvals which may may have scress to, or contact with 2009 $7M Scope of pc,licy. be required by the FAR for use of otne classified inforTr.ation, includmg 2009 570-2 DefinitionL than full and open cornpetition. National Security information, restricted 2009 570-3 Criteria for recognizing (d) NoWng b Ms pohey statement data, formerly restricted data, and other ccmtractor or6an!re, cal conflicts of M1 str d u Mng foe employees from obligations prescribed 2009 70 4 Representation. (M Site Acas5 Badge Requirements. 2009 570-5 Contract clauses. by law, such as 18 U.S C. 207, 2052 204-71. R!s clause will be us 2009 570-6 Evaluation. fir d: cgs. and Disqualification of Former Officers and in all contracts under which the contract award Employees. 2009 570-7 Confbets identled after sward. contractor will require access to 2009 570 4 Subcontracts. 2009.105-70 Contract provisions. Government facihties ne clause may 2009 570-9 Waiver. De contracting omcer shall insert the be altered to tvfiect any special 2009 57M0 Rm&.s. following provisions in all solicitations: conditions to be applied to foreign Authority 42 U S C 2201. Sec. 201,88 (a) Section 2052.209-70, g % ;,, Stat.1242; es amended. 42 U.S C 5841; and Qualifications of Contract Employons. SUBCHAPTERlhCOMPETTDON AND 41 U.S C 41Mbl. [b) Section 2052.209-71 Current / ACOUISTDON Pt.ANrMG Subpart 2009.1--Responsible Former Agency Employeeinvolvement. PART 2005-PUBUCtZING CONTRACT Prospective Contractors Subpart 2009.4-Deberment ACTIONS 2009.101 NRC policy, Sutpen&lon, and Ineflgibility Authority: Sec.161. 68 Stat. 94 8, as (a) It is NRC policy that contracts will 2009 M Defin%ns. amended (42 U.S C 2201). Sec. 201, rs Stat. not normally be placed on a 124 2. as amended 142 U.S C 5&4 th Pub. L noncompetitive basis with an individual As used in 2009.4: 93-490. 68 Stat 7%, as amended by Pub. L who was en played by the NRC within Deborring ofpelat means the 90-e3,93 Stat 648. Pub L 98-577,98 Stat. two years of the date of the request for Procurement Executive. 3074 (4) U S C 401 e'saq l procurement edion. Dis policy also Infflofing officialmeans the penains to any firm in which a former contracting officer, the Head of the Subpart 29055-Paid Advertisements NRC employee is 3 partner, principal Contracting Activity (litA), the Mcer, maj rity stockholder, or which Procunment Executive, or the Inspector 2005302 M.orny. is otherwise controlled or General. Before placing paid advertisements in predominantly staffed by former NRC Suspending official means the newspapers and trade }ournals to employees and for granticg consent of Procurement Executive. publicize contract actions, written subcontracts. An exception to this authority must be obtained from the policy will be made if it is determined 2000.404 Consoftdated not of parties Director, Division of Contracts and by the agency Procurement Executive to

• 1clud*d from Federal procurement or non-Property Management, for lleadquarters be in the best interest of the Government Procurement programe.

activities, or the Director, Division of to do so. %Is restriction also applies to %e contracting omcer responsible fcr Resource Management and former NRC employees acting as a the contract affected by the debarment Administration, within each regional principal under a task order type or suspenalon shall perform the actions omce for a regional procurement. contred or as a principal under a aquired by FAR 9.404(c)(tH3).

Federal Register / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Rtdes and Regulations $1181 j 200s es Effect of asting. a locadon and time that is convenient to Sut> pert 2000.%-Orgenhetlonal Compelling reasons are conaldered to the parties concerned, and no later than Confilete of interest be rewnt where failun to contract with 30 days after the contrador received the 2009.500 Scope of s@ art, the debarred or suspended contractor notice,if at all ponsible.ne contractor would seriously harm the agency's and any spmifically named af511stes In accordance with 42 U.S.C. 2210a., programs and prevent accomplishment may be represented by munsel or any NRC acquisidons are processed in of m.ssion nquirements.W duly authorized representativs. ectordance with 2009 570, which takes Procurement Executive is authorized to Witnesses may be called by eitber party. precedence over FAR 9.5 with respect to make the determinations under FAR & procwdings must be conduded Wjanizational conflk.is of interest. o 9.405. Requests br these determinations expedidously and in such a manner that are nonenmeteg guidance appears must be submitted through b !!CA to each party will have an opportunity to in FAR 9.5, that guld.mco must be the Procurement Executive. prewnt all infc mation considered kilowed. pertinent to the proposed debarment. 2009.570 NRC orgar.trafonal cord!'c*s of 20C9.405-t Contirwatton of curtont cor. tracts. 2009.407 Cuspnsion. TW liCA is authoriad to make the 2009.570-1 Scope of poacy. 2009.47-3 Proceboa. deter:nications under FAR k405-1. (a)!!Is the policy of NRC to avold. con in of rb are f '[a 2003 2 strktions o" g h The !!CA is authc&ed to approve [n N ac ms % &n by uidng nati which ma ufEcient subcontracts with 6 barrr.d or cause for suspension, the case must be gfg h hco mt

• P uo if suspended subcor. tractors under FAR refermd through the liCA to the any, with organizaticas or rsons 9.405-2.

Procurement Estrutive imrnediately. (including those regulated the NRC) 2009.s06 Debarment. b case nmst be accompanlod a wh!ch may give rise to actual or complute statamont of the facts a ong potential conflicts ofInterest in the 2009.406,3 Procedures. with a recommendation for action. event of contnct award. (a) Investigation and teferral. When a Where the statement of facts indicates (b) Contractor conmct oflatorset contractiag omcer becomes aware of the irregularities to be possible crlminal detenninations cannot be made possible irregularitics or any offenses, or for any other reason forther outomatically or rou.nely.The d information which may be sufficient investigation is considered necesaary, application of sound judgment ou cause br debarment, the case must be the matter must first be referred to the vlttually a case-by-case ksis la refened through the llCA to the llCA who will consult with the Omco nocessary U b policy is to be appbd Prwurement Execudve immediately, of the inspctor General to determine if to satisfy b overall public interest. it m case must be accompanied by a further Investigation is required prior to is not possible to presan'be in advunca complets statement of the facts referring the matter to the suspending a sydfic method or set of criterie (induding a copy of any criminal official. which would serve toidentify sad indictments,if applicable) along with a (b) Decision-rnaling proces. If after resolve all of the coct actor conflid of recommendation for action. Where the reviewing the roccmwr.dations and interest situations which might adse. statement of facts indicates the consuhing with e % < th* llowever, eumples are provided la irregularitics to be possible cnminal Geners! Counsei -.f 4. opiiete. the these regulations to guide app!!catice of offensaa, or for any other reason further Omce of the Insp, wt Cenen I., th* this policy guidances The uhlmats twt Investigadon is considered necessary, suspending omdal Verd = ls as follows: Mght N contractor, U the matter must first be referred to the suspension is justiSed..~.,endin8 awarded the contred,be placed in a 11CA who will consult with the Offica ofLcial shallinitiate the prog d position where its judgment may be of the Inspector General to determine If suspension in accordance wita. AR biased, or where it may have an unfair further investigation is required prior to 9.407-.3(b)(2). The contractor aball be competitive 6dvantage? refwrfog Io the debarring offidal. given the opportunity to appear at an (c) The conflid of mterest rule (b) Dodsion.rnaking process. If, after informal hearing sJmilar in nature to contained in this subpart app!!w to reviewing the recommendations and b hearing for debarments as discussed contractors and ofkcrs on}y. consuhing with the Offics of the in FAR 9.406-3(b)(2). If the contractor Individuals or firma who have other General Counsel and, if eppropriate, the falls to submit a timely written response relationships with b NRC(e.g4 partles Omce of the Inspector General, the within 30 days after receipt of the to a licenslag proceeding) are not debaning omdal determines debarment notice, the suspending official may covered by this regulation. This rule is justified, the debaning official shall notify the contractor in accordance with does not apply to the acquisition of initiate the propcsed debarment in 9.407-3(d) that the contractor 1:r consulting services through the accordance with FAR 9.406-3(c) and suspended. personnel appointment pro sa,NRC notify the !!CA of the action talen. If the agreements with o%r govemment 2009A70 Apposta. contractor falls to submit a t!mely agendes, IntemaMonal organ!zations, or written response within 30 days after A debarred or suspended contrador state, local, or foreign governmerds, recaipt of the notice, the debarring may appeal the debarring /suspendtng Separate procedures for avoiding otherw{ise furntshing a written notice conflicis of interest will be employed in omcla s decision by mailing or omdal may notify the contrador in accordance with FAR 9.4D6-3(d) that these agreements, as appropriate, b contractor in debarred. Within 90 days frorn the date of the (c) Fact finding promedings. For decision to the Executive Diredor for 2009 57tNI Definmene. actions listed under FAR 9 406-3(b)(2), Operations. A copy of the not!ce of Aa used in 2009.57tP: b contractor shall be gfvon N ap.1 must be fumished to the Affdiates means besiness concerns opportunity to appear at an informel de ng/ suspending omcfal from which are affiliates c(sech other when hearing. The hearing should be held et whose deddon the appealis talen/ either directly or indirec21y one ~ concern a

($1162 Federal Register / Vol. 57, No. 247 / Wednesday, December 33, 1992 / Rules and Regulations or individual c ont ols or has the power intemal assistance to a component of assistan2 to acy organlution regulated by(the NRC. to c entrol another, or when a third party the NRC in the fermulation or ii) Where the offeror or contractor controis or has the power to control administration of its programs, projects, tah. or policies which nonnally require that provides advice to the NRC en the same Cor:!ract means ar:y contractual the contractor be given access to or similar matter on which it is also agreement or other arrangement with proprietary information or to providing assistance to any organitation the NRC euept as prmided in information that has not been made regulated by the NRC, 2009 5 0-1(c) availab!c to the public. These services (iii) Where the offeror cr contractor Co,tm:for n est s any person, firm. t3 pical'y inc!ade assistance in the evaluates its own products or services, I uins orporated association, joint preparation of program plans, or has been substantially invoked in the ( s er.tu re, co sponsor, partnership, heirpreliminary designs, specifications, or development or marketing of the l corporation, affsstes thereof, or t Matemer.ts of work. products or services of another entity, (iv) Where the award of a contract successors in int erest, including their j chic f c wcutives, director, Ley personnel * "t'*C'*' *'gantuttmas conn.cta of contractor in a cor.flicting role in which 2009 57M c<tterta for recogn'rjn0 would result in placing the o'feror or i bdentif.ed in the contract), proposed 3"*"t its judgment may be biased in relation consMtants or subcontractors, w hich are (a) Ceneml to its work for the NRC. or wculd result a partv to a contract with the NRC. (1) Two questions wiH be asM, in an unfair competitive advantage for m Edluation ac!Mti,s mi ar.s ny effort determirurig whether actual or potential the off ror or contractor, e irvol ing the appraisal of a technobgy, anizational connicts of interest ecst: (v) Where the offeror or contractor process, prod uct, or policy. rfi) Am there conflicting roles which solicits or performs work at an applicant 0% mr er pmspective contractor mens any person, firm, unincorporated rmght bias an offeror's or contractor's or licensee site while performing work judgment in relation to its work for the in the same technical area for the NRC association, joint s enture, co-sponsor, NRC' at the same site, partnership, corporation, or their . Oil hiay the offeror or contractor be (2)The contracting officer may affiliates or successors in interest. guen an unfair competitive adsantage request specific information from an inclu ding their chief executives, bued on the perfonnance of the offeror or contractor or may require

d. rector, Ley personnel, proposed consultants, or subcontractors.

e ntrace, ultimate determinat2on that special contract clauses such as (2) NRC s, crovided in 2009.570-5(b)in the submitting a bid or proposal, solicited nyaniational con 0icts of intcrest exist Iollowing circumstances: or unsofiated, to the NRC to obtain a will be made in light of common sense (i) Where the offeror or contractor centrad. and gwd business judgment based upon prepares specifications that am to be Ognizationalconficts ofinterest the relevant facts. While it is difficult to used in competitive procurements of means that a relationship esists identify and to prescribe in advance a products or services covered by the whereby a contrador or prospective 5P*cific method for avoiding all of the sp(ecifications.ii) Where the offeror or contractor centractor has present or planned . '5 Situstions or relationships that Vd" interests related to the work to be might involve potential organiutional prepares plans for specific approaches performed under an NRC contract c nuicts finterest, NRC personnel will or methodolcgies that are to be w hich: pay particular attention to proposed incorporated into competitive (1) May dimimsh its capacity to gis e im partial, technically sound, oljective contradual requirements that call for procurements using the approaches or assistance and shice,or rnay otherwise the rendering of advice, consultation or methodologies. evaluation activities, or similar (iii) Where the offeror or contractor is result in a biased work product, or activities that directly lay the granted access to information not (2) May result in its being given an unfor competitis e advantage. groundwork for the NRC's decisions on available to the public conceming NRC Potentia /conpict ofinterest means regdatory activities, future plans, policies, or programs that could that a factual situation exists that procurements, and research programs. form the basis for a later procurement suggests that an actualcon0ict of Any work performed at an applicant or

action, interest rnay arise from award of a licensee site will also be closely (iv) Where the offeror or contractor is proposed contract. N term potential scrutinized by the NRC staff.

granted access to proprietary (b) Situations or relabonships.The information of its competitors. conpoct ofinterest is used to signify following situations or relationships (v) Where the award of a contract those situations that-(1) Merit investigation before contract may give rise to orEanizational conflicts might result in placing the offeror or aw ard to ascertain whether aw ard of interest: contractor in a conflictir g role in whlch (1) The offeror or contractor shall its judgment may be biased in relation would give rise to an actual con 0ict; or disclose information, that may give rise to its work for the NRC or might result iz) Must be reported to the contracting officer for investigation if they arise to organiutional conDicts of interest in an unfair competitive advantage for I I during contract performana, under the following circumstances The the offeror or contractor, Fesearch means any scientific or information may include the scopa of (c) Policy application guidance. The technical work irn olving theoretical work or specification for the following examples are illustrative only analysis, e xploration, or requirement, being performed, the and are not intended to identify and esperimentation. period of performance, and the name resolve all contractor organizational Subcontractor means any and telephone number for a point of conflict ofinterest situations. subcontractor of any tier who perfonns contact at the organization (t)(i) Example.The ABC Corp. lu work under a contrsct with the NRC knowledgeable about the commercial response to a Request for Proposal except subcontracts for supplies and contract. (RFP), proposes to undertake certain subcontracts in amounts ncA exceeding D) Where the offeror or contactor analyses of a reactor component as the small purchase threshold, provides advice and recommendation to called for in the RFP. 'lle ABC Corp, is Technical consulting and the NRC in the same technical area one of several companies considered to management supporf services means where it is also providing consulting be technically well qualified. In

Federal Register / Vol. 57, No. 347 / Wednesday, December 33, 1992 / Rules end Regulations 61163 response to the inquiry in the RFP the walver must be fully documented in cycle facilities. ABC Corp. is disided ABC Corp. advises that it is currently accordance with the waiser provisions into two separate and distinct divisions, performing similar analyses for the of this policy with particular attention AD and BC. The BC Division performs reat f or manufacturer, to the establishment of protective the same or similar services for bi) Guidance. An NRC contract for mechanisms to guard against bias, industry. The BC Division is currently that particular work normally would not (4)(i) Example.The ABC Corp. providing the same or similar services be a a arded to the ABC Corp. because submits a proposal for a new system to required under the NRC's contra :t for an the company would be placed in a esaluate a specific reactor component's ap[plicant or licensee. position in which its judg nent could be performance for the purpose of il) Guidance. An NRC contract for biased in relationship to its work for the developing standards that are impcrtant that particular work would not be NRC. Because there are other well. to the NRC proFram The ABC Corp. has awarded to the ABC Corp. He AD quahfied companies available, there advised the NRC tl.:it intends to sell Division could be placed in a position would be no reason for considering a the new system to indus'ry once its to pass judgment on work performed by waiser of the policy. practicabihty has twen demonstrated. the BC Division wbich could bias its (2)(i) Example, ne ABC Corp. in Other companies in this business are work for NRC. Further, the Confhet of response to an RFP, proposes to perform using older systems for esaluation of the Interest provisions apply to ABC Corp. artsin analyses of a reactor component specific reactor component, and not to sepa ate or distinct divisions that is unique to one type of advanced (ii) Guidance. A contract could be within the company. If no reasonabb reactor As is the case with other awarded to the ABC Corp. if the contract alternative exists, a waiver of the policy technically qualified companies stipulates that no infc rmation produced could be sought in accordance with responding to the RFP, the ABC Corp. under the contract will be usal in the 2009.570-9. is performmg various proj.<ts for contractor's private activities unless this (7)(i) Example ne ABC Corp. several different utility clients. None of information has been reported to the completes an analysis for NRC of steam the ABC Corp. projot. s have any NRC. Data on how the reactor generator tube leaks at one of a utility's t rotationship to the work called for in the component performs, which is reported six sites. Three months later ABC Corp. RFP. Based on the NRC evaluation the to the NRC by contractors, will normally is asked by this utility to perform the ABC Corp. is considered to te the best be disseminated by the NRC to others to same analysis at another ofits sites _ quahfied company to perform the work preclude an unfair competitive (ii) Guidance. 2052 290-73(c)(3) advantage. When the NRC furnishes would prohibit the contractor from ouWA M Sa Rrp. information about the reactor beginning this work for the utility until (ii) Guidance. An NRC contract normally could be awarded to the ABC component to the contractor for the one year after completion of the NRC Corp. because no conflict of interest performance of contracted work, the work at the first site. exists which could motivate bias with information may not be used in the (8)(i) Example. ABC Corp. is assisting respect to the work. An appropriate contractor's private activities unless the NRC in a major en-site analysis of a clause would be included in the information is generaHy available to utility's redesign of the common areas r ontract to preclude the ABC Corp. from others. Further, the contract will between its twin wctors ne contract subsequently contracting for work with stipulate that the contractor willinform is for two years with an estimated s alue the praate sector that could create a the NRC contracting officer of all of $5 million. Near the completion of conflict during the performance of the situations in which the information, the NRC work ABC Corp. requests NRC contract. For example. ABC Corp. developed about the performance of the authority to solicit for a $100K contract would be precluded from the rvactor component under the cdntract,is with the same utility to transport spent performance of similar work for the proposed to be used. fuel to a disposal site. ABC Corp. is company developing the advanced (5)D) Example.The ABC Corp.,in performing no other work for the utahty. reactor mentioned in the example. response to a RFP, proposes to assemble (ii) Cuidance. De Contracting {3)h) Example. ne ABC Corp in a map showing certain seismological Officer, would allow the contractor to response to a competitive RTP, submits features of the Appalachian fold belt. In proceed with the solicitation bocause a proposal to assist the NRCin revising accordance with the representation in (A) it is not in the same technical area NRC's guidance documents on the the RFP and 2009 570-3(b)(1)(i). ABC as the NRC work and (DJ the potential respiratory protection requirements of Corp. Informs the NRC that it is for technical bias by the contractor 10 CFR part 20. ABC Corp. is the only presently doing seismological studies because of finar,cial ties to the utility is firm determined to be technically for several utilities in the eastern United slight due to the relative value of the acceptable. ABC Corp. has performed States, but none of the sites are within two contracts. substantial work for regulated utihties the geographic area contemplated by the (9)(i) Example.ne ABC Corp. is in the past and is expected to continue NRC study. constructing a turbine building and similar efforts in the future. The work (ii) Guidance. The contracting officer installing new turbines at a teactor site. has and will cover the writing, would normally conclude that award of ne contract with the utility is for five implementation, and administration of a contract would not place ABC Corp. years and has a total value of $100 compliance respiratory protection in a conflicting role where its judgment million. ABC Corp. has responded to an rtight be biased. Section 2052 209-73(c) NRC Request for Proposal requiring the prog) rams for nuclear power plants, (ii Guidance.This situation would Work for Others, would preclude ABC contractor to participate in a majer team place the firm in a role where its Corp. from accepting work which could inspection unrelated to the turbine work Judgment could be biased in create a conflict ofinterest during the at itse same site. ne estimated value of relationship toits work for the NRC. term of the NRC contract. the contract is $75K. Because the nature of the required work (6)(i) Example. AD Division of ABC (ii) Guidance. An NRC contract would is vitally important in terms of the Corp.,in response to a RFP. submits a not normally be awarded to ABC Corp. NRC's responsibilities and no proposal to assist the NRCin the safety since these factors create the potential reasonable altemative exists a waiver of an environmental review of applications for financial loyalty to the utility that the policy,in accordance with for licenses for the construction, may bias the technicaljudgment of the 2009 574-9 may be warranted. Any operation, and decommissioning of fuel contractor. s

[ 01164 Federal Register / Vol. 57, No. 247 / Wednesday, December 23. 1993 / Rules and Regulations (d) Orher muiderg.Wes. (d) The efferor's f4!cre to execute the to terminate the contract, as prnv!ded In (tI ne !act that the NRC can identify represer.tation required by paragraph (b) the clauses required by 2009.570-5 the and later seid,ehrnMo.cr neutrahre of this secion with mspwt to an contacting officer shall tale every any psential o gnira ional confhtts inutadon for bids is censidered to be a resscr.able action to avoid, eliminate, or, ariCng from 11 e performance of a minor informahty. He offerar will be aner obtaining a walver in accordance t ontrad is not relevant to a permitted to corred the omission, with 2009.570-9. neutralize the effects deterndnetion of the ex:stence of of the identified conflict. (onflids prict to the awed of a al Cerfraicentruct cimse. All 2009.57 H Subcontreets. catract. (2) It is not relevant that the centrerts ed smaU purrhases of the De contracting of!Icer shall require mt: actor hn the prMewicnal types set forth in 2M UO-0) mu t offerors and contractors te submit a reputation of being aNe ta resist ialude the clause entit!ed. " Contractor representative statement from all inrp'ations which a-ise from Orpnir.ational Confhrts of Interest." set sutentractors (other than a supply mpnizational confhets of interest, or forth in 2052 209-73 subcontractor) and consultants that a follow an prvu ement is not (b) Other speralcontred clauses Ifit perfcr ning senices in excess of $10.000 i,wch ed, or that a contract is awarded is delem ined from the nature of the in amordar. > with 2009.5?D-4(b). ne cn a (ompetitive cr a soie sourte basis. proptsed contract that an organizational contacting officer shall require the confhd ofinterest ex.ists the contractor to include contract clauses in 2009 57N Representation, contracting officer may determine that acco< dance with 2009.570-5 in (a) The following procedures are the conflict can be avoided, or, after consultant agreernents or subctnts cts desy;ned to assist the NRC contractin8 obtaining a waiver in accordance with involving performance of work under a ofSrer in determining whether 2009 570-9. neutralized through the use prirce contract. si*uations or relatier. ships exist which of an appropriate spec:a1 contract 200N wah n.av constitute orEin! rational connicts clause. If a;propriate. the offeror may (a) ne contracting oflicer determines ofinterest with respet to a particular cegotjate the terms and conditions of the need to seek a waiver for spxf fic offeror or contractor. ne proced are$ these clauses, including the e stent and contrsct awards, with the edvice and. apply to small purchases meeting the time period of any restriction. nose c ncurrence of the program office triteria stated in the following clauses include but are not 11mited to: director and legal counseh Upon the parapaph (b) of this sedien (1)ltardware exclusion clauses which recommendation of the Procurement (b) The organizational conflict of prohibit the acceptance of production Executive, and aAer consu}tation with interest representation provision at contrads following a related non-h gal ansel. the Executive Director for 2052.209-72 must be included in production contract previously Operstims may walve the pohcy in solicitations and unsolicited proposals, performad by the tor. tractor: specific cases if he determines that it is (including those for task crders and (2) Softw are exclusion clauses; in the best intarest of the United States modifications for new w ork) for: (3) Claases which require the (1) Evaluation services or edivities: c ontactor (and certain ofits key 80 d0 '0, (b) Waner action is strictly limited to (/)Technicalconsult ng and personnel) to avoid certain those situations in which: mannement support services; orpniutional con nicts of int erest; and (1)The work to be performed under (3) kesearch; and I C hich defo (4) Otner contractual situations where Pro ()ctio musct is dal to the E pmgran nSde t al data and (2) ne work cannot be setisfactorily spacial organiutional conflicts of guard against its unaathcn.ud use. performed exceptby a contractor whoes interest provisions are noted in the interests give rise to question of conflict solicitation and would be included in 2009.57H Evaluation, findtngs, and the resulting contract. This contreet ewartt. of interest. (3) Contractual and/or technical representation requirement also applies ne contracting of5cer shall evaluate review and surveillance rnethods can be ta all rnodifications for edditional effort all re!evant facts subm!!ted by an offeror empl yed by the NRC to neutralize the under the contract except those issued and other relevant information. Af!ar C"Ud-un de r the " Changes" clause. Where. evaluating this information against the (c) Tor any waivers, the justification. however, e statement of the type cri:eria of 2009.570-3.the contracting and approval domments must be placed required by the crganiutional conflicts cificer shall make a f.ndings of whether in the NRC Public Document Room, cf interest representation provisions has organizational confhets of interest esist 2120 L Street. NW. (Lower Level), previously ten submitted with regard w,th respect to a pardcular offeror. If it W ashingtm. DC. ta the contract twing modified, only an has been deiermined that real or tp(dating of the statement is required-c) The offeror may, bocause of actual contracting officer shall: In addition to other remedjes potential conflicts of inturest exist, the 200937Mo Rwneses. or potential o ganlutional conflicts of (a) Disquahfy the offeror from award; crmitted by law or stract for a lior reach of the restrictions in this subpart ^' 1afr in n!ess tY Prop e e u i o or c or fc r any intent,onal misrepresentation i ihe RFP spacifically prohibits the (c) Award the contract under the or intantlunal nondisclosure of an esclusion Any such proposed euluu.on wiver provision of 2009 570-.9 relevant interest required to be provided by an offercr will be tors;dered by the for th.s section, the NRC may debar the MC in the evaluation of propetals. If 2x9 SrM Connicta identmed aMw cet:3ctor from subsequent NRC LN NRC considers the picposed a* w "U'" e uluJed work to be an essential or If potential organizational conflicts of integral part of the required work and its interest are identified after award with P ART 2010-SPECIFICAT10NS, c sclusion would be to the detriment of respect to e pasticular contractor, and STANDARDS, AND OTHE.R PURCHASE the c ornpetitne porture of the other the contract rig officer determines that DESCRIPTIONS

• c%urs. the NRC shall reject the conflicts do exist and that it would not prepcsal as unacaptable.

be in the best laterest of the government sw. a

^ Federal Register / Vol.'57, No. 247 / Wednesday, December 23, 1992 / Rules and Regulations 61165 2010 004-Brsed name products or equal. and procedures are applicable to the Subpart 2013.5-Purchese Orders 2010 011-Schcitation pronsions and estent practicable. ontract clauses. 2013 505-2 Agency order forms in fleu of 2010.011 Solicitation provts!ons and Optional Forms 347 and 348. Authoriry: Sec.161. 08 Stat. 948, as amerded (42 U S C 2201). Sec. 201. E8 Sta,. mtmt Mses/ NRC Form 103, Purdase Order, is 124 '. as amenJed (42 U.S C 5641:41 U S C Da contractmg officer shall insert the prescnbed for use by the NRC in lieu of 41Bibl. clause at 2052.210-71 Drawings, Optional Forms 347 and 348. { Designs, Specifications, and Data in all 2010 004 Brarid name products or equal. contracts m which drawings, des;gns, PART 2014-SEALED BlDDING i (a) Acqum.. ions will generally not be specifications, or other data will be t hsed on a specifically identified des eloped and the NRC must retain full Subpart 2014.2-Solichation of Bide prodact or feature (s) thereof. Ilowescr* rights to them (escept for the 3,c. under unusual circumstances this type contractor's right to retain a copy for its 2014 201 Prepa:ation of;cvitation for bids. of approach may be used as destnbe own use). When any of the clauses 2014 201 4 70 SoHeitatica pmvisions. bdom prescribed at FAR 27.409. Solicitation (b) Brand name or equal purchase Prosisions and Contrec1 Clauses, are Subpart 2014.4-Open!ng of Bids and descriptions must cite allbrand name included in the solicitation / contract. Award of Contract products known to be acceptalle and of this clause will not be used* current manufacturo. If the use of a 2014.a06 ISatakes in t4ds. brand name or equal purchase PART 2012-CONTR ACT DELIVERY 2014.406-3 Cther mistakas d!sclosed description results m the purchase of an OR PERFORMANCE before sword acceptable brand name product which was not listed as an " equal" product, a Authority:42 U S C 2201; 42 U S C 5841. Authority:42 U.S C 22ct:42 U.S C 5841: reference to that brand name product and 41 U S C 418M and 41 U.S C 41s{b). should be included in the purchase Subpart 2012.104-Contract clauses Subpart 2014.2--Soficitation of Bids description for later acquisition. If a hrand name product is no longer 2012.104-70 NRC clausu. 2014 201

• Preparstion of W!tstion for bids.

applicable, the reference to that brand (a) The contracting officer shall insert 2014.201-670 Solicitation pecvisions. name must be deleted from any the clause at 20d212-70, Preparation subsequent parthase description. of Terhnical Reports, when deliverables (a) The contracting officer shall insert (1)It is imperative that brand name or include a technical report. the provision at 2052.214-70, Prebid equal purchase descriptions spacify (b) The contracting officer shall insert Conference, in Invitations for Bids (IFB) each physical or functional the clause at 2052.212-71. Technical where there will be a prebid conference. characteristic of the product that is Progress Report, in all solicitations and This provision may be altered by the essential to the intended use. Failure to contracts except-contracting officer to fit circumstances, do su may result in a defective (1) Firm fhed rice; and solicitation and the necessity to resolicit

12) lndefinitelelivery contracts to be (b) The cognizant contractin' officer shati inseri in all invitations for bids, l

the requirement. Care must t>e talen to awarded on a time and matenals or except as noted, the provisions at: avoid specifying characteristics that labor hour basis, or which provide for (1) Section 2052.214-71, Bidder i cannot be shown to matenally affect the issuance of delivery orders for specific @elifications and Past Modeem. - intended end use and which products / services (hne items). - I Ptiona1, to Et circumstances) '.- unnecessarily restrict competition. (c) The contracting officer shall insert (2) When desc ribing essential the clause at 2052.212-72, Financial (2) Section 2052.214-72, Bid characteristics permissib!e toleraates Status Report, in all solicitations and Evaluation (paragraph f. is optional). I should be indicated. A characteristic contracts (escept Fixed Price) when (3) Section 2052.214-73, Timely { (e g a specific dimension) of a brand detailed assessment of costs is Receipt of Bid 8-name product may not be specified warranted and a Contractor Spending (4) Section 2052.214-74. Disposition unless it is essential to the Plan is required:bse the clause at of Bids. Government's need. The contractin8 2052.212-73 Financial Status Report-officer shall be able to justify the Alternate 1 when no Contractor Subpart 2014.4--Open!ng of Bids and ' Award of Contract recfc)irement. Sp(ending Plan is required. u The clause found at 2052.2W70 d)The contracting officer may alter i 014 M Estaku in Nds. must be inserted in all solicitations these clauses' prior to issuance of the citing a brand name or equal, except solicitation or during cornpetition by 2014.406-3 Other mistakes distlosed when sam les are requested-solicitation amendment. Reporting before awart d ye a sd ed h t ris c o a a dn F gn fca t g ma a e t if it was not specified in the brand name by the contracting officer on a case-by-determinations concernin mistdes in arac er st s t to t e o d o p j intended end use, the solicitation is SUBCHAPTE R C-CONTRACTING award These determinations willbe METHODS AND CONTRACT TYPES concurred in by 1 al counsel prior to defective and no award may be made. In these cases, the contracting officer PART 2013-SMALL PURCHASE AND ~ e c gn ant ecung der should resolicit the requirements, using OTHER SIMPLIFIED PURCHASE is delegated the authority to make a purchase description that sets forth PROCEDURES the essential characteristics. determinations concerning mistales, (e)In small purchases within the open Authority: 42 U.S C 2201; 42 U.S.C 5s41;, disclosed after award in accord _ancew with FAR 14.406-4r

&n.,

market limitation.s, brand name policies and 41 U.S.C 41a(b). t

u. p/ 9

~ j ^A W.T.3 ml t ~ Q r ;; c e

! G1166 Federal Register / Vol. 57. No. 247 / Wednesday, December 23, 1992 / Rules and Regulations (b) The contracting of5cer shall insert 2015.506-1 Rectlpt and initial revlew. PART 2015-CONTR ACTING BY in all solicitations for negotiated (a) PD shall acknowledge receipt of an NEGOTIATION procurements for cost type contrads unsolicited proposal, compkte a Subpart 2015 4-Sof: citation and Receipt c4 that do not provide for ta<,k orders or prelimmary review, assign a docket Propass!s and Quotations dehrery orders. the prevision at number, and send copies of the 2052 215-76, Proposal Presentation and unschcited propesal to the appropriate 2015 407-r0 Sohcitahon y rovinn and Format except that: pregam office Director (sl ot des 4 nee w for evah;ation. contad dauses (1) For all solicitations for negotiated (b) PB shall be responsible for task order contracts, paupaphs (e)(4) 261 F. 413 Dacimure and use ofinimah. rut is fore a.cd (xi) and (sii) must be deleted (and the controlling reproduction and distribution of pmposal mreml by 2315 41M Ahernve L. remainder renumbered). ar.d tha notifyingevahators of their Subpart 2015 5-Unsc N ted preposa 8 paragraph fcund at 2052 215-77 must respotWbilities and tracking the numbH r 2ms wr, Agm.cy prv.ches. t>e substituted for parapapb (d)(2). f pmposals receised and forwaraed to 2cu swt Receipt and initial re* * (2) For all negotiated procutements " "l " *

• 2015 sub-2 Esakata for a fixed price, labor hour, or t;me and (d An acknow% ment W d. k 2ms sc7 Contnag methods.

materiah cor. tract, paryraph (d:(2) shall I P

• • [.idi S Mart 2015.6-Source Selection be dele ed from the provision 2032.215-n ed fra funding ecision oridentifvir-N 76.

2015 6n2 Appik abihty 2 M 5 604 Repr.sibihtws The provision must be tailcred t reasons for non-acceptance'of tim

GM 605 Evataat.nn fattes assure that all sedions. but in particular proposal for review in accccdance with 2315 607 D

sciosare of n.. stakes td te mryh (e).TechW1 and FAR 15.503 ard 15.505.

Managen,ent Propesah reflect a one-to-tai m rdationship to the evaluation 2015 506-2 EveNarion. tao ussion Directors of NRC offices shall conduct cnteria. 2015 612 Scart.es Evabtion Pand (c) The contracting officer shall inser: comprehensive techmcal evaluations of 2;). s tal 1%t and fina: offers. preposals submitted to them by the PB, the provision at 2052.215-78, in accordanu with the criteria structure. RFPs where 20M 670 Contact prm:smns. Preptoposal Conferenc @l conference. discussed in FAR 15.506-2(a). Auiberity: 42 U S C. 2201; 42 U S C 5641. there will be a preproposa ed 41 U S C 41rM This prosision ma be altered to fit the 2015.507 ContractJng methods. If a noncompetitive contract is Subpart 2015.4-So" citation and (d) The contrading officer shall.msed recommended.theDirector of the Peceipt of Proposals and Quotations the clauses at 2052 215-79 Travel recommending NRC office shall submit Feimbursement. 2052-215-79. Travel to the Division of Contracts and 2015 407-70 Sonckarion proviaWs and Ref.bar.ent -Alternate 1 with rty Management a written l b) The contracting officer sh all insert paragraph (a) deleted and the ramsinder Prca[uat contreet classes. eva of the clause renumtwed (for contracts Action (RFPA) and Justification for m Requests for Propesals (RFP4 the when there is no ceihrg amount on Other Than Full and Open Competition provisions at: d mestic travel), and 2052-215-80. in accordance with FAR 15 507(b)(51. (1) Section 2052.215-70. Kev Troel Approvals,in RFPs where there

pm9nnet, will be travel Subpart 2015.6-Sourt a Selection (2%) Section 2052.215-71. Proiect Gi < er Auther.ty (for sohcitatinns for 2015 413 Disclosure ami use et 2015 602 AppucebWy.

e. Irfor r.ats t,efore awars. This subpart does not apply to t ut reimburwment, cost plus fhd fe. cost plus award fee. cost sharing labor contracts awarded to the Small Business 2015 4t F 2 Altemate g. Administration under Section 8(a) of the hour or time and rnatenals, including task order contracts). The procedures discussed at FAR Small Business Act. (ii) Section 2052.215-72, Project 15 413-2 may be used if approved at a Officer Authority-Alternate 1 (for level above the contratting officer. 2015.604 ReeponsiblHties. (a) All persons participating in the sclicitations for issuance of delivery orders for specific products / services) Subpart 2015.5-Unsolicited Propos.ats evaluation process may not discuss 0: reveal information concerning the A2ency proce dotes' esaluations except to an individual (iiil Sedion 2052 215-72. Ptcject 2015.506 Alternsto 2 with OU..n Authority leted and the (a)The Division of Contracts and participating in the same evaluation }, gaph (b)(1)de Propedy Management, Policy Branch proceeding. and then only to the extent rer..nder of the clause renumbered (for (PBhis the point of contact for the that the information is required in wMtatians for firm fixed price receipt, ac}mowledgement, and connection with the proceeding ,sm 3;u; Fandling of unsolicited proposals-Divulging information during m Thi< provision 6 2052 215-70 and A4 ",a*e 1 are intended for (b) thisdicited proposals in original evaluation, selectien, and negntiaticn and two c7 es, and trquests for phases of the ace,visition ta offerors or i esperienced, treined project officers, oMitionul afomstior reprbg their to o.her persen not having a naed to and may be altered to ddete duties preparation n,ust be s.bmitted to: Chief. know could jeopa dire the rew!tsnt w hc re appropriate. Policy Branch. Division of Contracts and award and violates the infanna' ion. (3) Section 2052 215-73, Time!y Feceipt of Proposals; Property Management. Mail Stop P-disclosure provisions of FAR 3.104, (4) Section 2052.215-74. Award 1118. U.S. Nuclear Regulatory Procurement Integrity. These provisiens Notification and Commitment of Public Commission, Washing

• on, DC 20555.

carry criminal as well as civil and This will ensure that the proposalis administrative penalties. Only the runds; and (5) Section 2052.215-75. Disposition legged into the unsolicited proposal contracting officer (or authorized representative within the Division of of Proposals. tracking system. l

Federal Register / Vol. 57, No. 247 / Wednesday, Deceinber 23, 1992 / Rules and Reguletfees h1187 Contracts and PropertfectimManagement) accadasco with tbs colidtedon other administrativs are may release sourts se technical evaluation criteria. The SEP fosmalfred through the shment of information to others during the - prepares and signs the Competit!ve aSEP. selection process. b contracting Range Report with the SEP's findings (b)(1) & SEP facludest office r (or authorized representative) and scoring for each technical proposal (i) At least three technical members shall Instruct all partidpants in the tcyether with its analysis of cost and (one of whom senes as the chairperson) culuations to observe the prohibitions other factors and fonrards the report for who participate in the scodng of of the Procurement Integrity Ad. A the review and approval of the proposals using weighted arahration proct.rement official certification must Destgesting Official. b contracting criteria and evaluating prcposals using be signed for each agency employco officer uses thb technical evaluation other unweighted !betors; and - personally and substantially involved in and analysis of costs and other factors (ii) A contract negotiatcrwho ensures preparing w approving the advance in detenninirg the competitive range. that procurement rules and regulations procurercent plans, statement of work (b) The Designating Official (Office are followed, ensums that the integrity and participating in the source Director or designee) is responsible for of the process is mainta!ned, and evah.ation process [i.e. serving as a appointing the SEP and is responsible cegotiates the contrad on behalf of the member of the Source Evaluation Panel for conducting an indenendent review NRC (SEP)l. and evaluation of the Sh's two primary (2) Except in unusual cases, the SEP (b) All persons participating in the products after proposal evaluation: the should not excsod five members evaluation process shall declare any Competitive Range Report and the Final induding the Chairperson.b financial or other relatlanships which Evaluation Report. Any cancellation of technical memban are usually may create conflict or interest problems solicitations and subwpect refection of employees of the NRC m of5co with their evaluation duties. A form for all proposals must be approved by the initiating the rtx;uest w NRC this purpose must be signed pript to !!ud of the Ccmtracting Activity, emplo oes with expertisein areas receipt of any pmposals a panopatm, n relate to the solicitadon Statemeet of 2015.610 Wdtten w wel deevutone. la dir.cussion of proposals. Work. Appointment of a technical (c) Only the contracting ofLcer (or The contracting officer shall point o t member fmm other than the office authorized reptuentative within the to each offeror within the competidve initiating the ' nest is encoun Division of Contracts and Property range any defidendes fneluding Employ o ag h E!anagement) may conduct discussions ambiguities or uncatainties in its expertise in a speciGc ane may also with offetcts relative to any aspect of pmposal. The discussions are latended serve as SEP technical memben not the acquisition. %e contracting officer to assist the SEP in understanding the withstanding the isd that they are not may include other personnelin pmposals and their stren{e individualemployees of the NRC Ersluators need hs and weakne<ses based upon t not be Federal ernplope,but the d!sc ussions, as nessary, g aid e bis of P 0 f est m us provisions has e been adequately yj)* ",$ 2015. sos E4atuacon factors. it ma & esalvation cntena included in the solicitation should notify o5emrs of the solicitation serve as the standard cons ey ed to the oNrors so that all the NRC's intent to use con-Federal ag.uost w bich au proposals are o&rors are compet og equa!!y on the evalustors. N CO will mah a evaluated, and are the basis for the basis mtended by the Government. determination whether er sci a nanae $n,in a d 20tsm eut amaleMers. Wat evaluator 6 a eg W n 2015 407-70(b) Indication in the The SEP evaluations the techcical memben For pmposed procurarnents with a total estimated cost ofless tham - solicuation of the relative importance of proposal portion of the best and final 1 000 over a perfumance od of evah.ation factors and subfacton is offers Technical proposals will be t yean w fess, a singk t col eccorapl;sh-d by the assignment of a recorded and rescored by the SEP, as numental wei ht to each. For these appropriate, and a Final Evaluation member may be appointed to evaluste factors that wib not be numerically Report of the SEP's findirigs and scorirg prop sals with the cor.tracting officer s we:ghted, only their relative importance for each technical proposal will be approval. Designation of SEP members will be stated in the solicitation. preparai and forwarded to the is actom lished by memorsndum not be Designating OEcial for review and initiated y the director of the p m bamples of factors which maflict of approval prior to submission to the omcs m e director's designan. mmerically weighted are con

nterest, est Mated cost, and business contracting officer for final approval.

officaalis referred to as the Designating evaluatims, and "golon go" evaluation The report will include a summary of Official (DO). futors' the technical analysis of costs as a part (c) Re SEP chairperson may obtain of the analysis of the technical the s,ervices of edvisors (e g legal, 20t5 607 Diectoeure of mistakes before proposals. & SEP's individual financ!al, etc.) to assist the SEP. te ard. evaluation worksheets and summary Advisors who serve on technical ' (a) The rentracting officer shall score sheet must accompany the Final evaluation comsnittees are app &ted la require that the offeror's clarification (s) Evaluaton Report and will become part writmg by the DO. Advison are not SEP provided in accordance with FAR of the official file. rnembers, and therefore do not score t 5.607 be in writing. pmposals Advisors need not be Federal (b) A correction of a Inistals in a 20t5 612 Source EvsNetion Pa%! cmployees, but the potential for conflict proposal may be made only after a of interest must be carefully considered ucture. written determination to permit it has (a) For all proposed contracts with in these esses, and the solichtice teen made by the contracting ofLcer. total estimated values in sess of should notify offerors of the NRC's $25,000 and ex ected to resuh from in'ent to use non-Federal edvisors. 2015.608 Proposat evalddon-competitive t Icel and price / cost (d)W contiacting of5cer shen (a) A Source Evaluation Panel (SEP) nepotiations, the cooperative review establish the competitive map on aD shall evaluate technical proposals in eflorts of technical, contacting,and acquisitions. Thts is accompftsbed by e y .y _p ,.m ,.p,y gu y e.-e.- g

./ 61168 Federe.1 'Regista / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Rules and Regulations approsal of the SEP's written fixed fee, time and rnatorials, or labor Subpart 2019.7-Subcontracting with recommendation transmitted by the DO. hour basis. Small Business and Small (e) The source selection official is the (b) The contracting officer shall insert Disadvantaged Business Concems contracting officer. Selection is made the following provisions and clauses in based on review of the SEP's all cost reimbursement contracts: 2016-705 Responalbmtles of the recommendations as endorsed by the (1) Section 2052.216-71, Indirect Cost contracting omcer under the DO, together with all supporting data to Rates (where provisional rates without subcontrecung aufstance program. ensure that award is in accordance with ceilmg apply). 2019.705-4 RWewing N secontrudng sound rocurement principles and (2) sect on 2052.216-72,Indirmt Cost pian, direct) related to the evaluation criteria Rates-Alternate 1 (where [a) D*g tb mes placdon [ne r a p1 pmess, subcatncung plans mayle as set rth in the solicitation. Any p e , ' Indirect Cost proposed selection not endorsed by the Rates,Altemate 2 (where provisionaj submit them and determined to be in requested from all concerns required to DO will be concurred in by the llead of the Contracting Activity. "[y y,h $nYof er may make the competitive range, for negodation co 2015.670 Contrset provisions, appropriate changes to these clauses to with the apparent successful offeror. (b) The contracung officer may the temu of an overaH or master, accept . (a) ne contracti.n8 officer shall reflect different arrangements. fo d 2052 21 1 o ct A at and Subpart 2016.5-indefinite-Delivery company subcontracting plan Contracts incorporated by reference into a s fic Evaluation of Proposals,in all l h ror solicitations, where technical is Inore 2016.506-70 Cor: tract provlstons and ap .e d ra imbortant than cost:) He contracting ofRcer shall The contracting officer shall insert the spMg catract;ig c!aussa. substitute the paragraph found at following provisions in all solicitations elements require by FAR 19.704* 2052.215-82 for paragraph (b)in all and contracts that contain task order (2) Subcontractin oals for small and solicitation for negotiated competitive procedures: small disadvantage usiness concems procurements where cost is more (a) Section 2052.216-74, Task Order are sEocificall set forth in each contract im riant than tedmical merit. Procedures-dis Re contracting officer shall (b) Sectio'n 2052.216-75, Accelerated [}'r shold* substitute the paragraph found at Task order Procedures. (3) Any changes to the plan deemed 2052 215--83 for paragraph (b)in all SUBCHAPTER CHSOCCECONOMsC necossary and regulfed by the

• solicitations for negotiated com etitive PROGRAMS contracting officer in areas other than procurements where cost and t hnical E"

merit are of equal significance. PART 2017-SPECIAL CONTRACT 1NG (b) The contracting officer may rnake ME7040DS of the ent, contracting officer has copies (4) The appropiate changes to the provisien to tre plan. accurately reflect other evaluation Authorirr 42 U S C 2201; 42 U.S C 5841; pocedurvs. such as evaluation of and 41 U.S C 481(b). PART 2020--LABOR SURPLUS AREA Subp5rt 2017.2-Optiona CONCERNS nd thma ng a fr P procurements. 2017.204 Contracts Authoritr 42 U.S C 2201:42 U.S C 5641; (a) De cetracdog omcer may d"N6 PART 2015--TYPES OF CONTRACTS approve extensions to live ear Subpart 2020.1-General Su art 2016.3-Coat Reimbursement [8,'h hp mm hog f of completing the competitive process Acquisitions that are in excess of s.c. for a follow on contract, provided that $25,000 must be reviewed for potential 2016.307-70 Contract provisions and the compe.tiOve requirement was, labor surplus ares set aside clausa. received in DCPM not less than six consideradon in accordance with FAR b rt 2016.5 Indefinite. Delivery (b) le d o$e fn ntract g a ni en i abors us i Activity may approve extensions for up areas obtained from: U.S. Department of 2016 506-70 Contract providons and to a total of me year. Labor. Employment and Training 'I'"*"' PART 2019-SMAlt. BUSINESS AND Administradon, U.S. Employment Smice Omcs of Labor Mark Authoritr 42 U.S C 2201; 42 U.S C 5841; SMALL DISADVANTAGED BUSINESS and 41 U.S C. 41s(b). Inf rmadm.200 Casutudon Am, CONCERNS NW., room N4456, Washing (tos, DC b rt 2016.3-Cost Relmbursement 20510. Telephone Number: 202) 535-Subpart 2019.7-Subcontracting with small busineas and small

0157, M16.307-70 Contreet provisions and disadvantaged busineas concerns p

pp sa:. LAWS TO GOVERNMENT i (a) De contracting officer shallinsert 2019.705 Res osibilities of the contracting ACQUISITIONS the clause at 2052.216-70, Level of omcer un[er the subcontractics co ta$ningI 2019YO YiNg the subcontracting Subpart 2022.1 Basic Labor Policles ts r mn other than maintenance services, to be plan. s.e. 1 ^ awarded on a cost reimbursement, cost Antherttp 42 U.S.C 2201; 42 U.S.C 5841; 2022.101 1 Ceneral

• ^

sharing, cost-plus-award fee,costf us-and 41 U.S C 418(b). 2022.103-4 Approvals. l

rederal Register / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Rules and &gidations 61169 Subpart 2022.9 Nondiscrimbation Subpart 2025.1-Duy Asnedcan Act-patents whenever a contnctor reports Decause of Age Supplies any patient, wpy or roy y activity, and shall cuamnt t omcial 2t42 901-70 Controct provtstone. 2025.1.2 Policy. file with the resolution to proted the I A dority: 42 U.S C 2?ot; 42 US C 5841; detenn%g hrs may mde b Cosernment's rights rior to maklng any Cont mation required b FAR final payment and c sir g out the and 41 U S C 4186(b) 25102(a)(4), provided t}. determination contract. Subpart 2022.1 DaSIc Labor Pot:cles is factua!!y supportedin writing For ccntraus eicoeding $1 millice, the PART 2030-COST ACCOt#mHG 2022.101-1 Generat. IIead of the Contracting Activity shal! STANDARDS The Ikad of Contracting Ad;vity approve the determination. Authority. 42 USC 2201; 42 USC 5841

• hall dW'Eaato Prc' rams or SUBCH APTER 1-CENERAL and 41 UAC 418M requirements for w ich it is nMessary COVf RACTING REQUIREWE.NTS that centrArs be required to notify the S@d 2MMAS Wm l

Gou rnrr.ent of actual or potentiallabor P ART 2027-P ATENTS, D ATA, AND Requirements disputes that are delayirg or throaten to COPYRIGHTS 2030.201-5 Wa%r. delay the timely contract pafarrnance. b audaxe we 6e FAR 30h 2022.133 4 Approvals. Go nm t Contre 5(c), the llead of the CorWrectin6 The apocy approving ofSdal for sm Activity may waits CAS requirements, cop:stur usertime shall be the 2027 305 Adetnhtratkm of pn'mf rights contractlr.g omter. PART 2031-CONTRACT COST l cimes. 2027 305-3 Pol!c+up by Coermr, ant. PRINCIPLES AND PROCEDURES l Subpart 2022S-NorrdiscrimMation Decause of Age Authority: 42 U.S C 2 01; 42 USC 5841; l and 41 U.S C 418(bL Authodty:42 US C 2:01; 42 U.S C 5541: l and 41 U.S C 418(b]. 2022 901-70 Ccottact ptovisions. The contracting omcer shellinsert the Subpart 2027.3-Patent Rights Under Subpsti 2031.1-AppMcabillby. - provision found at 2052.222-70. Government Centracts 203N70 Mactc!auset. Nor.fisuirnination Decause of Age,in 2027.305 Admtnistrat!on of patent rights all solicit ations, ctauses. b contiading oMcerphallinsert the Re contracticg olUcer shalf ensure clause at 2052.231-70.Precontrad l FART 2024-PROTECTION 0F that each contractor report is in writing Cos s,in all cost type contracts when i PRtVACY AND FREEDOM OF n whether any costs In connection with weil under the claimed, before,gatent rights are being INFORMATION mal payment and contract will be incuned b the closecut of the contract. contractor before the e re date of Sut4 art 2024.1-Protection of IndMdaal Prfvacy 2c27 305-3 f c,riew vp by Carnment. ($#[' [Q,' i b) The contractity officur shs!), as e - above the contracting omcor. l 2c;4.,c3 rreocures. d part of the closecut of a contrad, rv9 re Surpart 2024.24reedom of each contractor to r at on an ents. PART 2032-40NTRACT FINANCtr$G Information Act cop) rights, or roya! es attef:: any portion of the contred funds. De Au6edry: 42 (IS C 22t. 42 U.S C 584t and 41 U3 C 478M 2024 202 Poffey. rnntractor shall, if no activity is to be Anthoary: 42 US.C. 2201; 42 0 5 C 5841, repoded, certify that in cennection with SepM 203WMm Pye dGd 4) UdC 4I8(b), !be erfDrmanc8 of tbe MntrdC25 (1 No inventions or discovedes were 2032.402 Generaf, Subpart 2024.1-Protection of mad ** (a) The contracting offiderihall have IndMdual Prfvacy (2) No copyrights w ere secured' the responsibility and authodty frar making findings and deterraineticas, ]3) n' otic s o rns of ntor 2024 W Procedures. and f r approval of contrad tenns The provisions at 10 CFR art 9. copydght infringement have c ncerning advance payments. sub art B. Privacy Act Regu fons, are received by the contractor or its N Befme authohg any advance ap icable 1o the maintenance or subcontractors, and di osure ofinformation for a system of (4) No royalty paymcuts were diredly pa ment agreements except for su lons to hestkms, the records on Individuals. involved in the contract or reflecsed in, og offici shall coord' ate with m the contract price to the Government,. t Office of the Cretsolier, Division of pitka or W. 25-+3 Suttert 2024.24reedom of nm nie any or owed direcdy 44 93[,. Accounting and PJnanca.to ens loformar!on Act payments pai I c % )",,to.. d cu tion others. 202 002 PW (b) & contn.cting oftar me & provlstr$s et to CFR part 9 w an fthe ufrements Sub rt A. Freedom ollmfunnation Ad (a) 1H4) ofi Is section,p agr... f PART2033-PROTESTS,DtSPt1TES, s O-ANDAPPEALS

• A R ladons, are applicable to the UN document (s); and y

[ ty MCM e \\ j pr Ic li o ea y p.;" m,- y PART)g25-f93EGN'ACQu$tbOhN [A2d ais Steps takegto attentp( ( /y.%, TC qiipidv ' as yac

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23, 1992 / Rules and Regulations, f. ti1170 Tedert,1 Register / Vol 57. No. 247 / Wednesday, December 2035.71 Broad egency announcements-with the Request for Procurernent s,.c 2013 214 Cor/ rect clause (a) Cnteria for selecting centractors Action (RFPA) for which these Authority: 42 UT C 2201. 42 ti S C 5841. willinclude such factors as: documents are required, and 4111 S C 418M (1) Unique and innos ative methods. 2039 002 De%ations of procurement approaches, or concepts demonstrated Subpart 2033.1-Protests by(the reposal. ne NRC official authorized to sign

2) erall scientific, im hnical, or economic merits of the proposal.

Agency Procurement Requests and 2033.103 Protesta to the esecy. The agency may not process, or shall (3) ne offeror's rapabilities, related Agency Telecommunications Requests ceau pro (essing. apncy level protests e sperience, facilities. tec hniques, or for Delegations of Procurement that are pmtested outside the agency unique combinations of these which are Authonty is the Deputy Executive unless and until such time that a proper integral factors for achieving the Duector for Nuclear Materials Safety, determination is made authonrang the pmposal objectives. Safep.iards and Operations Support or agency to procenj under the applicable (4) The qualifications, capabihties, designee. protest procedures. and experience of the proposed SUBCHAPTER G-CONTRACT pnncipslinvestigator, team leader or MA6 GEMENT 2033 203 Appucabmry. key personnel who are critical m Pursuant to an mteragency agreement roposal objectives PART 2042-CONTR ACT achiesing thefcontribution of the e ort between the NRC and the Department of n (5) PoGotis ADM NISTR ATION Encryy Board of Ccmtract Appeels to NRC's mission. (EBCA), the EBCA will hear appeals (6) Overall standing among similar Authority: 42 U S C 2201; 42 U.S C 5841. and4 m bl. from f.nal decisions of NRC contradmg proponts available for evaluation and! te I. Th ! s ap n $[an Subpart 2042.8-Olsallowar1ce of i r Costs 10 CFR part 1023 (b) Once a proposal is received, 2033.211 Contracting omcets decision. C".mmunication,between the agency's 2042.803 Disattowing coats aher scientific or engmeenng personnel and incurrence. Contractmg offic ers shall alter the the principal investigator is permitted (a) Vouche s and invoices submitted paragraph at FAR 33 211(a)(4)(iv) to for clarification purposes only and must to NRC must be submitted to the identif the Energy Board of Contract be coordinated through the Division of contractin officer or designee for Appea s and include its address bbb Contracts and Property Management review an op roval for payment. If the Building, room 1006,40,40 N Fairfax (c) After evaluation of the proposals, examination o a voucher or invoice Drive. Arlington. \\ argmia 2220L when the Designating Official shall submit a raises a uestion regarding the ~ preparirg a written decision cceprehensive evaluation report to the allowab ity of a cost submitted,the maading TIicer which roccmmends contracting officer or designes shalh 2033.214 Contract clause. (1) H Id informal discussions with N'S

• I

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The contracting omcer shall use the ust ren'ect the basis for th6 re the contracto,r as appropriate. clause at FAR 52 233-1, Disputes, with sef n n rn n n feach (2)If the discussions do not resolve its Alternate I where contmued proposal Mml. the matter the contracting officer shall j perfonnance is WI to National Security, the pubLc health and safety. PART 2039-ACQUISITION OF g)Nj" sallow en t st critical and rrat agency programs. or INFORM ATION RESOURCES advise the contractor that it may: other e;sential sappbes or services (illfin disagreement with the 1 disallowance, submit a written claim to so swo d im ra c1 9 001 Policy. 2039 002 Delegations of procurement the contractmg officer for payment of i cost should be reimbursed; plain why the the disallowed cost and ex SUDCH APTER F-SPECI AL C ATEGOAIES a uthority. or OF CONTRACTING Authority: 42 U S C 2201; 42 U S C 5841; and 41 U S C 418(b)' (ii)If the disagreement (s) cannot be 1 PART 2035--RESEARCH AND settled, file a claim under the disputes 1 l DEVELOPMENT CONTR ACTING 2039 001 Polley. clause which will be processed in In accordance with the Federal accordance with disputes procedures Information Resourtes Management found at FAR subpart 33.2: and 201570 Cootract clauses 203s 71 Broad agency ant.ouncements Regulation (41 CFR Ch. 201), and (3) Process the vouther or invoice for payment and advise the NRC Division of Autbority: 42 U S C 2201; 42 U S C 5841. appropriate NRC Management Dir"ctives, the Office of Information Accounting and Finance to deduct the and 41 U S C 418M Resources Management will be disallowed costs when scheduling the. l 2035.70 Contract clau$en-responsible for development and/or voucher for payment. (a) The contracting officer shall insert approval of requirements analysis (b) When audit reports or other the following clauses in all RTPs for including infortnation needs. notifications question costs or consider Researth and Development or in justification for specific male and them unallowable, the contracting Requests for Proposals (RFPs) for other model, analysis of alternatives, and omcer shall resolve all cost issues i technical services as appmpriate: Delegations of Procurement Authority through discussions with the contractor (b) Section 2052 235-70, Publication for information resourws management and/or auditor, wheoever possible, of Research Results, except that in the procurements in excess of $25,000 within six months of receipt of the audit case of universities, the contracting (automated data processing. report. officer shall substitute the paragraph telecommunications, and records),

11) One of the following courses of found at 2052.235-71 for paragraph c.

when required. *bese documents must action must be pursued: (c) Section 2052.235-72 Safety, be submittesi to the Division of (i) Accept and implement audit. IIcalth and Fire Protection. Contracts and Property Management recommendations as submitted; \\

Federal Register / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Rttles and Regulations 61171. f (ii) Accept the principh of the audit (1) No practicable or economic:;l se. 1 2052 21b77 Pmposal pmentation and recommendation but adjust the amount altemative exists; e g., acquisition from other sources, utilitation of fonnat--Alternate 1 Cacgage fw of the huestioned costs; eject audit f;adings and subc ontractors, rental of property, or 205[$ 8 !.ii) pr tation and letommendations. modification of program project format-Ahernate 2 Gangwge br (2) When implementing the chosen requirements; negatiated fixed prices, labor hour, or (ourse of action,the(ontracting officer (2) Furnishing Government property time and materials contn. cts), shall is lik ety to result in substantially lower 2052 21 9 79 Prepropo al ctmfmnca. (i)lloid discussions with the auditor costs to the Government for the items 2052 215-60 Travel nimbunement, and contractor as appropriate; producM or services rendered when all 20s2 21s-81 Travel appnivals. (ii)If the contractmg officer agrees costs involved (e g, transportation. 2052 215-42 Contract award and evahation with the auditor conc eming the instellation modification. maintenance, of proposais-technicalmerit more questiored costs. attempt to negotiate a etc ) are compared with the costs to the Qf uda M A 20 9 mutual settlement of quest,oned costs; Cmernment of the contractor s use of of proposals-cost wat important than (iiillssue a final decismn, including privately owned property; and technical merit. any disallowance of questioned costs; (3) The Gosernment receives adequate 2052 216-84 Contract award and evaluation mform the contractor of his/her right to consideration for providing the of proposa!s-cost and technical merit of appeal the decision under the disputes property. equal vabe. procedures found at FAR subpart 33 2; (b) If the program office is aware 2052.216-70 L.evel of effort. and proside a copy of the final decision before the submission of the RFPA that 2052 216-71 Indireci cx>st rates. ef the Office of the inspector General; it will be nacesury to provide 2052 216-72 Indirect cxst rates-Altemate 1. and prospectise contractors with 2052 21 0 73 Mevct mst rates-Alte*nate - (iv) Ini!Ute immediate recoupment Goverr. ment property, a wTitten actic.ns for all disa!!cwed costs owed the justification must accompmy the RFPA Task ordeNr - Jures. 2052 16-74 gos ern:r +-nt by one or mcae of the to the Division of Contracts and 2052.21 9 75 Accelerat order following methods: Property Mmagement. prc<edures. (A) Rquest that the contractor SUDCHAPTER H-CLAUSES AND FORMS 2052 222-70 Nonhnbadon becsm M provide a credit adjustment (offset) age. against amounts billed the government PART 2052-SOUCITATION 2052 231-70 Precontact costs.e 2052 23F70 PuWcatkn d mearch mus. en the next or ether future invoice (s) PROVISONS AND CONTRACT (g 20n 23r71 PuWcanon dasearch submitted under the contract for which CLAUSES results-universitks. - ~ the disallowed costs afowe;d costs from ply (B) Deduct the disal Subpart 2052.2-Text of Provisions prot ton the r e invoice submitted under the and Ctauses Authority-42 U S C 2201; 42 U.S C 5641; and 41 U S C 41s(b). (C) Deduct the disallowed costs on a s=. Au y g g p g gpg g s(hedu:e determined by the contrxting g officer aner discussion with the 20u 204-n See a$s Wd, and Clauses contrador (if the contracting officer determines that an immediate and

ogNo*bge,g c, og cou,3c, 2c52M Au %

corry!ete deduction is inappropnate); empbyxs. pg4 gg and 2052.209-M Cunert'former ag+ncy As prescribed at 200(M4(a), insert (D) Advise the contractor that a employee im ohnent. refund is immndiately pay able to the 2052 209-72 Ccmtnctor orgaels.ationaj the following clause in applicable government (in situations where there coef'icts ofinterest (representationy solicitations and contra:1s: 2052 209-73 Contrador organizadonal g,cyngy e are insufficient payments owed by the womas f 6terest. government to effect recmery from the 2052 210-70 Brand name produc's or equal. (a) Security /Clani$ cation Requirements contract). 2052 210-71 Dnrwirgs. designs, Form. The attached NRC Fortn 187 (See - specifications and other data, Section j for List of Attarhments) furnishes PART 2045-GOVERNMENT 2052 212-70 Preparation of technical the basis for prov5 ding security and PROPERTY nparts. classification requirements to prime 2052 212-71 Technical progress report. contractors, subcontractors or others (e g-, Authority: 42 U S C 2201;42 U S C 5841; 2052 212-72 Financial status nport. bidden) wbo have or may have an NRC and 41 U S C 41s(b). 2052 212-73 Financial status nport-contactual reldenship that requins aaess Alternate 1 to classified Information or matter, access on Subpart 2045.3-Providing 2052 214-70 Prebid conference. a mntinuing basis (in exass of 90 or mme Government Property to Contractors 2052.214-71 Bidder qualifications and past days) to NRC lloadquarters controlled buildings, or otherwise NRC photo eipertence,Id evakation, 2045.370 Providing gove<rrnent property 2052 214-72 B identification or card key b 9"*4 2052 214-73 Timely receipt of bids. (b) It is the contractor's duty to safeguard (a) Unless otherwise provided for in 2052 214-74 Dispewion of bids. National Security Information, Restricted FAR 45 302-1(d). applicable to 2052 215-70 Key personnel. Data and Tormerly Restricted Data. The ~ Government facilities with a unit cost of 2052 215-71 Project officer authority. contractor shall.in accordance with the less than $10,000, a contactor may be 2052 21H2 Prokt officer aathority-Commission's security regulations and A! ternate 1. requirements be tw naible for ufeguarding provided Gove$ ment property or 209 21H3 TimQ weipt d proposals. National Swaruy In umMon, Restrided allowed to Purthase the PtoPerty at 2052 215-74 Award octification and Data, and Formerly Restricted Data, and far Gos ernment expense upon commitment of public funds. protecting against sabotage, espionage. loss, determmation made by the contractm.8 2052 21H5 Disposition of proposals. and the h, the classified documents and officer with the advice of the agency 2052 215-7s Propont presentation and material in the cootractor's possession is prcperty official that: format. conocction with the perfamanes of work - e E

[ Gim Tederal Register / Vol. 57, No. 247 / hfnesday, December 33, ?992 / Rtdes ami ReguTatfent under this centract Euept as airee (h) Swurity cieersace penennd ne mp hve this MertMcation in their esprescy p-cridad in iis contnet. the contractor may not pennit suy Individuni to ponesdon during ce4h perfonnance under ront a:ty sN!! vpon comp!cticn or he.e access to Hestnt!nd Data. For nerty this contract. It is the contractur*b duty to terr _nat.en of th s contreet, transmit to the Rest %1ed Data, or other classfied assc7 that contractor persoccel e nter ordy Cem:rmss on any efauled ma5 erin the informatica, evcept in accardanca with the those wxk areas nxessary for perf:rmanae pswaan of the centractor or any pmos Atornic Energy Act of 1954. as arnand*d. and of ccsuect work, and to esau:e de t.n.kr the centrv1or's control in cc nracticn the Commiscon's reg.21ahons or safy:ardmg of any Cownm.-r.1 rvcords or with performance of th s contmrt if retentien requirerner,ts appIIc ab;e to ia particular data that contrado? ;.ersonnel may ccmo ir.ta ty the cenwor of any clasied twier is tyb,e or ca+ gory cif classf.ed information to cor. tact wdh. requ; red abr the cr,rnpMion or termination w ic h actm is required. De contnc tar (End of Clausel of the contrari and the retenhon is appruwd shall also evcute e Standard Form M2, ty the ccatrwrirat ofher the centreor shall ClassLed Ir. formation Nondbclosum 2052.209 4 0 QuaMc4 Cons of contract wa;Me a tem.cate cf pcm saion to be .V;oement, w bm access to class dad emptoy,n, a hrnded to the C4 m=ssbn spec 4rg the infortnatian is required. chss Aed wer to be retained. The (i) Cr.mirat hatahtiet h is un derstc.od that As prenrnbd at 2001105-70 inse.st c ertfacatun mus: ident.fy te iteres and disclosure of Nvional Security information, the fblicwing pmvi.de in applicable t3 pes or categories of rnat:er reta.nat,ie F.est icted Data, amiFor:nerly Pwstricted solicitations caruhtens guvernina the reentka af th* Data. relating to the work or services ordered Cua cut m.of CM oct hpfgves mottar ac d therr pesi of retention. d Lereunder to at:y person not entitled to known if the reen%n is app-oved by the rxeive it, or failu e to safeguard any The c81emr her+by crrtifies by rubmission contrmir g offk er the secur ty provmons of Restncted Da*n. Forme-!y Restricet d Data, or of this of'ir that alf represenwicms nrade the cmtract unt:nu to be apphca% to t.hs any oder c'amfied ma er that may come to rq;aaf:cg its emptoyees, propced a rnatter e.ned. the connctor or ans p-rsen under the sdamtrac+or persecnet med to wahan's are (c)la connation with the parformance of centradoi s c ontrol'in connecMon wi!b work accunte. the wak uo.kr this coutmet, the contracter under this con *ract may subject thir (End orProvision) may be furnahed, or may develop or acque. contractor, its aeants.emp'oyees, es ~ propr.etary data Drsde wcrs:sl or subcontrm. tors to criminal hability under the 2052.20 0 71 Cwra<43mner ageecy wnfidetttal or ps:vagc3 technicat, bunt."4 laws of the United States. (See the Atomic employee invoNement, or financial inbrmation. includin4 Energy Act of 1954, as amended. 42 U S C As Erescrbd at 20M'10540* inart Catani3sk.a plans, poucus. :eports. 20n et sews U.S.C. 7 n and 794, and the following pitmsiar h2 applicabla financ:al plans, internal data protected by the Fascutise Order 12356 ) M" ~ Prg y Act of W4 (Pub. L W579L or other (1) Subcontracts ami pun. ham orders - WroA ion whah has not been re!ered to Encept as ctherwbe authJrf ard in %n!!ng by CurTenf7ormer Agnc7E JTW the pi Sc or h.s ben determined by tire the contacting officer. the contactor ahail Jn,4,,nene f<.a Jssion to be otherwise ewmpt &ncs insert prcvisions similar to the foregoing in (sW f appresenM n is rquW

• ['diulostes to the pabuc. The contract

all subntracts and purchase or Srs under by rte 3RCAcq2isition Regulation, agrr es to hold the information in crafiderw" this contact. M nob I'I8 8 I NRC "IIC7'O P and nat to dawt!y or indirm11y duphcata, Sila performing the contract work. the enmurage offerors and contractors ta propow d.ssemina'e, or d A !c se t',e inLrnucon in contractor shall clasafy a!! documents. c NVfurm 88N7 erDP ayees to perform l w hGe or in part to any other persoc or matenal. and equipmect orWaated or wvt cader MC astrar*s, ac:t as we fbrth orgeu.at;aa excep a s may be nacemry to generated by the contractar in arcoedance n the abe citad pminima, the une af such perfsrm the work under this contractM' with guidance isst.ed by the Commissiaa watractor apws to return the informanen to Every subcontract and purthase ordar issued empicyees rrrey. usdw cer*ela condathms,. adm sely affuct MICA considwatien of nou-the Comrr ss on or otherwas d.spose of it at hereunder invokingjhe ergination or the d. yon of the cor. tract 3r.g cruar generat;co ofclassified druments, materi.al, cornpaanya posals and taAL ordese6 Fau re to comply w;th tha claus'

• and equipmed must piovida that Ge (bW o.eu hereby certifies that them(

gmuads fa temanan of this cnrmaci. ,gn, actor or suppEar us!gn ) an ( ) am no cwenWrmas NRC (di RyJmns The contactar apea to classifutian to all docu=ar.ts,inatstid. and emplcyon Nldcg spMal Gmmnent wn farm to af! erurvy regu!itions and equipment in actntdance with gpidanca empleynes performfag servicn as experts, furmshed by the contactar, adviwre, consdants, or members of advisory requJementi of the Comrmsnion. (el Dafinition of National Security comarQteesi who have Been ce wiU tw information. The term National Security (End of Clause) invalved, directly orIndiacity,hs informanen, as cwd in this claum, means 2052.20M W eccas W deveieping the of'er, or in negotiating on mfornution that hn been determined behalf of the offeror, or in managing, ,,t,,n.,,ntg perscant to Encuttre Order 12M6 or arry administering.or perfurming any contract, I redecesor order to requre protection As pmcribed at 2004 404(b). m.mt consultar21 ogreement. or sulcontract against unauthorized disciorure and that is the following clause in applicable resulting from this offer. For each ludividual so desipe-d. r,olicitations and contracts: so klanhfied, the Technical end Management (f) N5 ninon of Restricted Dra The term Iwcri&d Da*a as used in ttts cla'.ac,means S fe Access Dadpr fle4 r-ment propsal must contain, as a separate d attachment, the name of thelodividual,the aM data conceaing-Dunng the life of this centract, the rights individual's title while employed by the (17 desig t. marrufa--ture, or utdza iors of of irpss and egms, far contractor perwmnel.NRC,the date individualleft MPr. and brief atomit wnpces-mest 14 made avedable as required. In t'n' description of the individual's role under this p) the pmducth c f special n aclear regstd. all contractor personnel whose dut'es prt'W rnatenah or under th:s cor.trwt requin their presenee on. (3) the uw of qwial truckar ma'erial in site shall be ch'erfy ideut.fiable by a (End of Pm. Won) datinctive badge thrnished by tt.e M7h72 Me mW the pmduction of enegy. but dms not inc!ade da'a declasntied or removed fmm Covt rnment. The Prgect OMcer shall assist con %ts of Intarset (repseeentatica)6 the Restrictad De*e ca9 gory pursuant to the cor; tractor in obtainir.g fbe badgas for the sectico H7 ef the A5mic Energy Act of contractor personnet. It 'n the sole As pmscribed at 2009.5104(b)and 1M4.u ameethi re ponsibihty of the contractor to ent.tre that 2009.574-8 frtsert the faubwing W Nfinition of Formerfy Reemcted Data cach empfoyee has preper identification at provision in opplicabhr sohdtaticar. The term Poemerfy Me,tricted Dee. n usmf all times All pmecnbed identificaMon mtst i in this clum ments aff de+a remond from te immediately defivered no the Secunty Contractor Orgam,zarional Cbnpica of i the Restrka d IVa tregory under section Office for canceHatton ordisposition upon Interest Represerrfufioa 142<! of the AtomicEnergy Act of1954, as the termit.eMon of employment of any I represent to the best ormy Inewiedgs ame nJrd. contractor personnel Contactor personnel andbelief that: J

[ I'edeml Register / Vol. 57, No. 247 / Wednesday. December 33, i99f / Rules and Regulations 6d73 n award to _ _ of a (2) The contractor rnay not represent, entity and must be received by the NRC et c or/ra e or the rnodification of an esisting assist, or otherwise support en NRC licensee least 15 days before the proposed award date wr.!m t dws / / does not / / involve or applicant undegaing an NRC eadit, in any event, unless a written justification n.t.asons or relatmnshirs of the type set inspedion, or review w here the activit,ce demonstrating urpncy and due dili ence to E fo% in 48 CFR N09 570-3(b) that are the subject of the audit, inspection drover and disclose is provided by the W If the representation, as completed, or review are the same as or substant. ally contractor and approved by the mntractirg ec ites that otations or relanonships of simdar to the nrvices within the sce;e of oftcer. The disdosare must include the the Spe set forth in 48 CDt 2009 57Mbl this contract (or task order as apprcpriate), statement of work, the dollar value of the ce.nwh ed. or the contradmg ofScer escept where the NRC bcensee or applicant propowd contract, and any o'her documents eb rw.v detemunes that ;otenhal mpares the centrador's tropport to esplain that a*e noeded to fully describe the m.ra'ional cenCicts cf interest eint. the or defend the contractor's pnor wmk for the pmposmi work for the regulated utihty or offer dall praiJe a statement in wT: tin!t utd.ty or other entity whkh NRC questions. other regulatal entity. NRC may deny M d omnbes in a concise manner all Di when the contrattar performs won for approval of the disdosed work only when re mra fu tors bearing on his reprevr'ation the NRC undar this cor. tract et any NRC the NRC has issued a task order which to 6 o dertmg ofhter. If the mntractmg hcer.see or applicant si e the mn'.rw br shalf indades tbe tec hnical aree and, if site-t A er di wmines that ersanuatmnal ne.ther sohcit not perfor n work in the arne gecific, the site, or has plans to issue e task r d sis r ut, the Mkm mg actsns may be or s,milar tmhniral area fur that hc ensee or order which includes the technical aree end, tan apphc ant organiza* ion fur a peried if site specific, the site. or wben the work p)1r.pse appn>priate condit;cns w h.r h commencir g w,th the award of the ink order nolates paragraphs k)(2), (c)(3) or (c)(4) of and sut h corncts. or trginning of work on the site (.f not a task this section. m Dsquabfy the offeror. or order mntract) and end.ng one ye.t aner (e) Access to and use ofinformation. iU Ddermit.e that it b otherw ar in the wrrpletion of all work under the asvriated (t)lf in the performance of this centract, t,cc ivaesi of tha United States to seek task order, or last time at the site Of not a task the contractor oLtains ac&ss to information, md of the contrat under the waher order contrad) such as NRC plans, policies, reports, studies, pmmens of 48 C} R 2Wh570-9 (4) When the cor tractor performs work for hnancial plans, Internal data prt>tected by the it J The rr bsal to provide the the NRC under this mntract at any NhC privac y Act of 1974 (5 U.S C Section 552a rgr, vntahon required by 48 CFR 2MG 570-hccraec or apphtant site, (1988)), or the Freedom ofInformation Act (5 4'bi or upon request of the contracting bl The contrac1or rnay not schcit work at U.S C Section 552 (19861), the contractor of%r. the fac ts required by 48 CFR that site for that htensee or applicant danng a6tres not to: (i) Use this information for any private rum 570Jhl. must result in dasqaahrication the period of perkrnnan<e of the task order. purpose until the information of the offeror for award. or the urntract. as appropnate. iEnd of Prmiuon) 00 The contractor may not perf.rm work released to the public; at that site for that licensee or appbcant (ii) Compete for work for the Commission 2C52 209-73 Contractor organizational during the perud of gyrformance of the tash ksed on the information for a period of sia c onftcts of Interest order or lhe c or.trat t, as appropriate, and for exmths after either the cornplation of this As prev thed at 2M8 57(b 5(a) and one par thereaner cuntract or the release of the infunnation to 200%5704 inwrt the following clause foi) Notwittvand:ng the forrgq the the pubhc whkhever is first; omt inng oN er may authonte the lin) Sutimit an unsolicited pro;csal to the ia al! eiIil;nble solicitations and car.nactor to schot or perform th:s :)pe of Cuvernment based on the infonnation until " " I '* work (extept work in the same or sanJar one year after the release of the information Cem rar OpnuarirnalConfhcts of in hnical areal if the contract 6r:g of',cer so the public, or Inwt determ nes that the situation will rot pose a (iv) Release the infonnstion without prior W Pupose. The pnawy p rpose of th.s P'moayor tet breal bias or unfur wntten ap;lroval by the contracting offiast hae a to aid >n ensureg that the ungemsve advantage. unless the mformation has previously been (d) Disdoswe aner aw ard released to the public by the NRC , ;,.g, g,, Ol N m h u w m u h m h Mt Wb WHM.N w.edwgw h, it:15 not pf ac nl in a corig tirg role I'is k nowledge and behef. and empt as to the extent it receives or is given acuss to M aae ofiurrent or planned icterests therwise set krrth in this u ntrut 41 does proprietary data, data protected by the Z namah contrar tual, o ganiunonal, or erw.sc) which relate to the work under rud han any organirational confhds of Privacy Act of 1974 (5 U.S C, sedion 552a intemst as defmed in 48 GR 2009 570-2. (t%8)), or the Freedom ofInfortnatkan Act (5 tNs contract. and (2)The contractor agrees that if aber U S C section 552 (1986)), or other

12) Does not obtam an unfair competitive abar.tage over other parrses by virtue ofits 3* Afd it discovers organihtional cor,Cicts of wnfidential of privileged technical, business, interest with respect to this contrad, it shall cr fir,ancial information under this contract, performance of this contract.

make an trnmediate and full disclosare in the contractor shall treat the Information in (b) Scepe. The restnctions descr. bed arP y writing to the nintracting officer This accordance with restrictions placsd on use of to peformance or participation by the statement must include a description of the the information. mn actor, as defined in 48 LTR 2009 570 action which the contrx for has taken or (3) Subject to patent and security 2 in the activities covered by this claus, (c) Work for others. proposes to take to avoid or mitigate such provisions of this contract,the contrac1or

11) Nu%thstandmg any other provision of confhcts The NRC may, howev't. terminate shall have the right to use technical data it the contract if termination is in the test produces under this contract for prieste (Ls cartract, during the term of this contract the cer. tractor agrees to forgo entering into interest of the gmernment.

purposes provided that all requirements of (c.sWting or other contractual arrangements (3)it is ret ognued that the scope of work this contrui have been met. m.th any firm or orpnitation. the result of of a task order type contract necessanly (f) Suln.ontracts. Except as provided in 48 = W h miy give rise to a conflict of mterest encompasses a broad spatrum of actwities. CFR 2009 570-2, the umtrador shall include w 1h respect to the work being performed Ginsequently,if this is a task ordertype this dause,induding this paragraph,in under this contract The (ortrat f or 1. hall contrsct, the contrvtor apees that it wdl subcontracts of any tier. The terms contmct, era ne that all employees under this wntratt discime all pro;med new work involving contractor, and controcfing officer, must be akte by the provision of this deuse if the hRC licensees or apphtnts which cornes appropriately modified to preserve the e entrator has reason to beheve with respect within the scope of work of the underlying Gosernrnent's rights. to itself or any employee that any proposed contract Further,if this contract invdves (g) Remedies. For breach of any of the wnsaltant or other contractual arrangement work at a licensee or applicant site, the above restrictions,of for latentional with any brm or organiution may involve a wntractor agrees to ciertise ddigents to cond:sdosure or misrepresentation of any potennal confhct of interest, the contractor discover and disdase any new work at that relevant interest required to be disdosed shall obtain the written approval of the kensee or applicant site. This disdosure concerning this contract or far such contratir g officer before the execution of must be made before the submission of a bid erroneous representations that necessarily such contractual arrargen:ent. or proposal to the utility or other regulated imply bad faith, the Government may no

' 01174 Federal Register / Vol. 57, No. M7 / Wednesday, December 23. 1992 / Rules end Regulations tennines the contract fer default, disquahfy Covemment and rnay be used by the nnoncic/ Status Repon the wotractor from submquent contractual Gosemment for,any pur;nse whatrmer The contractor d e:1 provide a rnemthly e fforts, and pursue other remedies permitted wv.heut ar;y claim on the part of the Fmancial Status itepart to the prrmt c f%r wrttemt and its sube nntractors and unders and the t.ontracting ofScer The report is d-e by la or tha contract. (h)her. A rw;unt for waiver ader tias for ad6tional compensation and must, within 15 calendar days after the end of the clause nast be dde<.td in wrir.c4 to the subs to the right of the contractor to rain patiod and must ider.tsfy the title of cont ntag offk.ar in arcadarae w:th the e trfy of the ma'erial for Ps owo use. t* the prwct, the cutt att nurr.ber. Fmacoal dehvered to the Governrnent, or othemse Idestificatmn Number (FW). prwat manager P'u eduns outrined in 49 CTR 2M 570-9. d.s;* sad of by the centractor as the and/or prir,c' al icsest.ator. the contrxt (1) Fullcwin ehrt, The contracer shall be wr.trwtita ofSu r rnay d. rect during tha M r ormar.tr. Ed the prmd ,ra hpble to panicipce in NRC cor. tracts, prng ns of the work or upon comp lete: or cue ed by the rep n Emh report mt sut*.or; tracts. or proposals therefor (sclicited termir.ation of this < outra:t The cont a or s include the follow.ng for car h dm ref s task or ur.so'.aitedh which swa diredy frum the u rsadar's ;-rfonr.cte of work under tbs right of reentmn and use is subloct to the W Pmvide total est: mated cost inlue) of rortrac t. Fanherwe. usass % diroc'ed n s,mty. patent. and use of infortna4cn the prmt as reca ted m the cr.ntact, the w r tira t,y the ca.tney offa+r, the prn. sus,if any. of tha contract' amount of funds avajable in me centrat to < out ractur :nay not pe rbrrn any ti chrral (End of Clausel date, ar.d the barce of fands rep J to e ora.albra nr ruanas. mer.t sa; part sermes complete the work as fohws work or edmtwn activit.e5 under this 2052 212-70 Preparation of technical (t) TW evim'd mnte e r' ~ (UrMrdLt on 4LJ Of its pmdaits Dr serv 1Les or P0ft8' Ul Toul fun 6 cu gved 'o L the ; md n or servkn of anott er fJm if the As pregribd at 2012104-70!a). (3) Tota! wsts inar+d t'.:s rn m ron' rat ter hn bm substahl!v trohed in insed the clam in appbcable permd. the dese;cpmet or rr.aht.ag of the solicitations and contacts: (4) Total unis incured to dve. (5) Pn; vide a detad of all ireri ar.d pmim ts or 9.rucwt Prepmfen of Technical /bports indirect tosts inaned daring me reporNng (U If tra cordrutor. ut, der th;s cnntract. prepres a unr+1ute or ess.mtiaMy cumplate All trr.hical repus tr<;u red by Sec.cn C period for the entire ccntract as ce h task,if statement of work or spacAra*hns, the and all Tw bn!(al Pmgress Repor*s requ. red at is a task ordermg contract. < ontrat tur a not ehg;ble to perfonn or by Se<

• ion F are to be prepared in ar.cnedance (6) Balance of ob:igatmos rertaicing w tth the a athed Wnagement Directae 18.

(7) Balants of funds mquired to campkte p.$rtat;p re in the int:el amtrutual effort c wh.th is !#ed on the statement of work or Tric!asnfied Contractor and Grar.tae contract / task onfer, speofkaues. The vintn ctor may not Pubbcarians in the NUREG Series " (8) Cnntractor Spendmg P!an (CSP) status incorporate its products or wrvice s in the Maupment Dttnetive 3 8 is not appbcable (i) Projected pertentags of camph tion statement of work or spm5 cations unless 50 to any Contractor Spending Plan (C5PJ and cumulative through the repurt period for the dirated in wntmg by the umtrar tr g ofCter, ary Fmncial Staus Report th# may be pmiect/ task order as rekted m the c t.rrent in wtath case the re:.trictiora in th.s indudad in tha contmtt (% Sett.on } for LSP. hie of At!xhments). (a) Indicate if there has been a signiCtant pargapn do not app 4 r th' age in the originel CSP pru;ettian in (2) Rthir:g m tha pcwat,h pre!uds the (Er.d of Clau<c) tantre tur frcm orienng or chs i's eaber dal:ars nr per:sstage of(omp ction. st.ndad tu. rtial.tems tu the 2M 2.2 t 2-71 Technical proyeaa report. Id nt:fy the thang*. the reasons fur the G "fM As pracribed at 2012.104-70(b). c hange. w hether them is any projacted eu.rn.n. and when additwnal funds would (Lad of Cane) inwrt the fonowing daase in appbcable be rnlmred if there hm been no thangs te MaMns and mah. 2062.210-70 Baand name products or the or:ginal NRC-a;praed CSP projections. equel Tet b ruco1 Prrgr-ss 1# port a wntten statement to that effat is suftne: t As prewr.twd at 2010 004, irmrt the The toctra(tar sha!! pmvide a moe S!y in neu of subrrutteg a detaaed resynse to 'rema following clause in appHeaMe Ted.nmal Progn ss Report to the pet-t (9) A Wsed CSP is required w ah the sohatations and contracts: ofNet end the cont *ncting officer The repcrt Fmancial Status Report wheres er the is dae witton 15 calendar days aFer the end coritractor or the cor.tracting ofTa er has Frand Nee Roetac's or Equd of the report pmod and mut ideefy th, "N"nn to beheve that the total emt for O'h rs (propmars) c& ring other than bn nd tdie of the ptwett, the contract nambee. r.ame stems identJ.ed hemn should furnish Fir. antis! fdentincwon Number (FIN). performance of this contract will be either with their c&rs adequs+e information to protect manarr and/or principal greater or substantiaUy less than w hat had ensure that a determination can he made as innsHgator, the contract period of been previously estimated. (b)If the data its this report iriditates a to quatty of the prodxtts)cffered performante, and the period covered by the need fu add 2tional fundir.g beyond that repor' Each report rnust include the 2052 2W71 Dr awings. designa, fourw mg fur each discrete task / task order. aheady obTgated, this information may onh specif. cat ons, and other dats (4) A hsting of the effor+s completed durmg be used as support to the offklat request for th'Imd and mdestones reached or, if funding mquired in accordance with the A"E bed at 2010 011* the missed. en er ianation provided; Limitation of Cost (LOC) Clause (FAR following clause shall be subrn. ted in (b) Any to lems or delays encountemd or 52 232-20) or the Limitation of Funds (LOF1 it epphtalle solicitaticns and contractr ar.Scipate and recommendaderts for Clause FAR 52.212-22. reschation. If the recommended resolunna (End of Clausel Drawmgg Drugns. Speoficarws. and Other involves a contact modification. e g. clange Data in work requtrements level of effort (cost) or 2052.212J3 Financlai status report - e May, h wntractor shall subcmt a Attornate 1. s da a sI i ri t is and separare le*ter to the conUncting officer DnoncialStatus Reporf-Alfernate 2 soent.Gc data and a:1 phot 4raphs. g.ifyir.g the aquired change and o-gathes. reports fir:d.rgs. ev. mated cost impact. As prescribed in $ 2012.104-70(c). (d A 8tumaTY of rryess to date, ar.d itsert the following provisien in nI e'ry P c i n relating 8 "8I" apphcaWe sollcitations: thereto. as well as all copies of the faraydrg rebitmg to the work or any part thereto, are (End of clause) The Contractor shall p* ovide a monthly Financial Status Report to the Project Officer subect to inspection by the Commission at 2052.212-72 Firiencial status nrport. and the Contracting O'!icer. Tha repor1 is d e aH reasor.4W tiroes Inspet tion of the proper As prtscribed at 2012104-70(c). w thin 15 calendar days aner the end of the fu ihties must be afforded the Cornmission by the tantrattor and its subcontractors. Irisert the following dause in applicable report period and shallidentify the title of These data are the property of the soliciistions and contrarts. the projact. The contract number. project

Federal Register / Vol. 57. No. 247 / Wednesday, Decembr 23, 1992 / Refes and haiulassmar81175 fur work pdbrmed unds the contract o6er manapr anfor prindpafInvestigator, the Bidder Qunhficotons andPastExperiencer. than the nuit prices stipulatedlbr each so,:b contmi pedod of performance, and th' (a) ne bidder shell list ' previo.ts/cinen Item and/w shm. period covered by the report. Each report contracts ke the same or similar predacts/. (c) Any bid which is meterially unbalunr:ed shall include the fo!!owing for each discrete servims. This information will assist the as as price tw the separate bems spacined in task: contracting ofncer in his'her Determinatlon be rejected as Sedion B of this IFB me{;anced bid is denned (a) Pmvide total estima&d cost (value) ofof Respons;bility Lack of pmlouCcurrent nonresponsive. An unba the priett as teCected in the contract, the contracts for same or similar predacts/ as one which la based on pricas which. in Ll.a emoant of funds available in the contnct to serdces or failure to schmit this Inkrmation opini n f the NRC, are signincantlyless date, and the bahnee of funds required to will not cecessardy result in an unfwmeble than mst fM some wmk andh p&rs thaf compWe the work as fo' lows. Dvarminatien of Responsib;!ity, may be signifkactly overstated 14 othes (?)T nalEstimated Contract Amount. (t} Centrad No.:

• d (m Tm! Fands ObE ated to Date.

Nur.e and add:m of Government apncy or 6 o a es y nn,ao nd (3) Totd Costs Incurred This Reportmg (ommerem! ent ty. discontinuance, termination, fa: lure to esercise an option, or for any other purpe ( otal Cats lacurred to Date.. 8 Pc, int f Cantact and Telephone kmber will cause the bid to be rejected as / B f nonresponswe. ,EM' [1 tai f D d'irect ard indirect rosts (2) Contred Nm t incurred dating tLe wpordng period for each Lne and addms of Govern:nent agency or ucords whh F 9105 ed 9 2 m be la a commercial enty-made by repwsentatives of b f*nmmission for the purpose of determinlogwhether b !End of Clause) bidderisres sible within the meaning of FAR 91 whether b bidder possesses E52.214-70 Prob &d conference, poir.t of Contact and Telephone Nmber qualifications that are condudvs to tha . As Prescribed at 2014.201-670(a), production of work that will meet the msert the following provision gn (3) Contract M: requirements, speciacations, and provisions applicable solicitations: kme and address of Government agency or of this contract. Also,if requested by the commercial entity-Cornmission,the prospective coat actor may Pn bid Conference be ghd to mM Wemmis wW (a) A prebid conference is scheduled for: bours after receiving b request;. Date-,,, D) Concerning their aMtity to mest any of Point of Contact and Telephone Nmber: the mirdmum standards sd furth in FAA location: * *

• gm Tige i * *

(2) kamples of work, and (b) Thrs confereoce is to efford interested (b)The bidhr shah also provide the name, (3) Names and addmeses of addhianal parNes an opportunity to present questions titie and fuf! telephone numter its its dients, Government agencirs and/ae and c!mly uncer+ainties regarding this techruca! wpresentative and contracts / ggg whtitat2on. You are requested to mail business represcatat:ve. wran questions concerning those areas of uncertainty wbich, in your opinion, require (1) Technical Representative W) Notwithstanding paragraph (b) of this sectiort the swacd of any contract resulting darification or caredian. You are %me from this solicitation willbe made en as"d1 encouragnd to submit your questions in Title - ) or nome hesia. Thus, bids substrtd en writag uw latar thao

• working dayft) prior Telephone h(

fewer than the ltome lisend in Sertise B es to the crer.ference date. Receipt oflate p.trxt&r' ness this IFB, or on kneer than the estimated quese ocs may result in the ques' ions not g gg g bairg answered of the conference although gentatNe Name - nonresnonsh. they will be considered in preparing any Te.lephone % ( )

• To be Inserted into solicitation.

necemry amendment to the solicitation. If To be Inarporatal into the solicitation (End of Prtnfsloof you plan to attend the conference, notify * (End d PamW by letter or telephone ', no later than close 2052.214-M Timelymalptdtoile. of businm *, Notification of your intention N1442 B4 WA a 4 7 .In ce n i, o e or led. AS Presafbed at 2014.20,1-470(bL [sgscn8P FPU insert the following provistorr in solicitations: (Optional statement. Due to skdar is limited applicable solidtations: ace li:nitations, each potential bi 7%mely Receipto/lM to

• represnotatives at the conference )

yy (c) Written questions must be submitted to: Becane 6e Eds a seem fady wts (e) Award will be made to ht responsive, Perimeter aa.ess cormd. bidders shat! allow U S. Nudear Regulatory Commission, responsible bkidar within the rneaning of additional time for band dellvary (!ncluding Division of Contracts and Property F AR subpart 9.1 whose total bid acnount, as Press man and dellwy servias) orbids to Management. Arts * * ** Mail Stop * * *, set forth by the bidder la Section B of this use that eey ars emely receivenn se webngton DC 20555~ Invitation kar Bid, constitutes tbs lowest depository at the address shown in Rem 9 on (d)-The enkeb must be marked "Schcitation f /Prebid Conference." overall evaluated fbal contract pries to b tb mandaMorm 33. Covernment bmd upon the requ'.rements as (e) A transcript of the conferwnce willbe set furth in the schedule. B;ds will be (End of Provision) i furnahed to a!! prospective o!!emrs through evaluated for purposes of award by fast 2052.214-74 Disposh of bMs. 3 the issunnu of an amendment to the aswrtaining the sura of the total amount for schcitein each of the iterne spec fled in Section B of As prescribed at 2014.670(M,insart 'To tre incorporated into the sohcitation. this solicitation. This =ill constitWe the the following p'Uvisica in applics%r 2052.214-71 Skidor queMeetions sod b'dder's" Total Bid Amount." solicitations i (b) Biddm shallinoerf a definite price er poet experiences. indkate *ne chmys"in b blank spec, Disposition afETA As prescribed in 20M20147v(b). provided fur each itere and/or suMtem Rsted After award of the contred, one copy of -l I Insert the k4 lowing provision la in Section B. Unicos erpressly provided tw coch uneocceseftsf bid wUI be rotatoed by NRC's Division of C' utracts and Propassy appficable soMrstations: bemin, no adrhrional charge will be anawed o r i j l l l 9 e r---.- , - ~ -

/* 61176 Federal Register / Vol. 57, No. 247 / Wednesday, December 23, 1992 / Rules and Regulations Management in accordance with the General Projed Officer Authonry in the mntractor expending funds for unallowaue costs under the contract Fewrds R bdule 3(5)(b) Unless return of talThe contrarting ofker's authonzed (h) A fadure of the parties to agee upon th ml co;ies of the bid is requested npreWative hereder refe: ed to as the the nature of the instruction or d.rntion cr by a todder upon submission of the bid, a!! project off.cer for this cont act is-upon the centract action to be tabn uth other e opws will be destitned This request Name * *

• respect thereto is subject to $2 2]b1-shonM appear in a ces er le"er atrornpanyirg Address: * *
• the bid.

Telephone Numter. * *

• Disputes.

(End cf Provisian) (bl Pe-furmance of the work under th.s (i)In addition to prmiding ter hnical contract is subind to the technical dirwton dirwtion as defined in paragraph (b)of the 2M2.215-70 Key pe<eonnet. of the NFC prtW omcer The tenn tedmcol section. the project omcer shall As prescribed at 2015 437-70(a), dimen is defined to bclude the fo!!cw ng (1) Monitor the contrac tor's technical insert the following clauw in applicdie (1) Tw hnical dation to the cor<trador prwess, including survei!!ance and assessment of per ormance, and recomrr.eH r which 6Lfu w ork crophasis between amas cf solicitations and contractr work or tasks, fills in details. or othem:se to the contracting omeer changes in b y Tersor>nel smes to accompl.sh the controdual requirements. statemerit of work W AsCst b mntrador in the vsoka (a) The fN10 wing irdvid.ah are conuden:d to be esser.%1 to the sucrenfd (2) Provide advice and guidance to the of technical problems encou.mered durirg p+ rformae ef the m rk hereander. contraNr in the preparatmn of dawings, perfortnance. spmiEca' ions, or tec tr.ical por+ ions of tte (31 Review all costs requested for The cont.vic.r agrus that persanre! may work dtscr:ption reimbursement by the contractor and sutzt

• • +

not be rommed from the contract work or (3) Review and, where required by the to the contracting omcer recommendahens. replaced w ithout comp iance a ith cont act. approval of techniul repor*s for approval, disapproval, or suspension of drawings. specifications, and technical payment fer supphes and sersices requM

egnphs (b) and (cl of th.s sntion information to be dehsered by the contactor imder this contract.

(b)If ce.e or more of the key personntI. for w hatever reason, temmes, or is es pected to to the Cos ernment under the contract

• To be incorporated into any resultant 1+come, unas a.latJe for werk under this It) Tnhnical d.rection must be witbn the contract.

centrat br a wntmuous period est eeding 8^neral statement of wnrk stated in the (End of Clause) 30 work days or is expwted to devote contract The project ofEcer does r;ot has e substantially less e!brt to the work than the authority to and may not issue acy 2052.215-71 Projeci officer authority-techniral dim tion whit h-Attornate 1. indicated in the proposal or initially (1) Constitutes an assignment of wcri anticipated, the contractor sha!! immediately not.fy the contadir g nmcer and shall, outside the general scope of the cr ntrac. As prescribed at 2015 407-70(2)(ii). (2) Cemstitutes a charge as deEned in the iraert the fo'. lowing clause in appkr.tle subject to the concurmte of the centracting omc er, prompt!y repke the personnel with " Charges" clause of this contract. solic;tatic ns and cor.trads-wrsonnel of at least substantia:!y equal (3)ln any way cause an incnase or Prof c1 Officer Author #y-A!!ernc!e 1 decnase in the total estimated centiac* cost, abity and quahfications the Esad fee,if any, or the time repired for (a) The cor.tracting ofEcer's authorized k) Em h request for approval of s.bstout ons must te a wnting and contam contrart performance represent.itne, hermnaner refer ed to as the a detaded riplanatwn of the cirnrnstances (4) Charges any of the espressed terms, pro ert omcer for this contract is-necesntefir.g the propesed substrhons The wnditions, or specif:%ons of the cen* act Name; * * *

15) Terminates the con'rac t, se't!es any Address: * *

• request must also cotta.n a complete reserne for the propcsed sabstitute and other clatm or dispute arisirg under the comact.

Telephone Number * *

• mformation requested or naeded by the nr issues any unilatera directwo whatever.

(b) The pro}ed omcer shall: (d) All technical dmtions must be issued (1) Place dehvery orders for items requ. red e nntractmg c,fk er to eva!uate the proposed in wntog by the prosct officer or must k under this contract. substitution The contractng omcer or his/ her authonred reprevntative shall evaluate confirmed by the pr6ect omter in wntrg (2) Manitor contactor performance and within ten (10) workir g days eher veM reconmend to the contracting ofker chrges the rn;oest and prornpdy notdy the issuance A copy of the written direction in requirements. cr rJractor of his or her erposal or must te farnished to the contracting 05ter. (3) Inspect and accept products /sermes daapproval in wnting (c) The contractor shall proceed prornptly provided under the metract, fd)If the contracting oftccr determines that suitable and timely replacement of Le> with the performance of technical directions (4) Review all contractor invoices / vouchers personnel w ho have teco rwassigned, duly issued by the proht off;cer in the requesting payment for products'sarvices ter ninated, or have otherw:se tecome manner prescribed by this clause and witbin provided under the crantract and make unavadable for the contsact work is not the prcsect officer's authority under the recommendations for approval, disappros al, reasonably forthcoming, or that the resultant provisioris of this clause-or suspension. redation of productise effari would t.e so (f) If. in the opinion of the contractor. any (c) The project of5cer may not male 5;.bstantial as to impatr the sucressful instruction or direction issued by the project changes to the express terms and cond: ben officer is within one of the categories as of this cont act. wmpletion of the wrtract or the service denned in paragraph (c) of this section,the

• To be incorporated into any resultant order, the contract may be tertninated by the contracting ofLcer for default or for the contractor may not proceed but shall notify contraci comenience of the Guernment, as the cor tracting officer in writing witbin five fend of Clause) appropriate If the coctracting offker Ends (5) working days after the receipt of any the contrador at fau!t far the condition, the instruction or diredion and shall reque s the 2052.2 4 73 Timdy receipt a pec pcs.s" a

1 cor. tract price or Emed fee may be equitably contracting officer to modify the cor: tract adjusted danw ard to coepensee the accordingly. Upon receiving the noticat;on As prescribed in 2015 407-70(s), l Covernment for ar.y resultant delay. loss, or from the contractor, the contracting omter insert the following provis;cn in damage. shallissue an appropriate contract applicable solicitations: modification or advise the cont:Sctor m Thrie!y &cep #Prpsals (End of Clause) p gg g 'To be incorporated mto any resc1 tar,t opinion, the technical direction is within the Bacause NRC is a secure facildy with wntract scope of this article and dces not constitute perimeter auess control, offerers sha!! at:ow a change under the " Changes" clause additional time for hand delhery (includig 2052.215-71 Projeci off'cet suthority. (g) Any unauthorized commitment or enpress mail and delivery services) of As prescribed,in 2015.70(a)(2)(i), direction issued by the project officer may proposals to ensure that they are timely insert the following clause in applicable result in an unnecessary delay in the rwceived in the depository at the address solicitations and contracts: contractor's performance and may even result shown in frem 0 on the Standard Form 33

Tederal Regktar / Vol. 57, No. 247 / Wednesday, Decemlnr 23, 1992 I Rulcs ac[Regslatbas stin (End of Prusision) (bl Propos41s in response to this Repst indicatire of the oGemr's b.h as far Propo6al rnust b subrnitted la the anderstand.ag sJ the statement of werk ami ?05211b74 Award notification and followmg three (3) se parate and d:sMad objectives. comrNtment of putmc fsnds. parts. (4) The T* haiod and maagement As procribed M W 407-70{a). (1) Two (2) ornprial s gaed copias of th.s Propsal must be tallared b assure that all inwrt the Mlow hrg claus + in applicable schcitatmn pdaga All apptk_aMe wtwas sec t. sons ruCect a cashne rdationAp to scht'itabons ar.d cmdracts must 9 cupided ty the obrur. the evaluation criteria. Th foMowIr.g are (2)One N original and

• copies of the exampics of th type c.finformation that wrd M !.Acation a-! Camm. fmeni of hr PropaQ."

should b Includad in a technical ad l'uHu funds (3) One (1) origAd and

• copien af the management proposal.

(4 AU of'm ruts w d! W canfied of their "Te hniral and Mar.rpment Propr# (i) D:scussme of the statemeset cf worit to

1. con rr nonu!ca as ser. as po6sath k) Corra taess of the propost.l. Csdsw substantiate the ofkror's understandingof form! nnfkaroc of nccsWoction br chts are hereby at4ad that all the twquirement.

t.tnstnued awanis : ray not be made ur.tu infxmata pmvnbiin i's prepwls. (4 Ducussion of the propcses! rrethod of a catrau ha bwa awrdad. Pursunt to mLdeg u ruses, mmst te acewa, approach to meet the contract objectves. requreme nts c4 FAR 15.1001 M 2). truthful, and cr,mplow % N bat of the hii) EMscurrbn of patentia! prtMect amas prehrtinry not.fbt.on w J1 be prnr.ded offeror's lutow! edge and belief The and the appmad to be tden to resch e these t4re the a%rd for c.D bus.r.ess set-anida Comissbo WI n'y spon au an as. mmments on ryt.ated procuremer.ts. trpresentations male by the o&mr both la liv) Statements of any Interpretations, (b)!! is alsn bra et to yma attention that the crabatica process and for the requsrements. or asmmptions made by the he contrac tmg efker is the only ind.Wdual performam of Me wnri by the ofTerar oHe2 facilities as allable to assist the profess,d M %ssjon of support persmaf

• ho on lepily wrrit the NRC to tt.e setM ted fw ami The Commission rasy ional evnd.ture of pubbc Ends in connection require the oLeur to wbstantia*e g, wah tbs prneurement Ttus macs that credentsais, ed acarna, anJ empiuymer,t permet u&se prcwided in a cnctract dncuners or hatory sf its em pleyees. subcontractor (iv) IdentWy'1:cy henad."and for fre rwifically authonzad by the contn.ctir.s personnel, and n nsulbmts. thinogh pe m[s] so WesMM. spec @

dfncer. NFC techa val perwnnel may not subrasswon of copw., d trecriptss pens stage of thne ht vr til be emnarut+3d 10 issue contract mdfinns, ghe informal diplomaa, h censes. etc. other pmixts oves th course of the prepowi con'ractuaf commit;r.ents, or oMerwhe hind, fdl Cost proposah contract penaJ ofpesfor1r.anca, commit. or obOgate the NRC (ontactuallt (1) The o%nt sail use Standard Funn W Resumes for all pmfessional Infen.1 contractual comnGtments indade. 1411. Confrseticg Pncirg Preposal Carer P**"wl. WWg sdcontacWrs ad (1) Enmuragbg a ptent2a1 contractor to She*<,in submittmlthe Cost Pmponal A yns ["I per annanco g g mcur cnsts prior to reiring a comrsct, mpy a(the fmus and instrattitn, are [ m Reqwsting or rwpiricg a con &ac tor to attadad to this sohcitation. The informarisa r.ake t harges under : rneract w ithout mat rnduda prtment detes sdcient as I gg Istma! contrad mod.* cartons; show the e!cnes of cest upon which de (3) Enccuryirg a cor: tractor to incur costs total crat is pmtktid The Cost Pmposal ((h l[y](fod on&r a cost rc.mburut'e cor.trad in eu ess must be submitted seprWly Som the inchAeg those not pwatty em foyed5 of those msts contracua!!y abwaMe: and Techma! and hg.wnf Propwf-the of*emr If acyof the perme arv ose r (41 Camnittirg the Gca ernment to a come (2) When the ofemr s esem#ed cort Ib' ct,mmitment. descrh the terms of the of &n with reprd ta a pctential crmtract. Ihe poposed worh everde $t00 000 sad she commit;nect(s). Note specificall the u.ntrxt thange, daim or d;tspee. duratWe of the catrM period eurwh sin ud St 6 q MM N #' en ema a Carm contract award.

• 0*'g Man (CSPI er part of its c@

(End af C!auwt Sprndin pt,y 377,y3,,xpkrs to ettsin enufharrt 6 2052115-75 Dispes%n of proposala. propnsal Celehrme ihr compfeMng th C$M' services. explain h nW tr n,,mra., w acaded. l.ist ther pmposed camamsts by narna, As prrx hd tn 2c3 seMmani,in3en N 8"7 * *7* 'd ** descrhe th wed they wift modes the fonowing prtwtsma in apphcable the Tmhrrical and Wnagment Prr pesai. this contract. arie includere past ,g, provide strppartng documeration on the of the contractor or of the U.S. Gov %w eiperience. Indwiduals whe are ar Dupasiten of Pn.posals scicefion proress. I e comparitive vs. ernment Af'er award of the contract, cme copy nonmmpeth eM tS cosWatch ers prtMhM bom betas ped as e (el Tecfmical and mampment proposat consultant unda this contreet. of each unsuccewM proposal is N The Weaf and hagnnent (al lt the offemr plans to subotract any retained by the NRCs D etsion of I"T*'*I"'I'"I'"*"'"Yt'fm DM'D of the work to be perfonsed Hst proposed r Management in c st Resourte infar nstion, such as data subcontracion, if haown, by name. Pmede Contracts and Pro {e [t accordance with t nera Records concerning labut hun and categnries. a detailed descnpriou of h wort to be Schedule 3(5)(b). Unless return of the materiais, sutentracts, travel, compute' performed by the subcontractor, and additional copms of the proposals is time. e'c., must to included in the Technical supporting dccumentation of technical requested by the c5eror upon and Weapment Preposal so tht the evaluation leadirg to the selection. I st.Lmasion of ptoposal, all other ccpies offemr's understar.dirgof the scope of work (mil Provide e detailed schedule forwork will be destroyed %is requesi should may be evalaatad to != performed and identificatira of W The o&nir sM sama witMe ,,grdcad unlestones and complatir,o dates appear in a conr letter accoropanying Technica! and W agnr.snt Pro sal fbi! and for esc h subpart er teslu tb pg complete informa6cn as set fort, below to (nii) Pa$ct scheduling and crmtingency I (End of Provision! prmit the Goverrsent to may a thortagh pla meing d<enoastrating a logical progesunn e a n a ad inkgen he task M emas 2 % 2 275-78 Proposaf pre sentat% and the proposed approach will have a completan within h wformente period W reasonable lhtbood cf mec4ing the and without pngrarm ofippage. t i As prescribed at 201540740(b), requirements and obj<tives of this (mm) Dench of the rnanagnnect insert the following provision in procumnect. organhationalstrucNro delicaating areas of 8 applicable solicitaboas:

13) Statements which paraphrase the respcasibshty and subastty under the i

siatement r f work wihut uanmuracating propnsed eht. Dear.sibe the relation 6p of Proposal Presenration and format the speci!Ic approach preposed by the v.' mar the pr6ect aqpalaatlen to corporate I (al Pmposais must le ty;ed. printed. or or stater.rcts to the edad ht the oLrts marugenaeat and ta subtentractors,11 any. repnwhced ca letterde pa;nr and e.ach undentandisg can or w;11 comply with the Dnews h fandwne and authorities of the mpy must be reg 1Ia. statement of work may be construed as a pro}nct staceps. i ~ \\

/ 61178 rederal Register / Vol. 57. No. 247 / Wednesday. December 23, 1992 / Rules and Negulations (niv) Proc edures to periodically review in-business *. Notification of your intention to

• To be incorporated into any resultant house organitational runctions, picpam attend is essential in the event the conference Contrect, reviews and wntrols, subsquent is rescheduled or cancekd. (Optional (End of Clause) toordmation with the NRC statement: Due to spera hmitations, each 2062215-41 Trsul approvels.

fis) Management controls enrected to be potential proposer is limited to' utibred to produde a contract cost growth. representatives at the cccference ) As prescribed in 2015.407-70(d). (svi) ne ofkror shalllist of any (c) Written questicc.s must be submitted to: Insert the following clause in applicable tommitments with other organintions, U S. Nuclear Regulatcry Commission. Solicitations and contracts: Gosemment and/or commercial, far the same Dmsion of Contrads and Property Managment. ATFN

• Mail stop *,

Trmel Approvals or samuar effort. (um) List of* previous cor.trats for the Washington, DC 20555-(a) All de mestic travel requires the prior (d) The envelope m.st be marked ap(proval of the pnfd officer,b) All foreign trave same or similar services, w4tb the name. title, " Solicitation No */PrepropesalConference.,, and fWI telephone number of a contxt for (e) A transmpt of the conferente will be advance by the NRC on NRC Fonn 445 and ed furmshed to all pros;ective enemrs through must be in compnana with FAR 52.24M3 (svni) List of the name, title, and MI the hsuance of an amendment to the Preference for U Sw Flag Air Carriers. Foreign telephene numter for the proposer's ted.r ral representative and cor: tracts / ' I,ji'd { travel approval must be communicated in g business representative. (End of Prov?sion) writing through the contracting oftctr. (End of Osuse) (mial __ 'To be incorporated into any resultant

• To t,e incorporated into the sohcMation 2052.215-40 Traved retrnbutsement.

, As prescribed at 2015.40740(d), of Clause) (End of Provision) insert the clauses or alternate in 2052.215.-77 ProposeJ presentation and fostnat-Altarnste 1 (tanguage fo, applicable solicitabons and contracts. 2052.215.82 Contract awart! and evaluation of proposala terchnical mertt negotiated task order contracts.) Trawl Feimbursement rnore important than cost. As prescribed at 2015 407q0(b)(1), (a) Total ex;ienditure for domestic travel As rescribed in 2015.670(a), insert insert the following language tn may not exceed

• without the prior the fo lowing Prevision in APP cablo li provision 2052.215-76.

approval of the contruting officer. 50jicitations: (b)The contractor is encouragad to use (d) Cost proposal Covernment contrad airlines, AMTRAK rail Contract A word and haluation o/Prcpo<als (1) ne offeror shall provide a cost servicrs, and discount hotel / motel properties (a) By use of numerical and narratin proposal based on the Estimated Level of Effort. The total estimated cost pmposed by ',f g8 jfgo s< ring techniques, proposals an evaluated r I' . Te offeror is used for evaluabon purposes against the avsluation factors specified la.. g, only. Any resultant contract,except a letter {f],enti cation which is required in paragraph

• below.%ese factors an !!sted!n their re,ative order ofimportance. Award is rw;utternents contract, contains an overall cr&r to putichte e this prom The made to de offerm cost u.1,irg w hereby individual ta k orders Federal Travel Directory RTD) identifies (1) Whose proposalis technically tr.sy be mued The cost end fee,if any, for onue 'm Mas, payment c e cach task order is individually negotiated condihons, and botevrnotel properties which eueptable; (2) Whose technical / cost relationship is and also contains e cost cethng.

of'er their services and rates to Government t a no al agms e 2052_215-78 Proposal presentatico and g{ur Pg ) c wi the n 3of Feden! Acquisition. is issued monthly, may be punhased fnyn at fpc: tab , or time p l e e nhng h and materta!s con *ncts), ) Att gh cost is a factdr in th( As prescribed at 2015 407-70(b)(2)- (c) m contru tw will be resbursed fu, evaluation of proposals, technical merit in paragraph (d)(2) shall be deleted from reasonatle tnvel costs incurred dirntly and the evaluauco critaria set furth below is a specifically in the performance of this more significant factor in the selection of a the provision 2052 215-76 (ontract. The cost hmitations for travel costs contractor. Further, to be selected for an (End of Provision) are detennined in acmedance with the award, the proposed cost rnust be realistic and reasonable. 2052.215-79 Preproposal conference. specific travel regulatices cited in FAR 31205-46, as are in e%ct on the date of the (c) The Covernment mayr - As prescribed at 2015.407-70(c), trip Trevel costs fce researth and related (1) Reject any or all offers if the act,on is i insert the fo!!owing Irevision in activities performed at State and nonprofit in the public internat; applicable solicitations: Institutions. In accordance with section 12 of (2) Accept other than the lowest offer; and Is) A preproposal conference is uheduled Pubbc Law 100479.shallbe cha.ged in (3) Waive Informa!! ties and minor for: accordance with the contractor's institutional irregularities in offers receind. Date:

• policy to the degree that the limitations of (d) The Government may sward a contract location:
• Office of Management and Budget (OMB) on the basis ofinitial offers received, without discussions. Therefore, each initial offw Tim: '

guidante are not exceeded. Applicable (b) This conference is to afford interested guidance documents include OMB Circular should contain the offeror's best tenns from parties an opportunity to present questions A-47, Cost Principles for State and Local e cost or price and technical standpoints, and clanfy uncertainties regarding this Governments; OMB Orcular A-122, Cost (e) A separate cost analysis is performd on solicitation. You a o requested to mail principles for Nonprofit Organizations; and each cost proposal. To provide a common written questions concernir8 those areas of OMB Circular A-21, Cost Principles for base for evaluation of cost proposals, the unter*ainty which,in your opinion, require Fducational Institunocs. Icvel of efiort data must be expressed in staff clarific4 tion or correction. You an (d) When the Govermnent changes the hours. Where e Contractor Spending Plan encouraged to submit your questions in Federal Travel Regulations, or other (CSP)is requind by other provisions of this w ntirg not later than ' working dayfs) prior applicable regulations,it is the responsibility solicitation, cons!deration is given to the to the cor.ference date. Receipt oflate of the contractor to notify the contracting Plan far completeness, reasonableness, and questions may result in the questions not officer in accordance with the Limitations of as a measure of efisctive management of the beir.g answered et the conference although Cost clause of this contrac* 4 the contractor effort. they will14 considered in preparirg any will be unable to male all o, the approved (f) 1n making the above determination, an r ecessary amendrnent to the solicitation. If trips and remain within the cost and fee analysis is performed by the Covernment that you plan to attend the conference, notify 'fby limitations of this contrui due to the takes into consideration the results of the letter ce telephone *, no later than close o changes. technical evaluation and cost analysis, 4

i Federal Regist:r / Vol. 57. No. 247 / Wednesday. December 23, 1992 / Ruhs cnd Regtdations 81179 s

• To be incorporated into the solicitation.

(End of Clause) experience, and a list of any pertinent (End of Provision) publications authored by the individual 2052.21 6 72 Indirect cost ratee-Attomate (lii) Identification of admintstrative 2052.21 0 83 Contract swerd and 1, support penannel and/or facilities that are evetuation of propsoate-<oet mor* As prescribed at 2016.307-70(b), needed to assist the professional personnel in important than technical mortt. insert the following clause in applicable mmpleting work on the task order. As prescribed in 2015.670(a), solicitations and contracts: (iv) Idenufication of " Key Personnel ** and the number of saff hours that willbe substitute the following para ;raph for e IndaM m o ern te I commined to c mpleu o M wmk n 6e task I>stagraph (b) in the clause at Th contractor is reimbuted for allcw able order. 2052.215 82. indtrect costs in acrordance with the (2) Cost reposal"ae contractor's cost (b) Although tmhnir al merit in the es aluation cntene set furth below is a factor followmg predetermined rates: pmposal cach task order must be

• To be incorpon'ed into any resultant prepared using Standard Fonn 1411.

in the evaluation of propsals, cost is mom Contracting Pndng Proposal cover shaet. A mntract. a sigmficant fador in the selectwn of a (End of Clause) copy of 6 form and instructions are contractor, Further to be seln'ed for an attached to this contract. Each task order cost award, the pmposad mst must be reahstic 2052.21 0 73 indirect cost rates-Attornats pmposal must be fully sup;mrted by cost and and reasnr.able. 2. pricing data adequate to establish the 2052.215-84 Contreet award and As prescribed at 2016 307-70(b), reasonableness of the pro sed amounts. as the evaluation of propeaa!s-coat and technical insert the following clause in apphcable ey ]n e,d merit of equal value. solicitations and contracts: the period of performance excoeds six As prescribed at 2015 670a(2). JadeM Cost 1btes-Alternate 1 months. the contractor may be required to submit a Contractor Spending Plan (CSP) as substituto the following paragraph for (al For this contact, the amount ad f hs cut pro L. The TORP Indicates paragraph [b)in the clause at reirr.bursable for indiact costs is as follows: f a CSP is requ 2052.215.82: (c) Task order award. The contractor shall (b)In the ulection of a contrador, (b)In the event that Indirect rates technical meri! to the evaluation cnteria set devoleped by the nizant audit activity on perf rm all work described in definitized furth below and cost lear equal s gndcance the basis of actual owable costs are less task orders issued by the contactin omcer. Definitized task orders Include the llowing-To te selected for an award, the proposed than the ceiling ratas, the rates catablished by cost must be realistic and reasonable-the cognizant audits must apply. The (t) Statemed of work / meetings / travel and dehveralles; Gos ernment may not be obligated to pay any 2052.216-70 t evel of effwt. additional amounts far indirect msts above (2) Repeti i!rements: (3) Period onnaa m As proscribed at 2016.307-70(a), the ceiling rates set brth above for the insert the following provision in applicable period. (4) K'7 'on"*1; li

• To t e incorporated into any resultant (5) App icable special provisions; and aPF cable solicitations.-

mn tact. (6) Tc4al task order amount includleg any fised fee. loel of Efforf (End of Clause) (End of Clause) The NRC's estimate of the total c%rt for 2052.216-74 Task order procedures, this pmiett is appnaunately

• professional and
• derical staff yen for the dation of As prescribed at 2016.506-70(a),

p,g. tlas contract. This inbmation is advis,ory insert the following clause in applicable the f lowing clause in a'506-70,(nsert As rescribed at 2016 and is not to be cor.sidered as the sole basis solicitations and contracts: pplicable for the deselopment of the stamng plan. For Task Order Procedu os solicitations and contracts: the purposes of the Government estimate. 2000 hours constatWe e staff year (a) Task order twpest for proposal When Accefemted Tasi Order Procedurm

• To te incorporated into acy resutant a requirement within the ecope of work for antract this contact is identifled. the contracting (a) The NRC may require the contractor to (End of Provision) nmcer sball transmit to the contractor a Task mmmence work before receipt of e -

Order Request for Proposal (TORP) which definitized task order fmm b contracting 2052.216-71 Indited cost rates. includes the followir*g as appropriate: omcar. Amording, when the contracting As rescribed at 2016.307-70(b), (t) Sco of work / meetings / travel and omcer verta!!y su orizes the work, the motnctor shall roceed with performance of delivera es: insert the followinI clause in applicable the task ceder su jed to the monetary solicitations and contracts: (2) Reportin irements; (3) period o pc armance-place of lim!'ation establisbod for the task order by induect Cosf liares performants; the contracting omcer. (a) PendinE the establishment of final (4) App!kable e tal pnnrisions; (b) When this accelerated procedure is mdirect totes which must be negotiated (5) Technical sk lls required. and employed by the NRC, the contractor a6rees (6) Estimated level of effort. to tegin prom ly negotiating with the based on audit of actual costs, the (b) Task order proposal. By the date contracting o the terms of the definitive contractor shall be reimbuned for specified in the TORP, b mntractor shall task order and agrees to submit a cost allowable indirect costs as follows: deliver to the contacting omccr a written proposal with supporting met or ing proposal tl'at provides the following data. lf agrwment on a definiti task order is not reached by t's target date mutuaDy (b)The contracting omccr may adjust the technical and cost information, as a >ropriate agreed upon by the contractor and above rates as appropriate during the term of the mntract upon emptance of ery revisions opf1) Technical proposal wntent; contracting omcer, the contracting omcar proposed by the c.ontractor. It is the (i) A discussion of the smpe of work may determine e reasonable price and/or fee contnctor's responsibility to notify the requirements to substantiate the contractor's in acx:ordance with Subpart 15 8 and Part 31 contracting omter in accordance with FAR understanding of the requirements of the task of the FAR, sub)nct to contractor appeal as 52.232-20. Limitation of Cost. or FAR order and the contractor's reposed method provided in 52 233-1. Disputes. In any event. 52 232-22, Limitation of Funds, as of approach to meet the ot octive of the the contractor shall proceed with completion applicable,if these changas affect order. of the task crdar. sub)cct on to the performance of work within the established (ii) Resumes for professional personnel monetary lindtation establis ed by the cust or funding limitations. proposed to be utilized in the performance of contracting ollkw and the terms and

• To be incorporated toto any resultant any resulting task order. loclude educational conditions of tlw basic contrad.

contract background, spadfic pertinent work (End of Cause)

G1180 Federd Register / Yol. 57, No. 347 / Wednesday, December 83, 1992 / Rules and bgulations O 2052.222-70 Nondiscrim!nstfon twsuse 2052.235 4 0 Pubscetlen of res4 acch (2) has not teen ruled upn, or ree utts. (3) disappmsed by the Contmission, t!'e of ego, As prescrbd in 2035.70, insert the NRC remes the right to disapprm e or delay As resuibed at 2022.901-70, insert following clause in applicable the pubbcationJTurbr,if 6 NRC the fo lowintclause nn applk.able wlicitations and contracts: dapes with h pmposed publication for solicitations and contracts: an) ruson, it reserves the right to requ!rs PL tion f wth ksults that any 2b!kation not 6dentify the NRC's &nd,3rris:6tw!lon Noue of Age (s) The prtodpal investigatcrisl/cc.ntrador sponsor ip of 6 work and that any It is the pola y of the Czecutive thench of abil comply wlQ the provisions of NRC associated publication costs shall be torr.e by the Gowrnment that: IWbook 3 8 [ksmerly MC 3202) and NRC the contractor. (a) Contr+ctors and subcovracto:s expged Manual Cbpkr 3206 re uding publicatkm (End of Clause) in the perfumance of Feden! cxmtacts may in refemed edentific a engneerin not, in c onnectk.n with the amployrnent. )nurnals or dissemination to the pub c of any N n W ety, N a % e 4 N adunwrnant, ce discharge of empicyces or information, oral or written, conarning the Protection. followhrescrbd in 2035.70, insert the In ctamNn with tb terms, conditions, or work performed under this contract. FaHwe As pMiega of thir empicywat, discriminde to comply with this clause shall be gmunds ng clause in applkable agakvt perums bacause of their age except Int termination of this motract. s Iicitstions and contracts: upon the besis of a bona Me onupational (b) m prindp1 investiptor(s)/ cone queh&atkm, redrement plan. or statutory msy pubhsh the ruuhs of this wcalin Sofety, f(m/tA, and Are Protection requirements, and refereed odentiSc and engivering jou,nels m m e rsbH W an m M (b) That contractors ar,d rubr oetreors, or or la cpn literstare sod presact paprs at precaatier.s in the performance of the work pan oc fing on theu t* half may not public or association meetirgs at intertra ur der this contract to protect the health and specify,in solicitations cr edwrtisements for swes of work,in addition to submitting to -@ d hs emp% ud d m&rs d h and other deliverardes employns to work on Gonmrcent contracts, NRC the final r, pubbe, including NRC ampicyees and a tr:avimum ege limit for em kyment utlets ired under t is contract. However, mcA rentractor personnel, and to minimite dar.ger the spaified n.aximum aga imit is based pt dication and papers shall focus on from all hazards to life and p y and upon a bme fide caupatienal quahncitk'n, advances in sc4rne and technchy ud abil c.umply with all app!

health, minirnhe mndusicas andhr ty, and fare protecten regulatktts and retirement plan, or statutory requirement.

sa ticas wha may have regulattry gg c e (End d Prmiskm) rquirements) of the Cunmission and tb 2052.231-70 Procontract costs. k) Price e a.cy such publication the Rpadment M W In 6 event eat de controdor shall sdanit the proposed c ntract r fails to comply with these As rescribed in $ 2031.10%70,inaert p4hcation to the NPC Contrxting Offx:ar cments, the atmhg the fo lowing clause in applkable and Probct Of3ar kr renew end appmval. reguM2ns wy@t dice may, webou Me to any oder r.olidtations and contracts: [End of Clause) legal or contractual gbts of the Commissian, Pru ccwt Costs 2052.235-71 Pubncation of retsarch issue an order stopptrg an or any pari of the A&w ah!e costs under th.s cont:-act rn ast res uttMntversWes work, thereaf91, a start order for resump6cn d w A mea uswd at de Usen he include such ws,locurred by the As prescrbd at 5 20MO substitute the et.Wg oh b antradar shau de mnt;xfor in connwtaon with the work following parapph (c) for parn6 mph (c) in " d 'I'" I"' * * * * #"" US* " # cmen d by this contrat durfrg the period 2052 2 & 70. compensatt o r damges by twson of, or in frotn

• and indadir's
• to the effxtive date g) m p.incipal in% starts) shah connection with, this type of work stoppage.

of this contat, as would Lace teen coord;nate all such pubPratkms with, and @"d 828*) allemable Wrsuant to the 4rms of this transtnit a copy of the propcsed artide or runtmt if this ccatract had been in effect pper to. tb NRC Contradbg Officer cr Dated at Rociv@e, Mcyland this 9th day durirg that period, provided, however, that hopd O' Goer, prict to publearke. m NRC of D* ember,1992. the toes may not in awegee enred

• eg eas to revie w and prcede mmracots For the Nudear Reguletcry Cornmission, whkb is toduded in the es*1 mated cost of within thirty DO) days after rotsipt of a Samuel J. Chilk.

this torstract. propwd put)hcotinst flowever,in those gg'l ,g

• To be incorporated ir.to any resultant casos whms the infarmetion to be publ!shd metrad is:

IFR Doc. 92-30419 Filed 12-22-02,8.45 ami. (End of Clause) (t) rubbct to Corrcussion tpproval: sus o coct ssee-494s 1 .}}