ML20045G430
| ML20045G430 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/1991 |
| From: | Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML19351B492 | List:
|
| References | |
| FRN-57FR61152, RULE-PR-48C20 AC01-2-025, AC1-2-25, NUDOCS 9307130337 | |
| Download: ML20045G430 (5) | |
Text
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'o UNITED STATES I
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MEMORANDUM FOR:
Patricia G.
Norry, Direc o Office of Administration From:
Gerald F.
Cranford, Director Office of Information Resources Management
Subject:
REQUEST FOR OFFICE COMMENT AND CONCURRENCE ON THE FINAL RULE ENTITLED, " NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION" We have reviewed the subject rule and have no concerns with the rule.
However,- OMB denied approval of the information collections at the proposed rule stage because of concerns expressed by their Office of Federal Procurement Policy (OFPP) and the University of California.
We have been working with the Division of Contracts and Property Management on a continuing basis to ensure that all comments are addressed in the final rule and that an acceptable OMB clearance package is prepared.
The following two comments submitted by OFPP and the University of California do not appear to be adequately addressed-in the Statement of Considerations (public comments and their resolution).
gl.
OFPP indicated at 2052.209-73 (d) (3). (formerly 2052.209-
- 77) that the need for the contractor to disclose all 0c proposed work for task order contracts is extremely burdensome.
v2. fBoth OFPP and the University of California believe that
- a. " there is no justification for requiring the monthly
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reports under 2052.212-70, 71, and 72 within 15 days of'
, pi g the close of the reporting period.
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The Statement of Considerations indicates that the reporting rb j
frequency has been changed to "whatever frequency is meaningful and cC productive."
IRM does not note any change in wording to address c'. b.
the frequency of reporting or the need to submit the report within h
15 days of the close of the reporting period.
Since these concerns impacted OMB's decision to deny approval of the information collections at the proposed rule stage, we.suggest that these concerns be more clearly addressed in the Statement of Considerations.
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OCT 181991 p,
We have reviewed the OMB clearance package and have submitted our 4
comments to the Division of Contracts and Property Management.
If your staff needs to discuss any of our comments further, please have them contact Brenda Jo. Shelton of my staff on extension 28132.
6' L
Gerald F.'Cranford, irector Office of Information Resources Management l
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-2 Pa. 75, Section 2015.612, SEP Structure Please clarify whether non-federal employees can be voting members of an SEP and serve as one or more of the minimum three technical members of an SEP.
Pa. 87, Part 2031,_ Contract Cost Principles and Procedures According to a
recent ruling by
- OGC, the NRC will pay a
contractor's direct labor charges for preparation of individual task proposals in task ordering type contracts.
Should this guidance be incorporated in this regulation?
Pa.
93, Part 2039.001, Acquisition of Information Resources -
Polic_y s<
f'"
r.Does this gu idance apply to IRM work initiated by program offices g>( "> /where the wc k is being accomplished by POE labs?
R Should NRC
/stematically review previous GSBCA rulings and come Lv up with cl tses that can be
- inserted, as appropriate, into f,
procurements for IRM products and services to avoid potential j
protests?
Ao example is the attached article on the wording "in
/,. 4 current production" or " commercially available" that was subject V
to a recent GSBCA ruling (Attachment 1).
Most IRM professionals u
J.<'y,e would, as a matter of course, state in an RFP that equipment bid CF.,
,,should be "in current production",
without realizing the e ' potentially adverse implications of such wording in a procurement i
/v _,A,d package.
sg'y y'c -
It is unclear whether the policy statement states that only IRM can develop information resources studies or that other offices can develop such studies but IRM must approve them.
Can IRM re-delegate its authority for development or approval to another I
,y program office, such as LSSA?
If so, the policy statement should f
4> d be modified to reflect this.
f if f The last sentence states that information resource studies must be submitted to the Division of Contracts with a RFPA.
However, in 7
p a Trail Boss procurement, GSA will grant a DPA carly in the process O
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prior to the receipt of all necessary studies, We would recommend adding a section on " Technical Data Rights".
y,;
This is a controversial area covering the rights of the federal aC p government and the private sector in licensing the use of commercial software and the use of proprietary sof tware customized -
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a
'yi by the government (see Attachment 2). The Government cannot accept
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42 U.S.C 2201; 42 U.S.C. 5841; AND 41 U.S.C. 418(b).
( ; _ALTHORITY :-
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2039.001 Policy.
In accordance with the Federal Information Resources Management and appropriate NRC Management Directives, the Regulation (41 CFR Ch. 201),
Office.of_Information Resources _ Management will be responsible for and approval of information. resources. studies,-including develo; cent analyses of alternatives, system life determinations, software conversion and other requirements analyses for information resources
- studies, i
canagecent procurements in excess of $25,000 (automated data process ng, a
4 and records), when required. These documents must be t el eccccun i cat ions,
submitted to the Division of Contracts and Property Management with the I
required.
Action (RFPA) for which these documents are Request for Procurement 2039.002 Delegations of procurement autherity.
He NRC official authorized to sign Agency Procurement Requests and for Delegations of Procurement Authority i
Agency Telecommunications Requests is the Director, Office of Information Resources Management.
i SUBCHAPTER G - CONTRACT MANAGEMENT Part 2042 - CONTRACT ADMINISTRATION 1
i LTHORITY:
42 U.S.C. 2201; 42 U.S.C. 5841; and 41B(b).
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