ML20198H212

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Request for OMB Review & Supporting Statement Re 48CFR20, NRC Acquisition Regulation Rev
ML20198H212
Person / Time
Issue date: 12/01/1998
From: Shelton B
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
OMB-3150-0169, OMB-3150-169, NUDOCS 9812290270
Download: ML20198H212 (22)


Text

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PAPERWORK REDUCTION ACT SUBMISSION Pie:se read the instructions bef:re completing this form. Fcr addittinal forms or assistance in completing this form. contact y:ur agency's Paperwtrk C' arance Offictr. Send two copi:s cf this firm th) coll:ction instrurr.:nt to be revi wed. the 4

Supporting Statement and any additional documentation to: Office of information and Regulatory Affairs Office of

' anagement and Buciget. Docket Library, Room 10102,72517th Street NW, Washington, DC 20603.

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1. Agency / Subagency onginatmg request
2. OM8 control number

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U.S. Nuclear Regulatory Commission 7

s.

3150-0169 b.None 1 Type of mformaton coueccon (cesc* one) 3 Type of revow requested (Wook one)

s. New cousction y
a. Regular
c. Delegated g b. Revision of a curmney approved cotecten
b. Emergency. Approval requested by (dele):
c. EJdensen of a cunenny approved counction
5. Wm this info we a e, y,,

nNInumber of sman entnies?)

d.Regp gng.gviously approved s

b.No ammatpag=,;gg,= egg =>r =aa-od s.Th,ee res,sf,o,n a,,,.vaid.

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f. Exteung nosection in use without en oms control number y b. other(specify): 5/31/1999
7. Tine 48 CFR 20, U.S. Nuclear Regulatory Acquisition Regulation
8. Agency form number (s) (#apphoebie)

N tapplicable

9. Keydrords Procurement Regulation to. Abstreet The mandatory requirements of the NRCAR 1mplement and supplement the gove 4 ment wide Federal Aegition Regulation,ds of the agency. Reporting requ rements have been simplifiedand ensure t the C satisff the nee
11. Affected pubhc russe punary we w ans as emers sur anwy am st?
12. Obhgebon to respond run,e pu,,y am vene er emers mer asury am Sr >

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a. Individuals or households
d. Farms
s. Voluntary T
b. susiness or other for profit
e. Federal Govemment T
b. Required to obtain or retain benelho

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T c Not.for profit institutions T

f. State,l.ocal of Tribal Govemment
c. Mandatory
13. Annual reporbng and recorskeeping hour burden
14. Annual reportmg and recordkeeping cost burden en momeams Nanmarv 750
c. Total annualized capitantetertup costs 0

, s. Number of respondents b.' Total annual responese 11.311

b. Total annual costs (O&M) 0
c. Total annuaitted cost sequested 0
1. Percentag*e of these responses 0.0 %
d. curmnt ous inventory 0
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      • '"ceny
c. Total annual hours requested 120,449

. on,,onos 0

d. curmnt oms inventory 120,449 g
e. Dweenos 0
1. Prograrn Wenge
f. Explanation of dmorence
2. Aquetment e
1. Pmeram ohenge
2. Aquetment
16. Purpose of informaton coueccon
16. Frequency of recordkeeping or reporbng fanset as met appfy)

(Mort prenery am P'seuf as omers mer appfy am T)

a. Recordkeeping O*'a***'tra*"
e. Program pionning or management ]
c. Reporting T
a. Appucation for bensfMs
b. r,og,e,n ev.a n
f. Re.e.,,a 2 ' oa====*a 2 * *r Z * "*'*r

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c. Genersipurpose stedstics
g. Regulatory or compuence
4. Quarterly
5. Sem6 sanually
6. Annusuy

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d.Auda

7. Biennially
8. Other (describe)
17. 4tatsteal methods
18. Agency co to who con seer answer gueseens repenme me Does this Information conection employ statistioni methode?

Name:

Mary Lynn Scott c

i n q' g Q 8 Yes

'y No 301-415-6179 T)(M phone.

nasa an.4 was nn see,.sunsewann.

10/95 9812290270 981201

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SUPPORTING STATEMENT FOR 43 CFR CHAPTER 20 F

U.S. NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION REVISION (3150-0169)

Descriotion of the information Collection NRC regulations in 48 CFR Chapter 20 implement and supplement the govemment-wide Federal Acquisition Regulation (FAR) and ensure that the policies governing the procurement of goods and services within the U.S. Nuclear Regulatory Commission (NRC) satisfy the needs of the agency. The Nuclear Reguistory Commission Acquisition Regulation (NRCAR) includes j

policies, procedures, sol l citation provisions, and contract clauses needed to ensure effective and i

efficient evaluation, negotiation, and administration of procurements. The U.S. Nuclear i

Regulatory Commission is amending its Nuclear Regulatory Commission Acquisition Regulation j

(NRCAR) in 48 CFR Chapter 20 to meet the requirements of Public Law 103-355 (the Federal i

Acquisition Streamlining Act-FASA) and Public Law 104106 (the Federal Acquisition Reform i

Act (FARA), and the Information Technology Management Reform Act (ITMRA)). Both public i

laws modify and streamline FAR requirements. A complete re-estimation of the burden for 48 l

CFR Part 20 has been performed and the NRC is requesting a full three-year clearance.

l Overview of the Proposed Rule 1

l A.~

Justification l

This information is necessary to ensure that the agency's acquisition regulations comply with the FAR, and other applicable statutes and to ensure that public funds used for the acquisition of j

commercial goods and services are expended properly.

{

1. Need For and Practicable Utility of the Information Collection:

]

Section 2009.570-3(b)(1) and (2). This section implements the statute (42 U.S.C. Sec.

l 2221, Sec.170A OSe Atomic Energy Act of 1954, as amended), which govems conflicts of interes Artaining to contract award. It requires that the offeror or contractor ",

disclose information concoming relationships that may be potential conflicts of interest under certain circumstances which are listed. If there is an indication of a potential for a conflict of interest, the contracting officer may request specific information or may require i

special clauses. The burden associated with this requirement is covered under

$2052.20g-71 " Contractor Organizational Conflicts of Interest (representation)". It includes information needed to make conflict of interest determinations on a case-by-case brsis.

j L

4 l

3 l

2

d Section 2009.570-3(c). This section provides conflict c' interest policy application guidance. Because the NRC does not predetermine conflict of interest issues before receiving offers, this information helps organizations decide whether to expend bid and proposal costs if there is a possibility of ineligibility for award due to a conflict of interest determination. The burden associated with this requirement is covered under paragraphs (d)(2), (d)(3), and (f) of $2052.209 72 " Contractor Organizational Conflicts of interest.'

Section 2009.570-5(b). This section states that if it is determined from the nature of a proposed contract that an organizational conflict of interest exists, the contracting officer may determine that the conflict can be avoided, or, after obtaining a waiver in accordance with $2009.570-9, neutralized through the use of an appropriate special contract clause which may be negotiated with the offeror. The burden associated with this requirement is minimal.

Section 2009.570-8. This section states that the contracting officer shall require offerors and contractors to submit a representation statement from all subcontractors (other than a supply subcontractor) and consultants performing services in excess of $10,000 that award of the contract or modification does not involve conflict of interest situations. The burden for this requirement, which flows down from the prime to the subcontractor, is covered under $2052.209-72, ' Contractor Organizational Conflicts of interest."

Section 2014.201-670fh). This section requires all bidders to list previous / current contracts for a period of time specified by the contracting officer in which the bidder was the prime or principle subcontractor. This information will assist the contracting officer to make a determination of responsibility. This requirement has been edited to make it optional, as appropriate. In some instances where there is little or no procurement history available, information concerning bidder qualifications and past experience enables the contracting officer to query the technical and contracting points of contact j

i identified and ascertain the bidder's performance record, integrity, and business ethics.

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The burden for this requimment is covered under $2052.214-71 " Bidder Qualifications l

and Past Experience."

l j

Section 2027.305-3 (a) and (b). These sections pertain to contractor reporting i

requirements during contract closeout procedures. Paragraph (a) of this Section requires the contractor to report on any patents, copyrights, or royalties attained using j

any portion of the contract funds. If the contractor did not eam any patents, copyrights or j

royalties using any portion of contract funds, paragraph (b) of this Section requires the l

contractor to submit a written determination to this effect before final payment and j

closeout of the contract. The requirements of paragraphs (a) and (b) are necessary to i

ensure that the contractor has not generated work to which the Federal govemment l

might have technical or economic rights and brings the NRCAR into conformance with FAR Part 27.504-3(a). This FAR Part states that " Agencies shall maintain appropriate procedures to protect the Govemment's interest and to check that subject inventories are j

identified and disclosed."

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Section 2042 570-1. This sect:on requires the contractor to provide a copy of the NRC Differing Professional Views procedures to all its employees performing under the contract and to all subcontractors, who in tum, shall provide a copy of the procedure to its employees so that all are aware of NRC's policy. NRC's policy is to maintain a working environment that encourages expression of best professionaljudgments, even though these may differ from prevailing NRC staff view, disagree with a management decision or policy position, or take issue with proposed or established agency practices.

The procedures cited under th's Section allow the contractor a means to express disagreement with the NRC staff. The burden for this section is included under

$2052.242-70 " Resolving NRC Contractor Differing Professional Views" and 52052.242-71 ' Procedures for Resolving NRC Contractor Differing Professional Views."

Section 2042.803(a)(2ifli. This section states that the contractor may submit a written claim to the contracting officer for reimbursement of a disallowed cost. This procedure allows an attemative to filing a formal claim under the Disputes clause.

Sigtion 2042.803(bl. This section states that when audit reports or other notifications question costs or consider them unallowable, the contracting officer shall resolve all cost issues through discussions with the contractor and/or auditor, whenever possible, within six months of receipt of the audit report. The resolution process is dependent on a number of inputs including the contractor's. Six months is a realistic time frame based on experience in resolving audit cost issues.

Section 2045.371(b). This section requires contractors to send a copy of each Financial Status Report to the Chief, Property 'and Acquisition Oversight Branch, whenever the Financial Status Report references acquisition of, or change in status of, contractor held property purchased with government funds valued at the time of purchase at $50,000 or more. This amount is the threshold for detailed reporting of capitalized property. Capital property is recorded as an asset in the agency's financial statement The NRC surveyed several other agencies to determine their reporting requirements for capitalized equipment. As a result of that survey, the agency determined that the threshold of

$50,000 for detailed reporting of capitalized equipment will maintain the integrity of the 1

contractor's reporting system and preserve, at a meaningfullevel, NRC's right to recover a

capitalized equipment. The burden for this requirement is stated under $2052.211-72

" Financial Status Report" and $2052.211-72 ' Financial Status Report - Altemate 1."

Enction 2052.204-70(bl. This section requires the contractor, upon completion or termination of the contract to transmit to the Commission any classified matter in the possessien of the contractor or any person under the contractor's control in connection.'.

with performance of the contract. If contractor retention of classified materialis required after termination of the contract, the contractor must complete a certificate of possession.

This certificate must identify the items and types or categories of matter retained, the conditions goveming the retention of the matter and their period of retention, if known. In addition to Executive Orders, Statutes and other directives which apply to the security systems of all Federal agencies (including the Department of Defense), NRC's security system is also based on the Atomic Energy Act (AEA) of 1954, as amended. Specifically Chapter 12, Section 145 of the AEA places certain restrictions on the control of NRC 3

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Please re:d the instructions bef re comoliting this form. For additional forms or assistance in completing th's form. contact ncy's Paperwork Cl:arance Offic r 6:nd two copies cf this form th) c:ll ction instrument to be r:vi:wid, the j

your ag:ing Statement and any additionai documentation to: Office of information and Reculatory Affaire, Office of Support Management and Buciget, Docket Library, Room 10102,72517th Street NW, Washington, DC 20s03.

1. Agency /subseeney onomstme request
2. oms contros numba

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U.S. Nuclear Regulatory Commission 7

e.

3150-0169 b.None

3. Type of mformaten coNechon (check nne) 1 Type of revow requested (check one)
a. New conection g
a. Regular ct Donegated g b. Revision of a currendy approved conection
b. Emergency Approvst requested by (dele):
5. Will this information co,npaa n have a llectio e, y
c. Eadenelon of a cunently approved conection ni eoonore i a

gntialnumber of smas entities?

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d.ggp rg.g appoved b.No

  • reg r, w ago w se,g * = mad a.Three,e.,e % a,,,0v.idate ep o,

N"""d

7 b. othw(spec #y): 5/31/1999

f. Existine noussion in une without en oms contmi numbw
7. Title 48 CFR 20, U.S. Nuclear Regulatory Acquisition Regulation
8. A0ency form number (s) (#aspece6de)

N:t applicable

s. Keywords Procurement Regulation
10. Abstract The mss.A.atory requirements of the NRCAR implement and supplement the government wide Federal n Re ulation,ds of the agency. Reporting requgoverning the procurement of goods and s and ensure that the regulations AegU.atis the nee rements have been simplified the
11. Affected pubhc raes,e anmery men w ans as ame,s sur anwy em M
12. Obhgaten to respond ruste pn.ory am e ans er emere mer amWy em M

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a. Individuale or households
d. Farms
a. Voluntary T

b, susiness or other for profit

e. Federst Govemment T
b. Required to obtain or retain benents i

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T

c. Not-fo'-pront institutions T
f. state, Localor Trbel Govemment
c. Mandatory
13. Annual reporung and recordkeeping hour burden
14. Annual reportmg and recordkeeping cost burden on meisense armes,w 750 a.Totaf annushed capitavstartup costo 0

,,9

. a. Number of respondente b/ Test annualresponses 11,311

b. Total annual costs (o&M) 0
1. PeDected ioctronteenyof these sosponou c.Totet annushed cost mquested 0

con 0.0 %

d. cunent oms hwntory 0
c. Totalannual hours requested 120,449
e. Dusemnos 0
d. curent oms inventory 120,449
c. DNfemnes 0
1. Program ohenge
f. Explanstion of dWorwee
2. Aquesnent
1. Pmeram ehenes 4
2. Aquelmont
15. Purpose of informaton collochon
16. Frequency of recordkeeping or reportmg (anook as met appfy)

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  1. dwt pr6nery wm 'P* and af omere ser amWy am TJ
a. Recordkeeping
b. Third party disclosure T
a. Appuceben for benefus
e. Program pionning or management ]

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]c. Reporting 1.on oocesion

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2.Weeldy

] 3. Monthly

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b. Program evaluation
f. Research

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c. General purpose stetteths
0. Re0uletory or comp'lence
4. Quarterly
5. somLannuany
6. Annusty

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d. Audit
7. siennisNy S. other (describe)
17. Statstical methods 1s. Agency contact : person who son aest answer guestons regerens me d

Don this information conection employ statistical methode?

Name:

Mary Lynn Scott o

i oq' g)8 Yes Mg No 301-415-6179 D(o3 pn.n..

1 naan as.e.

na r on.s e w' QN ' q j 9812290270 981201 PDR ORO EUSOMB PDR

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19,C;rtificati:n f;r P:perwork R:ductFfrOcfTicmisuorm s.

On behalf of this Federal agency,I certify that the collection cfinfonnation encompassed by this requo j

5 CFR 1320.9.

4 NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8 (b)(3), appear at the end of i

b d ih f ce to those regulatoryprovistou ar setforth in i

instructions Thecertylcationisto ema ewt rq sren i

de iristractions.

- The following is a summary of the topics, regarding the proposed collection ofinfonnation, that the cert i

(a) It is necessary for the pp performance of agency fbactions; j

(b) It avoids unnecessary duplication; (c) It reduces burden on small entities; (d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; (e) Its implementation will be consistent and compatible with current sei~nig and recordkeeping pike; (f) It indicates the retention periods for recordkeeping requirmnents; l

(g) It infonns respondents of the information called for under 5 CFR 1320.8 (b)(3):

j (i)

Why the information is being collected;

)

l (ii) Use ofinformation; i

(iii) Burdenestimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

j j

(v) Nature of extent of confidentiality, and (vi) Need to display currently valid OMB control number; (b) It was developed by an office that has planned and allocated resources for the efficient and effective manage-(1) W13W'd#E@nt'8Mffaat?*.f6 fey'dEffo'foW,W'"f**i"'""*d);

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0) It makes appropriate use ofinformation technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reaso Item 18 ofthe Supporting Statement.

Sqneture of Authorized Agency Ofholei l Dets Date Sqpneture of Senior OfRc6el or seeignee Brende Jo. Shoton, NRC Cleerenos OfRoer, OfRoe of the Chief Information OfRoer 10/96 Oest 884 u

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SUPPORTING STATEMENT FOR e

48 CFR CHAPTER 20 U.S. NUCLEAR REGULATORY COMMISSION ACQUISITION REGUI.ATION REVISION (3150-0169) l Description of the Information Collection NRC regulations in 48 CFR Chapter 20 implement and supplement the government wide L

Federal Acquisition Regulation (FAR) and ensure that the policies governing the procurement of l

goods and services within the U.S. Nuclear Regulatory Commission (NRC) satisfy the needs of l

the agency. The Nuclear Regulatory Commission Acquisition Regulation (NRCAR) includes policies, procedures, solicitation provisions, and contract clauses needed to ensure effective and efficient evaluation, negotiation, and administration of procurements. The U.S. Nuclear Regulatory Commission is amending its Nuclear Regulatory Commission Acquisition Regulation (NRCAR) in 48 CFR Chapter 20 to meet the requirements of Public Law 103 355 (the Federal Acquisition Streamlining Act - FASA) and Public Law 104-106 (the Federal Acquisition Reform Act (FARA), and the information Technology Management Reform Act (ITMRA)). Both public laws modify and streamline FAR requirements. A complete re-estimation of the burden for 48 CFR Part 20 has been performed and the NRC is requesting a full three-year clearance.

Overview of the Proposed Rule A.

Justification This information is necessary to ensure that the agency's acquisition regulations comply with the FAR, and other applicable statutes and to ensure that public funds used for the acquisition of commercial goods and services are expended properly.

1. Need For and Practicable Utility of the Information Collection:

Section 2009.570 3(b)(1) and (2L This section implements the statute (42 U.S.C. Sec. 2221, Sec.170A of the Atomic Energy Act of 1954, as amended), which govems conflicts of interest pertaining to contract award. It requires that the offeror or contractor ".

disclose information concoming relationships that may be potential conflicts of interest under certain circumstances which are listed. If there is an indication of a potential for a conflict of interest, the contracting officer may request specific information or may require special clauses. The burden associated with this requirement is covered under

$2052.209 71

  • Contractor Organizational Conflicts of Interest (representation)". It includes information needed to make conflict of interest determinations on a case-by-case basis.

a

..--._..- ~. - - --.- ---.- --- - -.- - - - -

Section 2009 570-3(c). This section provides conflict of interest policy application guidance. Because the NRC does not predetermine conflict ofinterest issues before i

receiving offers, this information helps organizations decide whether to expend bid and proposal costs if there is a possibility of ineligibility for award due to a conflict of interest i

determination. The burden associated with this requirement is covered under paragraphs (d)(2), (d)(3), and (f) of $2052.209 72 " Contractor Organizational Conflicts of Interest.'

Section 2009.570-5(b). This section states that ifit is determined from the nature of a proposed contract that an organizational conflict of interest exists, the contracting officer may determine that the conflict can be avoided, or, after obtaining a waiver in accordance with $2009.570-g, neutralized through the use of an appropriate special contract clause which may be negotiated with the offeror. The burden associated with this requirement is minimal.

Section 2009 570-8. This section states that the contracting officer shall require offerors and contractors to submit a representation statement from all subcontractors (other than i

a supply subcontractor) and consultants performing services in excess of $10,000 that award of the contract or modification does not involve conflict of interest situations. The burden for this requirement, which flows down from the prime to the subcontractor, is covered under $2052.209-72, " Contractor Organizational Conflicts of interest."

Section 2014.201-670(b). This section requires all bidders to list previous / current contracts for a period of time specified by the contracting officer in which the bidder was the prime or principle subcontractor. This information will assist the contracting officer to make a determination of responsibility. This requirement has been edited to make it optional, as appropriate. In some instances where there is little or no procurement history available, information concerning bidder qualifications and past experience enables the contracting officer to query the technical and contracting points of contact identified and ascertain the bidder's performance record, integrity, and business ethics.

The burden for this requirement is covered under $2052.214-71 ' Bidder Qualifications and Past Experience."

Section 2027.305-3 (a) an_dlbl These sections pertain to contractor reporting requirements during contract closeout procedures. Paragraph (a) of this Section requires the contractor to report on any patents, copyrights, or royalties attained using any portion of the contract funds. If the contractor did not eam any patents, copyrights or royalties using any portion of contract funds, paragraph (b) of this Section requires the contractor to submit a written determination to this effect before final payment and i.

closeout of the contract. The requirements of paragraphs (a) and (b) are necessary to ensure that the contractor has not generated work to which the Federal govemment might have technical or economic rights and brings the NRCAR into conformance with FAR Part 27.504 3(a). This FAR Part states that " Agencies shall maintain appropriate procedures to protect the Govemment's interest and to check that subject inventories are identified and disclosed."

2

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--.i

Section 2042 570-1. This section requires the contractor to provide a copy of the NRC Differing Professional Views procedures to all its employees performing under the contract and to all subcontractors, who in tum, shall provide a copy of the procedure to its employees so that all are aware of NRC's policy. NRC's policy is to maintain a working environment that encourages expression of best professional judgments, even though these may differ from prevailing NRC staff view, disagree with a management decision or policy position, or take issue with p.gosed or established agency practices.

The procedures cited under this Section allow the contractor a means to express disagreement with the NRC staff. The burden for this section is included under

$2052.242-70 " Resolving NRC Contractor Differing Professional Views" and $2052.242-71 " Procedures for Resolving NRC Contractor Differing Professional Views."

Section 2042.803(a)(2)(1). This section states that the contractor may submit a written claim to the contracting officer for reimbursement of a disallowed cost. This procedure allows an attemative to filing a formal claim under the Disputes clause.

Section 2042.803(b). This section states that whsn audit reports or other r.otifications question costs or consider th3m unallowable, the contracting officer shall resolve all cost issues through discussions with the contractor and/or auditor, whenever possible, within six months of receipt of the audit report. The resolution process is dependent on a number of inputs including the contractor's. Six months is a realistic time frame based on experience in resolving audit cost issues.

Section 2045.371(b). This section requires contractors to send a copy of each Financial Status Report to the Chief, Property and Acquisition Oversight Branch, whenever the Financial Status Report references acquisition of, or change in status of, contractor-held property purchased with government funds valued at the time of purchase at $50,000 or more. This amount is the threshold for detailed reporting of capitalized property. Capital property is recorded as an asset in the wgency's financial statement. The NRC surveyed several other agencies to determine their reporting requirements for capitalized equipment. As a result of that survey, the agency determined that the threshold of

$50,000 for detailed reporting of capitalized equipment will maintain the integrity of the contractor's reporting system and preserve, at a meaningfullevel, NRC's right to recover capitalized equipment. The burden for this requirement is stated under $2052.211-72

" Financial Status Report" and $2052.211-72 " Financial Status Report - Alternate 1."

Section 2052.204 70(b). This section requires the contractor, upon completion or termination of the contract to transmit to the Commission any classified matter in the possession of the contractor or any person under the contractor's controlin connection a with performance of the contract. If contractor retention of classified materialis required after termination of the contract, the contractor must complete a certificate of possession.

This certificate must identify the items and types or categories of matter retained, the conditions goveming the retention of the matter and their period of retention, if known. In addition to Executive Orders, Statutes and other directives which apply to the sacurity systems of all Federal agencies (including the Department of Defense), NRC's security system is also based on the Atomic Energy Act (AEA) of 1954, as amended. Specifically Chapter 12, Section 145 of the AEA places certain restrictionr, on the control of NRC 3

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information as it relates to contracts. These restrictions / requirements have been incorporated into NRC's security system and must be adhered to by contractors requiring j

access to classified information. This clause is necessary to ensure that any restacted data and classified information in a contractor's possession during or at the conclusion of centract performance is protected against sabotage, espionage, loss or theft.

Section 2052.204-70(l). This section requires that the contractor insert provisions j

similar to those found in $2052.204-70(b) through (i) in all subcontracts ud purchase orders under the contract, to safeguard classified information. [See statement of need at

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2052.204-70(b) above.)

i Section 2052 204-70(k). This section requires that the contractor assign clas Wications j

to all documents, materials, and equipment originated or generated by the contractor in i

accordance with the Commission's security requirements to safeguard classified 4

information and that every subcontractor must comply with those agency security requirements. [See statement of need at 2052.204-70(b) above.]

4 l

Section 2052.204-71 This section requires that all contractor personnel obtain, display, i

safeguard, and retum identification badges in accordance with agency procedures.

l Because the NRC is a secure facility with perimeter access control, all NRC employees i

and contractor employees needing frequent access to the NRC facilities must display current identification badges. All contractors to whom this clause applies must also i

safeguard classified information and safeguard against unauthorized access to other j

Govemment records or data.

i Section 2052 209 70. This section requires the offeror to provide identifying information for each case where any current /former NRC employees (including special govemment a

employees performing services as experts, advisors, consultants, or members of advisory committees) have been or will be involved, directly or indirectly, in developing i

the offer, negotiating on behalf of the offeror, or managing, administering, or performing i

any contract, consultant agreement or subcontract resulting from the offeror. This requirement assures that conflict of interests are avolded and faimess is maintained 4

l during the selection process.

j Section 2052.209-71(a). This section requires the offeror to provide a written j

description of all relevant factors to be considered by the contracting officer if a

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contractor represents that a potential organizational conflict of interest may exist. This information is necessary to permit NRC to make a fair analysis of such situations.

j Section 2052.209-72(c)(1) and (d)(2). These sections require the contractor to make an 4

immediate and full disclosure in writing to the contracting officer if organizational conflict of interests are discovered after contract award. Although the basic principles underlying

(

FAR Subpart 9.5, Organizational Conflicts of Interest, are identical to the NRC rule, this clause is needed because the NRC procedures to implement that policy are substantially different. NRC's procedures are dictated in large part by Section 170A of the Atomic Energy Act, (Section 8 of Public Law 95-601, Section 170A to Public Law 83 703,68 Stat. 919, as amended (42 U.S.C. Ch.14)). This section of the Atomic Energy Act 4

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7_

r quires tha NRC to r quest information from prospective contractors r garding conflict of interests and evaluate the information prior to contract award. It is this active role of requestira and evaluating information conceming conflict of interest situations that makes agency precedures different from those intended by the FAR. This clause puts into effect agency po' icy of avoiding, eliminating or neutralizing contractor organizational conflict of interests. This objective is achieved by requiring prospective contractors to submit information describing relationships, if any, which may give rise to actual or potential conflict of interests if awarded the contract. Since determinations regarding contractor conflict of interests cannot be made routinely, such contractor supplied information is essential.

Section 2052.209-72(d)(3). This section requires the contractor performing a task-order type contract to disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract at least 15 days before the proposed award date unless the contractor provides a written justification demonstrating urgency and due diligence to discover and disclose new work. This Information is necessary to permit NRC to make a fair analysis and to avoid conflict of interest situations.

Section 2052.209-72(f). This section requires the contractor to include the Contractor Organizational Conflict of Interest clause in subcontracts. The terms contract, contractor, and contractino officer, must be appropriately modified to preserve the Govemment's rights.

Section 2052.211-70. This section requires that all technical reporu and technical progress reports be prepared in accordance with the NRC's Management Directive 3.8,

" Unclassified Contractor and Grantee Publications in the NUREG Series." The clause alerts the offeror to the requirements of the chapter. The prescription at $2011.104-70(a) and the prescription under the clause state that the contracting officer may alter the clause prior to issuance of the solicitation or during competition by solicitation amendment. Insignificant changes to the clause may be made by the contracting officer on a case by-case basis during negotiations, without a solicitation amendment.

Section 2052.211-71. This section provides the requirements for Technical Progress Reports which the offerors may consider in preparing a proposal and as guidance to the contractor during performance of the contract. This information is necessary to ensure efficiency of the contractor's report preparation and the NRC's review of these reports.

The requirements of OMB Circular A-110 are applicable only to certain financial assistance awards, and are not appropriate for NRC contracts. This clause is prescribed by $2011.104 70(b) which emphasizes that the reporting requirements should be set at s'"

meaningful and productive frequency for each contract, considering the size and complexity of the particular project or program. The technical progress reports, normally provided under cost-plus-fixed fee contracts only, are necessary for staff assessment, surveillance and enforcement of technical performance.

Saetion 2052.211-72. This section provides the Financial Status Report requirements which the offerors may consider in preparing a proposal and as guidance to the 5

--,-.-,-,--a

contractor during performance of the contract. As stated in the justification above in

$2052.211-71, the requirements of OMB A-110 are applicable only to certain financial assistance awards and are not appropriate for NRC contracts. This section requires the contractor to send a copy of the financial status report, normally provided monthly, to the Chief, Property and Acquisition Oversight Branch, Division of Contracts and Property Management, Office of Administration whenever it references the acquisition of, or changes in the status of, contractor-held property acquired with govemment funds valued at the time of purchase at $50,000 or more. Both the technical progress and financial status reports are due within 15 calendar days after the end of the report period.

This due date accommodates the accounting system of most commercial contractors, and cducational and other non profit institutions, if this due date causes a hardship for a contractor, another date is negotiated and agreed upon. This due date also enables the j

staff to review the report as close to "real time" as can be reasonably be required. The financial status report is necessary to provide detailed cost information and is analyzed in concert with the technical progress report to ensure consistence of progress with costs expended. These reports are analyzed by staff to ensure all costs are allocable and allowable and to provide the basis for approving payment of the contractor's monthly invoice.

l i

Section 2052.211-72 Attemate 1. This section is used instead of $2052.211-72 when no l

contractor spending plan is required. The justification for the clause is addressed above under $2052.211-72.

1 Section 2052.214-71. This section requires the bidder to provide information on previous and current contracts so that the contracting officer may determine responsibility. Past experience is relevant to determining responsibility prior to award, and timely awards depend on this minimal information to be available. Determination of responsibility is required by FAR 14.407-2.

i Section 2052.214-72(e). This section requires bidders to submit, on request, l

statements conceming their ability to meet any of the minimum standards set forth in l

FAR g.104, samples of work, and identifying information on clients. This information is l

necessary to assess whether the bidder is responsible within the meaning of FAR 9.1 and whether the bidder possess qualifications that are conducive to the work under a particular contract.

l Section 2052.214-74 and 2052.215-74. If a contractor wants his copies of a bid or proposal returned, he must state that request in a cover letter accompanying these l

documents. Such advance notice permits the contracting activity to automatically dispose of excess bid or proposal copies of offers in a timely manner, Section 2052.215-70(b). This section requires that the contractor immediately notify the contracting officer if any key personnel become unavailable for contract work for a continuous period exceeding 30 work days, or are expected to devote substantially less effort to the work than indicated in the contractor's proposal or initially anticipated by the contractor. The contractor shall promptly replace key personnel with personnel of at least substantially equal ability and qualifications subject to the concurrence of the

}

6 i

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contracting officer. This requirement ensures that the project continues to be managed by competent personnel.

Section 2052.215-70(c). This section requires the contractor to submit a written request to the contracting officer for approval of substitutions for key personnel. This written request must contain a detailed explanation of the circumstances necessitating j

the proposed substitutions, a complete resume for the proposed substitute and other information requested by the contracting officer to evaluate the proposed substitution.

The requirement of this section is to ensure that the project continues to be managed by competent personnel in accordance with the contract.

Section 2052.215-71(ft This section requires the contractor to notify the contracting officer in writing within five days after the receipt of any instruction or techniw direction by the project officer that is not within the scope of work, and to request the contracting officer to modify the contract accordingly. This requirement is in the best interest of all parties and serves to avoid delays and expense associated with disputes that occur as a result of an unauthorized action.

i Sections 2052.215-75. 2052.215-75 Attemate 1. and 2052.215-75 Attemate 2. These sections provide proposal preparation instructions for Section L of NRC solicitations which inform offerors of technical and cost proposal content, presentation and format required by NRC. The instructions for technical proposals have been modified to eliminate many proposalinformation requirements and now allow streamlined oral presentations in lieu of burdensome written proposal material. These instructions serve as a guide for offerors in preparing technical and cost proposals, establish uniformity and facilitate proposal evaluation.

Sections 2052.215-77(a) and (dt These sections provide for prior NRC approval of foreign travel and incurred travel expenses which may cause the contractor to exceed estimated costs specified in the contract. Section (a) requires that all foreign travel requests be submitted on NRC Form 445, " Request for Approval of Official Foreign Travel *. This form is used to specify the travel purpose, names of travelers, estimated foreign travel costs, and NRC approval of the foreign travel. The NRC assumes no obligation for foreign travel expenses incurred until this form has been signed by the Chairman or Executive Council member (e.g., Office Director, or Regional Administrator).

NRC Form 445 will be cleared separately from this rulemaking. Section (d) requires the contractor to notify the contracting officer in accordance with the FAR Limitations of Cost clause included in the contract when, at any time, the contractor leams that travel expenses will cause the contractor to exceed the estimated contract costs. This notification serves as a means to help control contract costs in a timely manner.

Sections 2052.215 78(b) and (d). These sections provide for prior NRC approval of i

foreign travel and incurred travel expenses which may cause the contractor to exceed j

estimated costs specified in the contract. Section (a) requires that all foreign travel requests be submitted on NRC Form 445, " Request for Approval of Official Foreign Travel". This form is used to specify the travel purpose, names of travelers, estimated foreign travel costs, and NRC approval of the foreign travel. The NRC assumes no j

i 7

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obligation for foreign travel expena incurred until this form has been signed by the Chairman or Executive Coune".nember (e.g., Office Director, or Regional Administrator).

NRC Form 445 will be eleswl separately from this rulemaking. Section (d) requires the contractor to notify the contracting officer in accordance with the FAR Limitations of Cost clause included in the contract when, at any time, the contractor leams that travel expenses will cause the contractor to exceed the estimated contract costs. This notification serves as a means to help control contract costs in a timely manner.

Section 2052 216-72. This section previously required the contractor to submit a detailed written technical proposal which covered four areas of consideration. Detailed cost proposal information was also required to support each cost element. The section, as revised, has eliminated the need for a detailed written technical proposal; instead, the contractor may give an oral presentation of his plan to complete the task order requirements. The requirement for submittal of a contractor spending plan is still required if the task order is in excess of $100,000. However, the contractor no longeris required to submit detailed elements of cost. Instead, the contractor is instructed to support cost data to establish the reasonableness of the amount proposed. The burden on contractors is reduced significantly as a result of these changes.

Section 2052.227-70. This section provides that all drawings, designs, specifications and other data associated with the contract work are the property of the Govemment, must be made available for inspection by the Commission, and must be delivered to the Govemment, or disposed of in accordance with instructions from the contracting officer.

This requirement is necessary to assure that classified, highly sensitive, and high priority specifications and other data are secured throughout the life of the contract and after expiration of the cont act. The clause is included in all contracts in which drawings, designs, specification s are involved, or where other data will be developed.

Section 2052.235-70(cl Prior to publication, the private contractor or university shall submit any proposed document to the contracting officer and project officer for review and approval. This clause alerts the contractor that NRC has 30 days to review the publication and reserves the right to approve or disapprove publication of the document.

If the NRC disagrees with the proposed publication, this enables the agency to reserve the right to require that any publication not identify NRC's sponsorship of the work and that any associated publication costs shall be bome by the private contractor or university.

Section 2052.235-71. This section requires the contractor to take all reasonable precautions in the performance of work under a contract to protect the health and safety e ofits employees and members of the public, including reporting requirements. In the event the contractor fails to comply with this regulation, this clause allows the contracting officer to stop all work.

Section 2052.242-70. This section requires the contractor to provide a copy of

" Procedures for Resolving Differing Professional Views

  • to all employees performing under this contract and to all subcontractors who shall, in tum, provide a copy to their employees so that all employees are aware of NRC's policy. The prescription for this l

clause is at $2042.570-2. NRC policy is to maintain a working environment that encourages expression of best professionaljudgments, even though these may differ from prevailing NRC staff view, disagree with a management decision or policy position, or take issue with proposed or established agency practices.

Section 2052.242-71. This section details the procedures that the contractor and the NRC staff follow upon receipt of a contractor's differing professional views submittal.

Prior to incurring costs to document a differing professional view, the contractor shall determine if sufficient funds are available and request the NRC contracting officer for additional funding as necessary. The contractor shall submit each differing professional views statement in writing. The differing professional views statement should be brief, and summarize the NRC's view, describe the submitter's views and rationale, and include the consequences should the position not be adopted by the NRC. The prescription for this clause is at $2042.570-2. The procedures cited under this section allow the contractor a means to express disagreement with the NRC staff.

2. Reduction of Burden Throuch Information Technoloav l

There are no legal obstacles to reducing the burden associated with this information ecl!ection through the respondents' use of information technology. NRC encourages the use of information technology and electronic commerce wherever possible while asserting that sensitive information be protected from improper disclosure and the integrity of the competitive procurement process be maintained.

3. Effort to identify Duolication and Use of Similar Information There is no similar information available. The Information Requirerhents Control Automated System (IRCAS) was searched to identify duplication. None was found. The nature of the collections (proposal components and reports of current activity specific to the contract) do not lend themselves to duplication. For evaluation of proposals, information conveyed in the proposal needs to be evaluated to assess the offeror's ability to successfully accomplish the prospective contract.
4. Effort to Reduce Small Business Burden The information collection is structured to facilitate the effective and efficient evaluation of proposals, reporting and administration of contracts. The burden applied is minimal, c'onsistent with applicable regulations and prudent business practices. A review of certification requirements previously required by the NRC was performed in keeping with Section 4301 of the Federal Acquisition Reform Act (PL 104-106). As a result, the following actions were taken:

Section 2052.209-71 Current / Former Aaency Emolovee involvement. The NRC's requirement for this information is in accordance with statute (42 U.S.C. Sec. 2221, Sec.170A of the Atomic Energy Act of 1954, as amended). The burden of requiring a separate, higher, legal review by the contractor to certify the representation has been lessened by deletion of the certification requirement of the clause. The clause now only asks the contractor to check if there were or were not current /former NRC employees who have been or will be involved, directly or indirectly, 9

w.

-.. =

1 in developing the offer, or in negotiation on behalf of the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from the offer.

1 Section 2027.305 3 Patent Riahts under Govemment Contracts. Section 2027.305-3(b) previously required written certificatio,' regarding copyrights, royalty payments, etc. as a part of the closeout of a contract. The burh ' requiring a separate legal review by the contractor to certify the lack of patent activity hrc,,4en eliminated by deletion of the certification requirement I

in Section 2027.305-3 and this swon. This clause now requests the contractor to provide a

" written determination" regarding the information requested in items (1)-(4) of that paragraph i

(e.g., copyrights, royalty payments, etc.),

i

5. Conseauences of Less Frecuent Collection i

j Proposal submission and cattification are basically one-time collections associated with specific j

}

contract / solicitation situations or requirements. Less frequent reporting of technical progress O

and financial status removes an effective mechanism needed to monitor contract performance and initiate appropriate remedial action to protect the interests of the Govemment.

l i

6. Circumstances Which Justifv Variation from OMB Guidelines The following requirements are not consistent with OMB guidelines:

l e

Sections 2052.211-71 and 72 and Attemate require submittal of financial and technical reports on a monthly basis within 15 calendar days after the end of the reporting period.

This time frame accommodates the accounting systems of most commercial contractors l

and edue:tional and other non-profit institutions. The contractor's submittal of these reports more frequently than on a quarterly basis enables the project officer to analyze 1

the nevd for technical direction, cost control, and the timely initiation of remedial action.

l This 1.1 formation is vital to achieve good contract administration.

l e

Section 2052 214-72(e) requires bidders, on request, to provide statements concoming their ability to meet minimum standards set forth in FAR g.104. Response is needed in i

less than 30 days to allow timely award of contracts, o

Section 2052.215-70 requires contractors to immediately notify the contracting officer if any key personnel become unavailable for contract work. Subsequent to contracting officer approval, the contractor must replace such personnel with personnel of equal ability and qualifientions. This notification requirement serves as protection for the govemment from potential delays; or damage resulting from loss of key personnel.

e Section 2052.215-71M requires the contractor, within 5 days of receipt of any instruction or technical direction by a project officer, to notify the contracting officer in writing to modify the contract accordingly. This notificatic' serves to avoid delays and expenses associated with disputes that occur as a result of an unauthorized action.

10 a

7. Consultations Outside the NRC Opportunity to comment on the information collections has been published in the Endstal Realster.
8. Confidentiality ofInformation To the extent that certain information is proprietary or business confidential, procedures are in place to protect the information from improper disclosure.
9. Justification for Sensitive Questions No sensitive information normally considered private or personal is required or requested.
10. Estimated Annualized Cost to the Federal Govemment See Table 1 for breakout of estimated annualized costs. The estimated cost to the agency attributable to the NRCAR's collection requirements is $1,677,302. This cost represents a decrease of $609,178 from the estimated annualized costs of $2,286,480 approved by the Office of Management and Budget (OMB) in May 1996. This decrease in costs is attributable to streamlined proposal pr:paration instructiors for competitive acquisitions as well as for task order proposals, elimination of offeror certification requirements, and a decrease in the overall number of acquisitions processed by the agency due to budgetary considerations. The cost to the Govemment was derived from the experience of centracting officers, contract specialists, and program personnel expend in ensuring that offerors comply with the NRCAR instructions.

This cost is fully recovered through license fees to NRC licensees pursuant to 10 CFR Parts 170 and/or 171.

11. Estimate of Burden Table 2 provides a breakout of estimated costs to respondents to comply with NRCAR requirements. The estimated costs are based on submittals to NRC since March 1996. Cost to respondents is calculated at a rate of $121 per hour,'which is a fully burdened rate. The decrease in this burden estimate is described under " Reason for Chance in Burden (Table 2)'.
12. Estimate of Other Additional Costs None.
13. Reason for Chance in Burden (Table 2)

The burden for the estimated costs to respondents to comply with NRCAR requirements has

' decreased substantially from the burden submitted to the Office of Management and Budget (OMB)in May 1996. This burden decrease is shown as foJows:

11

h information OMB May 1996 Requested information Reason for Category Clearance Information Collection Reduction Extension Collection Burden Renewal Burden Reduction i

Estimated 11,311 3,624 (7,687)

See Note 1 Number of Annual Submittals Estimated 750 355 (395)

See Note 2 Number of Annual Respondents Estinisted total 120,449 hours0.0052 days <br />0.125 hours <br />7.423942e-4 weeks <br />1.708445e-4 months <br /> 26,710 hours0.00822 days <br />0.197 hours <br />0.00117 weeks <br />2.70155e-4 months <br /> (93,739 hours0.00855 days <br />0.205 hours <br />0.00122 weeks <br />2.811895e-4 months <br />)

See Note 3 number of hours (10.6 hrs per (7.4 hrs per (3.2 hrs per l

needed annually response) response) response) l to complete the

[

requirement or request.

Note 1 - Estimated Number of Annual Submittals: The number of active NRC contracts has l

decreased slightly since NRC's May 1996 extension renewal burden estimate to OMB. The May 1996 submittal estimated that the number of active contracts ranged from 300 to 400. The NRC now estimates this number to range from 300 to d50.

. Note 2 - Estimated Number of Annual Resoondents: When the NRC submitted its 1996 sxtension renewal burden estimate to OMB, the number of companies or individuals who i

proposed or bid for NRC contracts was based upon contracts valued at $50,000 and above.

Because the FAR was revised to increase the simplified acquisition threshold to $100,000, contracts awarded at the value of $50,000 to $99,999 are no longer tracked as they are now being awarded using simplified acquisition procedures stated under FAR Part 13. Currently, the NRC estimstes annual respondents of 355 companies or individuals. This annual respondent L

' estimate includes approximately 180 companies or individuals who may not receive contracts above $100,000 which are awarded competitively, but who must respond to all solicitation I

clauses. - Approximately 150 companies or individuals are respondents to current contract clauses (e.g., conflict of interest and progress reporting clauses), and approximately 25 y

companies or individuals are respondents to task ordering contracts.

Note 3 - Estimated total number of hours needed annually to comotete the reouirement or reauest: The NRC has streamlined many burdensome submittal requirements, among the most burdensome being competitive proposal submittal and task order proposal submittal requirements. These process oriented instructions, which once accounted for 93,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> of 1

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annual respondent bur' den have been replaced with guid:nce ts the contracting efficer to use oral pres:ntati:ns and a minimum number of cvaluati n crit:ria during the s:urce s:lecti:n process. As a r:sult cf these streamlining m:ssures, the average number of respons:s f r l

each of the 355 respondents ha's decreased from an average of 15.1 to an average of 10.2 l

responses. The burden per response has also decreased by 3.2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> from 10.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> per l

response to a reduced 7.4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per response. The burden per respondent has decreased from 160.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> to 75.2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />.

l

14. Publication for Statistical Use i

This collection of information does not employ statistical methods.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Not applicable.

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13

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"* TABd! 1 - ESTIMATE OF COST TO THE FEDERAL OOVERNMENT Secuen Annual Gewomment Cost Govemment O 8121 per Hour sees Heure 200s.670 3 @)(1) & (2)

Cost to the Federal Gowemment hduded under 2062.200 71 2000.670 3(c)

Cost to the Federal Gowemment included under 2062.206 72(d)2. (d)(3) & (f) 2000.670 6@)

6

$606 200s.6708 10 81210 2014.201 470 @)

Cost to the Federal Gowemmerd included under 2062.214 71 2027.306 3(a) and p) 1000 8103,000 2042.6701(d)

Cast to the Federal Gowemment included under 2062.242 70 and 2062J42-71 2042.803(a)(2)(I) 100

$19,300 2042.003$)

32 83,872

~ 2046.371@)

Cost to the Federal Gowemment induded under 2002.21172 and 2062.21172 Allemale 1 2062.204-70 @)

4 8444 2062.204 70 s 200 830,200 2062.204-70@)

260 830,260 2062.204 71 200 824.200 2062.200 70 60 H,000 2062.200 71(a) 60 80,000 2062.20672(c)(1) and (d)(2) 20 82,420 2062.209 72(d)(3) 26 83,026 2062.206 72(f) 100 812,100 2062 211 70 160 818,160 2002 211 71 300 836,300 2062.211 72 260 830.260 2062.21172 Allemate 1 Cost to the Federal Govemment included under 2062.21172 2062.214 71 776 803.776 2062.214 72(e) 26 83,026 2062214 74 and 216 74 6

8006 2062.216 70@)

3 8363 2062.216 70(c) 17 82,067 2062.216 71(f) 60 M.060 2062.216 76. Altametes 1 and 2 0000 8966,000 2062.216 77(e) and (d) 6 8726 2062.216 78(b) and (d) 6 8726 2062216 72 400 848,400 2062.227 70 60 86,060 2062236 70(c) 1000 8121,000 2062.236 71 4C 84,840 2062.242 70 2

8242 2062J42 71 32 83,872 REVISED TOTAL 13,862 81,677,302 TOTAL: 14AY '96 EXT, RENEWAL.

19,000

$2.206,400 BURDEN REDUCTION FOR (6,190)

(8600,178) 46 CPR 20

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. TABW 2 - ESTIMATE OF COMPLIANCE REPORTING REQUIREMENTS SecIlon No. of Sutwnlitels Sutwnktets Respondent Mrs Total Annual CostG 4

ReapendemIs Of Reports Annually Per Sutwnistal Respondent Bunien Respondents to Comply 2000J70 4)(1) &(2)

Sunion induded under 2062.200 71 1

2000.670-3(c)

Sunion inceded under 2062.200-72(d)(2), (d)(3) & (f) 2000.674 6 @)

2 1

2 2

4 8444 l

2000.6743.

Bunion induded under 2062.214-71 8

1 6

6 26 83,026 4

2014201 470 @)

2027.306 3(a) and @)

a0 1

40 8

e40 877,440 4

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2N2.6701 Sunion included under 2062.242-70 and 2062.242-71 d

2042.803(e)(2)(1) 8 1

8 10 to 89,640 j

2N2.003@)

8 1

8 2

it

$1.936 1

2MS.271$)

Sunion included under 2062.21172 and 2062.21172 Anomale 1 1

2062.204 70$)

1 1

1 3

3 8363 l

2062J04-700) 26 1

26

-2 60 86,060 400 860,600 2362.204 70@)

06 1

26 20 l

2002J04-71 20 1

20 100 2,000 8242.000 j

2062.200 70 200 1

200 1

200 124,200 1

2062.200 71(e) 200 1

200 0.25 60 86,060 I

2062.206 72(c)(1) and (d)(2) 10 1

10 4

to 87,200 2062.200-72(d)(3) 26 1

26 1

26 83,026 l

206t.209 72(f) 100 1

100 0.26 26 83,026 KC1170 160 4

000 0.6 300 836.300 142.21171 ISO 4

000 4

2,400

$200,400 1

20!'2.211 72.

100 12 1200 3

3,000 8436,000 l

2062.21172 Altomets 1 Sunion included under 2062.21172 2062.214 71 60 1

80 0.6 26 83,026 i;

2062.214 72(e) 6 1

6 1

6 8606 l

2062<314 74 and 216 74 6

1 6

0.26 1

8151 4

2062.216 70 @)

3 1

3 6

16 81,6:6 f.

2%2.216 70(c) 7 1

7 6

36 2062.216 71(f) 10 1

10 4

40 84,840 4

1 2062.216 76, Allemstes 1 and 2 200 1

200 44 1k,800 81,648,800 20',6.216-77(e)

Burden to be deseed separately for NRC Form 446

}

2062.215 77(4) 1 1

1 1,6 2

8182 i

2052.216 78 @)

Burden to lie cise red esperately for NRC Form 446 0

80 I

l 2062.216 7P's) 1 1

1 1.6 2

8182 2062.21tf i't 26 8

160 24 3,000 8436,000 2062.227 10 26 1

26 6

126 816.126 i

2062.230-70(c) 60 1

60 0.6 26 83,026 j

2062.234 71 4

1 4

10 40 H.440 j

2062.242 70 2

1 2

1 2

8242 j

2062.242-71 2

1 2

8 16 81.936 MEVISE5707AL 366 64 3,824 116,710

$3,227,708 M37AL: MAY 96 EX7. RENEWAL 700 67 11,311 120A40 814,463,000

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t')RDEN REC"JC7 ION FOR (306)

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(7.887)

(93,738)

(811.236,176) 4 CFR 20

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U. S. NUCLEAR REGULATORY COMMISSION

)'

Documents Containing Reporting or Recordkeeping Requirements: Office of Management and 1

Budget (OMB) Review

+

-AGENCY:

U. S. Nuclear Regulatory Commission (NRC) j ACTION:

Notice of the OMB review of information collection and solicitation of'public comment.

SUMMARY

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Papervesrk Reduction Act of 1995 (44 U.S.C. Chapter 35).

1.

Type of submission: Revision 2.

The title of the information collection: 48 CFR 20, U.S. Nuclear Regulatory Commission Acquisition Regulation (NRCAR) 3.

The form number if applicable: Not applicable 4.

How often the collection is required: On occasion; one time l

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5.

Who will be required or csked to riport: Offarors rispending to NRC solicitations and contractors receiving awards from NRC 6.

An estimate of the number of respenses: 3,624 7.

The estimated number of annual respondents: 355 8.

An estimate of the total number of hours needed annually to complete the requirement or request: 26,710 hours0.00822 days <br />0.197 hours <br />0.00117 weeks <br />2.70155e-4 months <br /> (7.4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per response) 9.

An indication of whether Section 3507(d), Pub. L.104-13 applies: Applicable 10.

Abstract: The mandatory requirements of the NRCAR implement and supplement the govemment-wide Federal Acquisition Regulation, and ensure that the reguistions goveming the procurement of goods and services within the NRC satisfy the needs of the agency.

Submit, by (insert 30 days after publication in the Federal ReaisteI), comments that address the following questions:

1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility?
2. Is the burden estimate accurate?

2

1

3. Is thera a w;y t3 cnh nce the qu:lity, utility, cnd clirity of the inform tion to be collected?
4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?

l A copy of the supporting statement may be viewed free of charge at the NRC Public Document Room, 2120 L Street, NW (lower level), Washington, DC. The proposed rule indicated in (insert the *itle of the information coliection) is or has been published in the Federal Reaister within several days of the publication date of this Federal Reaister Notice. Instructions for accessing the electronic OMB clearance package of the rulemaking have been appended to the electronic

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rulemaking. Members of the public may access the electronic OMB c'earance package by following the directions for electronic access provided in the preamble to the titled rulemaking.

Comments and questions should be directed to the OMB reviewer by (insert date 30 days after publication in the N,deral Reaister):

Erik Godwin Office of Information and Regulatory Affairs (3150-0169 )

NEOB-10202 Office of Management and Budget

)

Washington DC 20503

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e 3

~_...

3' Comments can a so be submitted by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda Jo. Shelton,301-415-72' 3.

3 Dated at Rockville, Maryland, this /XJ-day of i s.1998.

For the Nuclear Regulatory Commission.

13 B'renda Jo ejpfnMarance Officer

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Office of the nformation Officer I

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