ML20199L907

Informs That NRC Has Sent Enclosed Proposed Revs to Nrcar to Fr for Publication Seeking Public Comment.Final Regulation Revs,If Adopted,Will Be Published in 48CFR20 in FY99

ML20199L907
Person / Time
Issue date:	12/02/1998
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Inhofe J, Schaefer D HOUSE OF REP., ENERGY & COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS
References
NUDOCS 9901280193
Download: ML20199L907 (156)

Text

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% UNITED STATES

-g P; - NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. soseH001

,, December 2, 1998 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent the enclosed proposed revisions to the Nuclear Regulatory Commission Acquisition Regulation (NRCAR) to the Office of the Federal Register for publication seeking public comment. The final regulation revisions, if adopted, will be published in 48 Code of Federal Regulations Chapter 20 in Fiscal Year 1999. The NRCAR establishes provisions unique to the NRC.conceming the acquisition of goods and services.

The acquisition regulations covered in the NRCAR are being amended to meet the requirements of Public Law 103-355, The Federal Acquisition Streamlining Act (FASA), Public Law 104-106, The Federal Acquisition Reform Act (FARA), and the information Technology Management Reform Act (ITMRA) which modify and streamline Federal Acquisition Regulations contained in 48 Code of Federal Regulation Chapter 1.

The Commission is issuing the proposed rule for public comment and has specifically requested comments with respect to the scope, level of specificity, and methods of implementation of the rule.

Sincerely, Dennis K. Ra bur $, ire r Office of Congressional Affairs

Enclosure:

As stated

' cc: Senator Bob Graham f

/ l 9,otasot,a ,etaos PDR ORG NRCCO PDR -

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g g 'c.1 CONGRESSIONAL CORRESPONDENCE SYSTEM DOCUMENT PREPARATION CHECKLIST This check list is to be submitted with each document (or group of Os/As) sent for -

processing into the CCS.

1. BRIEF DESCRIPTION OF DOCUMENT (S) /7 < ) -

2. TYPE OF DOCUMENT X CORRESPONDENCE HEARINGS (Os/As)

3. DOCUMENT CONTROL SENSITIVE (NRC ONLY) X NON-SENSITIVE

4. CONGRESSIONAL COMMITTEE AND SUBCOMMITTEE (if applicable)

Congressional Committee Subcommittee

5. SUBJECT CODES (A)

(B)

(C)

6. SOURCE OF DOCUMENTS (A) 5520 (DOCUMENT NAME )

(B) SCAN (C) ATTACHMENTS (D) OTHER

- 7. SYS EM LOG DATES (A)/ N f[ DATA OCA SENT DOCUMENT TO CCS (B) DATE CCS RECEIVED DOCUMENT (C) DATE RETURNED TO OCA FOR ADDITIONAL INFORMATION (D)- DATE RESUBMITTED BY OCA TO CCS (E) DATE ENTERED INTO CCS BY (F) DATE OCA NOTIFIED THAT DOCUMENT IS IN CCS COMMENTS:

2000N

. RELEASE TO PDR 11N398 - P;\DISRTLIS.DMS

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UNITED STATES L  ::!# - 4]'

NUCLEAR REGULATORY COMMISSION -

WASHINGTON, D.C. 2000H001

%e..,+. December 2, 1998 l

The Honorable Dan Schaefer, Chairman j Subcommittee on Energy and Power Committee on Commerce i United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sont the enclosed proposed revisions to the Nuclear Regulatory Commission' Acquisition Regulation (NRCAR) to the Office of the Federal Register for publication seeldng public comment. The final regulation revisions, if adopted, will

be published in 48 Code of Federal Regulations Chapter 20 in Fiscal Year 1999. The NRCAR i establishes provisions unique to the NRC concoming the acquisition of goods and services. The L acquisition regulations covered in the NRCAR are being amended to meet the requirements of Public Law 103-355, The Federal Acquisition Streamlining Act (FASA), Public Law 104-106, The Federal Acquisition Reform Act (FARA), and the Information Technology Management Reform

. Act (ITMRA) which modify and streamline Federal Acquisition Regulations contained in 48 Code

^ of Federal Regulation Chapter 1.

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The Commission is issuing the proposed rule for public comment and has specifically requested

(; comments with respect to the scope, level of specificsty, and methods of implementation of the lz rule.

L Sincerely, fV Dennis K. Rathbun, Director h '

L Office of Congressional Affairs

Enclosure:

As stated l . .

oc: Rep. Ralph Hall C-i-

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- NOCLEAR REGULATORY COMMISSION i 48 CFR Chapter 20 -

RIN 3150- AF52 i

Acquisition Regulation (NRCAR)

AGENCY: Nuclear Regulatory Commission.

~ ACTION: Proposed rule.

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SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its j t

regulations goveming the procurement of goods and services. The proposed rule is ' intended to

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' 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 L Federal Acquisiton Regulation (FAR) requirements. -- This proposed rule woule eliminate l obsolete coverage and make necessary technical and conforming amendments to the NRCAR. l 1

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The NRCAR applies to all contracts includmg simplified acquisitons where specahed and to l modificellons that require a justification for other than full and open compatibon.

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DATES: Comments on the proposed rule must be received on or beforo (75 days after x  %. , . . ,

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. publication in the Federal Registed. Comments received af ter this date will be considered if it is

. practical to do so, but assurance of consideration cannot be given except as to comments rece'ived~on or before this date.

ADDRESSES:  : Submit written comments to:- The Secretary of the Commission:

U.S. Nuclear Regulatory Commission; Attention: Rulemakings and Adjudications Staff; Washington, D.C. 20555. Copies of comments received may be examined or obtained for a fee

at the NRC Public Document Room,2120 L Street, NW, Lower Level, Washington, D.C.

(telephone (202) 634-3273). You may also provide comments via the NRC's interactive

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I rulemaking website through the NRC home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format), if your web browser supports that function.

For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5906; e-maii CAG @ nrc. gov.

FOR FURTHER INFORMATION CONTACT: Timothy F. Hagan, Director, Division of

' o= Contracts and Property Management, Office of Administration, Nuclear Regulatory w '

- Commission, Washington, D.C. 20555. Telephone: (301) 415-7305.

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Summary of Changes L 1. Part 2002- Definitions - This Part would be amended to add language designating Task and Delivery Order Ombudsman in accordance with FASA requirements.

2. Part 2003 - Improper business practices and personal conflicts of interest - This Part I

would be amended to cite the Office of Govemment Ethics (OGE) regulations covering standards of conduct for Federal employees rather than the NRC's regulation in this area. The OGE regulations were published at 61 FR 66830-66851 (December 18,1996) and took effect l on January 17,1997. The OGE regulations supersede theNRC standards of conduct regulations which were previously found in 10 CFR Part O. Standards of conduct and requirements for financial disclosure are now published in S CFR Parts 2635,5801 and 2634 respectwely.10 CFR Part 0 has been eliminated.

3. Part 2009 Contractor Qualifications - This Part would be amended at $2009.1

""::;-x24 prospectwo contractors". The language under $2009.100 would be simplified to enhance understanding of the NRC's pol _ icy covering award of contracts to former NRC employees and award of contracts to firms which employ former NRC employees. The l language would also clarify which procurement actions are considered noncompetitive for the purposes of this pohey.

a. The NRC requires information provided under $2052.209-70 ' current /Former 4

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e SUPPLEMENTARY INFORMATION:

Background

The U.S. Nuclear Regulatory Commission Acquisition Regulations (NRCAR) in 48 CFR Chapter 20 implement and supplement the govemment-wide Federa! Acquisition

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Regulation (FAR) and ensure that the policies goveming the procurement of goods and services within the NRC satisfy the needs of the agency. The NRCAR includes policies, 1

j procedures, solicitation provisions, and contract clauses needed to ensure effective and l

- efficient evaluation, negotiatson, and administration of procurements.  ;

1 The NRCAR must now be updated to meet the requirements of Public Law 103-355 (the Federal Acquisition Streamlining Act - FASA) and Public Law 104-106 (the Federal Acquieltion Reform Act (FARA), and the information Technology Management Reform. Act i

(ITMRA.)) Both public laws modify and streamline FAR requirements. . In the process of l i l updating the'NRCAR to comply with FAR acquisition streamlin'ng -

requirements, the NRC i

- intends to eliminate obsolete coverage and make necessary technical and conforming amendments to its policies, procedures, solicitation provisions, and contract clauses. The NRC 1

e'x pects that any new reporting burden that would be incurred as a result of these changes would be offset by elimination of other reporting requirement burdens specific to this agoney -

1 (e.g., pre-award proposal preparation requirements). j

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Agency Employee involvement" to ensure that cco'tr' n' nierests are avoided and faimess is maintained dunnq thn selecter crocess Section 2052 209-71 " Contractor Organizational Confhets of Interest (representation)' is required by statute M2 U.S.C.

Sec. 2221. Sec.170A of the Atomic Energy Act of 1954. as amended). The Certification requirement of both sections which required a high level review within a contractor's organization would be downgraded to a Representation requirement. This j action is intended to lessen a contractor's reporting burden pursuant to Section 4301 of !

l PL 109-106 (FARA).

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4. Part 2009.5 - Organizational Conflicts of Interest - This Part would be amended to bring the definition of " Subcontractor" found in Q2009.570-2 into conformance with Section 170A of the Atomic Energy Act.

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5. Part 2010 - Specifications, Standards, and Other Purchase Descriptions - This Part, as well  ;

as g2010.004 - Brand name products or equal, would be deleted in their entirety. FAR Part 10 is now devoted to Market Research. Guidance on the use of brand name products is now found under FAR Part 11. FAR Subpart 11.104 describes brand name product as "ltems peculiar to one manufacturer." The FAR now allows some flexibility in acquiring brand name products which is not evident in the current NRCAR prescription and clause (Q2052.210-70).

Some restriction on ordering brand name products is evident in FAR 6.3021 which requires a sole source justification for such purchases. Also, the basis for not providing for maximum practicable competition must now be documented in the file when the acquisition is awarded using simplified acquisition procedures.

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6. Part 2015 - Contracting By Negotiation This Part would be amended in keeping with l

l changes made under the NRC's Procurement Reinvention Labo,ratory. Sections 2015.209- 1 l 70(b) and 62052.215-75 encourage the contracting officer to ask Offerors to submit technical I

and management proposals either by an oral presentation or by a written document. Section 2015.209-70(b) further clarifies that proposal preparation instructions be tailored to assure that all sections of the instructions reflect a one-to-one relationship to the evaluation criteria.

Secton 2015.304 would allow the contracting officer flexibility in selection evaluation j procedures / criteria (e.g., weighted criteria or evaluations based upon non-weighted narrative evaluations) which are appropriate to the type of solicitation and requirement. Section 2015.304 would also encourage the contracting officer to use a minimum number of evaluation i

factors by referencing FAR 15.304(b). This section of the FAR emphasizes that evaluation l

factors and significant subfactors must represent key areas of importance and emphasis to be l

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considered in the source selection decision.

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7. Part 2016 - Types of Contracts - This Part would be amended to allow the CO the flexibility to negotiate ceiling rates for indirect costs and to streamline the task order technical proposal language.

8. Part 2032 - Contract Financing - 62032.4 - This Part would be amended to bring its language in line with FAR Part 32.4 which covers advance payments for non-commercial items.

9. Part 2025 - Foreign Acquisition - This Part would be deleted in its entirety due to a regulatory change in FAR Part 2025. The NRCAR previously required the chiii.,i; .g offoor to approve a 6

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l Management and Budget, has estab0sM1"'~' F : to be ased by all Federal agenc'es n *"e l

promulgation of crocurement regulations. OFPP P cv Letter 83-4 states :nat an agency must provide an opportunity for pubhc comment before adopting procurement regulation if the regulation is "significant." "Significant"is defined generally as something which has an effect l

beyond the internal operating procedures of the agency or has a cost or administrative impact l

on contractors; The NRC has determined that this rule is not significant within the meaning of OFPP Policy Letter No.' 83-2. This regulation is issued principally to combine previously cleared procedures into one document, to exercise delegations established by the FAR, and to adopt other orocedures that will not have a cost or administrative impact on contractors. ,

While not required to do so under the terms of the OFPP Policy Letter 83-2, the NRC is issuing the revised NRC Acquisition Regulation (NRCAR) as a proposed rule. The NRC is

~ ac epting comments on this regulation for 75 days after the date of publication. The NRC will review all comments and will consider changes to the rule, as proposed, as a result of comments received.

Environmental Impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described in.

the categorical exclusion set forth in 10 CFR 51.22(c)(5). Therefore, neither an environmental impact statement nor an environmental assessment is required for this prope".3d rule.

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written determination not to acquire US-croduced so des for oucuc use. Se Head of the Contracting Activity (HCA) was reauaec L awovea iucn a desm:naton for acauisitions which exeeded $1 mtibon. FAR @25.102 has s:nce been revised to give the contracting officer I some flexibility in making the nonavailabihty of US-produced supplies determination. FAR i

25.102 has done this by eliminating the requirement and dollar threshold for HCA approval of l

'the contracting officer's determination, and stating that the HCA may (vice "must" under previous FAR language) make a nonavailability determination for any circumstance other than )

i what was considered by the contracting officer. Due to this regulatory change, NRCAR ]

coverage of foreign acquisitions is no longer needed.

10. Part 2033 Protests, Disputes and Appeals This Part would be amended to clanfy agency procedures for responding to agency protests and for handkng disputes and appeals pursuant to the Contracts Dispute Act. Tnis Part would be amended to update the address for the U.S.

Department of Energy Board of Contract Appeals.

11. Part 2035 Research and Development Contracting - This Part would be amended to give the contracting officer flexibility to choose the evaluation criteria which will be used to select contractors under Broad Agency Announcements.

Administrative Procedure Act Section 553 of the Administrative Procedure Act (5 U.S.C. 551 et seq.) exempts rules relating to public contracts from the prior notice and comment procedure normally required for informal rulemaking. However, the Office of Federal Procurement Policy (OFPP), Office of 7

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' Paperwork Reduction Abt Statement l

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' This proposed rule amends information collection requirements that are subject to the  !

Paperwcirk Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule has been submitted to

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- the Office of Management and Budget for review and approval of the paperwork requirements. i

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l Because the proposed rule will reduce existing information collection requirements, the pubhc burden for this information collection is expected to be decreased by 3.2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> per potential contractor. This reduction includes the time required for reviewing instructions,

+ searching existing data sources,' gathering and maintaining the data'needed and completing and reviewing the information collection. The U.S. Nucle'ar Regulatory Commission is seeking

> public comment on the potentialimpact of the information collections contained in the proposed ,

rule and on the f'ollowing issues:'

1. . Is the proposed information collection necessary for the proper performance of .

the functions of the NRC, including whether the information will have practical :

utility?

2. - Is the estimate of burden accurate?

. 3.- is there a way to enhance the quality, utility, and clarity of the information to be J collected?

4. - How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information techrology?

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Send comments on any aspe;: / tNs cr'spW J Marmat e- diect:en. .nc!uding

. suggestions for further reducing the burden to tu Records Management Branch (T6 F-33).

U.S. Nuclear Regulatory Commission. Washington. OC 20555-0001, or by internet electronic mail at BJS1 @NRC. GOV; and to the Desk Officer, Office of Information and Regulatory A.ff airs, NEOB-10202, (31'50-0169), Office of Management and Budget, Washington, D.C. 20503.

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Comments to OMB on the information collections or on the above issues should be submitted by (insert date 30 days after publication in the Federal Reaister). Comments v, received after this date will be considered if it is practical to do so, but assurance of - ]

L l consideration cannot be given to comments received after this date. l

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I Pubhc Protection Notification i

I; if an information collection does not display a currently valid OMB control number, the 1

NRC may not conduct or sponsor, and a person is not required.to respond to, the information collection.-

Regulatory Analysis l This proposed rule would amend the procedures and requirements necessary to implement and supplement the FAR. The proposed rule presents amendments to the .

_ regulations necessary to ensure that the regulations governing the procurement of goods and services within the NRC satisfies the particular needs and requirements of the NRC. This proposed rule constitutes an administrative action goveming the procurement activities of the NRC. These provisions would not have an adverse economic impact on any contractor or 10

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potential contractor because they merely supplemen::ne requirements applicable to the acquisition of goods and sennces by the agency. B c dearly and exobcitly implementing the FAR and presenting those additional provisions necessary to reflect the needs of the NRC, the

. proposed rule weald allow a contractor or potential contractor to understand more clearly the regulations to be used in soliciting, evaluating and awarding contracts for the provision of goods and services. This constitutes the regulatory analysis for this proposed rule.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980,5 U.S.C. 605(b), the Commission certifies that this proposed rule, if adopted, will not have a significant economic impact on a substantial number of small entities. The proposed rule would amend the procedures and requirements necessary to imp;ement and supplement the FAR which govern the acquisition of goods and services by the NRC. To the extent that the proposed rule affects a small entity,it sets out provisions applicable to small business, disadvantaged business, and women-owned business concerns.

Backfit Analysis The NRC has determined that a backfit analysis is not required for this proposed rule because it does not involve any provision which would impose backfits as defined in 10 CFR 50.109(a)(1).

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.i List of Su:))ects Parts 2001,2002,2003,2004. and 2005 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations. l Part 2009 - Government procurement, Nuclear Regulatory Commission Acquisition j Regulations, Reporting and record keeping requirements.

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Parts 2011 and 2013 - Government procurement, Nuclear Regulatory Commission -

Acquisition Regulations.

Parts 2014 and 2015 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations, Reporting and record keeping requirements.

l Parts 2016 and 2017 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations.

Part 2019 '- Government procurement, Nuclear Regulatory Commission Acquisition Regulations, Reporting and record keeping requirements.

Parts 2022 and 2024 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations. ,

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Part 2027 - Government procurement. Nuclear Regulatory Commission Acquisition  !

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- Regulations, Reporting and record kecoing requ rements j

Parts 2030,2031,2032,2033, and 2035 - Government procurement Nuclear Regulatory Commission Acquicition Regulations, I

Part 2042 -' Government procurement, Nuclear Regulatory Comrnission Acquisition >

Regulations, Reporting and record keeping requirements.

Part 2045 - Government procurement, Nuclear Regulatory Commission Acquisition 1

'i Regulations Reporting and record keeping requirements.

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' Part 2052 - Govemment procurement, Nuclea' Regulatory Commission Acquisition  ;

Regulations, Reporting and record ke,eping requirements.

For the reasons set out in the preamble and under the authority of the Atomic Energy  ;

i Act of 1954,'as amended, the Energy Reorganization Act of 1974, as amended,5 U.S.C. 553, I i

and FAR Subpart 1.3, the NRC is proposing to revise ' Chapter 20 to Title 48 of the Code of Federal Regulations in its entirety i l

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1. 48 CFR Chapter 20 is revised to read as follows:.

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CHAPTER 20 - NUCLEAR PEGULATORY COMMISSION

-SUBCHAPTER A'- GENERAL Part 2001 - NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION SYSTEM Subpart 2001.1 - Purpose, Authority, Issuance

M 2001.101 Purpose.

2001.102 Authority.

2001.103 Applicability.

2001.104 issuance.

2001.104-1 Publication and code arrangement.

2001.104 2 Arrangement of the regulations 2001.104-3 Copies.

2001.105 Information collection requirements: OMB approval.

l Subpart 2001.3 - Agency Acquisition Regulations I

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2001.301 Policy. j 2001.303 Public participation.

Subpart 2001.4 - Deviations from the FAR and the NRCAR l i

Sec. 2001.402 Policy.

Individual deviations. l 2001.403 2001.404 Class deviations.

Subpart 2001.6 - Contracting Authority and Responsibilities h

2001.600-70 Scope of subpast.

2001.601 General.

2001.602-3 Ratification of anauthorized commitments.

" . 2001.603 htian, appdatment, and terminmion of appointment.

~ AUTHORITY: Sec.161,68 litat. 948, as amended (42 U.S.C. 2201); Sec. 201,88 Stat.

1242, as amended (42 U.S.C. 5841; 41 U.S.C. 418(b))

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l i L Subpart 2001.1 - Purpose. Authority. Issuance  !

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12001.101 Purpose.

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This subpart e' stablishes Chapter 20 the Nuclear Regulatory Commission Acquisition Regulation (NRCAR), and provides f'or the codification and publication of uniform policies and

, procedures for acquisitions by the NRC. The NRCAR is not, by itself, a complete document.' It must l

be used in conjunction with the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1).

l (2001.!92 Authority.

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The NRCAR and the amendments to it are issued by the Senior Procurement Executive under 1

a delegation from the Executive Director for Operations dated May 16,' 1997, in accordance with the authority of the Atomic Energy Act of 1954, as amended (42. U.S.C.161), the Energy Reorganization

.i L Act of 1974 (42 U.S.C. 5841, 5872),' the Federal Property and Administrative Services Act of 1949 .

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('40 U.S.C. 486(c)), as amended. FAR Subpart 1.3, and other applicable law.

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l 52001.103 Applicability..

The FAR and NRCAR apply to all NRC acquisitions of supplies and services which obligate

_ appropriated funds, except as ucmpted by Sections 31 and 161 of the Atomic Energy Act of 1954 as amended,~ and Section 205 of the Energy Reorganization Act of 1974 as nW. For procurements _

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L ' made from -- _ -,- i funds, the Director, Division of Contracts and Property M-- ;==t, i.

L .shall daermine the rules and procedures that apply.

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-52001.104' Issuance. . l h

. 52001.1041-- Publication and code arrangement.

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- .I (a). L The NRCAR and its subsequent changes are:

(1): Published in the daily issue of the Federal Register; and J

Codified in the Code of Federal Regulations (CFR). I (2) . ' I J

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.(b) The NRCAR is issued as 48 CFR Chapter 20. i 4

62001.104-2. Arrangement of the regulations.

. (a)' General . Chapter 20 is divided into parts, subparts, sections, .

subsections, paragraphs', and further subdivisions as necessary, i

- Numbering. The numbering system and part, subpart and section titles used in this .

(b)'

1 Chapter 20' confonn with those used in the FAR as follows:

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-(1) Where Chapter 20 implements the FAR or supplements a parallel part, subpart, section, subsection, or paragraph of the FAR, that implementation or supplementa numbered and captioned to the FAR part, subpart, section, or subsection bemg '= ' ==^-- or supplemented, except that the implementation or supplementation is preceded with a 20 o

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there will alsays be four numbers to the left of the decim.d; For cump!c. NRCN implementation at FAR I.104-1 is shown as (2001 104-1 'and ihe NRCN r ':ilementauon of FAR 24J is shown as

.Q2024.1

(2) . When NRC supplements material contained in the FAR, it is given a unique number containmg the numerai> "70" or higher. The rest of the number parallels the FAR part, subpart, section, subsection, or paragraph it is supplementing. For example, Section 170A'of the Atomic Energy Act of 1954, as amended, requires a more comprehensive organizational conflict of interest review for NRC than is contemplated by FAR 9.5. This supplementary material is identified as 62009.570.

(3) Where material in the FAR requires no implementation or supplementation, there is no corresponding numbermg in the NRCAR. Therefore, there may be gaps in the NRCAR sequence of numbers where the FAR requires no further implementation.

(c) ' fith. The NRCAR will be cited in accordance with Federal Register Standards approved for the FAR. Thus, this section when referred to in the NRCAR is cited as f2001.104-2(c).

When this section is referred to formally in official documents, such as legal briefs, it should be cited

' as "48 CFR 2001.104-2(c)." Any section of the NRCAR may be formally identified by the section number, e.g., "NRCAR 2001.104-2." In the NRCAR, any reference to the FAR will be indicated by "FAR" followed by the section number, for example FAR l-104.

52001.10 43 Copies.

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, I Copies of the NRC AR in Federal Regiver .md CI R form may be purchased from the Superintendent of Documents. Gm.erunient Printmg Oti.... Washmgton. DC Mo2.

s2001.105 Information collection requirements: 0.\lB appro5al.

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. .(a) The Nuclear Regulatory Commission has submitted the information collection l requirements contained in this part to the Ofhice of Management and Budget (OMB) for approval I

. required by the Paperwork Reduction Act (44 0.S.C. 3501 et seq.). Tlie NRC may not em<luct or sponsor, and a person is not required to respond to, a collection ofinformation unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0169.

i Ib) The information collection requirements contained in this part appear in ss2009.570-3, 2009.570-5, 2009.576-8, 2014.201-670', 2027.305-3, 2042.570-1, 2042.803, 2045.371, 2052.204-70, 2052.204 71, 2052.209-70, 2052.209-71, 2052.209-72, 2052.211-70, 2052.211-71, 2052.211-72,

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1 2052.211-72 Alternate' 1, 2052.214-71, 2052.214-72, 2052.214 74, 2052.215 70, 2052.215-71, l l

2052.215-74, 2052.215-75, 2052.215-75 Alternate 1,2052.215-75 Alternate 2,2052.215-78, 1

2052.216-72, 20'52.227-70, 2052.235-70, 2052.235-71, 2052.242-70, and 2052.242-71.

i 1(c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection

- requirements and control numbers under which they are approved are as follows:

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, - i, t'll in (2052.215-7haiand s2052.215 ~uiu SRC I-orm 445 is apprmed un&.

l control number 31N s'to Nr i 4:ened

(2) [Reservedj '

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Subpart 2001.3 - Agency Acquisition Regulations i

j 52001.301 Policy.-

Policy, procedures and guidance of an internal nature will be promulgated through internal NRC issuances such as Management Directives or Division of Contracts and Property Management Instructions.

52001.303 Public participation.

l FAR' t.301 and Section 22 of the Office of Federal Procurement Policy Act, as amende.1(41 i U.S.C. 418b) require rulemaking for substantive acquisition rules, but allow discretion in the matter I for other than significant issues meeting the stated criteria. Accordingly, the NRCAR has been promulgated and may be revised from time to time in accordance with FAR 1.301. This procedure for l

significant subject matter generally involves issuing a notice of proposed rulemaking, inviting public comment, review and analysis of comments received, and publication of a final rule. The final rule includes a discussion of the public comments received and describes any changes made as a result of l l

the comments.  !

1 19 l I

J

_ _ - . .i

3 L- y-  :

2. . . ' .

y [ ' i.

r

.a Subpart 20014- Deviations from the FAR and the NRCAR

)

-i I '

i 52001.402; Policy. g a

i

? - (a) Deviations from the provisions of the FAR or NRCAR may be granted as specified in this

-  :: subpart when necessary to meet the specific needs of the requesting office. The development and j i

testag of new techniques and methods of acquisition should not be discouraged simply because such-

-- action would require a FAR or NRCAR deviation; ,

J

)

j i

Vt (b) . Requests for authority to deviate from the provisions of the FAR or the NRCAR must 4 . .

be signed by the requesting office and submitted to the Director Division of Contracts and Property i Management, in writing as far in advance as possible. Each request for deviation must contain the following: . ._

I (1); A statement of the deviation desired, including identificanon of the specific.

i

- paragraph number (s) of the FAR 'or NRCAR from which a deviation is requested; :

1 (2)' De reason why the deviation is considered necessary or would be in the best ]

p interest of the Government; r , a (3) If applicable, the name of the contractor and identification of the contract .l affected; f

(4) A descripuon of the intended effect of the deviation;

• ~';;- ' p

o. .

y p s

i e

45 0  % ta:akm of 'he penM lme.?M sh:c ' ; destation is needed. and i

i tm My perunent background mtornution which will contnbute to) full

• g-l L understanding of tSe desired deviation.

t

% 001.403 Individual deviations.

l 1

i 1

in individual cases, deviations from either the FAR or the NRCAR will be authorized oc.!y j i

when essential to effect only one' contracting action or where special circumstances make the deviations clearly in the best interest of the Government. Individual deviations must be authorized in advance by the Director. Division of Contracts and Property Management. l J

i 1

$2001.404' Class desiations.  ;

Class deviations affect more than one contracting action. Where deviations from the FAR or. j

' NRCAR are considered necessary for classes of contracts, requests for authority to deviate must be

. submi tted in writing to the Director. Division of Contracts and Property Management, who will ,

consider the submission jointly with the Chairperson of the Civilian Agency Acquisition Council, as i

. appropriate.

Subpart 2001.6 - Contracting Authority and Responsibilities 1

$2001.600-70 Scope of subpart.

i 21

1This subpart deals with the pLwement ot .:ontra mg authord:. and responubihty wnhm ue ageney. the selseuon and dMetw"

• 4"'e e" ' a";  % Mhi '? . nahorits of 6mtr.tetme otticers.

~

. 52001.601-. General.

s. ,

(a) . Contracting authority vests in the Chairman. The Chairman has delegated this authority to the Executive Director for Operations (EDO). The EDO has delegated this authority to l

- the Deputy Executive Director for Management Services (DEDM). The DEDM has delegated this -

. authority to the Director, Office of Administration (ADM). The Director, ADM, has delegated the i

authority to the Director, Division of Contracts and Property Management, who, in turn, makes contracting officer appointments within the ileadquarters and the Regional Offices. All of the above

' delegations are formal written delecations containing dollar limitations and conditions.

a I

(b)~

The ' Director. Division of Contracts Division of Contracts and Property Management.  !

j

' ' e'stablishes contracting policy throughout the agency; monitors the overall effectiveness and efficiency

. of the agency's contracting office; establishes controls to assure compliance with laws, regulations,

- and procedures; and delegates contracting officer authority, i

i

~

l l

l l

- $2001.602-3 Ratification of unauthorized commitn'ents.

i R' The Government is not bound by agreements or contractual commitments made to (a)

. prospective contractors by persons to whom contracting authority has not been delegated. Any H .

unauthorned commitment may be in violation of the Federal Property and Administrative Services t ,

i  : Act, other Federallaws, the FAR, the NRCAR, and good acquisition practice. Certain requirements 1

I s

{.

l. . .

t, - . oe i

r=

I ..]..

4

j.  ;

i oflaw and regulation necessary for the proper estabbshment of a ontractuai onh'auon may not ne nmet under an uruuthorized commitment 'or cumple. ' eertificadon at 'he anotabihty of tunds. l i

justi6 cation for other than full and open competition, competition of sources, determination of

. contractor responsibility, certitication of current pricing data, price / cost analysis administrative {

t

~I approvals, and negotiation of appropriate contract clauses.

~  ;

~

^(b)- The execution of otherwise proper contracts made by individuals without contracting authority, or by contracting officers in excess of the limits of their delegated authority,'may later be ratified. To be effective, the ratification must be in the form of a written procurement document ' j clearly stating that ratification of a previously unauthorized commitment is intended. All ratifications l 1

of procurement actions valued at S2,500 or less may be approved by the appropriate regional lB i

administrator or Headquarters contracting officer. For any such action, all other terms of Subpart 2001.6 are applicable. The Competiuon Advocate shall approve all ratification actions exceeding

. $2,500 subsequent to the review and approval recommendation by the Director, Division of Contracts 3

' and Property Management.  ;

i I

f (c) . Requests received by contracting officers for ratification of commitments made by l

l personnel lacking contracting authority must be processed as follows: <

(1)' The Designating Official, responsible for the office request, shall furnish the contracting officer all records and documents concerning the commitment and a complete written statement of facts, including, but not limited to:

,f

_ .I

... . . = . . .. . .. .. .

F m A wntten statement onsistent with the compleu:3 and size or the action as to why the contractine ottia w.n not used m mump the name of the l

, employee who made the commitment; l 1

(ii) . A statement as to why the proposed contractor was

. 1 selected; (iii) A list of other sources considered;  !

I 4

(iv) A description of work performed, or to be performed, or products to be furnished; 1 l

I

<v) i he estimated or agreed upon contract price; f i

I

. 1 (vi) A certification of the appropriated funds available; 1

(vii) A description of how unauthorized comm':ments in i similar circumstances will be avoided in the future. .

(2) The contracting officer shall review the written statement of facts for a determination of approval of all actions valued at $2,500 or less. For actions greater than $2,500, the contracting officer shall forward the written statement of facts to the Competition Advocate through the Director, Division of Contracts and Property Management with any comments or information that

, - should be considered in evaluating the request for ratification.

Y- - 24

1 g3, .The NRC ieOI sit N'r *

• h: hed for an opunon. adsice. or comune, ce n l . ., , o. . ~ ....;. -..,.

there , concern ,. . ,1 s '-

.i, .

u rce m srom renen of the expense. or l when some other legal issue is intoh ed.

2 I

i

1. 2001.603 Selection, appointment, and termination of appointment. l 1

i The Director, Division of Contracts and Property Management, is authorized by the Director, Office of Administration, to select and appoint contracting officers and to terminate their appointment i

as prescribed in FAR 1.603. Delegations of contracting officer authority are issued by su morandum l which includes a clear statement of the delegated authority, including responsibilities and limitations in l I

addition to the Ceruficate of Appointment". SF 1402. The Director, Division of Contracts and 1

-1

, Property Management, may delegate micro-purchase authority in accordance with agency procedures.

Such delegation may be accomplished by written memorandum. (ref. FAR 1.603-3(b)) ]

PART 2002 - DEFINITIONS  !

. Subpart 2002.1 - Definitions l Sec.

Definitions. I 2002.100 AUTHORITY: 42 U.S.C. 2201: 42 U.S.C. 5841, and 41 U.S.C. 418(b).

Subpart 2002.1 - Definitions 25 ,

(2002.100 Definitions Acenev means the Nuclear Regulatory Commiwion (NRCL Acency Head or Head of the Acency means the NRC Executive Director for Operations, for the purposes specified in this regulation and the FAR. This delegation does not extend to internal NRC requirements such as clearance levels and Commission papers which specify higher levels of authority.

Commission means the NRC Commission of five members, or a quorum thereof, sitting as a body, as provided by Section 201 of the Energy Reorganization Act of 1974 (42 U.S.C. 5841).

Competition Advocate means the individual appointed as such by the Agency Head as required

' by Pub. L. 98 369. The Director, Office of Administration, has been appointed the Competition Advocate for the NRC.

Head of the Contractine Activity means the Director, Division of Contracts and Property Management.

Senior Procurement Executive means the individual appointed as such by the Agency Head pursuant to Executive Order 12352. The Deputy Executive Director for Management Services, has been appomted the NRC Senior Procurement Executive.

.. 26

( .

Simrilified accuisitions means those xquisition nducted u ine the methods. policies nd procedures of 1 \R P c' ' t * - ak:"2 ' me " o -n -

Task and Deliverv Order Ombudsman means the Director. Otfice of \dministration, or designee pursuant to Section 1004(a) of Pub.L. 103-355. the Federal Acquisition Streamlining Act.

PART 2003 - IMPROPER BUSINFSS PRACTICES AND PERSO"AL -

CONFLICTS OF INTEREST.

Subpart 2003.1 - Safeguards Sec. 2003.101-3 Agency regulanons.-

Subpart 2003.2 - Contractor Gratuities to Government Personnel Sec 2003.203 Reporting of suspected violation of the gratuities clause.

AUTHORITY: 42 U.S.C. 2201: Sec. 201,88 Stat.1242, as amended; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2003.1 - Safeguards 62003.101-3 Agency regulations.

Standards of conduct for federal employees are published in 5 CFR Parts 2635 and 5801.

Requirements for financial disclosure are published in 5 CFR Part 2634.

Subpart 2003.2 - Contractor Gratu!iies to Government Personnel 27

1 2003.203 Reporting suspected siolations of the gratuities clause, ta) Suspected violations of the "Grataties dause. FAR 52.203.3. must be reported orally or in writing directly to the NRC Office of the Inspector Generai. A report must include all facts and circumstances related to the case. Refer to 5 CFR 2635 for an explanation regarding what is prohibited and what is permitted.

(b) When app 7tiate, discussions with the contracting officer or a higher procurement official, procurement policy staff, and the procurement legal advisor prior to filing a report are encouraged.

PART 2004 - AD.TilNISTRATIVE MATTERS Subpart 2004.4 - Safeguarding Classified Information Within Industry h

2004.4 Contract clauses.

AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841: and 41 U.S.C. 481(b).

52004.404 Contract clauses.

2 (a) The contracting officer shall insert the clause at Q2052.204-70 Security, in all

, solicitations and contracts under which the contractor may have access to, or contact with, classified information, including National Security information, restricted data, formerly restricted data, and other classified data.

28 I

. - . . - =. .

l (b) The entitt.ietine ot'ticer shall insert the clause 6 2'I.42 Jil-71 Site Access lladee Retsnrement- non- ' - u; s ,.u r; a cess to Government facihties. The clause may he altered to reflect an:, special conditions to be tpplied to foreign nationals.

SUBCHAPTER B - COMPETITION AND ACQUISITION l PLANNING Part 2005 - PUBLICIZING CONTRACT ACTIONS l

Subpart 2005.5 - Paid Advertisements l l

Sec. 2005.50' Authonly.

AUTHORITY Sec 161. M Stat. 948, as amended (42 U.S.C. 2201): Sec. 201,88 Stat.

1242, as amended (42 U.S.C. 5841;; Pub. L.93-400,88 Stat. 796, as amended by Pub. L. 96-83, 93 Stat. 648, Pub. L. 98 577,98 Stat. 3074 (4I U S.C. 401 et ry.). t 1

Subpart 2005.5 - Paid Advertisements 52005.502 Authority.

Before placing paid advertisements in newspapers and trade journals to publicize contract actions, written authority must be obtained from the Director, Division of Contracts and Property Management, for Headquarters activities, or the Director, Division of Resource Management and Administration, within each regional office for a regional procurement.

Part 2009 - CONTRACTOR QUALIFICATIONS 29

)

i l

Subpart 2009.1 - Responsible Prospective Contractors i

2009.100- NRC policy. I 2009.105-70 Contract provisions.  !

Subpart 2009.4 - Debarment, Suspension, and Ineligibility k.

2009.403 Definitions.

Consolidated lists of parties excluded from Federal procurement or non-  !

2009.404 procurement programs. .

2009.405 Effect oflisting. l 2009.405 Continuation of current contracts.

2009.405-2 Restrictions on subcontracting.

l 2009.406 Debarment.

2009.406 3- Procedurei 2009.407 Suspension.

2009.407-3 Procedures, 2009-470 Appeals.~ < l

. i

- Subpart 2009.5 - Organizational Conflicts of Interest h.

'2009.500 Scope of subpart. i 2009.570 NRC organizational conflicts of interest.

2009.570-1 Scope of policy.=

2009.570-2 Definitions.

'2009.570-3 Criteria for recognizing contractor organizational conflicts of (

interest.

2009.570-4 Representation.

2009.570-5 Contract clauses.

2009.570-6 Evaluation, findings, and contract award.

2009.570-7 Conflicts identified after award.

2009.570-8 Subcontracts.

2009.570 Waiver.

2009.570-10 Remedies.

.F AUTHORITY: 42 U.S.C. 2201; Sec 201, 88 Stat.1242; as amended; 42 U.S.C. 5841; and 41 U.S.C 418(b).

5 Subpart 2009.1 - Responsible prospective contractors.

W2009.100 . .NRC policy.

(a) It is NRC policy that only competitively awarded contracts shall be placed with an individual who was employed by the NRC within two years from the date of the Request for Procurement Action. This policy also pertains to any firm in which the former NRC employee is a partner, principal officer, majority stockholder, principal investigator, project manager, principal f

under the contract, a person who performs more than a nominal amount of the work under the NRC j Statement of Work. or the firm is otherwise controlled or predominately staffed by former NRC cmployees.

(b).- . The following procurement actions are considered noncompetitive for the purposes of this policy:

'I (1) Contracts awarded noncompetitively under the Small Business Administration's I

8(a) Program; 3 (2) Individual task orders if the former employee was not identified as " key V .

' personnel" in a proposal which was evaluated under competitive procedures; t-(3) Unsolicited proposals;' ,

' 31

t i

! I L

[.

Ni Subcontrastilhat 'ey'MrJ "J  % ' '" "'2 purpo i franim? 'n en: under Nl(C l i

f prim cemrxw l

. I l'

l ici~ The term NRC emplovee inclu' des special Government employees performing services ,

for NRC as experts, advisors, consultants. or members of advisory committees if - .l t

f j

~

(1) The contract arises directly out of the individual's activity as'a special h ~ employee;  ;

)

.(2) The individual is in a position to influence the award of the contract; or i

.~ i (3). 1The Contracting Officer determines that another conflict ofinterest exists; 7

'j L(d) A justification explaining why it is in the best interest of the Government to contract with an individual or firm described in paragraphs (a) and (b) of this section on a noncompetitive basis may be approved by the Senior Procurement Executive after consulting with the Executive Director-j

~

~

~ for Operations. - This is in addition to anyjustification and approvals which may be required by the - .

. FAR for use of other than ful'1and open competition.

i: - (e) - Nothing in this policy statement shall be construed as relieving former employees from 4 I

obligations prescribed by law, such as 18 U.S.C. 207. Restrictions on Former Officers, Employees,  ;

and Elected Officials of the Executive and Legislative Branches.- .

p f' '

$2009.105-70 Contract provisions

~

,c

, 32-L

The contracung onicer ,; .a .asen "w 4 :An ; no, m -onenanons.

sai- co52.209 70 Current Former Agency 1:mployee invokement.

Subpart 2009.4 - Debarment, Suspension, and Incligibility.

12009.403 Definitions.

As used in $2009.4:

Debarrine ot6cial means the Semor Procurement Executive. ,

i l

Suspending of6cial means the Senior Procurement Executive.  ;

1 i

i

.62009.404 Consolidated list of parties exclu ed d from Federal procurement or l

non-procurement programs. l The contracting officer responsible for the contract affected by the debarment or suspension I

shall perform the actions required by FAR 9.404(c)(1)-(6).

52009.405 Effect oflisting.

Compelling reasons are considered to be present where failure to contract with the debarred or n=g=h" contractor would seriously harm the agency's programs and prevent accomplishment of 33 i

I~ $

i i

, 4 i ["

W ,

- miwion requirenients. The Senior Procurement thecuto is authorvaa to make the deternunations

'"-" ' ' he ~" ' * *~ 'S e Re d u '!,-

- ua&r F.\R 4 1"' R e.;: '> " ~ "' l l Contracting Activity, through the Director. Office af.\dministration to the Senior Procurement i

- Executive.

. 12009.405 Continuation of current contracts.

j

' The Head of the Contracting Activity is authorized to make the determination to continue I

contracts or subcontracts in existence at the time the contractor was debarred, suspended, or proposed l

' for debarment in accordance with FAR 9.405-1.

. 62009.405-2 Restrictions on subcontracting.

~

The Head of the Contracting Activity is authorized to approve subcontracts with debarred or -

suspended subcontractors under FAR 9.405-2.

92009.406 Debarment.

62009.406-3 Procedures.

,I j -

' investigation and referral. When a contracting officer becomes aware of possible l

'(a). l irregularities or any informationwhich may be sufficient cause for debarment, the case must bc )

1 referred from the Head of the Contracting Activity, through the Director, Office of Administration, to .

< the Senior Procurement Executive immediately. The case must be :-:siigded by a complete l l

- - .., 34 l

7 i

sr.atement of the facts tin,;luding a copy of any primmal -dwtments. if apphean lei along with 3 recommendauon tor acnor Where .he s'ateme" *a. indwates tN trre 'uyrmes to ne possibie

. criminal offenses. or for any other reason further inve4ugation is considered necessary, the matter must tirst be referred to the llead of the Contracting Activity who will consult with the Office of the Inspector General to determine if furthet investigation is required prior to referring to the debarring official.

'(b)- Decision-making process. If, after reviewing the recomtaendations and caasulting j with the Office of the General Counsel and, if appropriate, the Office of the inspector General, the debarring official determines debarment is justified, the debarring official shall initiate the proposed debarment in accordance with FAR 9.406-3(c) and notify the dead of the Contracting Activity of the action taken. If the contractor fails to submit a timely written response within 30 days after receipt of the notice in accordance with FAR 9.406 3:en4). the debarring official may notify the contractor in accordance with FAR 9.406-3(d) that the contractor is debarred.

i

)

(c). Fact-finding proceedings. For actions listed under FAR 9.406-3(b)(2), the contractor i

shall be given the opportunity to appear at an informal hearing. The hearing should be held at a l location and time that is convenient to the parties concerned, and no later than 30 days after the contractor received the notice, if at all possible. The contractor and any specifically named affiliates may be represented by counsel or any duly authorized representative. Witnesses may be called by

.either party. The proceedings must be conducted expeditiously and in such a manner that each party l

L will have an opportunity to present all information considered pertinent to the proposed debarment.

62009.407 Suspension.

t

- 35 2

.- . . ~ . . - - ~

l I

l s2009.407-3 Procedures, ia) _ investigation and referral. When a contracting of6cer becomes aware of possible irregularities or any information which may be sufficient cause for suspension, the case must be

. referred from the llead of the Contracting Activity. through the Director, Office of Administration, to the Senior Procurement Executive immediately; The case must be accompanied by a' complete statement of the facts along with a recommendation for action. Where the statement of facts indicates

'i the irregularities to be posa!e criminal offenses, or for any other reason further investigation is

< considered necessary, the matter must first be referred to the Head of the Contracting Activity who will' consult with the Office of the Inspector General to determine if further investigation is required

\

prior to referring the matter to the suspending official.

(b) Decision making process. if. after reviewing the reconimendations and consulting

. with the Office of the General Counsel, and if appropriate, the Office of the Inspector General, the suspending official determines suspension is justified, the suspending official shall initiate the ,

proposed suspension in accordance with FAR 9.407-3(b)(2). The contractor shall be given the ,

opportunity to appear at an informal hearing, similar in nature to the hearing for debarments as discussed in FAR 9.406-3(b)(2). If the contractor fails to submit a timely written response within 30 days after receipt of the notice in accordance with FAR 9.407-3(c)(5), the suspending official may notify the contractor in accordance with FAR 9.407-3(d) that the contractor is suspended.

a

$2009.470 Appeals.

a f 4s.

36

ri l

i

'? N"ar-'n ?. suspending i'tticul's deemon by .

A itebarred or suspended a'ntr.i ;or :"a

.:uding r otherne w" -Wf'n " ' '

!.n - 9:.!.ec o "- :e 's'.m 'a he Executive Director for Onerations. -\ copy of the abuee of appeat must be furnished to the debarring' suspending otticial.

I Subpart 2009.5 - Organizational Conflicts of Interest i

'i l

620(9.500 Scope of subpart.

l In accordance with 42 U.S.C. 2210a.. NRC acquisitions are processed in accordance with

1. 2009.570, which takes precedence over FAR 9.5 with respect to organizational conflicts ofinterest.  !

I Where non-connicting guidance appears m FAR 9.5. that guidance must be followed.

I 12009.570 NRC organizational conf 1Icts of interest. ,

12009.570-1 Scope of policy.

i (a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by the NRC) which may give rise to actual or potential conflicts of interest in the event of contract award.

37

. + - - . . .-. .. -. . - _ - .-. - .. . . ..

4 I

l tb> Contraitorionth: of mterest deternr >n un;:ot ne made automau a:n . '

l rounndy Th. ;ph.c: t ansary it the  ;

1 policy is to be applied to sausfy the m etall_ pubbe interat. It is not possible to prescribe in advance a

= specific method or set of critena which would serve to identify and resolve all of the contractor conflict of interest situations that might arise. Ilow' ver,e examples are provided in these regulations to guide application of this policy guidance. The ultimate test is as follows: Might the contractor, if

- awarded the contract, be placed in a position where its judgment may be biased, or where 'it may have an unfair competitive advantage?

I (c)- The conflict of' interest rule contained in this subpart applies to contractors and - j I

offerors only~ Individuals or firms who have other relationships.with the NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of

- consulting services through the personnel appointment process, NRC agreements with other Govern-  !

ment agencies,' international organizations, or state, local, or foreign Governments. Separate procedures for avoiding conflicts of interest will be employed in these agreem'ents, as appropnate.

- 52009.570-2 Definitions.

< ' Affiliates means business concerns which are affiliates of each other when either directly or .

I indirectly one concern or individual controls or has the power to control another, or when a third party a

controls or has the power to control both.

L. Contract means any contractual agreement or other arrangement with the NRC except as provided in $2009.570-1(c).

r

, l 38

c ,

1:

!( -

U~ '

l:

. Cont'3Ctor Wedni any peNR. lIrWJ bWn Irj !

• 4 N %.? s 1CWM 1+ N.', WpOGWr.

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; p.iruieplup. Hrpe:.c., ,. .

". ' 7'N','.

!E' .

executives, directors key personnel tidentified in thevntracu. proposed consultants or

' subcontractors, which are a party to a contract witti the NRC<

c , ,.

p. i

)D i-j ::-

Evaluation activities means any effort involving the appraisal of a technology, process,

, t

,.b.

L 3  : product, or policy. o 4

, .x 1 l l L, ,

- J, l-

' Qggpro or prospective con' tractor means any person,' firm, unincorporated association, joint l

venture, coisponsor, partnership, corporationi or their affiliates 'or successors in interest," including L ,-

their chief executives, directors, key personnel. proposed consultants, or subcontractors, submitting'a '

- bid or proposal, solicited or unsolicited. to the NRC to obtain a contract.

L. .

~~Ofganizational conflicts of interest means that a relationship exists whereby a contractor or

. prospective contractor has present or planne' d interests related to the work to be performed under an L , .'

l1  : NRC contract which:

'(1) May diminish its capacity to give impartial, technically sound, objective assistance and advice, or may otherwise result in a biased work product; or I' ' J

-(2)- May result in its being given an unfair competitive advantage.

^

~

n ._

39 h

$ ~k , . <- - ,

e -1 - ,.- r >v -

J. m _ - .ut su r _s:3 that an ac:u. .

. Potential contliet ht mterbt mee :nat a < :.ai Wn:1;,; c: a.:e:, . .:: ;. ra, t: m petent91 .oniliet m interest is used to signify those situations that-t1; Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or (2) Must be reported to the contracting officer for investigation if they arise during contract performance.

Research means any. scientific or technical work involving theoretical analysis, exploration, or experimentation.

Subcontractor means any subcontractor of any tier who performs work under a contract with -

. the NRC except subcontracts for supplies and subcontra.:ts in amounts not exceeding $10,000.

Technical consulting and management sunnort services means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require that the contractor be given access to proprietary information or to information that has'not been made available to the public. These services typically include assistance in the preparation of program plans, preliminary designs, specifications, or statements of work.

52009.576 3 Criteria for recognizing contractor organizational conflicts of interest.

' '(a) - General.

['

40

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

t1i Two quesuem mil be aded m / .rmmme .u:emer utuai or poiential oreatiuational somhm , f nun i

11) Are there con 0icting roles which might bias an offeror's or contractor's judgment in relation to its work for the NRC? ,

(ii) May the offeror or contractor be given an unfair competitive advantage based on the performance of the contract?

(2) NRC's ultimate determination that organizational conflicts of interest exist will be made in light of common sense and good business jud'gment based upon the relevant facts. While it

- is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships that might ms oh e potential organizational con 0icts of interest, NRC

)

personnel will pay particular attention to proposed contractual requirements that call for the rend!

of advice, consultation or evaluation activities, or similar activities that directly lay the groundwork J

. for the NRC's decisions on regulatory activities, future procurements, and research programs. Any l

work performed at an applicant or licensee site will also be closely scmtinized by the NRC staff.

1 Situations or relationships. The following situations or relationships may give rise to (b) 1

organizational conflicts of interest:

4 i

The offeror or contractor shall disclose information, that may give rise to (1) l

- organizational conflicts of interest under the following circumstances. The information m L

the scope of work or specification for the requirement, being performed, the period of perform i-41

and the name and uleph0N numht i hit a pomt of , 'nt.i. at the oream/. min knowledgeable about the mmmercial Jontr.at-iii Whde the offeror or contractor provides adsice and recommendations to i

the NRC in the same technical area where it is also providing consulting assis*.ance to any organization regulated by the NRC.

(ii). 'Where the offeror or contractor provides advice to the NRC on the same or similar nutter on which it is also providing assistance to any organization regulated

.by the NRC.

1 dii) Where the offeror or contractor evaluates its own products or services,'or ,

has been substaritially involved m the development or marketing of the products or l services of atother entity. j (iv) Whe e. the award of a contract would result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC. or would result in an unfair competitive advantage for the offeror or contractor i

(v) Where the offeror or contractor solicits'or performs work at an applicant

)

or licensee site while performing work in the same technical area for the NRC at the I. '

same site.

L I

i 4

^

42 W - -

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

f th l'he contractin atticer may reuuest spee!!iJ niformatto') f rom an of teror or (u!",ractor or !"

• N ? ti ."'N*

'"+ .t s h 13roklded lH D.8(N.5~O 5.ht m the followine ,

e circumstances:

(0.Where the of feror or contractor prepares specifications that are to be used in competitive procurements of products or services covered by the specifications.

(ii)' Where the offeror or contractor prepares plans for specific e-maches or methodologies that are to be incorporated into competitive procurements using the

' approaches or methodologies. .

(iii) Where the offeror or contractor is granted access to information not available to the puolic concenung NRC plans, policies, or programs that could form

- the basis for a later procurement action.

-(iv) Where the offeror or contractor is granted access to proprietary

information of its competitors.

i

'(v) Where the award of a, contract might result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or might result in an unfair competitive advantage for the offeror or Contractor.

L 43 y - era v , sn - <w

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

(c) Poliev annlication cuidance 'I'he IJI!ow:ng eumples are illustratae only and are not

- - ' m. m intended t.i identin 'rJ " **

t 1 gli Examnte. The .\BC Corp . in response to a Request For Proposal (RFP). l-proposes to undertake certain analyses of a reactor component as called for in the L- .

RFP The ABC Corp. is one of several companies considered to be technicahy well i

qualified.- In response to the inquiry in the RFP, the ABC Corp. advises that it is currently p-forming similar analyses for the reactor manufacturer. ]

l

'(ii) Guidance, An NRC contract for that particular work normally would not be c awarded to the ABC Corp.'because the company would be placed in a position in which its judgment could be biased in relationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason for -

considering a waiver of the policy.

J (2)(i) Examole. The ABC Corp., in response to an RFP, proposes to perform certain analyses of a reactor component that is unique to one type of advanced reactor.

As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of

, . the ABC Corp. projects have any relationship to the work called for in the RFP.

Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP.

f g

! 44 L

i-L

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

T, tik Guidance. An SRC smrac; normally wuid be awarded to me ABC Corp.

-o :. becan wi cobTV '*c' '- 4 st!d mousate bus with respect to the

, work'. An appropriate clause would be 'ncluded in the contract to preclude the ABC Corp. from subsequently a ntracting for work with the private sector that could create 1

a conflict during the performance of the NRC contract. :For example, ABC Corp. I would be precluded from the performance of similar work for the company developing )

the advanced reactor mentioned in the example.

4 i

'l (3)(i): Example. The ABC Corp., in response to a competitive RFP, submits a proposal to assist the NRC in revising NRC's guidance documents on the respiratory -

protection requirements of 10 CFR Part 20. ABC Corp, is the only firm determined to I be technically acceptable. .ABC Corp.. has performed substantial work for regulated s' .

i

,' s - utilities in the pa>t and is expected to continue similar efforts in the future. The work '

- has and will cover the writing, implementation, and administration of compliance

- respiratory protection programs for nuclear power plants. l l

1 (ii) Guidance. This situation would place the firm in a role where its judgment could be biased in relationship to its work for the NRC. Because the nature of the required work is vitally important in terms of the NRC's responsibilities and no reasonable alternative exists, a waiver of the policy, in accordance with Q2009.570-9 may be war- I ranted. Any waiver must be fully documented in accordance with the waiver l

provisions of this policy with particular attention to the establishment of protective l

mechanisms to guard against bias.

l I'

l L 45 a _

t4Hi> Example. The ABC Corp submns a proposal ter a new sptem to evaluate a specific reactor compone" ner'W m for the nurpose of deselopine standards that  :

are important to the NRC program The \BC Corp. has advised the NRC that it intends to sell the new system to industry once its practicability has been demon-strated. Other companies in this business are using older 7.ystems for evaluation of the j

I specific teactor component.

i (ii) 99idance. A contract could be awarded to the ABC Corp. if the contract stipulates that no information produced under the contract will be used in the  ;

contractor's private activities unless this information has been reported to the NRC. j Data on how the reactor component performs, which is reported to the NRC by l contractors. will normally be disseminated by the NRC to others to preclude an unfair 1

competitise adsantage. When the NRC furnishes information about the reactor com- j ponent to the contractor for the performance of contracted work, the information may j not be 'used in the contractor's private activities unless the information is generally l 1

available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information, developed about i

the performance of the reactor component under the contract, is proposed to be used.-  !

)

i

')

(5)(i) Examole. The ABC Corp., in response to a RFP, proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and (2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the eastern i

I 4

I

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

p L United %tes. but none ot' the stes am ruin thd gegyraphic are smemplated by the

. NRC itudv.

tii) Guidance. The contracting officer would normally conclude that award of a

!, contract would not place ABC Corp. in a conflicting role where its judgment might be l 1

'~

biased. Section 2052.209-72(c) Work for Others, would preclude ABC Corp. from .;

p i L accepting work which could create a' conflict of interest during the term of the NRC i t  ; contract, p ,

H I 'i6)(i) Example. AD Divisio'n of ABC Corp., in response to a RFP, submits a

' proposalio assist the NRC in the safety and environmental review of applications f6r  :

licenses for the construction, operation, and decommissioning of fuel cycle facilities.

. ABC Corp. h disided mto two separate and distinct divisions, AD and BC, The BC r

Division performs the same or similar services for industry. The BC Division is cur-rently providing the same or similar services required under the NRC's contract for an 4 applicant or licensee.

l (ii) Guidance. An NRC contract for that particular work would not be awarded to the i

ABC Corp. The AD Division could be placed in a position to pass judgment on work r

performed by the BC Division, which could bias its work for NRC. Further, the L ,

Conflict of Interest provisions at:y to ABC Corp. and not to separate or distinct

[

divisions within the company. If no reasonable alternative exists, a waiver of the

.e policy could be sought in accordance with $2009.570-9.

f

. 47 m

Ono Example _ I he ,\BC Corn. mpic: s an anaipis ;or SRC f < team generator i l

a <e s 'ee months later, -\BC Corp. is asked ,y tube leaks at one M a unht:. I i

this utility to perform the same analysn at another of its sites. l l

(ii) Guidance. Section 2052.29042(cM3) would prohibit the contractor from beginning this work for the utility until one year after completion of the NRC work at the first site,

)

(8)(i) Example. ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign of the common areas between its twin reactors. The contract is for two years with an estimated value of 55 million. Near the completion of the NRC work, ABC Corp. requests authority to solicit for a 5100K contract with the same utility to trans-port spent fuel to a disposal site. ABC Corp. is performing no other work for the utility.

(ii) Guidance. The Contracting Officer would allow the contractor to proceed with the solicitation because it is not in the same technical area as the NRC work; and the potential for technical bias by the contractor because of financial ties to the utility is slight due to the relative value of the two contracts.

(9)(i) Example. The ABC Corp. is constructing a turbine building and installing new turbines at a reactor site. Tbc contract with the utility is for five years and has a total value of $100 million. ABC Corp. has responded to an NRC Request For Proposal 48 1

requirm; the war m n c ..ma. me a c'i 'nspectwo unrei.ced u e-. f j

mu ,

ed E  % ;.imract ic V5K l

. tii) Guidance. An NRC contract would not normally be awarded to ABC Corp. since j

. these factors create the potential for tinancial loyalty to the utility that may bias the i

technical judgment of the contractor. j l

1 (d) Other considerations.

t 1

' (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational condicts arising from the performance of a contract is not relevant to a

)

' determination of the existence of con 0icts prior to the award of a contract. -!

l (2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis.

l I

' 52009.570 4 Representation.

(a) The following procedures are designed to assist the NRC contracting officer in determining whether situations or relationships exist which may constitute organizational conflicts of interest with respect to a particular offeror or contractor. The procedures apply to small purchases D meetmg the criteria stated in the following paragraph (b) of this section.

l  !

i I

49 I

t ahs ihe'org.maani :u: camhu .- .. e 2. . a a co5nov. l must t'..; .,,nuutmg ouicer

be me!uded in wh,n.w s' . .

x.- .. . .o must also include this punision for task orders .ind comr.tet modi 6eauons for new work for:

t1i Evaluation services or activities, i

(2) Technical consulting and management support services:

(3) Research; and (4) Other contractual situations where special organizational condicts of interest provisions are noted in the solicitation and would be included in the resulting contract. This i

representation requirement also applie.s to all modificanons t'or aJditional effort under the contract ,

' except those issued under the " Changes" clause. .Where. however, a statement of the type required by j the organizational conflicts of interest representation provisions has previously been submitted with ,

regard to the contract being modi 6ed, only an updating of the statement is regt. ired.

i (c) The offeror may, because of actual or potential organizational conflicts of interest. .

propose to exclude specific kinds of work contained in a RFP unless the RFP specifically prohibits the exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the

' evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or integral part of the required work and its exclusion would be to the detriment of the competitive posture of the other offerors, the NRC shall reject the proposal as unacceptable.

i i

i

. 50

]

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m -

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]

The offeror' itailure tii eWeuteithe representauon requirsd ny paragraph thi of this '  ;

1 14 o

- <edi .n un r: .' .  ; .- . ./ - ,' ' 0; 3 b'e  ; formality' 'Ihe otferor w11) .

be permittsd 't o torrect the omi Aion.

< . l t'

,x ,

h2009.570 Contract clauses. - l 1

o-n (a) . . General contract clause. All contracts and simplified acquisitions of the types set forth

- in $2009.'570-4(b) must inchede the clause entitled, " Contractor Organizational Conflicte d Interest,"

> :;p .

4 i: Eset forth in $2052.209-72, 7

(b)'. Other special contract clauses.. If it is determined from the nature of the proposed

- 1 L contract that an organizational conflict of interest e3i sts. the contracting officer may determine that the

~

conflict can be rvoided. or, after ootaimng a waiver in accordance with' g2009.570-9, neutralized through the'use of an appropriate special contract clause. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time period of any restriction.' These clauses include but' are not limited to;-

, e b  : '

9: .;

(1) Hardware exclusion clauses which prohibit the acceptance of production

'"  : contracts following a related non-production contract previously performed by the contractor; ,

~

.y Software exclusion clauses; f- . (2) f 1

'(3)- Clauses which require the contractor (and certain of its key personnel) to avoid n

certain organizational conflicts of interest; and l

51 s .. + , - , . . - ,

(4) Clauses winen , .. ude for Prote.uan oi emk:ennal data and guard against its UP..htthi'r 1ed w

$2009.570-6 Esatuation, findings, and contract award.

The contracting otticer shall evaluate all relevant tacts submitted by an of feror and other relevant information. After evaluating this information against the criteria of s2009.570-3, the contracting officer shall m*a a finding of whether organizational conflicts of interest exist with respect to a particular offeror. If it has been determined that real or potential conflicts of interest exist, the contracting officer shall:

(a)- Disqualify the offemt from award; (b) Avoid or eliminate such conflicts by appropriate measures; or 6

(c) Award the contract under the waiver provision of %2009.570-9.

s 52

62009.570-7 Conflicts identified after award.

If potential organizational contlicts of interest are identined after award with respect to a particular contracror, and the contracting officer determines that contlicts do exist and that it would not j be in the best interest of the Government to terminate' the contract, as provided in the clauses required by $2009.570-5, the contracting officer shall take every reasonable action to avoid, eliminate, er, after obtaining a waiver in accordance with {2009.570-9, neutralize the effects of the identified conflict.

l

.52009.570-8 Subcontracts.

The contracting of ficer shall require otterors and contractors to submit a representation statement from all subcontractors (other than a supply subcontractor) and consultants performing services in excess of $10,000 in accordance with {2009.570-4(b). The contracting officer shall require the contractor to include contract clauses in accordance with {2009.570-5 in consultant agreements or subcontracts involving performance of work under a prime contract.

$2009.576 9. Waiver. l (a)- The contracting officer determines the need to seek a waiver for specific contract awards, with the advice and concurrence of the program office director and legal counsel. Upon the recamm=tation of the Senior Procurement Executive, and after consultation with legal counsel, the

'53

- Eteeunge thredor for Operation 'nas w.cu - 'N *

. .. 'Ye i. 'c 'e 1! < ,n

- the best mtere9 c e lleted bei 'o ' .

4

-ib) LWaiser action is strictly limited to those snuations in which; (1) Ihe work to be pert'ormed under contract is vital to the NRC program.

4 (2) ' The work cannot be satisfactorily performed except by a contractor whose interests give rise to a' question of conflict of interest.

i31 Contractual andror technical review and surveillance methods can be employed by the NRC to neutralize the conflict (c) For any waivers, the justification and approval documents must be placed in the NRC Public Document Room.

62009.570 10 Remedies.

. In addition to other remedies permitted by law or contract for a breach of the restrictions in this subpart or for any intentional nusrepresentation or intentional nondisclosure of any relevant interest required to be provided for this section, the NRC may debar the contractor from subsequent

NRC contracts.

.c C.

-] r /

.",J' L4 __

PART 20ll - DESCRIBING AGENCY NEEDS AUTilORITY: 42 U.S.C. 2201. 42 U.S C. 5541, anJ Ji U.S C. 41Scbs

.Subpart 2011.4 Delivery or Performance Schedules - Contract clauses 52011.104-70' NRC Clauses.

(a) The con:: acting officer shall insert the clause at 12052.211-70 Preparation of Technical Reports, when deliverables include a technical report.

'(b) The contracting off.:er shall insert the clause at #2052.211-71 Technical Progress Report, in all solicitations and contracts except-(1) Firm fixed price; or (2) Indefinite-delivery contracts to be awarded on a time-and-materials or labor-hour basis, or which provide for issuance of delivery orders for specific products / services (line items).

(c) The contracting officer shall insert the clause at (2052.211-72 Financial Status Report, i.in applicable cost reimbursement solicitations and contracts when detailed assessment of costs is warranted and a Contractor Spending Plan is required; use the clause at {2052.2211-72 Financial Status Report - Alternate I when no Contractor Spending Plan is required.

\ ./

' f.i -

55

idi The contractine officer may aher Jat. 0 152 2!: o. 't. '2 and ~2 \! ternate !

prior to tuuance of the sohettatm. . r dann; sone;at; m var s amendmem Reporting requirements should be set at a meanineful and producm e frequency. Insignificant changes may also be made by the contracting otticer on a case-by-case basis during negotiations, without solicitation amendment.

SUBCHAPTER C - CONTRACTING METHODS AND CONTRACT TYPES PART 2013 - SIMPLIFIED ACQUISITION PROCEDURES (reserved)

AUTHORITY: 42 U.S.C. 2201: 42 U.S.C. 5841; and 41 U.S.C. 418(b).

PART 2014 - SEALED BIDDING Subpart 2014.2 - Solicitation of Bids Sec. 2014.201 - Preparation of invitation for bids.

2014.201-670 Solicitation provisions.

Subpart 2014.4 - Opening of Bids and Award of Contract 2014.407 Mistakes in bids.

2014.407-3 Other mistakes disclosed before award.

AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2014.2 - Solicitation of Bids 52014.201 Preparation ofinvitation for bids.

52014.201-670 Solicitation provisions.

56

l i

)

ian The contractmg o'fiser mat insert the prmision at C052 214 70 Prebid Conference. '

l.

L in Inutations fs Hids <ll Bt @.s . :e w J ' . a prb, ;unterm , % prmM'n ma' ". ahered - l by the contractmg officer to 6t the ,ircumstances' ofh t e procurement.

(b)~ The contra; ting of6cer may insert in IFBs the provision at s2052.214-71, Bidder l

I

' Qualifications and Past Experience on an optional basis to fit the circumstances of the requirement; t

(c) The contracting officer shall insert the provision at $2052.214-72 Bid Evaluation in all IFBs. Paragraph (f) of this provision is optional.

The contracting otlicer shall insert the provision of #2052.214-73 Timely Receipt of (d) i Bids in all IFBs.

(e) The contracting officer shall insert the provision at $2052.214-74 Disoosition of Bids in all IFBs.

1 1

Subpart 2014.4 - Opening of Bids and Award of Contract

• (2014.407 Mistakes in bids.

52014.407-3 Other mistakes disclosed before award.

e,

'Ihe Director, Division of Contracts and Property Management, is delegated the authority to l

1 make the determinations concerning mistakes in bids, including those with obvious clerical errors, .

l 57  ;

l l

l

- -\

2

discovered prior to award These determinations will be ;ancurred m by legal counsel prior to imafication of the bidder o

e

- 92014.407-4 Slistakes after award ,

i The cognizant contracting officer is delegated the authority to make determinations concerning mistakes disclosed after award in accordance with FAR 14.407-4. These determinations will be concurred in by legal counsel prior to notification of the contractor.

Part 20I5 - CONTRACTING BY NEGOTIATION Subpart 2015.2 ~- Solicitation and Receipt of Proposals and Information 4

Sec. 2015.209-70 . Solicitation prousions and contract clause j j

Subpart 2015.3 - Source Selection i

A I

.2015.300 Scope of part.

2015.303' Responsibilities. l 2015.304- Evaluation factors. l 2015.305 Proposal evaluation.

Subpart 2015.6 - Unsolicited Proposals SW 2015.606- Agency procedures.

2015.606-1 Receipt and initial review.

AUTHORITY: 42 U.S.C. 2201: 42 U.S.C. 5841; and 41 U.S.C. 418(b).

12015.209 70' Solicitation provisions and contract clauses.

J 58 i

, , j s

a,'

.aF The contradine efficer shall'inser: m elici' "e and mmruts the following clause, e  ;

,, n ,

q r,

applicable to the reqmrement-

~

\

(1iSection 2052.215-70. Key Personnel in applicable solicitations and contracts; .j r -

.I f

i t' (2). (i) Section 2052.215-71,' Project Officer Authority in applicable solicitations and contracts for cost-reimbursement, cost-plus-fixed-fee, cost-plus-award-fee, cost ,

i t I I

E sharing, labor-hour or time-and-materials, including task order contracts %is clause .

and the following Alternate clauses are intended for experienced, trained project j officers, and may be altered to deletc duties where appropriate: -l l --

.l; t

~

L (iii Section 2052.215-71 Alternate 1. For solicitations for issuance of deliverv.

Torders for specific products / services: l

+ ,

p 4 j

2 I

- (iii) Section 2052.215-71 Alternate 2. ' For solicitations for firm fixed price . ,

i contracts, with paragraph (b)(1) of Alternate i deleted and the remainder of the clause renumbered. 1 y _

f I

(3) The contracting officer sha!! insert the provision at Q2052-.215-72, Timely Receipt of Proposals in all solicitations; o

b i m

l' L (4)' The contracting officer shall insert the provision at $2052.215-73, Award L

f. ,

. Notification and Commitment of Public Funds in all solicitations; and i

t 4

I m

59  !

l l

L-

e

, , , , , -. _. .-. - _ _ _ .4

.. . ~ . . _ _ ._, . . . _ . _ . . _ - _ _ _ . _ _ _ . . . . __ . - - . .

& The antastire of fim shall meert "" preio!' r 952 215 ~4.-Disposmo" ot' .  !

- i, i

proposah :n all Uh.:tatM"* -  ;

-th) The dontracting officer may insert in all solicitations the following provisions as '}

l applicable. These provisions may be altered to fit the circumstances of the requirement. These .

provisions shall be tailored to assure that all sections of the instructions for the Technical and Management Proposal, or Oral Presentation and Supporting Documentation, reflect a one-to- -l one relationship :: the evaluation criteria: } :

h (1) Section 2052.215-75, Proposal Presentation and Format for negotiated i

procurements for cost type contracts: l

'(2) Section 2052.215-75 Alternate I may be used for all solicitations for negotiated l

' task order contracts:

(3) Section 2015.215-75 Alternate 2 may be used for all solicitations for negotiated

~ fixed price, labor hour, or time and materials contracts:

1

-r l l

i (c) The contracting officer shall insert the provision at (2052.215-76, PreProposal I

. Conference, in solicitations which include a PreProposal conference. This provision may be altered to fit the circumstances of the requirement.

E i

l i

i-f _ (d) 1he contractag officer shall insert the following clauses in solicitations and contracts as l

' applicable:

r b 60

!1

i

-)

41 i Section 2052 2157~ l reci Vpros. wand Rem'hurtement. hall be inserted m-

' cost rennoursement ohaianon, and 'comracts hhiih require trasel hut do not set a r speettie ceiling amount on that trasel. Note that requests for foreign tr;. vel must be j e

submitted to the NRC 30 days in advance of the travel date.  :

(2) Section 2052 215 78, Travel Approvals and Reimbursement - Altemate 1, shall be j inserted in cost reimbursement solicitations and contracts which include a ceiling j i

C. amount on ..avel. Note that requests for foreign travel must be submitted t: ^e NRC ,

i 30 days in advance of the travel.

i (e) The contracting officer shall include the following provisions in all solicitations for i

. competitive procurements to describe the relationship of technical considerations to cost considerations. The contracting of ficer may make appropriate changes to these provisions to accurately reflect other evaluation procedures, such as evaluation of proposals against  ;

mandatory criteria and bench marking criteria for Information Technology (IT) procurements:

i (1) Section 2052.215-79 Contract Award and Evaluation of Proposals, shall be included in all solicitations where technical merit is more important than cost, 4 (2) Section 2052.215-79 Alternate I shall be included when proposals are to be evaluated on a lowest price, technically acceptable basis.

- (3) Section 2052.215 79 Alternate 2 shall be included where cost and technical merit are of equal significance. i 61

)

. - -. -- .-- ~. - -- . .. .. -

t i

l l

Subpart 2015.3 - Source Selection Procewes and l'echniques 1

s2015.300 scope of subpart.

i

)

i This subpart applies to all contracts awarded on a compeuuve basis in accordance with FAR Part 15. This subpart does not apply to antracts awarded on a non-competitive basis to the Small Business Administration under Section 8(a) of the Small Business Act.

l 52015.303 Responsibilities.

I i

i fa) The source selection authority is the contracting officer. The contracting officer, acting as

, the source selection authority, shall seicet an offer for award based upon review of the Source Evaluation Panel's recommendation as contained in the reports described in paragraph (c) of this sec6on.

I j

(b) Any cancellation of solicitations and subsequent rejection of all proposals must be g

1 approved by the Head of the Centracting Activity.

(c) For all proposed contracts with total estimated values in excess of the sHplined ii h acquisition threshold and expected to result from competitive technical and price / cost negot at ons, t e cooperative review efforts of technical, contracting, and other administrative personnel are formalized through establishment of a Source Evaluation Panel. A single technical member may be appointed to the Source Evaluation Panel to evaluate proposals with the contracting officer's approval. In such I instances, the Designating Official may appoint technical advisors (non-voting members) to assist the i

!~ 62 l l

,)" '

u..

, ,P s;ngle technical memberJExcept in unusuA ca.e . ihe Murce Evaluation Panel should not exceed w { fise membersinegdtir; the Chairperi"'. ~ TN W:/ D 6w.H Pe:15 propMal evaluation reporttsi may include J Competitive R.ange Report and a Final Evaluation Report (to be used when award will s I

be mNde 'after conducting discussions). or a Recommendatiori for Award Report (to be used when

. award will b'e niade without discussions).

I 1

[(d); The Designating Official (Office Director or designee) is responsibic for appointing a . .l 3- .

Source Evaluation Panel to evaluate competitive technicht proposals in accordance with the solicitation -

. technical criteria. The Designating Official is also responsible for conducting an indearadant review and evaluation of the Source Evaluation Panel 's. proposal evaluation report (s) to the contracting

- officer <

3 l i

[12015.3N Evaluation factors -

,s >

j i

L The evaluation factors included in the solicitation serve as the standard against which all - l j

i i, ,

proposals are evaluated and are the basis for the oevelopment of proposal preparation instructions, in

.l accordance with FAR 15.304(b); Indication in the solicitation of the relative importance of evaluation l 1

factors and subfactors may be accomplished by the assignment of a numerical weight to each; For -

L

" those solicitations which use numerical weights, those weights shall be stated in the solicitation. For I;

- those factors that will not be numerically weighted, only their relative importance will be stated in the h

j 7.,' ' solicitation. . Examples of factors which may not be numerically weighted are conflict of interest.

, antimmead cost, and "go/no go" evaluation factors.

1-

$2015.305_ Proposal evahansian-l 1

63 o

h i

J I

The contracung a:ticer may pro ;d oneror- propAs mc supporung tinaneral N s. :rce-l? ' unon P.me he sanic n . c,+m; .: ^r.v ah . ire information to member i

distributed for 'es aluation -The Source lh atuation Panel shall use this information to perform an accurate integrated assessment of each offeror's proposal based on all the facts presented to them.'

- Subpart 2015.6 - Unsolicited proposals

~ .

I2015.606 Agency procedures. ,

The Division of Contracts and Property Management is the point of contact for the (a) i l

receipt, acknowleJgment, and handling of unsolicited proposals.

To ensure iliat the unsolicitated proposal is logged into the unsolicited proposal (b).

tracking system, it must be submitted in an original and two copies, and requests for additional ,

information regarding their preparation, must be submitted to: ,

U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Mail Stop T-71-2 Washington, DC 20555 i

3 i

L 62015.606-1 Receipt and initial review. l l

I i

e 64

{

l

(at The Division of Contracts and Propetty Wns; emet:t e.a ukne.uedge receipt of an y *hP.;'

'i  :' INT .md send Jopi;:s of the tinsolicited proptwal.' e:r.plJ',e .

unsolicited proposal to the appropriate program otfice D;rectorN or designee for evaluation.

2 (b)' The Division of Contracts and Property Management shall be responsible for controlling reproduction and distribution of proposal material by notifying evaluators of their responsibilities and tracking the number of proposals received and forwarded to evaluators.

(c) An acknowledgment letter will be sent to the proposer by The Division of Contracts and Property Management, providing an estimated date for a funding decision or identifying the reasons for non. acceptance of the proposal for review in accordance with FAR 15.606-1(b) and FAR 15.606-l(c).

Part 2016 - TYPES OF CONTRACTS Subpart 2016.3 - Cost Reimbursement Contracts ,

i 2016.307-70 Contract provisions and clauses.

l Subpart 2016.5 - Indefinite-Delivery Contracts SL 2016.506-70 Contract provisions and clauses.

AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2016.3 - Cost Reimbursement Contracts

.. 65

r, ~

)

I i

0 016.307 70 Contract prmisioni and tlau r . )

I l

l

)

I

-tai The contracting of6eer shall insert the prmision at 0 052.216 70. Level of Effort, in  !

l solicitations for negotiated procurements containing labor costs other than mamtenance services, to be -

awarded on a cost reimbursement. cost sharing, cost-plus-award fee, cost-plus-fixed fee, time and

)

materiaI's, or labor hour basis.

l (b) :The contracting officer may insert the following provisions and clause = in cost I reimbursement contracts as applicable:

l i

c l (1) Section 2052.216-71, Indirect Cost Rates (where provisional rates without 1

ceilings apply 1 i

I I

L

-(2) Section 2052.216-71, Indirect Cost Rates - Alternate 1 (where predetermined i i

rates apply). I t

(3) "

Section 2052.216-71, Indirect Cost Rates (Ceiling) Alternate 2 (where provisional rates with ceilings apply). l (c) The contracting officer may make appropriate changes to these clauses to reflect different arrangements.

L Subpart 2016.5 - Indennite-Delivery Contracts.

l.

SE l 2016.506-70'- Contract provisions and clauses.

i i

l l

u

1

!!2016.506-70 Contract prosisions and clauws.

?

i The contracting officer shall insert the folhm me .:!auses m all solicitations and contracts that i contain task order procedures. These clauses may he altered by the contracting of ficer to fit the .

circumstances of the requirement.

(a) Section 2052.216-72, Task Order Procedures ~;

(b)

Section 2052.216-73 Accelerated Task Order Procedures.

. Part 2017 - SPECIAL CONTRACTING METIIODS Subpart 2017.2 - Options l

_Sr i

2017.204 Contracts

[1

. AUTHORITY.: 42 U.S.C. 2201: 42 U.S.C. 5841; and 41 U.S.C. 481(b).

Subpart 2017.2 - Options 'I f2017.204 Contracts

• L (a) De contracting officer may approve non-competitive extensions, within the limits of his/her delegation, to five-year contracts up to a total of an additional 6 months for the purpose of completing the competitive process for a follow-on contract, provided that the request for procurement

-67

a uon tot a renow.on < :er . . ., ..  : .a ~.~a .o caraas ma pr en:.

NL:ugement ::o: .

th) Other extensions beyoad the years must be approved by the Competition Adsocate.

SUBCHAPTER D - SOCIOECONOMIC PROGRAMS Part 2019 - SMALL BUSINESS PROGRAMS Subpart 2019.7 - Subcontracting with small business, small disadvantaged

- business, and women-owned small business concerns  ;

l 1

Sec. 2019 in5 Responsibilities of the contracting aftiect under the subcontracting assistance l program.

2019.705-4 Resiewine the subcontracting pLn.

AUTHORITY: 42 U S C 2201: 42 U.S C. 5841: and 41 U.S.C. 418(b).

f2019-705 Responsibilities of the contracting officer under the subcontracting assistance program.

l l

j 52019.705-4 Reviewing the subcontracting plan.

l l

l (a) The contracting officer may accept the terms of an overall or " master" company subcontracting plan incorporated by reference into a specific subcontracting plan submitted by the apparent successful offeror / bid for a specific contract, only upon ensuring that the required 1

information, goals and assurances are included in accordance with FAR 19.704, l Part 2022 - APPLICATION OF LABOR LAWS TO GOVERNMENT 68

l l

ACQUISITIONS j

'Subpart 2022.1 - Basic' Labor Policies.

I J

.Sec. 2022.101-1 General .J 2022.103-4 Approvals.

1 Subpart 2022.9 - Nondiscrimination because of Age j i

2022.901-70 Contract provisions. 1 i

AUTHORITY:. 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 4186 (b)

Subpart 2022.1 - Basic Labor Policies. l i

l 1

12022.101-1 General.

l The Head of the Contrading Activity shall designate programs or requirements for which it is l

necessary that contractors be required to notify the Government of actual or potential labor disputes that are delaying or threaten to delay the timely contract performance. Contractor notification shall be i

made in accordance with FAR 52.222-1. " Notice to the Government of Labor Disputes."

')

., I 52022.103-4 Approvals.

The agency approving official for contractor overtime shall be the contracting officer.

/

Subpart 2022.9 - Nondiscrimination Because of Age.

1 52012.901-70 Contract provisions. - j 69 l

l

< l

, i

. he contracting i>Iticer e.ad niert du preis n.oi: :ound at e2td2 222 3). .Nondnerinunanon j i

naxn: x \; an . i PART 2024 - PROTECTION OF PRIVACY AND FREEDOA1 OF INFORAIATION Subpart 2024.1 - Protection of Individual Privacy I

See: q 2024.103 Procedures.

Subpart 2024.2 - Freedom of Information Act 1

2024.202 Policy. I AUTilORITY: 42 U.S.C. 2201: 42 U.S.C. .i341: and 4! U.S C. 418(b).  !

l Subpart 2024.1 - Protection of Individual Privacy l

l 92024.103 Procedures.

i The provisions at 10 CFR Part 9. Subpart B, Privacy Act Regulations, are applicable to the maintenance or disclosure of information for a system of records on individuals, Subpart 2024.2 - Freedom of Information Act s

$2024.202 ' Policy.

70

The prouvons at 10 Cl R Part 9. Sanpar 11:r .Joni .t. In:. raiation A; Regulations are appF, bl - 'aN}hs.i\'RC- -

+', -

s SUBCHAPTER E - GENERAL CONTRACTING .

REQUIREMENTS Part 2027 - PATENTS, DATA, AND COPYRIGIITS Subpart 2027.3 - Patent Rights Under Government Contracts.

i Sec. l 2027.305-3 Follow-up by Government.  ;

2027 305-70 Solicitation provisions and contract clauses.

AUTilORITY: 42 l'.S C 2201: 42 l' S C. 584t : and 41 U.S.C. 418(b).

.s Subpart 2027.3 - Patent Rights Under Government Contracts.

62027.305-3 Follow up by Government.

(a) The contracting officer shall, as a part of the closeout of a contract, require each contractor to report in writing any patents, copyrights, or royalties attained using any portion of the contract funds.

(b) If no activity is to be reported, the contractor shall provide the following written determination before final payment and closecut of the contract: ,

(1) No inventions or discoveries were made, 71

4 d No. copyrights were secured, prNuced. or compo cd.

6 di Sn notices or claims of p.itent or copyright intringement have been received by the contractor or its subcontractors, and

-(4)- No royalty payments were directly involved in the contract or retlected in the i

L ' contract price to the Government, nor were any royalties or other payments paid or owed directly to I

others.

(c) The contracting officer may waive any of the requirements in paragraphs (b) (1)-(4) of a

this secti oniafter documenting the file to indicate the' -

(1) ~ Impracticality or' obtaming the document (s); and 1

'(2) Steps taken.to attempt to obtain them.

1

.l (c)- The contracting officer shall notify agency legal counsel responsible for patents l 1whenever a contractor reports any patent, copyright, or royalty' activity, and shall document the .

' official file with the resolution to protect the Government's rights prior to making any fm' al payment i

and closing out the contract.

l

' 52027.305 Solicitation provisions and contract clauses.

)

}r y

fhe contrautmg o.itidr snail m .n the c. < 2"$2 271 Draw mg . Designs.

Tecin;ation iri!L - J! 6, die"e n ed -

nh -

J e -t oecifications.

or other data will be 'deieloped and the NRC must reiam full rights to them (except for the contractori right'to retam a copy for its own uses. When any of the clauses prescribed at FAR 27.409. Solicitation Provisions and Contract Clauses, are included in the solicitation / contract, this clause will not be used.

Part 2030 - COST ACCOUNTING STANDARDS Subpart 2030.2 - CAS Program Requirements

.Sec, 2030.201-5 Waiver.

' Authority: 42 U S C.'220l; 42 U S C,5841: and 41 U.S C. 418(b).

%2030.201-5 Walter -

Requests to waive Cost Accounting Standards (CAS) requirements must be submitted to the- .

' Chairman. CAS Board by the Competition Advocate. The requests for waiver must be forwarded 3 through the Head of the Contracting Activity with supporting documentation and rationale in accordance with FAR 30.201-5.

1 1

i l

73 i

l

Part 2031 - CONTRACT COST PRISCIPI.ES ANI) PROCEDl RES

- Subpart 2031.1 . Applicability Sec. 2031.109-70 Contract clawes.

AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

. Subpart 2031.I'- Applicability t

52031.109-70 Contract clauses.

The contracting officer shall insert the clause at $2052.231-70. Precontract Costs, in all cost type contracts when costs in connect i on with work under the contract will be incurred by the contractor before the ef feetne ds.e af the contract. Approval for use of this clause must be obtained at

- one level above the contracting officer.

'Part 2032 - CONTRACT FINANCING. .

Subpart 2032.4 - Advance Payments for Non-Commercial Items

~ Sg;.-

2032.402 General.

'C

-AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

t Subpart 2032.4 - Advance Payments for Non-Commercial Items L .-

- l2032A02 General.-

74

i 6.1) . l'he J0ntr.htini O.'.'lh Jr *i:.nl itie :r.J . l ' %'. ' ,tt;t; m.mo;;i) tiy I:1.tkilip lindtilp ana Je:er:n:::.inx. . .d ' , ~ u;':n . . .

, ..-1 .

.1bi Before autnoruing any advance payment agreements. 'except for subscriptions to ,

publications, the contracting officer shall coordinate with the Office of the Chief Financial Officer.

?

' Division of Accounting and Finance, to ensure completeness of contractor submitted documentation.

Part 2033 - PROTESTS, DISPUTES, AND APPEALS Subpart 2033.1 - Protests Sec. -2033.103 Protests to the agene).

j Subpart 2033.2 - Disputes and Appeals  !

-ggg, 2033.204 Policy,

'2033.211 . Contract Claims - Contracting officer's decision.

l

- 2033.215 Contract clause.

l AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2033.1 - Protests l

(2033.103 Protests to the agency.

Protests to the agency shall first be considered by the contracting officer. In accordance with i

FAR 33.103(d)(4), the protestor may appeal the contracting officer's decision by delivering or 4

[.

75  ;

' P- ' pididmg 'd % flHeb IJyi . % b* ine .tc. . It'-.' i 0'  : e, if M .s

• ProperW Ala:Lt c:'?. .,,. 4 f

,9 . . a. ,.

1 Subpart 2033.2 - Disputes and Appeals ~  ;

i

. 12033.204 Policy.

4

' Final decisions of the NRC contracting officer on contract disputes and appeals issued pursuant' I to the Contracts Disputes Act will be heard by the Department of Energy Board of Contract Appeals  ;

~ (EBCA) pursuant to an interagency agreement between the NRC and the Department of Energy. The 1

EBCA rules appear in 10 CFR Part 1023  ;

l J

. g2033.211 Contract Claims - Contracting officer's decision.

1

- The contracting officer shall alter the paragraph at FAR 33.211(a)(4)(v) to identify the Energy

- Board of Contract Appeals and include its address: U.S. Department of Energy, Board of Contract Appeals, HG-50,' Building 950,1000 Independence Ave., SW, Washington, DC 20585, when preparing a written decision.-  ;

1 l

. 12033.215. Contract clause.

The contracting officer shall use the clause at FAR 52.233-1, Disputes, with its Alternate I, j i

where continued performance is vital to National Security, the public health and safety, critical and l 1

l i

]

76 4

numt agney pn,gamu .,ui < ~nu.o nw. . . .

. ... cy:.u. :o :n.: m

,...c,',s t ..4 e ?

SUBCHAPTER F - SPECIAL CATEGORIES OF i

CONTRACTING i

l I

Part 2035 - RESEARCII AND DEVELOP.TIENT CONTRACTING  ;

j See, 2035.70 Contract clauses.

2035.71 Broad agency announcements.

AUTHORITY: 42 U.S.C. 2201: 42 U.S.C. 5841: and 41 U.S.C. 418(b).

%2035.70 Contract clauses.  !

I ta) Thesontr.t,tmg . aiser shall m ert the following clause in all solicitations and l contracts for research and development by private contractors and unisersities and for other technical l

i

- services, as appropriate:

s ..

I i

(1) (2052.235-70. Publication of Research Results; (2) Q2052.235-72 Safety, Health and Fire Protection.

52035.71 Broad agency announcements.

(a) Criteria for selecting contractors may include such factors as:

l 77

.4 . e n ea u. x .n u -~,s-. e a + -s +. a .* .a. - , x - .~.

l 1

1! t1 ( MlQuV Jhd l . " . < " . . 14 !;JT* @ , J[j'D % , t

.-'llLJili- JJnM'ihtTalid l' UI. I u

i

, l

, plcro ai i l

i I

1 (2). Oserall scientifie. technical or economie merits of the proposal. I

<. 1 l'

$ (3) The offeror s capabilities, related experience, facilities, techniques, or unique combinations of these which are integral factors for achieving the proposal objectives.

l, (4) The qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives. l

'l 15: Potential contribution of the effort to NRC's mission.

(6) Overall standing among similar proposals available for evaluation and/or  ;

. . . i evaluation against the known state-of-the-art technology.  !

.a

'l

p (b) Once a proposal is received, communication between the agency's scientific or . j 1

engineering personnel and the principal investigator is permitted for clarification purposes only and .

.J

' must be coordinated through the Division of Contracts and Property Management.

After evaluation of the proposals, the Designating Official shall submit a j (c)

. I comprehensive evaluation report to the contracting officer which recommends the source (s) for j contract award. The report must reflect the basis for the selection or nonselection of each proposal i

-. received. J 1

L-

i. ,

)

., 78 J l' l J

SUBCHAPTER G - CONTRACT M ANAGEMENT 1 Part 2042 - CONTRACT ADMINISTRATION 1

Subpart 2042.570 Differing Professional Views (DPV) l Sec. -]

2042.570-1 Policy 2042.570-2 Solicitation and contract clauses i

-Subpart 2042.8 - Disallowance of Costs l Sec. 2042.803 Disallowing costs after incurrence.  :

J AUTHORITY: 42 U.S C. 2201: 42 U.S.C. 5841; and 418(b). l Subpart 2042.570 - Differing Professional Views 52042.570-1 Policy l

The Nuclear Regulatory Commission's (NRC) policy is to support the contractor's expression of professional health and safety-related concerns associated with the contractor's work for NRC that may differ from a prevailing NRC staff view, disagree with an NRC decision or policy position, or j

take issue with proposed or established agency practices. An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression  !

1 of a competent judgement is required to document such concerns on matters directly associated with its performance of the contract. "Ihe procedure described in 62052.242-71, Procedures for Resolving )

NRC Contractor Differing Professional Views, provide for the expression and resolution of DPVs of l

79

( ,

I

.,mraw,a.

health and safety-teiated concenn am%aw .uta me mc .on or tne ageng ny NRL contractor personnet 'or su bsontrac. " N v ei . :aanc directi) assaetated w an as pertormance of l

' the contract. The contractor shall proude a copy of the NRC DPV procedure to all of its employees I

performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. NOTE: The prime contractor or subcontractor shall submit all DPV's 3

. received but need not endorse them.

$2042.570-2 Solicitation provisions and contract clauses.

I l

l

'(a) The contracting officer shall insert the clause at Q2052.242-70, Resolving NRC l

j Contractor Differing Professional Views, in the body of cost reimbursement solicitations and contracts i

for professional services. as appropriate. This clause may not be altered by the contracting of6cer.

l

)

(b) The contracting officer shall include the clause at Q2052.242-71, Procedures for Resolving NRC Contractor Differing Professional Views, as an attachment to cost reimbursement solicitations and contracts for professional services, as appropriate. This clause may not be altered by the contracting officer.

l Subpart 2042.8 - Disallowance of Costs 52042.803 Disanowing costs after incurrence.

l 80

! i

< j

- . - - . -- .. - . - - - . . - . - - - . . . - . - ~ . - . - ~ . - . . -

t i

?@

i r -n

! ..ast ne sunnun.:d to in. sontracting ottaer q

, D i a e. Vducheri .tna in@wes subno.w m VKt  !

or designee tor' re6ew and ~apppu Jior ;u. cent 11 + mmun n W .i .oucher st mmice raises a a

question regardirip thd allowability ot' a cost submitted. tae contracting otticer or designee shall; ,

i

' ({old informal discussions with the contractor as appropriate.

o l (if If the discussions do not resolve the matter; the contracting officer shall issue a

_' (2) ' ,

notice' advising the contractor of costs disallowed. The notice must advise the contractor that it may:

ti) If in disagreement with the disallowanceisubmit a written .

t claim to the contracting officer for payment of the disallowed cost and explain why the .  ;

cost should be reindursed: or

. (ii) . lf the disagreement (s) cannot be settled, file a claim under the ' disputes clause which will be processed in accordance with disputes procedures .;

found at FAR Subpart 33.2: aad 1 .-

- . (3) Process the voucher or invoice for payment and advise the NRC Division of L Accoun' ting and Finance to deduct the disallowed costs when scheduling the voucher for payment.

'(b). ' 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.

.1 e

i

- > 81 ,

t e y .-- .

(1) One of the folhming sourses of .mtion must be pursued.

iij Accept and implement .mdit recommendations as submitted; (ii) Accept the prmeiple of the audit recommendation but adjust the amount of the questioned costs; (iii) Reject audit findings and recommendations.

(2) When implementing the chosen course of action, the contracting officer shall:

(il liold discussions with the auditor and contractor, as appropriate; (ii) If the contracting officer agrees with the auditor concerning the questioned costs, attempt to negotiate a mutual settlement of questioned costs; (iii) Issue a final decision, including any disallowance of questioned costs; inform the contractor of his/her right to appeal the decision under the

~

disputes procedures found at FAR Subpart 33.2; and provide a copy of the final decision to the Office of the Inspector General; and (iv) Initiate immediate recoupment actions for all disallowed costs owed the Government by one or more of the following methods:

82

1 i, R . . , . . -- . : r .. . . e sta ,,

mffseti .md an .ideouate de<ctuu a explananon of the adjustment against l

amounts Niled the Government f oi the nest or other future mvoicem submitted under the contract for which the disallowed costs apply (B) Deduct the disallowed costs from the next invoice submitted under the contract; (C) Deduct t le disallowed costs on a schedule determined by the contracting officer after discussion with the contractor (if the contract-ing officer determines that .an inur.ediate and complete deduction is inappropriaten and (D) Advise the contractor that a refund is immediately payable to the Govemment (in situations where there are insufficient payments owed by the Government to effect recovery from the contract).

Part 2045 - GOVERNMENT PROPERTY Subpart 2045.3 - Providir.g Government Property to Contractors g

2045.370 Providing Government property (in general).

2045.371 Property Accountability Procedures AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

83 L ..

L' s.

[ i L' Subpart 2045.3 -~ Prmitting Gus erninent l'ropert.s to Contrae: ors  ;

i-L 4

~

?

12045.370 Prmiding Gmernment propert) tin generah, t

<an ' Unless otherwise proiided for in F AR 45 302-l(di. applicable to Government facihties 1

with a unit cost of less than $10.000, a contractor may be provided Government property or allowed to - y

)

j

. purchase the property at Government expense upon determination made by the contracting officer with the advice of the agency property official that: l

' (1) No practicable or economical alternative exists; e.g., acquisition from other j

' l sources, utilization ufyubcomr,wtors. rental .'f property. or modification of program project - ll requirements; i

(2). Furnishing Government property is likely to result in substantially lower costs -

to the Government for the items produced or services rendered when all costs involved (e.g.,

transportation, installation, modification. maintenance, etc.) are compared with the costs to the Government of the contractor's use of privately-owned property; and

.(3) The Government receives adequate consideration for providing the property.

?

$2945.371' Property Accountability Procedures.

f

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)

s

' Y-J

," a

+ . , . . . . ..

t

.. t 550 Im th> The contrac:or shall send a sop) of eash 1 inanaal Status Report (NRCAR 2052.211-72, and 2052.211 72 Alternate 1) to the Chief. Property and Acquisition Oversight Branch. Division  ;

of Contracts and Pioperty Management. which references the acquisition of, or change m status of, contractor-held property purchased with g' overnment funds valued at the time of purchase at S50,000 or more. ,

l i

I SUBCHAPTER H - CLAUSES AND FORMS l l

l

-Part 2052 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES l i

Subpart 2052.2 Text of Provisions and Clauses Sec. )

2052.200 Authority. l 2052.204-70 Security. .

2052.204-71 Site access badge requirements. l 2052.209-70 Current /former agency e.nployee involvement.

2052.209-71 Contractor organizational conflicts of interest (representation). ,

l 2052.209 72 Contractor organizational conflicts of interest.

2052.211-70 Preparation of technical reports.

2052.211-71 Technical progress repon.

'2052.211-72 Financial status report.

2052.214-70 Prebid conference.  !

2052.214-71 Bidder qualifications and past experience.

. 2052.214 72 Bid evaluation.

2052.214-73 Timely receipt of bids.  ;

, 2052.214-74 Disposition of bids.

2052.215-70 Key personnel.

- 2052.215-71 Project officer authority.

2052.215-72 Timely receipt of proposals.

2052.215-73 Award notification and commitment of public funds, 2052.215-74 Disposition of proposals.

j-l ' 2052.215-75 Proposal presentation and format.

! 2052.215-76 Preproposal conference.

85-E

P 2052.215 ~; i ca.a apprm.m . .~ :cannutemem ,

i 2052.215-73 . . . . . . ;, r . . . . a . - - . . ' wraate I

2052,215.'u C m . . m arJ 6 aum pr.i.. sah 2052.216-70 1.evel of ettort.

2052.216 71 Indirect cost rates.

2052.216 72 - Task order procedures.

2052.216-73 Accelerated task crder procedures. I 2052.222 70 Nondiscrimiriation because of age.

2052.227.70 Drawings, designs, specifications, and other data 2052.231 70 Precontract costs. l 2052.235-70 Publication of research results, )

2052.235-71: ' Safety, health, and fire protection.

2052.242-70 Resolving NRC Differing Professional Views -  !

-2052.242-71 Procedures for Resolving NRC Differing Professional Views - l l

' AUTHORITY: 42 U.S.C. 2201: 42 U.S.C. 5841: and 41 U.S.C. 418(b). i Subpart 2052.2 - Text of Provisions and Clauses i

i i

. 82052.200 Authority.

52052.204-70 Security, , i

)

As prescribed at s2004.404(a), the contrac;ing officer shall insert the following clause in l 1

- solicitations and contracts during which the contractor may have access to, or contact with classified

' information, including National Security information, restricted data, formerly restricted data, and other classified data:

Security (Date) .

I g .(a)1 Security / Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime E6

(

-e

i

. .omrac;or . sunwa:ue: rs

- . weis - . m- . ' , ' SRC .muu; m

rebtionship that reunire< uey - ~ne'- *' *r- *

,e on a cominump hasis iin

. excess of 90 or more da: o to NRC lleadquarters contrmied bmidmp. or otherwise reouires NRC -  !

4

- ' photo identification or 6td key badges. '

i k it is the contractor's duty to safeguard National Security Information, Restricted Data, l and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security  ;

J i

regulations and requirements, be responsible for safcguarding National Security Information, m .

- Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the i

i ) Eperformance of work under this contract. Except as otherwise expressly provided in this contract, the

' contractor shall, upon completion or termination of this contract. transmit to the Commission any classified matter in the possenion of the contractor or any person under the contractor's controlin connection with performance of this contract. If retention by the contractor of any classified matter is l required after the completion or termination of the contract and the retention is approved by the contracting officer, the contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained. The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and l

1

' their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.

l

.e

. In connection with the performance of the work under this contract, the contractor may (c)

- be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged q,

i i M=W, business, or financial information, including Commission plans, policies, reports, financial l

n. g7

,s  ;

pLms. mternal data pnwa ' . u - .' ne - .~ ,

- i(, 3c w;f ,.) ~ , ,e . , a n 3,, 3,.mpt from disclosure to the pubde. The comracwr agrees to hold the information in confidence and not to directly or indirectly duplicate. dissemmate. or ' hseiose the informanon m whole or in part to any other person or organizauon except a3 may be necessary to perform the work under this contract. The  :

contractor agrees to return the information to the Commission or otherwise dispose of it at the

' direction of the contracting officer; Failure to comply with this clause is grounds for termination of {

- this contract. 1 (d)- Regulations. The contractor agrees to conform t'o all security regulations and j

requirements of the Commission which are subject to change as directed by the NRC Division of 1

Facilities and Security and the Contractine Of ficer. These changes will be under the authority of the l

FAR Changes clause referenced ni hiion I or tha document. q

]

(e). Definition of National Security information. The term National Security Information.

l  :

as used in this clause, means information that has been determined pursuant to Executive Order 12958 ,

1 i

l: or any predecessor order to require protection against unauthorized disclosure and that is so i ' designated.

(f) ' Definition of Restricted Data. The term Restricted Data, as used in this clause, means li

- all data concerning design, manufacture, or utilization of atomic weapons; the production of special  !

nuclear material; or the use of special nuclear material in the production of energy, but does not 4 include data declassified or removed from the Restricted Data category pursuant to Section 142 of the l Atomic Energy Act of 1954, as amended.

'k 88 ,

i e

..w- .,

p Definmon of Formern Re a. m .>a.a u '. arm : LJO Res..i ted Da:a. as aseu

- - .>- .t, 's,. .i.. <...m., u Sd of'he Atomic Energy Act at 1954 as amended

'th; Security clearance personnel. The contractor may not permit any individual to have ac ess to Restricted Data, Formerly Restricted Data. or other classitied information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is 1

- required, The contractor shall also execute a Standard Form 312, Classified Information Nondis- j I

closure Agreement, when access to classified information is required.

i (i) Criminal liabilities. It is understood that disclosure of National Security Information.

- Restricted Data. and Formerly Restricted Data relating to the work or services ordered hereunder to i

any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other classified matter that may come to the contractor or any person under the I contractor's control in connection with work under this contract, may subject the contractor, its i

agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the L:

b Atomic Energy Act of 1954, as amended. 42 U.S.C. 2011 et s' eq.; 18 U.S.C. 793 and 794; and l

l Executive Order 12958.)

l 1

L.

i  !

I ' (j) Subcontracts and purchase orders. Except as otherwise authorized m wntmg by the )

l

$ j L

contracting officer, the contractor shall msert previsions sumlar to the foregoing in all subcontracts and purchase orders under this contract.

I 3

89 i

s ~ g

)

ike ~ In periormmg me star.a. 4.u. ..- ,. m ..assa au mmem . maw:.a . ,

aad 'eil uipmeat othmu.ed " *

'ce "'

s

~- '-

' acW m wub euidance iuned hv the Commission Esery subcontract and purJia e drder h ed hereunder mvolving the ongmation or generation of classitied documents. material, and equipment must proude that the subcontractor or supplier assign classitication to all documents. matenal and equipment in accordance with guidance furnished by the contractor.  !

1 i

r

'(End of Clause) 12052.204-71 Site access badge requirements. ,

l As prescribed at s2WR404th). the coritracting shall insert the following clause in all-solicitations and contracts under which the contractor will require access to Government facilities.

The clause -may be altered to reflect any special conditions to be applied to foreign nationals:

1 i

1 Site Access Badce Reauirements (Jan 1993)  ;

i

- During the life of this contract, the rights of ingress and egress for contractor personnel must i

be made available as required. In this regard, all contractor personnel whose duties under this contract j i

require their presence on-site shall be clearly identifiable by a distinctive badge furnished by the  !

Government. The Project Officer shall assist the contractor in obtaining the badges for the contractor f personnel. It is the sole responsibility of the contractor to ensure that each employee has proper iden-tification at all times. All prescribed identification must be immediately delivered to the Security l

- Office for cancellation or disposition upon the termination of employment of any contractor personnel. ,

l N

i I

u; : .c.  ;

CUmractor penn.. .. . . , i . .

t@rcontract it % "'; m"ruto , .Wh 30 aunt: N.. a tor nere ud enter oni 3those work areas l necewary for perforniance of Jontrast work and to assa e the safeguardmg of any Government records or data that contractor personnel may come into contast with.

l (End of Clause) J l

62052.209-70 Current /former agency employee involvement.

1 j

)

As prescribed at $2009.105-70, the contracting officer shat! insert the following provision in 4

all solicitations: ,

)

Current Former uenev Emplovce involvement (Date) i i

1 (a) The following representation is required by the NRC Acquisition Regulation 2009.105 -

70(b). . It is not NRC policy to encourage offerors and contractors to propose current /former agency employees to perform work under NRC contracts and as set forth in the above cited provision, the use 4 of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and' task orders.

l(b). There (:) are ( ) are no current /former NRC employees (including special Government employees performing services as experts, advisors, consultants, or members of advisory committees) who have been or will be involved, directly or indirectly, in developing the offer, or in

. negotiating on behalf of the offeror, or in managing, administering, or performing any contract, con-1 L.

91 l l

4 I

. - . . . - - , , , . .- - . . . - , ~. - -.--

(

4- .aua. . cat .::;,..

saltant aereemem. st4avmr . :v .. c . , .

J: i

. ne:- m e ' m m .e the

-Te.hnie.d and Nia a:c: . xi-- ", ',ar . .

mdiskl ual. the Itidnidu.d s tule winie emihs o, ed ny inc MC. tne date mdiuduai lett NRC. and brref i

Ldescription of the individual's role' under this proplisal. , ,

tend of Provision)

.l

' 92052.209-71 Contractor organizational conflicts of interest (representation).

I I

t /

As prescribed in #2009.570 4(bi and #2009.570-8. the contracting officer must insert the following provision in applicable solicitations and in contracts resulting from unsolicited proposals.

The contracting otticer must aiso melude the following in task orders and contract modifications for new work!

Contractor Orcanizational Conflicts of interest Representation (Date) 1 I rcaresent to the best of my knowledge and belief that:

of a contract or the modification of

.The award to .

an existing contract does / / does not / / involve situations or relationships of the type set forth in 48 CFR 2009.570-3(b).

. ~

d 92 S

,[ -  ; "

(, ; .. .

i: . ; : .: . . . . .

f. .a, , , ,

p 9 potential organirananal'contlIct of mterest emt the o; or shau proude a statement in writmg

,which desertbe> m a ' concise manner all reles ant factors bearing on his representation to the contracting officer. If the contracting officer determines that organizauonal contlicts exist. the following actions may be taken:

(1) Imy 'e appropriate conditions which avoid such conflicts, (2) Disqualify the offeror, or

<3i Determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver prosisions of 48 CFR 2W9-570-9.

(b) The refusal to provide the representation required by 48 CFR 2009.570-4(b), or upon request of the contracting officer, the facts required by 48 CFR 2009.570-3(b), must result in

. disqualification of the offeror for award.

(End of Provision) 5 93

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

^

h i

s2052.209 72 Contractor organizati6nal ointhet, i.I init rest.

l-AA prescr'1beti at 42thl9 4~44 ai and 52f M F) ft)-s, the contractine otticer niust i'wert the

. following clause in all applicable solicitations. contracts. and simplified acquisitions of the types described: 62009.570-4tbi:

I Contractor Organizational Conflicts of Interest (Jan 1993)  ;

l l

1 1

-(a) ' Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

1 t1). .!> not placed in a conflicting role because of current or planned interests j

. (financial, contractual.~ organizational, or otherwise) which relate to the work under this contract; and l

(2) .Does not obtain an unfair competitive advantage over other parties by virtue of s

- its performance of this contract. i E

'(b)'- Scope. The restrictions described apply to performance or participation by the i

contractor, is defined in 48 CFR 2009.570-2 in the activities covered by this clause.

l (c). - Work for others.

(1). Notwithstanding any other provision of this contract, during the term of .his i

contract the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organir.ation, the result of which may give rise to a conflict of interest with respect tol l

94 l

- , . . .- . . . - . ..- - . - ~ . . ~ - .

a b

~ arobems peridrmeo u,Ler ...N..n: . . .. . i. .. ut a,.  :.mo:. ces . c :. ,

,,.v.;, ,8 % m .. e

~." . .. n . n <h r Ji .s e 1- sur ,

..ron u beha e with respect to Y

itself or any employee that any proposed consultam or o her wntractual arrangement with any firm or

.. organization may invohe a potential conflict of interest. the contractor shall obtain the written approval of the coidracting oftieer before the execution of such contractua' arrangement 1

(2) The contractor may not represent, assist,' or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review w'here the activities that are the subject of the audit, inspection or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate), except where the NRC licensee or applicant -

. requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions.

1 (3)' When the contractor performs work for the NRC under this contract at any -

~ NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicans organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, er last time at the site (if not a task

. order contract).

When the contractor performs work for the NRC under this contract at any l (4).

NRC licensee or applicant site,'- l i

j (i) The contraccor may not solicit work at that site for that

,;- 95 p

. Ikensee or apphedm Jurmd :h) pened ;u ' ;an.. me -

ec . Ine . mraa .n appt. innate

<'. The smrastor inay not perform work .it the.t site for thatlicensee or

' applicant during tiie period of performance of the task order or the contract. as appropriate, and for one year thereafter.

(

a

-(iii) Notwithstanding the foregoing, the contracting officer may authorize ,

the contractor to solicit or perform this type of work (except work in the same or similar technical

• L area) if the contracting officer determines that the situation will not pose a potential for technical bias

~

or unfair competitive advantage.

(d) Disclosure after award.

y

., . .e

" '(1) . - The contractor warrants that to the best of its knowledge and belief, and except ,

- as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as  ;

defined in 48 CFR 2009.570 2. 1 T(2) The contractor agrees that, if after award, it discovers organizational conflicts I' of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the i

conteting officer. This statement must include a description of the action'which the contractor has

~

p ~ taken'or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the w

icomract if termination is in'the best interest of the Government.

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y es

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- .. ... . .~ .~., , - .- - _ . ~ . . . . . ~ - - - . . - . .~ ~ . . - . .~.-.-._.c f[ p.

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s a, it w re ,. e n./ t : , u m- . . . .n ra , ne ... m p Yt? -

ge7.:s.mei.4km M ~um,o e *

.m .w. n:e: pe . m.1, t. re

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outractor agrees 'that@,uli JacliAe ail prop wed nea - rk inusing NRC licensees or applicants i

which conies within the scope et work of the underlying contract. Further, it this contract involves

-)

4

. work at a licen3ee or'appheant site. theiontractor agrees to esereise diligence to discover and disclose any new work at that licensee or applicant sites This disclosure must be made before the submission  !

of a bid or proposal to the utility or other regulated enti.ty and must be received by the NRC at least 15 m

n .. .

3: , , days before the proposed award date in any event, unless a written justification demonstrating urgency

~

L and due diligence to discover and disclose is provided by the contractor and approved by the

[, f contracting officer; The disclosure must include the statement of work, the dollar value of the :

. proposed contract, and any other documents that ah needed to fully des ~cribe the proposed work for Lthe regulated' utility or other regulatede' ntity: NRC may deny approval of the disclosed work only

-when the NRC has issued a tad order wiuch includes the technical area and. if site-specific, the site.

or has plans to issue a task order which includes the technical area and, if site-specific, the site, or  !

i

~

when the work violates paragraphs (cH2)' (cx3) or (c)(4) of this section.

.g

- (e)- Access to and use of information.

y 33 (1)- If in the performance of this contract, the contractor obtams access to mforma- l i

4 tion, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the i 1

)

Privacy. Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.

3 Section 552 (1986)), the contractor agrees not to:

<t b l t  ;

" l 99 5

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.- . , ,. m ,w-r - ,r. - - ----e

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. a;% mn. ..'. . .m:.a .. . ,

l i g.. . 4 ,yt . g ,,,.4 $ j ...h'+

nii Compete for work for the Commission based on the information for a 4

. period of six months atter either the complenon of this contract or the release of the information to the public, whichever is first:

(iii): ' Submit an unsolicited proposal to the Government based on the .

information until one year after the release of the information to the public; or iivs. Release the information without prior written approval by the Econtracting officer unless the information has previously been released to the public by the NRC.

(2). ' In addition. thq contractor agrees that, to the extent it receives or is given access to proprietary _ data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988))..

or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged

technical, business l or financial information under this contract, the contractor shall treat the

~

information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall

~

have the right to use technical data it produces under this contract for private purposes provided that l all requirements of this contract have been met.

4 98

.:i Num.m :.c 1. s . ;r. ' < - , ' -  : " wr m . i

.u. gx g n ., .u. ,r,- # .., , -

1: m comract. contractor and l

contractme enker. mus Se appropria'e o@ '

ers Se O . nmentN tiehts J

J

-(g) Remedies. For breach of any of the abose restrictions. or for intentional nondi, i 1

closure or misrepresentation of any relevant interest required to be disclosed concerning this contract l or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent cointractual efforts, and pursue other i

I remedies permitted by law or this contract.

th) Waiser. A request for waiver under this clause must be directed in writing to the I

contracting of6cer in accordance with the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor

.: 99

i r-may not incorporate 1ts'produw or erisco m 'he state en of wrk .c peeni,n.ns ante , , ,

.)

' 'n>. .o- c.er ci,; )

..J o. r tt:' _ _ m ,

i apply. i l

I t .

(2) . Lthing m this paragraph precludes the contractor from offering or selling its 4

standard commercial items to the Government. i l

. 1 (End of Clause) 92052.211-70 Preparation of technical reports /

As presenhed at e241! nu o.hthe contracting officer shall insert the following clause in l

solicitations and contracts when debierables melude a technical report. . The contracting of6cer may alter this clause prior to issuance of the solicitation or during competition by solicitation amendment, insignificant changes may also be made by the contracting officer on a case-by-case basis during j

i

negotiation, without solicitation amendment. I y

Preparation of Technical Reports dan 1993)

All technical reports required by Section C and all Technical Progress Reports required by Secuan F are to be prepared in accordance with the attached Management Directive 3.8, " Unclassif.;

Contractor and Grantee Publications in the NUREG Series." Management Directive 3.8 is not  !

applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may b included in this contract. (See List of Attachments).

/

100 m

.) ,

,1

m . . . _ _, . ___ _ . _ . . - . _ _ _ _ _ _ . . _

l *

y. v ,

52052.211-71. Technical progress report.

As prescribed at #2011.104 70(b), 'the contracting officer shall insert the following clause in all solicitations and contracts except firm fixed price or indefinite delivery contracts to be awarded on a time-and-materials or lab-hour basis, or which provide for issuance of delivery order: ',r specific .

. products / serviced line items. The contracting officer may alter this clause prior to issuance of the

~

solicitation or during competition by.' solicitation amendment. Insignificant changes may also be made by the contracting officer on a case-by-case basis during negotiation, without solicitatioit amendment.

f Technical Procress Report (Jan 1993).

The contractor shall provide a monthly Technical l'rogress Report to the project officer and the contracting officer The report is due within 15 calendar days after the end of the report period and

- must identify the title of the project, the contract number, appropriate financial tracking code specified by the NRC Project Officer, project manager and/or principal investigator, the contract period of

- performance, and the period covered by the report; Each report must include the following for each discrete task / task order:

hde or, if A listing of the e forts completed during the per i od, an d il m estones reac

.(a)

missed, an explanation provided:

J

+

c 101

{:

m7 -

'. I5(~

3[,s I

- \:z.pr.vi!cin-:abanc:s. ..e :ce..nb :: canons tk

.-- i h r .

reolution : If the reenmmended :-ie. : o - .nract .odaicanon, e ; hange m wri.

requirenienti lesel nf effort icosu or schedule delay c the contractor shall submit a separate letter to

the cotitracting otticer identil'>ing the re_ quired-change and estimated cost impact.

& -(c) A summary of progre.ss to date; and

~

.(d' ) - Plans for the next reporting period.

4 n'

- (End of Clause) ;

12052.211-72 Financial status report.

m -

3g

/

'As prescribed at $2011,104 70(c). the contracting officer shall insert the following clause in

. applicable ' cost reimbursement solicitations and contracts when a detailed assessment'of costs is .

warranted and a contractor spending plan is requit d. The contracting officer may alter this clause and

' Alternate 1 of this clause prior t'o issuance of the solicitation or during competition by solicitation

~

amendment.L Insignificant changes may also be made by the contracting officer on a case-by-case basis VN j during negotiation, without solicitation amendment.-

t 3 f W

~

Finwial Status Report (Date) 1 k

F-'

102 i j

.l

- . . . .. - . . - - -. ~.~ ,. -

l i

p-. I he contrastor shal' proude a nn ir. i . n...atatus Rep. n 41% to Ine proje,t .ut;ar and. l i

i ; , ".. . . . . .

l the contractii6m"~ - D tsR -haliIN A N "on - - Nnces in the tatus oi;  ;

I contract 6r-held property uquired with gosernment : ands salued at the tinie of purchase at 550.000 or more. Wheneter_ such propaty ebanges occur. the contractor shall send a copy of the report to the

.{

1 Chief.

Property and Acquisition Oversight Branch. Office of Administration. The report is due within

' 15' calendar days after the end of the report period and must idenuty the title of the project, the - j

. I contract number, the appropriate financial tracking code (e.g., Job Code Number or JCN) specified by Lthe NRC Project Officer, project manager and/or principal investigator, the contract period of q l

. performance, and the' period covered by the report.~ Each report must include the following for each'-

discrete task:

1 l

ta) Total estimated contract amount.

(b) Total funds obligated to date. -) 1 I

.(c) Total costs incurred this repor:ing period.

I (d) Total costs incurred to date.

(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract. i

,- (f) Balance of obligations remaining.

n c i i 103

i ll .

j lO '

igs 15dl.tacL'offundsredulIed D' #U'@-

t'!NIdd '. l'h '" dCI l 1

l l

L- ihi Conirasior Spendine Plan <CSPi statav A resised CSP is required with the

]

Financial Status Report whenever the contractor or the contracting officer has reason to believe that

-'the total cost for performance of this contract will be either greater or substantially less than what had been ,previously estimated. l l: _ -

g d

'(1) Projected percentage of completion cumulative through the report period for the project / task order as reflected in the current CSP..

l i

, iL Indicate significant changes in the original CSP projection in either dollars or percentage of completion ' Identify the chance. the reasons for the chance, whether there is any' projected overrun, and when additional t'unds would be required. If there have been no changes to the i

original NRC-approved CSP projections, a w ritten statement to that effect is sufficient in lieu of submitting a detailed response to item "h".

(i). Property status:  ;

I (1) List property acquired for the project during the month with an acquisition j cost between $500 and $49,999, Give the item number for the specific piece of equipment. ,

i l

(2) Provide a separate list of property acquired for the project during the

. month with an acquisition cost of $50,000 or more. Provide th- following information for each item

" of property: item description or nomenclature, manufacturer, model number, serial number, e

I'"

f s.;q m unyn m t: and be.e ; h e ,

. .. :u:x: c;. .

- in +,u pfeet,: . 9tr 1 N J.m w w . i te- t m x nw: ent si per:nner.c

. equipment which is part 01 a . Mam ors tem 'mo

~

!(3) 1 or multi-year projects. in the September monthly financial status report '

pr vide a cumulative listmg of property with an acquiituon cost of 550.000 or more showmg the Labo've information..

.2,. .,

(4) In the final financial status report provide a closeout property report

'containing the same elements as described abo' ve for the monthly financial status reports, for all

. property purchased with NRC funds regardless of u!ue unless title has been vested in the contractor.

If no property was acquired under th'e contract, provide a statement to that effect. The report should note any property requiring .spe..al handling for securny. health. safety, or or.her reasons as part of the report.

(j) Travel status: List the starting and ending dates for each trip, the starting point and destination,^and the travelerts) for each trip.

(k) If the data in this report indicates a need for additional funding beyond that already obligated,ihis information may only be used as support to the official request for funding required in accordance'with the Limitation of Cost (LOC) Clause (FAR 52.232-20) or the Limitation of Funds .

(LOF) Clause FAR 52.232-22.

(End of Clause) 105 j i

- ]

L 1

\llerildte I ill if t')

1

\s prescribed in Co! ! lo4 ~m . .  :

. . ntras otticer ha in ert the foll< ming clause in applicable cost reimbursement sohcitauons and somracts ahen no contractor 3pending p required:

financial Status Report - Alternate I (Date)

The contractor shall provide a monthly Financial Status Report (FSR) to the Projec and the contracting officer. The FSR shall include the acquisition of, or changes in the contractor-held property acquired with government funds valued at the time of purchase at more. Whenever such changes occur. the contractor shall send a copy of the report to the C Property and Acquisition Osersight Branch, Office of Administration. The report is due wit calendar days after the end of the reporg period and shall identify the title of the project, th number, project manager and/or principal investigator, the contract period of performance, an period covered by the report. Each report shall include the following for each discrete task:

(a) Total estimated contract amount. s (b) Total funds obligated to date.

t (c) Total costs incurred this reporting period.

(d) Total costs incurred to date.

106

\lternate i llbten-'

~

-M prsenhed in D111 b1L% the entractm of6cer shall insert the following clause in

~

A applicable cost reimbursenient .ohenations and sontracts abbn no contractor spending plan is required:

4

. Ein. ancial Status Report - Alternate 1 (Date) i The contractor shall provide a monthly Financial Status Report (FSR) to the Project Officer

~

and the contracting officer? The FSR shall include the acquisition of, or changes in the status of, contractor-held property acquired with government funds valued at the time of purchase at S50,000 or

-more. Whenever such changes occur, the contractor shall send a copy of the report to the Chief.

' Property and Acquisition Oversight Branch Of6ce of Administration.' The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract

- number, project manager and/or principal investigator, the contract period of performance, and the period covered by the report. Each report shall include 'he t following for each discrete task:

(a) Total estimated contract amount. s-(b) Total funds obligated to date.

p (c) Total costs incurred this reporting period.

(d) Total costs incurred to date.

106 f

4

q .

. ici iv.aiof all dire.t and r.de.. . .e . . ;.. :.p rhng perma :..:

ennte vntite.'or n:S ud. im w - t C e- - '

tfi Odldih;e UI obligJuoth reknJImDy.

~

I L

jgiBalance of funds required to complete contract < task order.

i.

(h) Property status:

, (i) Property status:

e 4 :- J1) List property acquired for the project during the month with an acquisition n

M '

cost between 5500 and 549.999.R Gne the item number for the specific piece of equipment..

(2) : Provide a separate list of prope_rty acquired for the project during the month with an acquisition cost of $50,000'or more. ' Provide the following information for each item e

. of property: item description or nomenclature, manufacturer, model number, serial number, L acit uisition cost, and receipt date. If no property was acquired during the month, include a statement

. to that effect. ' Note: The same information shall be provided for any component or peripheral equipment which is part of a " system or system unit."

(3) For multi-year projects, in the September monthly financial status report

~

f s provide a cumulative listing of property with an acquisition cost of $50,000 or more showing the above information.

aJ!9 107 w y

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4 y

a.t . =In the - , .u n. ii. . ., . # u. .. . rap -

containmg the <ame element ( a .ucs.@ed . inn e for th. ,onthn > manJai status reports for all-property purdUsed with NRC tune regardles of value .nless title has been vested in the contractor.

'If no property was acquired under the contract. proside a statement to that effect. The report should note any property requiring special handling for security. health, safety, or other reasons as part of the report.

(j) Travel status: List the starting and ending date for each trip, the startine point -

' and des'ination, t and the traveler (s) for each trip.

(k) If the data in this report indicates a need for additional funding beyond that already obligated, 'his t informati'on may' only be used as support to the official request for funding required in

accordance with the Limitation of Cost' t LOC) Clause (FAR 52.232 20) or the Limitation of Funds i (LOF) Clause FAR 52.232-22.

(End of Clause) v 52052.214-70 Prebid conference.'

. As prescribed at $2014.201-670(a), the contracting officer may insert the following provision

'in invitations for bids which require a prebid conference:

1

},

L 108 s

3 16emd Gmeremc . +0 g-(af A prebid conference is wheduled f6r:

Date:

Location:

Time:

6 .

- (b) This conference is to afford interested parties an opportunity to present questions and

. clarify uncertainties regarding this solicitation. You are requested to mail written questions concerning those areas of uncertainty which. in your opinion, require clarification or correction. You 4

are encouraged to submit your questions in writing not later than working day (s) prior to the conference date. Receipt of late questions may result in the questions not being answered at the conference although they will be considered in preparing any necessary amendment to'the s' olicitation.

If you plan to attend the conference, notify

• by letter or telephone * , no later than close of business

• Notification of your intention to attend is essential in the event the conference is rescheduled or canceled. (Optional statement: Due to space limitations, each potential bidder is limited to *

+ representatives at the conference.)

4 (c) Written questions must be submined to:

U.S. Nuclear Regulatory Commission

' Division of Contracts ar.d Property Management

. ATTN: *-

u

e,:m , ,o g  ;

j;;

p $1ailSihp.!~10 r

Naihdigtnn. DC M55 :

- ; L-

.4,

.!The envelope must be inarked " Solicitation No. " .I Prebid Conference."

. (di[

t (e)' -d transcript of the conference will be turnished to all prospective bidders through the

. . , ~

issuance of an amendment to the solicitation.

ci; y" : c .

• To be incorporated into the solicitation.

i

> I y .

(End of Provision)

TW %, .

- . b:

gq

' 92052.214-71. Bidder q alifications and 'past experiences.

, i 7

' As prescribed in 12014.201-670(b), the contracting officer may insert the following provision on an optional basis to fit the circumstances of the invitation for bid.'

Bidder Oualifications and Past Experiengs (Date) 4 3'.'

L(a) .

- The bidder shall list previous / current contracts performed within the past

• years

• (with no omissions) in which the Bidder was the prime or principal subcontractor. This information

'- wiki assist the contracting officer in his/her Determination of Responsibility. ' Lack of previous / current 3 .

c

" y' contracts or failure to submit this information will not necessarily result in an unfavorable

'f, Determinahan of Responsibility.

.j.

f' r' ,

110

~).

G< ..h..

a d _ _ _ _ _ _ _ _ _

_' .' 4

,s. -

l 2 -

i f nr I,;; :M a ay ., * :- . .. +. . ~ . _; :1: , . . . :: . ; ,,,,;e l

l r

. .! L Comract W l, t2r Contract performanse dates: l

4  ;

.t. .. ,

' Qi' Estimated total value of the contrast ibase plu3 all option year >;: ,;

a (4) .-Biief dbscription of. work performed under the contract:

(5) Contract Standard Industrial Code:

i 1 . (6) ' Name and address of  !

. Government agency or 1

commercial entity:

47F Technical Point of Contact and e current telephone numbert (8) Contracting Officer name and 1

l current telephone num'ber:

1

.S ..

i:

,- (c). - The bidder shall also provide the i.ame, title and full telephone number of its technical representative and contracts / business representative:

i:

e i

!. (1). Technical Representative name: ,

b ^

Title:

jf Telephone No.( ) .

.n I

[

TContracts/ Business -

f(2)

Representative name:

r 6>

• i 1

. 111 1 l

r

,{

. ,,w.. .- i.-.

~

l e

lit:e; .j

.I T31enhond % i i. .l t

f 1

'To be inclirporated into the solicitation .,

?

w..

(End of Provision) j J

1

$2052.214 72 Bid evaluation.

1 i

As prescribed at Q2014.201-670(c), the contracting officer shall insert the following provision i

. in applicable invitations for bi_ds (paragraph 7f)" of this provision is optional):

i j

Bid Evaluation iJan 1993) ' .

i 1

i" '(a) Award will be made to that responsive, responsible bidder within the meaning of FAR l

.i Subpart 9.1 whose total bid amount, as set forth by.the bidder in Section B of this invitation for Bid i

(IFB), constitutes the lowest overall evaluated final contract price to the Government based upon the  ;

l l

. requirements as set forth in the schedule. Bids will be evaluated for purposes of award by first l l

7 ascertaining the sum of the total amount for each of the items specified in Section B of this solicitation.

lThis will constitute the bidder's " Total Bid Amount."

i i

j E' (b) Bidders shall insert a definite price or indicate "no charge" in the* blank space provided for each item and/or sub-item listed in Section B. Unless expressly provided for herein, no additional 4

112 i

r- 1 l i 1

i l

l- )

1 charge w dl be allowed for. work perfor:Nd u:w . . . N w ".2n the umt pues - upuked w p

each such item and or (un-Nem .

L (e t Any bid which is materially unbalanced as to price for the separate items specified in Section B of this IFB may be rejected as nonresponsive. An unbalanced bid is defined as one which is hased on prices which, in the opinion of the NRC, are significantly less than cost for some work

- and/or prices that may be significantly overstated for other work, i

1 m

Separation charges, in any form, are not solicited. Bids containing charges for

(d).

discontinuance, termination, failure to exercise an option, or for any other purpose will cause the bid to be rejected as nonresponsive.

.(e)  : A preaward onisite survey of the bidder's facilities, equipment, etc., in accordance L

with FAR 9.105 and 9.106 may be made by representatives of the Commission for the purpose of  !

determining whether the bidder is respon.ible within the meaning of FAR 9.1, and whether the bidder t

possesses qualifications that are conducive to the production of work that will meet the requirements. -

" specifications, and provisions of this contract. - Also, if requested by the Commission, the prospective l

contractor may be required to submit statements within

• hours after receiving the request: 1 (1) Concerning their ability to meet any of the minimum standards set forth in l

FAR 9.104, (2). ' Samples of. work, and l.

l l

l y .

I-113 p

I d,. Na.nec.c.e were ' . . . .. n,;;g a;;a . , , ne , -

commercial tirm< whikh the hidder o now dome m na.- me h:en , eh J

t_ f) Ltwillstanang paragraph ibi ot .this section, the award of any contract resulting from -

this solicitation will be made on an all or none" basis Thus, bids submitted on fevcer than the items listed in Section B of this IFB, or on fewer than the estimated' quantity, will cause the bid to be

- rejected as nonresponsive.-

'To be inserted into solicitation. j l

(  ;

l 1End of Provision) l l

l d

f 2052.214-73 Timel> receipt of bids.

As prescribed at s2014.670(b), the contracting officer shall insert the following provision in I

' all invitations for bids:

Timely Receipt of Bids (Date a_ j l

I Scaled offers for furnishing the services or supplies in the schedule are due at the date and

' time ctated in block 9 of Standard Form 33, Solicitation, Offer and Award. Offers sent through the )

i U.S. Mail (including U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee)

> must be addressed to the place specified in the solicitation. All hand-carried offers including those made by private delivery services (e.g., Federal Express and Airborne Express) must be delivered to i

l jg4 l

i

. L

'the NRC Idadine de e.utm. tanon e.c M' -' i' . . Rockniki \lary).mc ; M.

xid received i.3. i' ';"~' " 'I. ;J m R r~ "o".-- ' d d #.ow e ur.itin 4 -

internal mail distnhutton or.for pick up of hand-carried Lliveries ' NRC is a <,ecure facility with perimeter access-control and .NRC personnel are innly available to receive hand-carried offers during normal working hours. 7:30 AM - 3:30 PM. Stonday through Friday' excluding federal holidays.

, z

'(End of Provision)

$2052.214-74 Disposition of bids.

As prescribed at %2014.670(b). the contracting officer shall insen the following provision in L

applicable invitation for bids

Disposition'of 3 ids; Oan 193)

'After award of the contract. one copy of each unsuccessful bid will be retained by NRC's Division of Contracts and Property Management in accordance with the General Records Schedule

3(srb).- Unless return of the additional copies of the bid is requested by the bidder upon submission of the bid. all other copies will be destroyed. This request should appear in a cover letter accompanying the bid.

(End of Provision) l~

l ,,

62e52.215-79. Key persommel 8

i

,%. , 115 r

F o

i As presermed at 42015 2w h r h 'h e 4 ti er snau msert n wticnauens and t

,.-.,, s . ,o y ...j. , , . . ~ - ge

. . ,. ; ,. en' -

l'  :

.t Kev Personnel llan 1993) .f i

6

.(a) The following individuals are considered to be essential to the successful performance

of the work hereunder:

i i

l i

I The contractor acrees that personnel may not be removed from the contract work or replaced without compliance with paragraphs tb) and ici of this section.

(b) . If one or more of the key personnel, for whatever reason, becomes, or is expected to l

~ become, unavailable for work under this contract for a continuous period exceeding 30 work days, or i

is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the con-currence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications.

_- (c) - Each request for approval of substitutions must be in writing and contain a detailed

. explanapon of the circumstances necessitating the proposed substitutions. The request must also contain a e-e-;h resume for the proposed substitute and other information requested or needed by l

116 l

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

l i l .'

t' Womtracimg onka M ha.a: uw MN w 'x . . .m ' mer :a: .-e p. ..

e- '

I Lonicer Mull'.'.c m . .

- 1 nA w mmh noun m:

Jontractor of ha or hJr decision m wnung -j L .f

l. [

-ad) - If'the contracting oftieer determines that suitable and timely replacement of key - j y

l ..-

personnel who have been reassigned, terminated,"or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the r

L contract may be terminated by the contracting officer for default or for the convenience of the Govern-i ment; as appropriateJ If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

J l

i T l v

- (End of Clause)

.1

• To be incorporated into any resultant contract i

,s ',

12052.215-71 Project officer authority.

1 As prescribdd in (2015.209-70(a)(2)(i), the contracting officer shall insert the following clause I /

in applicable solicitations and contracts for cost-reimbursement, cost-plus-fixed-fee, cost-plus-award-

J fee, cost sharing. labor-hour or time-and-materials, including task order contracts. This clause and the .

i following alternate clauses are intended for experienced, trained projects officers, and may be altered  !

U to delete duties where appropriate:

1:

I.,'

r i

1. ' 117

p' .h P!OiJb! ( I!!jff r D!il. j i tla . I

.s

'i" ,

'. t d1 *The Jontracting .,f0cer J.mthorind rer: sentatn e hereinafter referred to as the project '

i a-

. officer for this contract Is;.

,. i

' Name:

f Address: 1* j Telephone Number:

1 s

(b)- Performance of the work under this contract is subject to' the technical direction of the .~

NRC project officer. The term technical direction is defined to include the following:

i l

i

, t i); Technical directios to the contractor which shifts work emphasis between areas of work or tasks l authorizes travel which was unanticipated in the Schedule (i.e., travel not -

L contemplated in the Statement of Work or changes to specific travel identified in the Statement of ..

i

' Work), fills in details, ~or otherwise serves to ' accomplish the contractual statement of work.-

'(2)' Provide advice and guidance to the contractor in the preparation of drawings, .

q L

specificationsLor technical portions of the work description.

4 J

-(3) . Review and, where required by the contract, approval of technical reports, l _ -

j drawings, specifications, and technical information to be delivered by the contractor to the f') <

~ Government under the contract.

s 118 7

2

&gn ~

l 4u I anitisai d!resima :a.- - - . era, , . . . . :.ca ' ::.,; , *

.The pnueet at6m er , oc- '

s ..". 3. n ili ' Consututes an awignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the " Changes" clause of this contract.

(3) In ~;' way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.

(4) Changes any of the expressed terms. conditions, or speci6 cations of the contract.

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.

(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC must be furnished to the contracting officer.

l o

119 ,

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

her The contr.i ts n.nl pra.. . . .e . ..e p a;. .,,s.ce 0: e.bnica due;nen, t

. dun q.cJ M :x "R..unicer m m -

w4 , ..oe.& , te prmect i

oftkerYauthorny under the proi biens .if mi .'..r..,.

l

.. .t in if, m the opinion of the contractor, any instruction or direction issued by the project ,

officer is within one of the categories as defined in paragraph (c) of this section,.the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the .

receipt of any instructior

• direction and shall request the contracting officer to modify the cor+ract J l

1 accordingly. Upon receiving the notification from the contactor, the contracting officer shall issue an 1

. appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of inis article and does not constitute a change under the " Changes" clause,

'(g) Any unauthorized commitment or direction issued by the project' officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.

.h)

( A failure of the parties to agree upon the nature of the instruction or direction or upon 1

the contract action to be taken with respect thereto is subject to 952.233 Disputes.

. .i.

'a

.(i) - In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:

i L

[P i 120

.J

. . . . m _ _ ._ -

l

'. s V  :

11 310m o: ihe .,n aS- .. . mis.: pro ren. ..uiudmg Uneillance and j

e.'n'c ',' 9 + autt :. ting ottieer changes in reqmrements '

~

. assessment of perfarmance, and (2) Assist the conirxtor in the resolution of technical problems encountered j 1

~ juring performance. )

L(3) Review all costs requested for reimbursemen; by the contractor and submit to 1

the contracting officer recommendations for approval,' disapproval, or suspension of payment for 1 1

r supplies and services required under this contract.

'(End of Clause) i 1 Alternate 1 (Date)

- As prescribed at s2015.209 70(AH2)(ii). the contracting officer shall insert the following .  ;

clause in solicitations and contracts which require issuance of delivery orders for specific . l 4

, . products / services, 1

Project Officer Authority - Alternate 1 (Date) l (a) The contracting officer's authorized representative, hereinafter referred to as the project officer, for this contract is:

Name:

Address:

x.

121

t J

Telephone Number:

i

\

u ibli The pioject officer shalt:

tli ( Place delivery' orders for items required under this contract up to the amount i

- obligated on the contract award document.

(2). Monitor contractor performance and recommend to the contracting officer _

- changes in requirements.

l l

(3) Inspect and accept products / services provided under the contract. ]

l l

i

.- (4 ) Review all contractor invoicesivouchers requesting payment for l products / services provided under the contract and make recommendations for approval, disapproval, or suspension.

" j

~(c)- ' The project officer may not make changes to the express terms and conditions of this

\

s I i contract.

1 1

.-t'.

• To be incorporated into any resultant contract  !

4 (End of Clause)

- w Alternate 2 (Date) l i

i 1

1'__

s.

I

~

. . . , _ ~ - - - . . . - . - .=. -

LAs presenbed at J2Vl5 20*.tu2 nun. the .on't : .ing of0..r dull m(ett m wh.itations for I

firm fixed price contracts. the clause at 2052.215-71 Proiect Officer Authority Alternate .I which shall .

be used with paragraph b(1) deleted and the remainder of the clause renumbered.

52052.215-72 Timely receipt of proposals.

i As prescribed in $2015.209-70(a)(3), the contracting officer shall insen the following provision in all solicitations:  !

)

l Timelv Receipt of Proposals (Date)

. Scaled offers for furnishmg the services or supplies in the schedule are due at the date and

' time stated in block 9 of Standard Form 33, Solicitation. Offer and Award. Offers sent through the  !

i U.S/ Mail (including U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee)

,i must be addressed to the place specified in the solicitation. ' All hand-carried offers including those -

.made by private delivery services (e.g., Federal Express and Airborne Express) must be delivered to l 3

Lthe.NikC loading dock security station located at i1545 Rockville Pike, Rockville, Maryland 20852 and received in the depository located in Room T-7-I-2.' All offerors shou ld allow extra time for sternal mail distribution or for pick up of hand-carried deliveries.' NRC is a secure facility with ,

, phr access-control and NRC personnel are only available to receive hand-carried offers during normal working hours,7:30 AM'- 3:30 PM, Monday through Friday, excluding federal holidays.

. (End of Provision) ~

l l

^ i 1 . ]

123-i I

E 7; '

I!

. %2052.215-73 Award notification 'and commitment of..public funds :

1 L As prescribed at s2015.209 70 (a)(4) the contracting officer shallinsert the following clause

^ '

in applicable solicitations:

n

' Award Notifientian and Cammitment of Public Funds' (Date)l f:  ;

.(a)- All offerors will be notified of their exclusion from the competitive range in accordance with FAR 15.503(a)(1). Pursuant to the requirements of FAR 15.503(a)(2), preliminary i notification will be provided before award for small business set-aside procurements on negotiated :

procurements. The contracting officer shall provide . written postaward notice to each unsuccessful y, ' offeror in accordance with FAR'!5.503(b).

(b) ' It is also brought to your attention that the contracting officer is the only individual who can legally commit the NRC to the expenditure of public funds in connection with this-l-

procurement. This means that unless provided in a contract document or specifically authorized by th

y contracting officer, NRC technical personnel may not issue contract modifications, give informal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. If n orma l c-_--M ' comnutments include

~ (1)

Encouraging a potential contractor to incur costs prior to receiving a contract;-

.f-e e

r n

4 4 4 124 t,

l,

.c

1 l

di Red 6stm: or requ . . a...u:a. ^ tii maic ..u:ue under a aintract annisut l i

tWnnliantrac; ec. a:, .1-(3): Encouraging a contrac. tor to incur costs under a cost-reimbursable contract in . l 2

excess of those costs contractually allowable; and (4): Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.

(End of Clause)

I I

I 62052.215-74 Disposition of proposals.

As prescribed in %2015.209-70(a)(5), the contracting officer shall insert the following provision in all solicitations:

' Disoosition of Proposals (Jan 1993)

After award of the contract, one copy of each unsuccessful proposal is retained by the NRC's Division of Contracts and Property Management in accordance with the General Records Schedule 3(5)(b). Unless return of the additional copies of the proposals is requested by the offeror upon p subminaion of the proposals, all other copies will be destroyed. This request should appear in a cover iener accompanying the proposal.

L 125 L

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i. 4

)

g I J

h~ t1:nd et ProsNJr ,

, .l L <

l]

52052.215-75 Propo3al presentation and format.

l. . ,

p .! ,

L . .

' As prescribed at s2015.209-70(bi(1), the contracting officer may insert the following provision

. in applicable negotiated procurements for cost type solicitations. This clause maybe tailored to each )

i

. procurement and solicitation evaluation criteria by the contracting officer to fit the circumstances of the procurement.

Proposal Presentation and Format (Date)'

' Information submitted in response to this solicitation must be typed printed. or reproduced on  ;

- (a)' )

letter-size paper and each copy must be legible. Offerors are hereby notified that all information

- provided includ'ing all resumes, must be accurate, truthful, and complete to the best of the offeror's knowledge and belief. The Commission will rely upon all representat i ons madbe yht e ffo eror otb h in

-the evaluation process and for the performance of the work by the offeror selected for award. The 4

Commission may require the offeror to substantiate the credentials, education, and employment history 5 ,

of its employees, subcontractor personnel, and consultants, through submission of copies of . )

L transcripts, diplomas, licenses, etc.

)

V (b)- The offeror must submit the following material which will constitute its offer, as defined by

• of the solicitation

FAR 2.101, in two Ep s and distinct parts at the date and time specified in i

' for receipt of sealed offers.

f I-

'126 l-L L

, + ,w.,,, - --

1 l

l l

j

.1i, Part iMki)utation Pa kr;e Oiler I wo Qi .ir:p:..ii 4;ned cop:es at tnb .

. ;. . . i; ."

• w: : % % ,,ti:m

)

q 21t Part 2 Cost Proposal'. One tli onginal'and copies of the ' Cost Proposal."

i I

(i) The cost proposal shall be submitted separately from the Technical and j Management Proposal or Oral Presentation and Supporting Documentation (as -

. ap; " :able).

l (ii) The offeror's request for an exception to submitting cost or pricing data s'h all be made in accordance with FAR 52.215 20 (a). j siiii If the contracting officer does not grant the offeror an exception from the requirement to submit cost or pricing data, the offeror's cost proposal shall ,,

L

- conform with the requirements of FAR 52.215-20(b). - Cost information shall

. include pertinent details sufficient to show the elements of cost upon which the

\

. 1

!- total cast is predicted in accordance wi ' the requirement of FAR 52.215 20 (b)(1).

- (iv) When the offeror's estimated cost for the proposed work exceeds

$100,000 and the duration of the contract period exceeds six months, the offeror shall submit a Contractor Spending Plan (CSP) as part of its cost  ;

1 L proposal. Guidance for completing 'the CSP is attached.

p -

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!~ 127~

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y.

3 a:;

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q. .1.

4 For anpundtra.; c.+ .we . .a: . .1.;.:; mci, ma Nianagen.c;..

[Q ,

19r6.n Ar i hai i%semac . Etena.. ;frNde suppo:ungdocumentation yn .

s .

h ,

' the) election prpee, .' . ice competitive w noncompetitive. and N cost.

p ,

r i? - evaluation.

, u .

• '(c) '

• Written Technical and Management Proposal" or " Oral Presentation'and Supporting

-i Documentation" (as applicable).l One (1) original and.

• copies.

p. '

(1) The written Technical and Management Proposal or Oral Presentation and

Supporting Documentation may not contain any reference to cost.' Resource

.~information, such as data concerning labor hours and categories, materials',

subcontracts. travel. computer time, etc... must be included so that the offeroh's' L understanding of the scope of work may be evaluated.

g ,.

.t

(. >

W < (2) The offeror shall submit in the written Technical and Management Proposal or

/ "

b, .' Or51 Presentation and Supporting Documentation full and complete information as set -

' forth below to permit the Government to make a thorough evaluation and a sound '

y L. .

determination that the proposed approach will have a reasonable likelihood of meeting o

the requirements and objectives of this procurement.

l'a' e,

r

' (3) The written Technical Proposal or Oral Presentation and Supporting i' .

'* . Documentation must be tailored to assure that all information reflects a one-to-one relationship to the evaluation criteria.

a: ,

1 i

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h 128 l:

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i.}_t;'

'El hlalJilienl* diljsn fa!Jfe'lidh tid *!Jo sileMi *!! A t . t. Alti)Obl ufminulliwdikilf Lid j i

l pec:nc ap;miash prq . _ , . - ..i t!w enest diat me oneror', .j 1

understardmg can or will . comply with the statement of work may be construed as an

. indication of the offeror's lack of understanding of the statement of work and j l- objectives. ,

I i

f - (d) Written Technical or Oral Presentation and Supporting Documentation Requirements --

Instructions.

q To be incorporated into the solicitation I i

lend of Provision)

I Altern:te 1 (Date) 3

~

As prescribed at 52015.209-70(b)(2). this Alternate 1 may be used for solicitations for negotiated task orders include the following paragraph (iv) in place of paragraph (b)(2)(iv) of the "g _

_. basic provnion:

s

. (b)(2) . . . . . .

l-4 i

129.

p.

y

, , . _ . . _ -. .~....___. ._ _.- . . _ . _ , . . _ - -

i att I he oitdor s -t proy m . -

. NRC'- x . cd :c.c. of . - {.

j i

NRC+;- iA'di:U/t o f '" > '" ' ~ " "s .T 3 .b"mEnatel)

• proteutoi,al and ' -l

l. '

i

\

L - cleneal stari-pears for the duration of this contra,t: Ths information adsisory and is not to i

. . I be considered as the sole basis for the development of the staffing plan. For the purposes of 1 the Government estiinate,30) hours constitute a staff year. The total estimated cost .j

i. ,

l proposed by the otteror is used for evaluation purposes only. Any resultant contract, except a i

requirements contract, contains an overall cost ceiling whereby individual task orders may be i issued. The cost and fee, if any, for each task order is individually negotiated and also contains a cost ceiling.

Alternate 2 lDate) -

As proposed at (2015309-70(bn31. Alternate 2 may be used for solicitations for negotiated

.l

' fixed price, labor hour, or time and ryaterials contracts. Substitute the following paragraph (b)(2)(ii) for the paragraph (b)(2)(ii)of the basic provision, delete paragraphs (b)(2)(iii) - (iv) of the basic i

I provision, and renumber the remaining paragraphs.  ;

l iJ

. (ii)' Submittal of information other than cost o(pricing data shall be made in l

~

accordance with FAR 52.215 20 Alternate IV.

$2052.215-76 Preproposal conference

, As prescribed at (2015.407-70(c), the contracting officer may insert the following provision in r

i

. applicable solicitations which include a preproposal conference

i 130

)

w w'  :

f V

Prspreppul Conference lJan 199.4

~

Oc v

c aan 'A preproposal mnference is sheduledit:

i m

i j Date:

4 . . Location:

Time:

j

<G ,

(b) This conference is to afford interested parties an opportunity to present questions and

~

clarify uncertainties regarding this solicitation. You are requested to; mail written questions i

r

. concerning those areas of' uncertainty which. in your opinion, require clarification or correction. You

- . are encouraged to submit your questions in writing not later than ? working day (s) prior to the .

p.

conference date. Receipt ot' late' questions may result in the questions not being answered at the

,v ,[ $coniference although'they will be considered in preparing any necessary amendment to the solicitation.

w a

?!f you plan to attend the conference, notify .* by letter or telephone * , no later than close of business -

3

> = .

• f Notification of your intention to attend is essential in the event the conference is rescheduled or

.1i

~ '

b y 1 canceled.L(Ogstional statement: Due to space limitations, each potential offeror is limited to

• representatives at' the conference.)' :

) 9.;;

1

.(c) 1 Written questions must be submitted to:

m L U.S. Nuclear Regulatory Commission o

h - - Division of Contracts and n+ay Management a F g

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i td). .The envelope must be marked "Solicitauon No; d Preproposal Conference "

.- is l "To be ' incorporated into the solicitation.  :

J

'5 l

1 (e); . A transcript of the conference will be furnished to all prospective offerors through the issuance of an amendment to the solicitation.

1 (End of Provisiom

_-- 62052.215-77 Trasel appros als and reimbursement.

i As prescribed at $2015.209-70(d), the contracting officer shall insert the following clause in cost reimbursement solicitations and contracts which' require travel but do not set a specific ceiling j amount on that travel.' Note that requests for foreign travel must be submitted to the NRC 30 days in advance of the travel date.

i Travel Anorovals and Reimbursement (Date)  :

l i

.(a) . All foreign trave lmust be approved in advance by the NRC on NRC Form 445, Request for Approval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 i

132 L

u '

b .

r:'

s

9 i

i

' Preference for 1: S Flac Mr Grr ,w t he sutu..-cr clitsme Nia I orm 425 to the NRC r.o .

laur than N day prW '. ' "1 -

.( .

(b) cThe contractor must receive w ritten approval from the .NRC Project Officer prior to taking travel which was unanucipate 1 iii tlie Schedule ti.e. . trasel not contemplated in the Statement of i

, Work, or changes to specific travel identitied m the Statement of Work).

(c) The contractor will be reimbursed only for those travel costs incurred which are j I

, ' directly related to this contract and which are allowable subject to ihe limitations prescribed in FAR 31.205-46.

o l

I It is the responsibility of the contractor to notify the contracting officer in accordance

'(d) with the Limitations of Cost clause of this contract when, at any time. the contractor learns that travel j expenses will cause the contractor to exceed the estimated costs specified in the Schedule. l 1

, (e) : Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, shall be charged in l

accordance with the contractor's institutional policy to the degree that the limitations of Office of i Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include  ;

P OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost

.: Principles for Nonprofit Organizations; and OMB Circular A 21, Cost Principles for Educational

=

~ Institutions.

l

,f (End of Clause)

. 133  ;

q.

i( ;,

\ y I

7 q I

~

C052.215 78 Trasel apprmals and reimburkment \lternate 1.

l l

Agprescribed'm Col 5.2w.70uh. the contracing otticer shall imert the following clause in. I J

cost reimbursement solicitations and contracts which include a ceiling amount on travel. Note'that -

. requests for foreign travel must be submitted to the NRC 30 days in advance of the travel date q

1 Travel Anorovals and Reimbursement - Alternate 1 (Date)

~

(a) Total expenditure for travel may not exceed without the prior approval of the contracting officer.

1

.(b) All foreign travel must be approved in advance by the NRC on NRC Form 445 .

. Request for Approval of Official Foreign Travel and must be in compliance with FAR 52.247 63

' Preference for U.S. Flag Air Carriers. The contractor shall submit NRC Form 445 to the NRC no .

'later than 30 days prior to the commencement of travel.

7 (c') The contractor will be reimbursed only for those travel costs incurred which are

directly related to this contract and which are allowable subject to the limitations prescribed in FAR 31.205-46.

(d) It is the responsibility of the contractor to notify the contracting officer in accordance

- with the FAR Limitations of Cost clause of this contract when, at any time, the contractor learns that .

1 travel expenses will cause the contractor to exceed the tra fel ceiling amount identified in paragraph (a) s ., ..

of this clause.

L t

b JC .

N. 134

,> .x 3

. - ., . .. .. . . ~ . . - -

bc

g. p;. , isq ,. . . - .

..> . ., .stmed .u %te and

), L

. nonpro6t instituuons. in ae,cordance w ti h Section 12 of Pub. L.1(AMC9. 3 hall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of

. Management and Budget (OMB) guidance are not exceeded. ' Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost ,

i Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.

t "To be incorporated into any resultant contract -

l (End of Clause) l i

92052.215-79 Contract award and evaluation of proposals.

I i

1 1

As prescribed in {2015.209(a)(1), insert the following provision in solicitations when rechnical .,

l l

merit is more important than cost:

I Contract Award and Evaluation of Proposals (Date) i I

(a) By use of narrative and numerical (as appropriate) scoring techniques, proposals are

evaluated against the evaluation factors specified in paragraph

• below. These factors are listed in their relative order ofliipurse.

135  :

'T. ' ,

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s ,7.. ., . .

y~ , - ,- , . _ _ - - - .- ,.m, ,. m .- .~._ - .

1

, .1 '

g:! c

'S 3

'4 .

Dbi1 aihe Gnrmnem miene c. nir . , ntL.d resuhme : ram ths  ;

nolidtation to the +:M'* eifer>'rm 9 'e *"

w 'em. . .3 the hev . d. e de6ned in FAR  !

o

2;101-lafter esaluation m accordince witti the factors and subfactnrs in the n> licitation

.{ o J- .

Os;y

- .(c); The Government may:

p ,

s

. (1) Reject any or all proposals if such action is in the Government's interest.

~ '

~ ,

(2) Waive informalities and minor irregularities in proposals received.

+

(d) ~ The Government intends to evaluate proposals and award a contract without -

discussions with dfferors.' The Government reserves the right to seek proposal clarifications (e.g.,

~'

[- '

' capability issues as desenbed in FAR 15.306/ai or minor or clerical errors as described in FAR.

314.407); and hold communications as' described in FAR 15.306(b)). Therefore, the offeror's initial l y proposal should contain the offeror's best terms from a cost or price and technical standpoint. The ]

- Government reserves the right to conduct discussivas if the Contracting Officer later determines them j to be necessary.: If the Contracting Officer determines that the number of propasals that would V otherwise biin the competitive range exceeds the number at which an efficient competition can be 4

gj conducted, the Contracting Officer may limit the number of proposals in the competidve range to the ,

l

greatest number that will permit an efficient competition among the most highly rated proposals.

The Government reserves the right to make an award on any item f6r a quantity less l(e) .

than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the Proposal.

x

. 1 136 I

g4 J

L (f) The Gm emme :;'ena 5 v;h' m n .; muh:pi. mards if after considering the e

additional administrative rosts, it is in the Gmernment's best interest to do so.

t (g). Exchanges with offerors after receipt of a proposal do not constitute a rejection or ,

counteroffer by the Government. t 1

(h) The Government may determine that a proposal is unacceptable lf the prices proposed ]

are materially unbalanced between line items or subline items. Unbalanced pricing exists when, i l

despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the applica: ion of cost or price analysis techniques. A j

proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

i 1

I L .(i) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(j) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

A separate cost analysis is performed on each cost proposal. To provide a common  !

(k) bene for evaluation of cost proposals, the level of effort data must be expressed in staff hours. Where a Contractor Wing Plan (CSP) is required by other provisions of this solicitation, consideration is 1

1 ;'

137

L > i

+

,g;p g h2 ,CkVel!'.b thd pl.In hif Ullt {lVieN*v { e d u ll',1' s . .- . e i- , ,

effort ,

i i

l - To be . incorporated mto the soliatation.

k i-q ..

(End of Provision) e

' Alternate 1 (Date) .

' As prescribed at %2015.209 70(e)(2).' Alternate 1 may be used when proposals are to be evaluated on a lowest price. technically acceptable basis. Substitute the following paragraph for-

)

Y paragraph (b)in the clause at $2052 215M4-4

-(b) Although te ,hnical me,rit in the evaluation criteria set forth below is a factor in the evaluation of proposals, award will be made on ' the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors, Alternate 2 (Date) s.

i

' As prescribed at 12015.209-70(e)(2). Alternate 2 may be used when cost and technical merit

. are of equal significance. Substitute the following paragraph for paragraph (b) in the clause at 52052.215-79:

i-s l'

I e

1...

138 e.

5

-. ,,m . - 5 . - ,

l i

I- ibi. ~ In the selection of a contra;'or. teenmeai ' 1;rit m the c'.atuanon c. terra set forth ,.

.below and cost bear equa! sigmficaree to N - Jed m au e wnoseJ _ost mu t he j l- realistic and reasonable.

62052.216-70 Lesel of effort.

i l

. As prescribed at $2016.307-70(a) the contracting officer shall insert the following provision in )

I solicitations for negotiated procurements containing labor costs other thkn maintenance services, to be awarded on a cost reimbursement, cost sharing, cost-plus award-fee, cost-plus-fixed-fee, time and materials, or labor hours basis.

f.evel of Effort dan 1993)

~ The NRC's estimate of the total effort for this project is approximately

• professional and

• 1 clerical staff-years for the duration of this contract. This information is advisory and is not to be considered as the sole basis for the development of the staffing plan. For the purposes of the Government estimate, 2000 hours0.0231 days <br />0.556 hours <br />0.00331 weeks <br />7.61e-4 months <br /> constitute a staff year.

• To be incorporated into any resultant contract (End of Provision) l l

32452.216 71 Indirect cost rates.

I l

l-o' 139 L

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--+f w-,

. ... . . . ... . ~. - . ~ . -- ..

t J

.\s prescribed at f 2016 .in'.*thht the W .w'. .liisJr:M.n

' nsert thJ follow mg ..ause .n wiieitations and ;ontwr< where nro' monal rates ada ;eilme annh Indirect Cost Rates iJan 1993; i

1 l

l i

1 (a) Pendmg the establishment of final indirect rates which must be negotiated based on j audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows: f

/

l I

. 1 i

tb) The contracting ofncer may adjust the above rates as appropriate during the term of  !

the contract upon acceptance of any revisions proposed by the contractor. It is the contractor's

~

responsibility to notify the con'racting cfncer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22. Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limi:ations.

• To be incorporated into any resultant contract.

s (End of Clause)

Alternate 1 As prescribed at 12016.307-70(b)(2), the contracting officer may insert the following clause in applicable solicitations and contracts where predetermined rates apply:

o l:

140

4 . .m . 4 - . . . . _ _ .. __. . . _ . . _

- (JJ.QWJf2 Ka'o 4- i t

The comractdr is reimbut ed fx d!.iwaN nde costs m . ordance wtth the following

. predetermined rates.

• To be incorporated into any resultant contract.

(End of Clause)

' Alternate 2 (Date)

As prescribed at #2016.307 70(b), the contracting officer may insert the following clause in applicable solicitations' and contracts where provisional rates with ceilings apply:

Indirect Costs (Ceiline) i.iternate 2 (Date) .

For this contract, the ceiling amount reimbursable for indirect costs is as follows:

.(a)

-In the event that indirect rates developed by the cognizant audit activitj on the basis of (b) actual allowable costs result in a lower amount for indirect costs, the lower amount will be paid. The 141

, -. . . . . . ~.. . . . .

I i

.l l I ernment ma( M ne wha. y

..xs ino,etne;c, ,

l

.tre. etf.ptijahn . A

• j

-i 4

, l Td be incorporated intd an,s re uttant contract. )

i

-I jdnd of Clause) i

"'" ' 52052.216-72' Task order procsdures.

As prescribed at s2016.506 70(a), the contracting officer may insert the following' clause in

applic'able solicitations and contracts that contain task order procedures. This clause may be altered to

.l fit the circumstances of the reqtiirement. j Task Order Procedures (Date)

(a) Task order request for proposal. When a requirement within the scope of work for

- this contract is identified, the' contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORFP) which may include the following, as appropriate:

1

. (1) Scope of work / meetings / travel and deliverables; i.

(2)' Reporting requirements;-

(3) . Period of performance - place of performance; o

142 t - + *t - ,

r ~ - , ,

_ , . ._ -- . _ . . _ __ .~.- - ... ._. - .. .

1

/

64: Apphsable stiec;.d p:ou ."n :

s

+5i Techineal skilh, required. and

.- (6) : Estimated level otl effort. I i

(b)-  : Task order technical proposal. By the'da'te specified in the' TORFP, the contractor .

D shall deliver to the contractt officer a written or verbal (as specified in the TORFP technical

. proposal submittal instructions) technical proposal that provides the technical information required by L the TORFP.

7 i '(c) Cost proposal. The contractor's cost proposal for each task' order must be fully -

supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts.

L ' When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposalf The TORP indicates if a CSP is required.

l (d) Task order award. :The contractor shall perform all work described in definitized task orders issued by the contracting officer, Definitized task orders include the following:

-1

- \

e m Statement of work / meetings / travel and deliverables;

'(1)'

(2) Reportmg requirements; o

ft' g

~.'

143 --

,&~

• ~ , , , ,

. _ _ _ _ ___ _ = _ _ _ _ _ _ _ __ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

1 1

ih P.rtod of pbrhimuNe

(  ;

(4) Key personnel; (5) Applicable special provisions; and l l

1 (6)' Total task order amount including any fixed fee.

)

J (End of Clause) l l

- 52052.216-73 Accelerated task order procedurcs. I i

i i

As prescribed at s2016.506-70th), the contracting officer may insert the following clause in applicsble solicitations and contracts which contain task order procedures. This clause may be altered

'- to fit the circumstances of the requirement. ,

i h

Accelerated Task Order Procedures (Jan 1993)

(a)- The NRC may require the contractor to commence work before receipt of a definitized

- task order from the contracting officer. Accordingly, when the contracting officer verbally authorizes o

- the work, the contractor shall proceed with performancefh k order su bject ot the' monetary o t e tas I

limitation established for the task order by the contracting officer.

l 144 i

_ . - . - ._ . . _ -m - _ _ . . . . - . . _ _ .- . m___

ibi i % hen this acech:r3ted nrm; dure ~ mpm ed 4 m,e W " , .. .rr u,r agrees -

begin promptly negouaung w nh : .m er" 't. annnne an order ano j agrees to submit a cost proposal willi 3upperung e,-t or pneing data if agreement on a detinitized

)

task order is not reached by the target date mutually agreed upon by the contractor and contracting .  !

1 officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart ,

l 15'.8 and Part 31 of the FAR,' subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order, subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.

i l

, (End of Clause) f2052.222-70 Nondiscrimination because of age. l 1

i As prescribed at Q2022.90170, the contracting officer shall insert the following clause in all solicitations:

Nondiscrimination Because of Ace (Jan 1993) .

it is the policy of the Executive Branch of the Government that:

(a)- Contractors and subcontractors engaged in the performance of Federal contracts may

' not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of l

I' l:

145 L

l

- ~ _ . . - . , , - .

seir ce addpt :sm thepa+ A aWi tid CM* 4t.a AL - ~uren.cm pup.vr. tatu ..r>

4

'reqtiirement; and

-t,

+;

abh Titat' contractors and subeontractors. or persons actmg on their behalf, may not spe'c ify. in so'icitations l or advertisements for employees to work on Government contracts. a .

maximum' age limit for employment unless the speestled maximum age limit is based upon a b' ona tide y occupational qualification, retirement plan, or statutory requirement.

(End of Provision) f

$2052.227-70 Drawings, designs, specifications, and other data.

( As prescribed at 02d27 to5-M_ the contracung otticer shall insert the following clause in all

. solicitations and contracts in which drawings, designs, specifications, in other data will be developed and the NRC must retain full rights to them (except for the contractor's right to retain a copy for its own use). When any of the clauses prescribed at FAR 27.409 are included in the solicitation and -

contract, this clause will not be used.

Drawinns. Desians. Specifications. and Other Data (Jan 1993)

T All drawings, sketches, designs, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recomsw4= dons, other data and memoranda i-l[ , of every description relating thereto, as well as all copies of the foregoing relating to the work or any l

) Epart thereto, are subject to inspection by the Commission at all reasonable times, inspection of the 34

i' proper facihties must he etotdcd 'he CorrMion bs th. .ontractor acid its subo . tractors Ihe e data are the property of the G- r:.".s m: s se- cG . 2 an , m. m a na:,0.n er r

without any daim on the part of the contrAtor and its sancontractors and sendors for addmonal compensation and must. . subject to the rt;ht of the contractor to retain a copy of the material for its

> own use, be delliered to the Gosernment, or otherwise disposed of by the contractor as the contracting pf \ -

l -. 3 . ':

, officer may direct during the progress ot' the work or upon compleuon or termmation of this contract.

2 The contractor's right of retention and use is subject to the security, patent, and useo' f information provisions, if any. of this contract.

(End of Clause)

.5205 .2 231-70 _Precontract costs.'

As prescribed in s2031;109-70. following clause may be used in all cost type contracts when costs in connection with work under the contract will be incurred by the contractor before the effective date of the contract. Approval for use of this clause must be obtained at one level above the

. contracting officer.-

Precontract Costs (Jan 1993)

Allowable costs under this contract must include such costs incurred by the contractor in connection with the work covered by this contract during the period from

• and including

• to the

effective date of this' contract, as would have been allowable pursuant to the terms of this contract if

' 147 j ..

m I"

, q ~ 4 m e , w --m s

t i

m

' this cnntract had been m 'effeJt Jt.r:n;. :h.a :se!:. .' w

. Na ever. :nat the costs may notin i

ol 1;I.' u M117.asi acpre$atC C\CeCd

• N A h1Cn is 1%f.idJd in InL JNtalldiJd ,

'Te be munporated mto any resuaant contract Wnd of Clauset ,

52052.235-70 Publication of research results.

q As prescribed in (2035,70(a)(1), the contracting ' officer shall insert the following clause in j

applicable solicitations and contracts for research and development by private contractors andl 1

universities and for other tecluncal 3ersices as appropriate,.

' Publication of Research Results (Date)

I (a) The principal investigator (s)/ contractor shall comply with the provisions of NRC -

Management Directive 3.8 (Vol. 3, Part 1) and NRC Handbook 3.8 (Parts I-IV) regarding publication in refereed scientific and engineering joumals or dissemination to the public of any information, oral or written, concerning the work performed under this contract. Failure to comply with this clause shall be grounds for termination of this contract.

(b) The principal investigator (s)/ contractor may publish the results of this work in refereed scientific and engineering journals or in open literature and present papers at public or association meetings at interim stages of work, in addition to submitting to NRC'the final reports and other deliverables required under this contract. However, such publication and papers shall focus on s

148

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

adiances in science and teshnoion and um nm/; - . on .md - ommendauons uhan may f

- hase regulators imt'iisanons tci The prmeipal msesugatortsi shall coordmate all such publications with, and transmit a i copy of the proposed article or paper to, the NRC Contracting Officer or Project Officer, prior to publication. The NRC agrees to review and provide conunents within thirty (30) days atter receipt of a proposed publication. However, in those cases where the information to be published is (1) subject

- to Commission approval, (2) has not been ruled upon. or (3) disapproved by the Commission, the NRC reserves the right to disapprove or delay the publication. Further, if the NRC disagrees with the proposed publication for any reason, it reserves the right to require that any publication not identify the NRC's sponsorship of the work and that any associated publication costs shat! be borne by the contractor.

1 (End of Clausa) 2052.235-71 Safety, Health, and Fire Protection.

As prescribed in f2035.70(a)(2), the contracting officer shall insert the following clause in

. applicable solicitations and contracts for research and development by private contractors and universities and for other technical services as appropriate:

Safety. H =hh. 'and Fire Protection (Jan 1993) 149 e

n

% - y.

r

'I he comra.' 4 ud take aii awa.ma ~' ec a.L - - . m.e oi .he wod under aus

'I file MI!. . ..d;h e N RC eatilrdel to protJsl * - '.* ' ' -.t -

er from . : Ntards to hfe and property and emplo,i ces and smr.cor pe n. e . :.wd ' m ' :' :/; -

shall comply with all apphbable health. _salety . and tire protection regulations and requirements .

(including reporting requirements of the Commiwinn and the Department of Labor. In the event that s

the contractor fails to comply with these regulanon3 or requirements, the contraelmg officer may, without prejudice to any other legal or contractual rights of the Commission, issue an order stopping all or any part of the work; thereafter, a start work order for resumption of work may be i~9ed at the

' discretion of the contracting officer; The contractor shalf make no claim for an extension of time or for compensation or damages by reason of, or in connection with, this type of work stoppage.

tend of Clausei

$2052.242 70 Resolving Differing Professional Views As prescribed in s2042.5701. the contracting officer shall insert the following clause in the

' body of cost reimbursement solicitations and contracts for professional services, as appropriate. This.

' clause may not be altered by the contracting officer.

Resolvine NRC Contractor Differing Professional Views (DPVs) (Date)

(a) 'Ihe Nuclear Regulatory Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's i

. NRC that may differ from a prevailing NRC staff view, disagree with an NRC decision or policy 150 o

?.

pasmen or 'ake ust.e uh pr..-y , w m. .ie e ! . e .cs \c occasion m.n .u. . . .

NRC contractor. som s , s - -

r mai .1.ouwenuous l

expression of aiompetent judgment a required to doet.: ent su h conserns on matters directly j associated with us performance of the contract. The NRCi poke) h to' support these instances as i i

Differing Professional View s (DPVa i l

i

.(b) The procedure that will be used provides for the expression and resolution of differmg 1 j

s professional views (DPVs) d health and safety related concerns associated with the mission of the .

l 1

l  : agency by NRC contractors, contractor personnel or subcentractor personnel on matters directly )

associated with its performance of the contract. This procedure may be found in Attachments to this document < The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall. in turn, provide a copy of the procedure to its employ ees .Noilo I he prime contractor or subcontractor shall submit all DPV's.

y L

received but need not endorse them.

l I

(End of Clause) i 52052.242-71 ' Procedures for Resohing Differing Professional Views a i

i

. As prescribed in 2042.570-2(b), the contracting officer shall include the following clause as an i

attachment to cost reimbursement solicitations and contracts for professional services, as appropriate, This clause may not be altered by the contracting officer.

d Pic-:stires for Ramtvine NRC Contremr Differine Professional Views (DPVs) (Date) 4 151

, , , _. _. . . , _ _ _. _ m . _ . . . - . . - _ _ . _ _ . . _._ .._.. . - -

n 5

4ai ' Ihe folh v m ; pr m u e- w e, -

_wrm:m and .comuun t datermy

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nrofewonal news DPQ of heamt anc -a:," .n. a x.c

• NRC .omr.u:on and ;ontractor 7 personnel on matters connected to the we.t of te cantract MuNontractor DP\ s shall be submitted i

through tiie prime contractor.1 The prime contractor or subcentractor shall submit all DPV's received .-  !

=

. but need not en'dorse them.

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(b)' The NRC may authorize up to eight reimbursable hours for the contractor to document in -

i

-writing a DPV by the contractor, the contractor's personnel, or subcontractor personnel. The i

.I contractor shall not be entitled to any compensation for effort on a DPV which exceeds the above- . l specified eight hour limite (c) ~ Prior to incurring costs to document a DPV. the contractor shall first determine whether j J

' there are sufficient funds obhgated under the contract which are available to cover the costs of writing j

. a' DPV. In'the event tha't there are insufficient obligated funds under the contract, the contractor shall first request the NRC contracting officer for additional funding to cover the costs of preparing the - )

j DPV and authorization to proceed.

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- (d) Contract funds shall not be authorized to document'an allegation where the use of this l

NRC contractor DPV process is inappropriate. Examples of such instances are: allegations of wrongdoing which should be addressed directly to the NRC Office of the inspector General (OIG),

issues submitted anonymously, or issues raised which have already been considered, t.ddressed, or rejected, absent significant new information. Note that this procedure does not provide anonymity.

. Individuals desiring anonymity should contact the NRC OlG or submit the information under NRC's

- Allegation Program, as appropriate.

152 T-ac

( -s

tei When required. the s. intra.ti u sh d! .nr .de ' c DP\ pre,s hy submittmg a written statement directly to the NRC Of fice Director or Recional Admmistrator responsible for the contract.

with a copy to the Contracting Otlicer. Division of Contracts and Property Management. Office of Administration. Each DPV submitted will be evaluated on its own merits.

(O The DPV, while being brief, shall contain the following as it relates to the subject matter of the contract:

(1) A summary of the prevailing NRC view, existing NRC decision or stated position. or the proposed or established NRC practice.

12) A descripoon of the submitter's views and how they differ from any of the above items. .

(3) The rationale for the submitter's views, including an assessment based on risk, safety and cost benefit considerations of the consequences should the submitter's position not be adopted by NRC.

1 (g) The Office Director or Regional Administrator will immediately forward the submittal to the NRC DPV Review Panel and acknowledge receipt of the DPV, ordinarily within five (5) calendar days of receipt.

153 k