ML20203E208

Forwards for Review & Concurrence on Proposed Rule Entitled, Nrcar

ML20203E208
Person / Time
Issue date:	08/14/1997
From:	Norry P NRC
To:	Cotter B, Cyr K, Larkins J Atomic Safety and Licensing Board Panel, NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20203D144	List: ML20203D140 ML20203E208 ML20203E222 ML20203E232 ML20203E249 ML20203E260 ML20203E268 ML20203E273 ML20203E293 ML20203E305 ML20203E314 ML20203E320 ML20203E330 ML20203E343 ML20203E347 ML20203E354 ML20203E365 ML20203E369 ML20203E379 ML20203E398 ML20203E412 ML20203E423 ML20203E428 ML20203E434 ML20203E440 ML20203E467 ML20203E478 ML20203E497 ML20203E510 ML20203E515 ML20203E519 ML20203E527 ML20203E531 ML20203E537 ML20203E545 ML20203E556 ML20203E682
References
FRN-63FR67726, RULE-PR-48C20 AF52-1-002, AF52-1-2, NUDOCS 9902170121
Download: ML20203E208 (108)

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J AUG : 4 WS7 MEMORANDUM TO: Those on the Attached List FROM: /for/ Patricia G. Norry (Original signed by Deputy Executive Director Edward L. Halman) for Management Services

SUBJECT:

REQUEST FOR OFFICE COMMENTS AND CONCURRENCE -

PROPOSED RULE ENTITLED " NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION (NRCAR)"

Attached for your review and concurrence is a proposed rule that would update the Nuclear Regulatory Commission Acquisition Regulation (NRCAR). We are revising the NRCAR to codify all streamlining procedures which we have been using in practice under our Procurement Reinvention Laboratory (PRL). These streamlining procedures emphasize creativity, flexibility, and most of all teamwork to ensure that agency contracting needs are fulfilled in the most efficient manner possible. An example of such revision is found in the NRCAR sections covering instructions for proposal preparation and evaluation. The process-oriented instructions formerly included in those sections have been replaced with guidance which can be applied to fit the specific acquisition. We plan to publish the updated NRCAR in the Federal Reaister as a proposed rule for public comment by November 3,1997.

Highlights of the proposed updates to the NRCAR follow:

1. Part 2002 Definitions is amended to add the definition for Task and Delivery Order Ombudsman. This definition is added in keeping with Section 1004(a) of FASA which requires the head of the agency, "to appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors." The Task and Delivery Order Ombudsman "shall be a senior agency official who is independent of the contracting officer...and may be the agency's competition advocate."

2. Part 2009 Contractor Qualifications covers contracts awarded to former employees of this agency. The intent of this Part is to avoid the appearance of favoritism that results when a former employee receives a noncompetitive contract shortly after retirement or separation from the agency. The term " noncompetitive" has caused some confusion in that it does not explicitly include individual task orders or unsolicited proposals. Language has been added to this Part which specifically includes these two contracting actions in the NRC policy. In a similar vein, language has been added to this Part which clarifies that the term " principal" includes principal investigators or project managers.

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l l 3. Part 2012 Contract Delivery or Performance has been redesignated Part 2011 in keeping l with changes made to the FAR. Two contract clauses covering differing professional views and procedures for differing professional views have been added to this Part. These clauses, which are modelled after MD 10.159, are to be included in all agency cost reimbursement contracts.

< Part 2015 - Contractino By Neactiation has been amended in keeping with changes made under the NRC's PRL. The amendments to this Part encourage the Contracting Officer to use oral presentations and a minimum number of evaluation criteria during the source selection process. This Part also is amended to allow the Contracting Officer flexibility in selecting evaluation procedures / criteria (e.g., weighted criteria or evaluations based upon i non-weighted narrative evaluations) which are appropriate to the type of solicitation and requirement.

Susan Hopkins, DCPM Contract Policy Analyst, is available to meet with your staff to discuss i these changes. Ms. Hopkins can be reached at 415-6514. Please provide your written comments and concurrence directly to Timothy Hagan, Director, DCPM, Mail Stop T-7-I-2, on or before August 29,1997. If you have any questions, please contact Mr. Hagan on 415-7305.

Attachment:

As stated DISTRIBUTION:

PGNorry ELHalman TFHagan ADM r/f DCPM r/f j PAOB r/f I DOCUMENT NAME: g/sbh/nrcar/norryltr.51 l To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures j "N" = No copy ""= see previous concurrence OFFICE ADM:PAOB C ADM:DCPM l C ADM:D lC DEDMS:EDO l C l ;

NAME SHopkins,4fg THagan* EHalman PGNorry DATE 08/g/97 08/: /97 08/ /97 08/ /97 i l

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l 3. Part 2012 Contract Delivent or Performance has been redesignated Part 2011 in keeping l with changes niade to the FAR. Two contract clauses covering differing professional views and procedures for differing professional views have been added to this Part. These clauses, which are modelled after MD 10.159, are to be included in all agency cost reimbursement contracts.

4. Part 2015 - Contractina By Neactiation has been amended in keeping with changes made under the NRC's PRL. The amendments to this Part encourage the Contracting Officer to use oral presentations and a minimum number of evaluation criteria during the source selection process. This Part also is amended to allow the Contracting Officer flexibiiity in selecting evaluation procedures / criteria (e.g., weighted criteria or evaluations based upon non-weighted narrative evaluations) which are appropriate to the type of solicitation and requirement.

Susan Hopkins, DCPM Contract Policy Analyst, is available to meet with your staff to discuss these changes. Ms. Hopkins can be reached at 415-6514. Please provide your written comments and concurrence directly to Timothy Hagan, Director, DCPM, Mail Stop T-7-I-2, on or before September 12,1997. If you have any questions, please contact Mr. Hagan on 415-7305.

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Attachment:

As stated DjSTRIBUTION:

PGNorry ELHalman TFHagan ADM r/f DCPM r/f PAOB r/f DOCUMENT NAME: g/sbh/ntcar/norryltr.51 To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy "**= see previous concurrence ,

OFFICE ADM:PAOB lC ADM:DCPM C A $ D ji l% DED$ ego l C NAME SHopkins THagan* ElfJffnab , PGN W \

DATE 08/8/97 08/8/97 08//9/97 / 08/y/97 OFFICIAL RECORD COPY /

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4. Part 2012 Contract Delivery or Performance has been redesignated Part 2011 in keeping with changes made to the FAR. Two contract clauses covering differing professional views and procedures for differing professional views have been added to this Part. These clauses, which are modelled after MD 10.159, are to be included in all agency cost reimbursement contracts.

l 5. Part 2015 - Contractina By Neaotiation has been amended in keeping with changes made to the FAR. The amendments to this Part encourage the Contracting Officer to use oral presentations and a minimum number of evaluation criteria during the source selection process. This Part also is amended to allow the Contracting Officer flexibility in selecting evaluation procedures / criteria (e.g., weighted criteria or evaluations based upon non-weighted narrative evaluations) which are appropriate to the type of solicitation and requirement.

Susan Hopkins, DCPM Contract Policy Analyst, is available to meet with your staff to discuss these changes. Ms. Hopkins can be reached at 415-6514. Please provide your written comments and concurrence directly to Timothy Hagan, Director, DCPM, Mail Stop T-7-I-2, on or before August 20,1997. If you have any questions, please contact Mr. Hagan on 415-7305.

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Attachment:

As stated DISTRIBUTION:

PGNorry ELHalman TFHagan ADM r/f DCPM r/f PAOB r/f

! DOCUMENT NAME: g/sbh/nrcar/norryltr.51 To receive a copy of this document, indicate in the box: "C" = Copy wnhout enclosures "E" = Copy wth enclosures

• N" = No copy OFFICE ADM:PAOB C A,QWO, CPMc C ADM:D C DEDMS:EDO C NAME SHopkins 3M /TH'ag4 EHalman PGNorry l

DATE 07Q97 W 07/ /97 07/ /97 CFFICIAL RECORD COPY l

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ADDRESSEES: MEMORANDUM DATED August 14, 1997 l

SUBJECT:

REQUEST FOR OFFICE COMMENTS - PROPOSED RULE ENTITLED l

" NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION (NRCAR)" i l

John T. Larkins, Executive Director for Operations l Advisory Committee on Reactor Safeguards and Advisory  !

Committee on Nuclear Waste, T-2E26 l ATTN: Carol A. Harris

" B. Paul Cotter, Jr., Chairman, Atomic Safety and Licensing Board Panel, T-3F23  :

Karen D. Cyr, General Counsel, 0-15B18 l John F. Cordes, Jr., Acting Director, Office of Commission Appellate l Adjudication, 0-15B18  !

Anthony J. Galante, Chief Information Officer, T-6E2  ;

Hubert T. Bell, inspector General, T-5D28 I Carlton R. Stoiber, Director, Office of International Programs,0-15H7 Dennis K. Rathbun, Director, Omce of Congressional Affairs,04B10 l William M. Beecher, Director, Office of Public Affairs,0-2A13  :

' John C. Hoyle, Secretary of the Commission,0-16G15 l

'L. Joseph Callan, Executive Director for Operations,0-5E6  !

'Hugh L Thompson, Jr., Deputy Executive Director for Pegulatory Programs,0-5E6

~Ashok C. Thadani, Acting Deputy Executive Director for Regulatory Effectiveness, 0-5E6

' Patricia G. Norry, Deputy Executive Director for Management Services,0-5E6 James L Blaha, Assistant for Operations, OEDO,0-5E6 n Arnold E. Levin, Acting Director, Omco of information Resources Management, T-6F19

Edward L. Halman, Director, Office of Administration, T-7D59 Thomas T. Martin, Director, Office for Analysis and Evaluation, of Operational Data, T4D21

1. Jesse L Funches, Chief Financial Omcer, T-9F6

.- a '. James Lieberman, Director, Office of Enforcement,0-7H5

, , Guy P. Caputo, Director, Office of Investigations, 04H2 Paul E. Bird, Director, Office af Human Resources, T-3A2 j

, Irene P. Little, Director, Office of Small Business and Civil Rights, T-2F18 j Carl J. Paperiello, Director, Office of Nuclear Material Safety and Safeguards, T-8A23 i n . Samuel J. Collins, Director, Omco of Nuclear Reactor Regulation, 0-12G18

- Malcolm R. Knapp, Acting Director, Office of Nuclear Regulatory Research, T-10F12 \1\ 7 4 i h Richard L Bangart, Director, Office of State Programs,0-3H20 E Hubert J. Miller, Regional Administrator, Region 1

-- Luis A. Reyes, Regional Administrator, Region ll Arthur B. Beach, Regional Administrator, Region 111 Ellis W. Merchoff, Regional Administrator, Region IV H1  % 67

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1. August 14, 1997 l l

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MEMORANDUM TO: Those on the Attached List  !

4 FROM: / Patricia G. Norry Deputy Executive irec o [ ,

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SUBJECT:

' REQUEST FOR OFFICE COMMENTS AND CONCURRENCE -

PROPOSED RULE ENTITLED " NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION (NRCAR)"

Attached for your review and concurrence is a proposed rule that would update the Nuclear Regulatory Commissbn Acquisition Regulation (NRCAR). We are revising the NRCAR to codify all streamlining procedures which we have been using in practice under our ,

Procurement Reinvention Laboratory (PRL). These streamlining procedures emphasize '

creativity, flexibility, and most of all teamwork to ensure that agency contracting needs are fulfilled in the most efficient manner possible. An example of such revision is found in the NRCAR sections covering instructions for proposal preparation and evaluation. The process-oriented instructions formerly included in those sections have been replaced with guidance n the ede ! Re s er a pr p s d ru e fo publi co men b ove ber 3 199 .

i Highlights of the proposed updates to the NRCAR follow:

1. Part 2002 Definitions is amended to add the definition for Task and Delivery Order Ombudsman. This definition is added in keeping with Section 1004(a) of FASA which  !

l requires the head of the agency,"to appoint or designate a task and delivery order _

ombudsman who shall be responsible for reviewing complaints from the contractors." The l Task and Delivery Order Ombudsman "shall be a senior agency official who is independent of the contracting officer...and may be the agency's competition advocate."

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2. Part 2009 Contractor Qualifications covers contracts awarded to former employees of this agency. The intent of this Part is to avoid the appearance of favoritism that results when a former employee receives a noncompetitive contract shortly after retirement or separation from the agency. The term " noncompetitive" has caused some confusion in that it does not explicitly include individual task orders or unsolicited proposals. Language has been added to this Part which specifically includes these two contracting actions in the NRC policy. In a l- similar vein, language has been added to this Part which clarifies that the term " principal" includes principal investigators or project managers.

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3. Part 2012 Contract Delivery or Performance has been redesignated Part 2011 ir keeping j with changes made to the FAR. Two contract clauses covering differing professional views i and procedures for differing professional views have been added to this Part. These clauses, I which are modelled after MD 10.159, are to be included in all agency cost reimbursement contracts.

l

4. Part 2015 - Contractina By Neootiation has been amended in keeping with changes made  ;

under the NRC's PRL. The amendments to this Part encourage the Contracting Officer to use oral presentations and a minimum number of evaluation criteria during the source i selection process. This Part also is amended to allow the Contracting Officer flexibility in selecting evaluation procedures / criteria (e.g., weighted criteria or evaluations based upon ,

non-weighted narrative evaluations) which are appropriate to the type of solicitation and  !

requirement.  ;

i Susan Hopkins, DCPM Contract Policy Analyst, is available to meet with your staff to discuss  !

these changes. Ms. Hopkins can be reached at 415-6514. Please provide your written i comments and concurrence directly to Timothy Hagan, Director, DCPM, Mail Stop T-7-1-2, on or before September 12,1997, if you have any questions, please contact Mr. Hagan on 415-7305.

Attachment:

As stated i

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i CHAPTER 20 NUCLEAR REGULATORY COMMISSION l

CHAPTER 20 -

NUCLEAR REGULATORY COMMISSION l SUBCHAPTER A - GENERAL ,

l Part 2001 - NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION SYSTEM l

Subpart 2001.1 - Purpose, Authority, Issuance Sm i 2001.101 Purpose.  ;

2001.102 Authority. i 2001.103 Applicability. ,

2001.104 Issuance.

2001.104-1 Publication and code arrangement.

2001.104-2 Arrangement of the regulations. l 2001.104-3 Copies. l 2001.105 Information collection requirements: OMB approval.

Subpart 2001.3 - Agency Acquisition Regulations Sm 2001.301 Policy.

2001.303 Public participation.

Subpart 2001.4 - Deviations from the FAR and the NRCAR l Sm 2001.402 Policy.

2001.403 Individual deviations.

2001.404 Class deviations.

l l Subpart 2001.6 - Contracting Authority and Responsibilities l

l Sm 2001.600-70 Scope of subpart.

2001.601 General.

2001.602-3 Ratification of unauthorized commitments.

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2001.603 Selection, appointment, and termination of appointment. -

AUTHORI t ': Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat.1242, as amended (42 U.S.L. 3841; 41 U.S.C. 418(b).

Subpart 2001.1 - Purpose, Authority, Issuance 62001.101 Purpose.

This subpart establishes' Chapter 20, the Nuclear Regulatory Commission Acquisition f Regulation (NRCAR), and provides for the codification and publication of uniform policies and j procedures for acquisitions by the NRC. The NRCAR is not, by itself, a complete document. It must j be used in conjunction with the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1).  !

(2001.102 Authority. .

The NRCAR and the amendments to it are issued by the Oira:cr, Ofna of Aiaia!. .;;ca.  !

Deputy Executive Dimetor for Management Services under a delegation from the Executive Director j for Operations in accordance with the authority of the Atomic Energy Act of 1954, as amended (42. i U.S.C.161), the Energy Reorganization Act of 1974 (42 U.S.C. 5841,5872), the Federal TN:-ny and  !

Administrative Services Act of 1949 (40 U.S.C. 486(c)), as amended, FAR Subpart 1.3, am icr applicable law.

52001.103 Applicability. l The FAR and NRCAR apply to all NRC acquisitions of supplies and services which obligate  !

. appropriated funds, except as exempted by Sections 31 and 161 of the Atomic Energy Act of 1954 as I amended, and Section 205 of the Energy Reorganization Act of 1974 as amended. For procurements made from nonappropriated funds, the Director, Division of Contracts and Property Management, shall determine the rules and procedures that apply.

52001.104 Issuance.

52001.104-1 Publication and code arrangement.

(a) The NRCAR and its subsequent changes are:

(1) Published in the daily issue of the Federal Register: and (2) Codified in the Code of Federal Regulations (CFR).

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

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' 52001.104-2 Arrangement of the regulations.

(a) General. Chapter 20 is divided into parts, subparts, sections, l subsections, paragraphs, and further subdivisions as necessary.

~(b) Numbering. The numbering system and part, subpart and section titles used in this Chapter 20 conform with those used in the FAR as follows:

(1) Where Chapter 20 implements the FAR or supplements a parallel part, subpart, section, subsection, or paragraph of the FAR, that implementation or supplementation is numbered and captioned to the FAR part, subpart, section, or subsection being implemented or supplemented, except that the implementation or supplementation is preceded with a 20 or 200 so that there will always be four numbers to the left of the decimal. For example, NRC's implementation of FAR 1.104-1 is shown as f2001.104-1 and the NRC's implementation of FAR 24.1 is shown as g2024.1.

(2) When NRC supplements material contained in the FAR, it is given a unique number containing the numerals "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 f2009.570.

(3) Where material in the FAR requires no implementation or supplementation,

- there is no corresponding numbering in the NRCAR. Therefore, there may be gaps in the NRCAR sequence of numbers where the FAR requires no further implementation.

(c) Citation. 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 sec-tion 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 1-104.

62001.104-3 Copies.

l Copies of the NRCAR in Federal Register and CFR form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.

62001.105 Information collection requirements: OMB approval.

(a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

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(b) The information collection requirements contained in this nart appear in -

if2009.570-3(b)(1)&(2),2009.570-3(c),2009.570-3(c)(4)(ii),2009.570-:t f,2009.570-8, >

2014.201-670, 2015.607, 2019.705-4(a), 2027.305-3(a), 2042.803(a)(b) (a)2(i) and (b), 2045.371,

, 2052.204-70(b(d)(j)&(k) , 2052.204-71, 2052.204-72, 2052.20" 71, 2052.209-70 2052.209-72, 2052.209-71, 2052.209 -73 72(d)(2)&(3)&(f) 2052.210-70(b), 2052.210-7+, 2052.212-70, 2052.211-70, 2052.212-71, 2052.211-71, 2052.212-72, 2052.211-72, 2052.211-74, 2052.213-73, 2052.214-71, 2052.214-71(c), 2052.214-74, 2052.21445- 2052.215-70, 2052.215-71(f), 2052.215-76, 2052.215-77, 2052.215-78, 2052.215-79, 2052.215-81, 2052.216-74, 2052.227-70, 2052.235-70, 2052.235-71, and 2052.235-72.

Subpart 2001.3 - Agency Acquisition Regulations 1

i 52001.301 Policy. l 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. l i

52001.303 Public participation. l FAR 1.301 and Section 22 of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 418b) require rulemaking for substantive acquisition rules, but allow discretion in the matter 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 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 mle includes a discussion of the public comments received and describes any changes made as a result of the comments.

Subpart 2001.4 - Deviations from the FAR and the NRCAR 62001.402 Policy.

(a) Deviations from the provisions of the FAR or NRCAR may be granted as specified ht this subpart when necessary to meet the specific needs of the requesting office. The development.and testing of new techniques and methods of. acquisition should not be stifled simply because'such action would require a FAR or NRCAR deviation.

(b) Requests for authority to deviate from the provisions of the FAR or the NRCAR must be signed by the requesting office and submitted to the Director, Division of Contracts and Property Management, in writing as far in advance as possible. Each request for deviation must contain the following:

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(1) A statement of the deviation desired, including identification of the j specific paragraph number (s) of the FAR or NRCAR from which a deviation is requested; I

l (2) The reason why the deviation is considered necessary or would be in the best mterest of the Government; I

(3) If applicable, the name of the contractor and identification of the contract  ;

l affected; l l

(4) A sta:caen; as :o whcics ic dcvation has been rcques:cd previously and, i if so, circurauncca of ic previous reques: (including ic resu:: ofia: reques;);

(4) A description of the intended effect of the deviation; i

(5) A statement of the period of time for r/hich the de viation is needed; and l l l I

(6) Any pertinent background information which will contribute to a full understanding of the desired deviation. i 52001.403 Individual deviations.  !

In individual cases, deviations from either the FAR or the NRCAR will be authorized only l when essential to effect a accessary acquisitian only one contracting action or where special l circumstances make the deviations clearly la die best interest of the Government. Individual deviations must be authorized in advance by the Director, Division of Contracts and Property Management.

l l 52001.404 Class deviations.

Class deviations affect more than one contracting action. Where deviations from the FAR or NRCAR are considered necessary for classes of contracts, requests for authority to deviate must be submitted 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 appropriate.

l l Subpart 2001.6 - Contracting Authority and Responsibilities l 52001.600-70 Scope of subpart.

L l This subpan deals with the placement of contracting authority and responsibility within l the agency, the selection and designation of contracting officers, and the authority of

contracting officers.

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52001.601 General. -

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(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 the' Deputy Executive Dimetor for Management Services (DEDM). ' The DEDM has delegated this authority to the Director, Office of Administration (ADM). The Director, ADM, has delegated the authority to the Director, Division of Contracts and Property Management, who, in turn, makes ,

contracting officer appointments within the Headquarters and the Regional Offices. All of the above delegations are formal written delegations containing dollar limitations and conditions.

(b) ' The Director, Division of Contracts Division of Contracts and Property Management, establishes contracting policy throughout the agency; monitors the overall effectiveness and l efficiency of the agency's contracting office; establishes controls to assure compliance with  !

laws, regulations, and procedures; and delegates contracting officer authority. l 52001,602-3 Ratification of unauthorized commitments.

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(a) The execution of otherwise proper contracts made by individuals without contracting j authority, or by contracting officers in excess of the limits of their delegated authority, may l i

later be ratified. To be effective, the ratification must be in the form of a written procurement document clearly stating that ratification of a previously unauthorized commitment is intended. i All ratifications must be approved by the Cew.g;hba Advece: Director, Division of Contracts and i Property 7 ,,,=- ^ except that ratifications of procurement actions valued at $2,500 or less may be approved by the appropriate Regional Administrator or a; a kv;; etev; by the appropriate ,

l Headquarters Contracting Officer. For any such action approved by the Regional Administrator, all other terms of Subpart 2001.6 are applicable, and a copy of all documentation must be submitted within two working days to the Ce...y .: ba Advece;; Director, Division of Contracts and,Pronerty l Mangeneset. j l

(b) Requests received by contracting officers for ratification of commitments made by  !

personnel lacking contracting authority must be processed as follows:

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f (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:

(i) A written statement consistent with the complexity and size of the action as to why the contracting office was not used including the name of the employee wno made the commitment; (ii) A statement as to why the proposed contractor was selected; (iii) A list of other sources considered; (iv) A description of work performed, or to be performed, or products to be furnished; (v) The estimated or agreed upon contract price; (vi) A certification of the appropriated funds available; (vii) A statcmca: of whcics ic centrac:cr has ccamenced pcrformancc, sad (vii) A description of how unauthorized commitments in similar circumstances will be avoided in the future.

(2) The contracting officer shall review and forward the written statement of facts for a determination of approval to the Competition Advocate DC, with any comments or information which should be considered in evaluating the request for ratification.

(3) The NRC legal advisor may be asked for an opinion, advice, or concurrence if there is concern regarding the propriety of the funding source, appropriateness of the expense, or when some other legal issue is involved.

52001.603 Selection, appointment, and termination of appointment.

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 as prescribed in FAR 1.603. Delegations of contracting officer authority are issued by memorandum which includes a clear statement of the delegated authority, including l responsibilities and limitations in addition to the " Certificate of Appointment"; SF 1402. The Director, Division of Contracts and Property Management, mayrdelegate micro-purchase authority in 7

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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  !

Set  !

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

Subpart 2002.1 - Definitions (2002.100 Definitions.

Agency means the Nuclear Regulatory Commission (NRC).

Agency Head or Head of the Agency means the NRC Executive Director for Operations, for the i 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, Oivisica of Coomects Office of Admittistration, has been appointed the Competition Advocate for the NRC.  ;

M mcens calcadar day urJcss cearwisc 3pecined. Ifi,c !ast day of Oc desigr.a;;d ,

^

faried of nae is a Sa:urday, Sunday, or lcgal holiday ur.dcs Fcdcra !aw, ce period includes 0.c ace; busincs; day.

Head of the Contracting Activity (HCA) means the Director, Division of Contracts and Property Manag-*

Procurement Executive means the individual appointed as such by the Agency Head pursuant to .

Executive Order 12352. The OLa:or, Ofnce of Admirds; ration Deputy Executive Director.for Management Servkes, has been appointed the NRC Procurement Executive.

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T=* mad Deliverv Order Ombudsman means the Director, Office of Administration, or designee pursuant to Section 1004(a) of PL 103-355, the Federal Acquisition Streamlining Act.

PART 2003 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS Subpart 2003.1 - Safeguards

&L 2003.101 Standards of conduct.

2003.101-3 Agency regulations.

Subpart 2003.2 - Contractor Gratuities to Government Personnel

. 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).

1 Subpart 2003.1 - Safeguards 52003.101 Standards of conduct.

62003.101-3 Agency regulations. I NRC standards of conduct for its employees are published in 10 CF" "ar: O. 75 CFR Parts 2635 and 5801. Tac s ndards of cor.dac: include rcquac..an;s for f.r.arcial dise:esur; (10.735-20). Requimments for financial disclosure are published in 5 CFR Part 2634. l Subpart 2003.2 - Contractor Gratuities to Government Personnel I 52003.203 Reporting suspected violations of the gratuities clause.

(a) Suspected violations of the " Gratuities" clause, FAR 52.203.3, must be reported orally or in wridng directly to the NRC Office of the Inspector General. A report must include all facts and circumstances related to the case. Refer to 10 CF" 0.73542, Cins, En:cr in.ncn; and revers,J CFR 2635 for an explanation regarding what is prohibited and what is permitted.

(b) When appropriate, 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.

9

r PART 2004 - ADMINISTRATIVE MATTERS -

' S1 Subpart 2004.4 - Safeguarding Classified Information Within Industry 12004.404 Contract clauses.

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

Subpart 2004.4 - Safeguarding Classified Information Within Industry .

52004.404 Contract clauses. ,

l The security clauses used in NRC contracts are found at f2052.204.

They are:

(a) Security, f2052.204-70. This clause will be used in all contracts during the ,

performance of 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.

(b) Site Access Badge Requirements, f 2052.204-71. This clause will be used in all 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.

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d SUBCHAPTER B - COMPETITION AND ACQUISITION PLANNING Part 2005 - PUBLICIZING CONTRACT ACTIONS Subpart 2005.5 - Paid Advertisements Set 2005.502 Authority.

AU'11IORITY: Sec.161, 68 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 (41 U.S.C. 401 et seq.).

Subpart 2005.5 - Paid Advertisements f2005.502 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 Subpart 2009.1 - Responsible Prospective Contractors Sec. 2009.100 NRC policy.

2009.105-70 Contract provisions.

Subpart 2009.4 - Debarment, Suspension, and Ineligibility 2009.403 Definitions.

2009.404 Consolidated lists of parties excluded from Federal procurement or

non-procurement programs.

2009.405 Effect oflisting.

2009.405-1 Continuation of current contracts.

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2009.405-2' Restrictions on subcontracting. -

I 2009.406 Debarment.

2009.406-3 Procedures.

2009.407 Suspension.

2009.407-3 Procedures.

2009-470 Appeals.

Subpart 2009.5 - Organizational Conflicts of Interest 2009.500 Scope of subpart.

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.

2009.570-9 Waiver.

2009.570-10 Remedies.

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

418(b).

Subpart 2009.1 - Responsible prospective contractors.

52009.100 NRC policy.

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(a) It is NRC policy that only competitively awarded contracts shall be placed with an [

l . 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  ;

prui-i, principal officer, majority stockholder, principal investigator, project manager,' l

, principal under the contract,' person who performs more than a nominal amount of the work, or the  !

l firm is otherwise controlled or predominately staffed by former.NRC employees:

Q) The following procurement actions are considered noncompetitive for the purposes of this policy:

(

(1)LContracts awarded noncompetitively under the Small Business' Administration's l

8(a) Program; (2); Individual tasic orders if the former employ.ee,was not identified as Ikey PersonneQin.a proposal.which_wasleyaluated under Mvc procedures; (3)jUnsolicited proposals; (4) Subcontracts that requut review for the purpose;of granting consent under NRC  !

prime contracts. t (b) The term NRC employee includes special Government employees performing services for NRC as experts, advisors, consultants, or members of advisory committees, if-(1) The contract arises directly out of the individual's activity as a special employee; (2) The individual is in a position to influence the award of the contract; or (3) The Contracting Officer determines that another conflict of interest exists.

(c) A justification explaining why it is in the best interest of the Government to con-tract with an individual or firm described in paragraphs (a) and (b) of this section on a noncom-petitive basis may be approved by the Procurement Executive after consulting with the Executive Director for Operations or his designee. This is in addition to any justification and approvals which may be required by the FAR for use of other than full and open competition.

(d) Nothing in this policy statement shall be construed as relieving former employees from obligations prescribed by law, such as 18 U.S.C. 207, Disqualification of Former Officers and Employees.

52009.105-70 Contract provisions l

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The contracting officer shall insert the following provisions in all solicitations: -

l (a) 2052.2370, Qualince: ions of Can:ract Einpicyccs.

(b) ' 2052.209-M, 70 Current /Former Agency Employee Involvement.

Subpart 2009.4 - Debarment, Suspension, and Ineligibility 52009.403 Definitions, i

As used in f2009.4: l Debarrin! Qfficial means the Procurement Executive.

Init.wg o"cial a;can; ic coa;..c;ing of"cci, ec !! cad of de Con:rac;ing Ac:ivity

(!!CA), ic l'rocu.. nan: Execu:ive, or ic Irapcc:or Ccacral.

Susoending official means the Procurement Executive.

62009.404 Consolidated list of parties excluded from Federal procurement or non-procurement programs.

The contracting officer responsible for the contract affected by the debarment or .

suspension shall perform the actions required by FAR 9.404(c)(1)-(36).

{2009.405 Effect oflisting.

Compelling reasons are considered to be present where failure to contract with the debarred or suspended contractor would seriously harm the agency's programs and prevent accomplishment of mission requirements. The Procurement Executive is authorized to make the determinations under FAR 9.405. Requests for these determinations must be submitted through the HCA to the Procurement Executive.

62009.405-1 Continuation of current contracts.

The HCA is authorized to make the determinations under FAR 9.405-1.

52009.405-2 Restrictions on subcontracting.

The HCA is authorized to approve subcontracts with debarred or suspended subcontractors  ;

under FAR 9.405-2.

,.52009.406- Debarment. -

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$2009.406-3 Procedures.

.(a) Investigation and referral. When a contracting officer becomes aware of possible irregularities or any information which may be sufficient cause for debarment, the case must be referred through the HCA to the Procurement Executive immediately. The case must be accompanied by a complete statement of the facts (including a copy of any criminal indictments, if applicable) along with a recommendation for action. Where the statement of facts indicates the irregularities to be possible criminal offenses, or for any other reason further investigation is considered necessary, the matter must first be referred to the HCA who will consult with the Office of the Inspector General to determine if further investigation is required prior to referring to the debarring official.

(b) ' Decision-making process. If, after reviewing the recommendations and consulting }

with the Office of the General Counsel and, if appropriate, the Office of the Inspector General, 3

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 HCA of the action taken.

If the contractor fails to submit a timely written response within 30 days after receipt of the notice, the debarring official may notify the contractor in accordance with FAR 9.406-3(d) that the contractor is debarred.

(c) Fact-finding proceedings. For actions listed under FAR 9.406-3(b)(2), the contractor shall be given the opportunity to appear at an informal hearing. The hearing should be held at a 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 will have an opportunity to present all information considered pertinent to the proposed debarment.

62009.407 Suspension.

52009.407-3 Procedures.

(a). Investigation and referral. When a contracting officer becomes aware of possible irregularities or any information which may be sufficient cause for suspension, the case must be

. referred through the HCA to the 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 the irregularities to be possible criminal offenses, or for any other reason further investigation is considered necessary, the matter must first be referred to the HCA 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.

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(b) Decision-making process. If, after reviewing the recommendations 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 init ate i 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 l 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, the suspending official may notify the contractor in accordance with FAR 9.407-3(d) that the contractor is suspended.  ;

I 92009.470 Appeals.

A debarred or suspended contractor may appeal the debarring / suspending official's decision by mailing or otherwise Nrnishing a written notice within 90 days from the date of the decision to the Executive Director for Operations. A copy of the notice of appeal must be furnished to the debarring / suspending official from whose decision the appeal is taken.

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j Subpart 2009.5 - Organizational Conflicts of Interest 52009.500 Scope of subpart.-

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

$2009.570, which takes precedence over FAR 9.5 with respect to organizational conflicts of interest. Where non-conflicting guidance appears in FAR 9.5, that guidance must be followed.

62009.570 NRC vi- '==*':==' conflicts of interest.

'52009.570-1 Scope of policy.

(a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organiza-tional conflicts ofinterest. 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.

(b) Contractor confligt of interest determinations cannot be made automatically or routinely. The application of < ound judgment on virtually a case-by-case basis is necessary if the policy is to be applied to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations which might arise. However, 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?

(c) The conflict of interest tule contained in this subpart applies to contractors and offerors only. Individuals or finns 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 Government agencies, international organizations, or state, local, or foreign Governments.

Separate procedures for avoiding conflicts of interest will be employed in these agreements, as appropriate.

52009.570-2 Definitions.

As used in $2009.570: l l

Affiliates means business concerns which are affiliates of each other when either directly l

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

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Contract means any contractual agreement or other arrangement with the NRC except as -

i provided in {2009.570-1(c).

Contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which are a party to a contract with the NRC.

Evaluation activities means any effort involving the appraisal of a technology, process, product, or policy. j Offeror or prosoective contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, or their affiliates or successors in interest, including 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 Organintional conflicts of interest means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed urder an 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  !

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

l i j Potentini conflict ofinterest means that a factual situation exists that suggests that an }

actual conflict of interest may arise from award of a proposed contract. The term notential  ;

conflict of interest is used to signify those situations that- l (1) Merit investigation before contract award to ascertain whether award would give l rise to an actual conflict; or l l

(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. l Subcontractor means any subcontractor of any tier who performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts r,c; cxccediri; i,c arrell pacta;c cast. eld. ir, excess of $10,000.

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• Technien1 consulting and management supnort services means internal assistance to a  !

l-l 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.

52009.570-3 Criteria for recognizing contractor organizational conflicts of interest.

i l (a) General.

i (1) Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:

l l (i) Are there conflicting roles which might bias an offeror's or contractor's

judgment in relation to its work for the NRC7 l (ii) May the offeror or contractor be given an unfair competitive advantage l based on the performance of the contract?

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l (2) NRC's ultimate determination that organizational conflicts of interest exist will l be made in light of common sense and good business judgment 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 involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed contractual requirements that call for the rendering of advice, consultation or evaluation activities, or similar activities that directly lay the groundwork for the NRC's decisions on regulatory activities, future procurements, and research programs. Any work performed at an applicant or licensee site will also be closely scrutinized by the NRC staff.

(b) Simations or relationshins. The following situations or relationships may give rise j to orgamzational conflicts of interest:

i ,

(1) The offeror or contractor shall disclose information, that may give rise to j orgamzational conflicts of interest under the following circumstances. The information may j include the scope of work or specification for the requirement, being performed, the period of I performance, and the name and telephone number for e point of contact at the organization ,

knowledgeable about the commercial contract. l (i) Where the offeror or contractor provides advice and reccmmendations to the NRC in the same technical area where it is also providing consulting assistance to any l organization regulated by the NRC. I i

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- F (ii) Where the offeror or contractor provides advice to the NRC on the same .  !

or similar matter on which it is also providing assistance to any oiganization l regulated by the NRC. j 1

. (

(iii) Where the offeror or contractor evaluates its own products or  !

services, or has been substantially involved in the development or marketing of the products or services of another entity. ,

(iv) Where 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 performi"g work in the same technical area for the NRC l at the same site.  ;

(2) The contracting officer may request specific information from an offeror or j contractor or may require special contract clauses such as provided in $2009.570-5(b) in the  !

following circumstances: {

f (i) Where the offeror or contractor prepares specifications that are to be j used in competitive procurements of products or services covered by the l specifications. l l

[

(ii) Where the offeror or contractor prepares plans for specific approaches .

!- or methodologies that are to be incorporated into competitive procurements using the i approaches or methodologies.

(iii) . Where the offeror or contractor is granted access to information not ,

available to the public concerning NRC plans, policies, or programs that could form the basis for a later procurement action.

t (iv) Where the offeror or contractor is granted access to proprietary l information of its competitors.

(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.

I (c) Policy annlication guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations.  !

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(1) (i) Examnie. The ABC Corp., in response to a Request For Proposal (RFP),  !

l proposes to undertake certain analyses of a reactor component as called for in the RFP.

The ABC Corp. is one of several companies considered to be technically well qualified. 1 l In response to the inquiry in the RFP, the ABC Corp. advises that it is currently l

performing similar analyses for the reactor manufacturer.

(ii) Guidance. An NRC contract for that particular work normally would not be awarded to the ABC Corp. because the company would be placed in a position in which I its judgment could be biased in relationship to its work for the NRC. Because there are l I

other well-qualified companies available, there would be no reason for considering a waiver of the policy.

l (2) (i) Examnle. The ABC Corp., in response to an RFP, pro-poses to perform l certain analyses of a reactor component that is unique to one type of advanced reactor. ,

l 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.

(ii) Guidance. An NRC contract normally could be awarded to the ABC Corp. i because no conflict of interest exists which could motivate bias with respect to the l work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work with the private sector that could create n , on flict during the performance of the NRC contract. For example, ABC Corp. would be pechded from the performance of similar work for the company developing the advanced reactor mentioned in the example.

(3) (i) Examnle. 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 be technically acceptable. ABC Corp. has performed substantial work for regulated utilities in the past 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.

I i

(ii) Guidance. This situation would place the firm in a role where its judgment j could be biased in relationship to its work for the NRC. Because the nature of the l required work is vitally important in terms of the NRC's responsibilities and no l reasonable alternative exists, a waiver of the policy, in accordance with f2009.570-9 l may be warranted. Any waiver must be fully documented in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias.

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(4) (i) Examnle. The ABC Corp. submits a proposal for a new system to evaluate a -

specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Corp. has advised the NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component.

(ii) Guidance. 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.

Data on how the reactor component performs, which is reported to the NRC by contractors, will normally be disseminated by the NRC to others to preclude an unfair competitive advantage. When the NRC furnishes information about the reactor component to the contractor for the performance of contracted work, the information may not be used in the contractor's private activities unless the information is generally avail-able 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 the performance of the reactor component under the contract, is proposed to be used.

(5) (i) Example. 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 f2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the eastern United States, but none of the sites are within the geographic area contemplated by the NRC study.

1 (ii) 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 biased. Section 2052.209-72(c) Work for Others, would preclude ABC Corp. from accepting work which could create a conflict of interest during the term of the NRC contract.

(6) (i) Examnle. AD Division of ABC Corp., in response to a RFP, submits a proposal to assist the NRC in the safety and environmental review of applications for licenses for the construction, operation, and decommissioning of fuel cycle facilities. ABC Corp. is divided into two separate and distinct divisions, AD and BC. The BC Division performs the same or similar services for industry. The BC Division is currently pro-viding the same or similar services required under the NRC's contract for an applicant or licensee.

(ii) Guidance. An NRC contract for that particular work would not be awarded to the ABC Corp. The AD Division could be placed in a position to pass judgment on work performed by the BC Division, which could bias its work for NRC. Further, the Conflict 22

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ofInterest provisions apply to ABC Corp. and not to separate or distinct divisions I

within the company. If no reasonable alternative exists, a waiver of the policy could be sought in accordance with {2009.570-9.

l 7(i) EXAMPLE The ABC Corp. completes an analysis for NRC of steam generator tube leaks at one of a utility's six sites. Three months later, ABC Corp. is asked by this utility to perform the same analysis at another of its sites. i (ii) GUIDANCE f2052.290-72(c)(3) would prohibit the contractor from beginning this work for  :

the utility until one year after completion of the NRC work at the first site.  !

l 8(i) EXAMPLE ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign i of the common areas between its twin reactors. The contract is for two years l with an estimated value of $5 million. Near the completion of the NRC work, ABC Corp. requests authority to solicit for a $100K contract with the same utility ,

i to transport spent fuel to a disposal site. ABC Corp. is performing no other l work for the utility.

1 (ii) GUIDANCE The Contracting Officer, would allow the contractor to proceed with the

solicitation because A) it is not in the same technical area as the NRC work and B) 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. The 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 requiring the contractor to participate in a major team inspection unrelated to the turbine work at the same site. The estimated value of the contract is $75K.

(ii) GUIDANCE An NRC contract would not normally be awarded to ABC Corp. since these factors create the potential for financial loyalty to the utility that may bias the technicaljudgment of the contractor.

(d) Other considerations.

(1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of conflicts prior to the award of a contract.

,(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 l source basis. i 23 l . _- .

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52009.570-4' Representation. -

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

i (b) The organizational conflicts of interest representation provision at f2052.20942 71 must be included in solicitations and unsolicited proposals, (including those for task orders and  ;

modifications for new work) for i (1) Evaluation services or activities; l (2) Technical consulting and management support services; i (3) Research; and ,

i (4) Other contractual situations where special organizational conflicts of interest

- provisions are noted in the solicitation and would be included in the resulting contract. This i representation requirement also applies to all modifications for additional effort under the I contract except those issued under the " Changes" clause. Where, however, a statement of the type i required by the organizational conflicts of interest representation provisions has previously been l submitted with regard to the contract being modified, only an updating of the statement is }

required. [

t (c) The offeror may, because of actual or potential organizational conflicts of interest, l propose to exclude specific kinds of work contained in a RFP unless the RFP specifically prohibits l the exclusion. Any such proposed exclusion by an offeror will be considered by the NRC in the j evaluation of proposals. If the NRC considers the proposed excluded work to be an essential or l integral part of the required work and its exclusion would be to the detriment of the competitive i posture of the other offerors, the NRC shall reject the proposal as unacceptable, j (d) The offeror's failure to execute the representation required by paragraph (b) of this  !

section with respect to an invitation for bids is considered to be a minor informality. The offeror will be permitted to correct the omission.

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$2009.570-5 Contract clauses. j I

(a) General contract che. All contracts and a.T !' ima: as simplifkd acquisitions of the types set forth in f2009.570-4(b) must include the clause entitled, " Contractor Organiza-tional Conflicts of Interest," set forth in f2052.209 72.

(b) Other soecial contract claucq. If it is determined from the nature of the proposed contract that an organizational conflict of interest exists, the contracting officer may determine j that the conflict can be avoided, or, after obtaining a waiver in accordance with $2009.570-9, neutralized through the use of an appropriate special contract clause. If appropriate, the offeror may negotiate the terms and conditions of these clauses, including the extent and time l ' period of any restriction. These clauses include but are not limited to:

(1) Hardware exclusion clauses which prohibit the acceptance of production contracts following a related non-production contract previously performed by the contractor; (2) Software exclusion clauses; (3) Clauses which require the contractor (and cenain ofits key personnel) to avoid certain organizational conflicts of interest; and 1

1 l (4) Clauses which provide for protection of confidential data and guard against its l

! unauthorized use.

62009.570-6 Evaluation, findings, and contract award.

[ The contracting officer shall evaluate all relevant facts submitted by an offeror and other

relevant information. After evaluating this information against the criteria of $2009.570-3, the contracting officer shall make a finding of whether organizational conflicts of interest exist with respect to a panicular offeror. If it has been determined that real or potential conflicts

! of interest exist, the contracting officer shall:

(a) Disqualify the offeror from award; (b) Avoid or eliminate such conflicts by appropriate measures; or (c) Award the contract under the waiver provision of $2009.570-9.

52009.570-7 Conflicts identified after award.

! If potential organizational conflicts of interest are identified after award with respect j to'a particular contractor, and the contracting officer determines that conflicts do exist and 25 g

that it would not be in the best interest of the Government to terminate the contract, as provided .

i in the clauses required by {2009.570-5, the contracting officer shall take every reasonable action to avoid, eliminate, or, after obtaining a waiver in accordance with s2009.570-9, neutralize the

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effects of the identified conflict.

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~ 62009.570-8 Subcontracts. ,

The contracting officer shall require offerors and contractors to submit a representation  ;

statement from all subcontractors (other than a supply subcontractor) and consultants performing i 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 l agreements or subcontracts involving performance of work under a prune contract.  ;

f 62009.570-9 Waiver. .

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(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 recommendation of the Procurement Executive, " ' after coc4tation with !:: gal counsel, the i Executive Director for Operations may waive the policy in specific cases if he determines that it l is in the best interest of the United States to do so. l (b) Waiver action is strictly limited to those situations in which: f P

(1) The work to be performed under contract is vital to the NRC program.  !

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

(3) Contractual and/or technical review and surveillance methods can be employed by l the NRC to neutralize the conflict. t I

(c) For any waivers, the justification and approval documents must be placed in the NRC Public Document Room. ,

l 12009.570-10 Remedies. {

t In addition to other remedies permitted by law or contract for a breach of the restrictions  ;

in this subpart or for any intentional misrepresentation or intentional nondisclosure of any l relevant interest required to be provided for this section, the NRC may debar the contractor from i subsequent NRC contracts. I I

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(c) In small purchascs wisin ic spcn markc; limitations, brand name policics and -

proccdsrcs arc applicabic to the cx:cn practicabic. ,

s2010.011 - So!! citation provisions and contrac; clauses.

Thc contracting afficcr sha!! inscr; ;he clause at s2052.210-71, Drawings, Desigm, Spccincaticas, and Da:a, in a!! contracts in which drawings, dcsigns, spccincations, or o$er data will bc devcicpcd and ic NRC mus: rc ain full rights to scm (cxccpt for oc con racter's ,

right :0 rctain a copy for i;s own usc). "/ hen any of ic clauscs prescribcd at FAR 27.409, Solicita:;on " revisions and Contract Clauscs, arc included in oc solicitat;cn/ contract, this clause wi!! not be uscd.

PART 2011 - DESCRIBING. AGENCY NEEDS AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b Subpart 2012.104 11.4 Delivery or Performance Schedules - Contract clauses 52012.104-70 N"C clnu;cs. f2011.104-70 NRC Clauses (a) The contracting officer shall insert the clause at {2052.212-70, 211-70 Preparation of Technical Reports, when deliverables include a technical report.

(b) The contracting officer shall insert the clause at 92052.212-71, 211-71 Technical Progress Report, in all solicitations and contracts except-r (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 $2052.2H-72,211-72 Financial Status Report, in all solicitations and contracts (except Fixed Price) when detailed assessment of costs is warranted and a Contractor Spending Plan is required; use the clause at 52052.24-2-73 211-  !

73 Financial Status Report - Alternate 1 when no Contractor Spending Plan is required.

(d) The contracting officer may alter these-clauses; 12052.211-70, -71,.and -;72 prior to issuance of the solicitation or during competition by solicitation amendment. Reporting require-ments should be set at a meaningful and productive frequency. Insignificant changes may also be made by the contracting officer on a case-by-case basis during negotiations, without solicitation amendment.

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(e) The contracting officer shall insert the clauses at {2052.211-74 Resolving Differing Professional Views; and f2052.211-75, Procedures for Resolving NRC Contractor Differing Professional Views, in all solicitations and contracts for professional services, as appropriate.

These clauses may not be altered by the contracting officer.

PART 2012 - CONTRACT DEL 4VERY OR PERFORMANCE AUTHOfi'TY: 42 U.S.C. 2201; 42 U.C.C. 5041; and 41 U.S.C. 41S(b).

SUBCHAPTER C - CONTRACTING METHODS AND CONTRACT TYPES PART 2013 - SMALL PURCIIASE AND OTIIER SIMPLIFIED PURCIIASE PROCEDURES SIMPLIFIED ACQUISITION PROCEDURES AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2013.5 - Purchase Orders f2013.505-2 Agency order forms in lieu of Optional Forms 347 and 348.

NRC Form 103, Purchase Order, is prescribed for use by the NRC in lieu of Optional Forms 347 and 348.

PART 2014 - SEALED BIDDING i l

Subpart 2014.2 - Solicitation of Bids SL I 2014.201 Preparation ofinvitation for bids.

2014.201-670 Solicitation provisions.

Subpart 2014.4 - Opening of Bids and Award of Contract 1

2014.406 Mistakes in bids.

I 2014.406-3 Other mistakes disclosed before award.

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

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. .. -. - - . . . - - .. . . - . = _ . ___ -.

Subpart 2014.2 - Solicitation of Bids -

l 62014.201 Preparation of invitation for bids.

i 52014.201-670 Solicitation provisions.

(a) The contracting efficer shall insert the provision at {2052.214-70, Prebid Conference, in Invitations for Bids (IFB) where there will be a prebid conference. This provision i may be altered by the contracting officer to fit circumstances.

(b) The cognizant contracting officer shall insert in all invitations for bids, except as i noted, the provisions at: ,

(1) htien 2052.214-71, Eidder Qualincations and I'as; Espcdeseca. (epdenal, to Stcircua.; tan;ce)

(1)' Eden 2052.214-72,71 Did Eva:uaden (paragraph f. is opder_ ).

(2) Section 2052.214-73,71 Timely Receipt of Bids. l l

(3) Section 2052.214-74, 72 Disposition of Bids.

Subpart 2014.4 - Opening of Bids and Award of Contract 52014.4067. Mistakes in bids.

(2014.406- 7-3 Other mistakes disclosed before award.

(a) The Director, Division of Contracts and Propeny Management, is delegated the authority to make the determinations concerning mistakes in bids, including those with obvious clerical errors, discovered prior to award. These determinations will be concurred in by legal counsel prior to notification of the bidder.

(b) The cognizant contracting officer is delegated the authority to make determinations concerning mistakes disclosed after award in accordance with FAR 14.406 '7-4.

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i Part 2015 - CONTRACTING BY NEGOTIATION  !

l Subpart 2015.4 - Solicitation and Receipt of Proposals and Quotations j l

31 2015.407-70 Solicitation provisions and contract clauses.

2015.413 Disclosure and use of information before award.

2015.413-2 Alternate II. ,

1 Subpart 2015.5 - Unsolicited Proposals 2015.506 Agency procedures.

2015.506-1 Receipt and initial review.

2015.506-2 Evaluation.

2015.507 Contracting methods.

Subpart 2015.6 - Scurce Selection 2015.602 Applicability.

2015.604 Responsibilities.

2015.605 Evaluation factors.

2015.607 Disclosure of mistakes before award.

2015.608 Proposal evaluation.

2015.610 Written or oral discussions.

2015.611 Best and final offers.

2015.612 Source Evaluation Panel structure.

2015.670 Contract provisions.

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

Subpart 2015.4 - Solicitation and Receipt of Proposals and Quotations 12015.407-70 Solicitation provisions and contract clauses.

(a) The contracting officer shall insert in Requests for Proposals (RFPs) the provisions at:

l (1) Section 2052.215-70, Key Personnel; (2) (i) Section 2052.215-71, Project Officer Authority (for solicitations )

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for cost-reimbursement, cost-plus-fixed-fee, cost-plus-award-fee, cost sharing, .

labor-hour or time-and-materials, including task order contracts):

i (ii) Section 2052.215-72, Project Officer Authority - Alternate 1 (for solicitations for issuance of delivery orders for specific products / services). i (iii) Section 2052.215-73, Project Officer Authority - Alternate 2 l with paragraph (b)(1) deleted and the remainder of the clause renumbered (for i solicitations for firm fixed price contracts); l t

(iv) The provision, f2052.215-71 and Alternates 1 and 2, are intended for

. experienced, trained project officers, and may be altered to delete duties where l I

appropriate.

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(3) Section 2052.215-74, Timely Receipt of Proposals; i

I (4) Section 2052.215-75, Award Notification and Commitment of Public Funds; and j i

(5) Section 2052.215-76, Disposition of Proposals. l f

(b) n.c ce.. rac:ing effiar ;hai: inxn in a : ;olich;;oas for acge:iard j psau.....;n:; for ce;; :yp; cente;;; i;; de ne; previi for ;;;k vrir; or ilivery eris,1; l

y. d; en a: ;2052.215-77, Propose: Prcur.:a: ion ar.d Fera.a:, cacep; i :

i (1) Ter all ;;;l;b;ien; for n;ge;;;;;d ;;;% .is cent;;;;, p;;;;raph; (cX4Xxi) and (xii) r.u;; bc i:c:cd (ar.d ic .... ir.ir reas.ter.4), er.d ic para.. ph four.d a:  !

2052.215 Ahr..at 1, ;;;;; M ;uta

bad for p ra.. ph (dX2). l l

(b)1The contractag officer shall insert in.all solicitations .for negotiated pwi M i for cost type contractsithe provision at.6205.2.215-77l Proposal Presentation and Fonnat,2NRC l

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contracting officers are encouraged to use oral y,a ; in when appropriate andfa mininann j res:nbcrpf evaluation criteria.

(1) For all solicitations for negotiated task order contracts.52052.215-77 may be i modMied to delete paragraphs (eX4Xxi) and.(xii) (and renumher the remaining paragraphs)J The ,

paragraph found at $2052.215-78 --Ahernate 1; naast be substituted for paragraph (d)(2)l (2)' {2052.215 Alternate 2. For all negotiated procurements for a fixed price, labor hour, or time and materials contract, ,,.ragraph (d)(2) shall be deleted from the provision -

$2052.215-77. ,

These provisions must be tailored to assure that all sections, but in particular paragraph (e), l Technical and Management Proposal, reflect a one-to-one relationship to the evaluation criteria. j i

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(c) The contracting officer shall insert the provision at f2052.215-78, Preproposal Conference, in RFPs where there will be a preproposal conference. This provision may be altered to fit the circumstances of the requirement.

'(d) The contracting officer shall insert the clauses at f2052.215-81, Travel Reimburse-ment, and f2052.215-82, Travel Approvals, in RFPs where there will be travel.

l 52015.413 Disclosure and use of information before award.

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52015.413-2 Alternate II.

The procedures discussed at FAR 15.413-2 may be used if approved at a level above the i l contracting officer. I i

Subpart 2015.5 - Unsolicited Proposals I

(2015.506 Agency procedures. i l (a) The Division of Contracts and Property Management (DCPM) is the point of contact for l the receipt, acknowledgment, and handling of unsolicited proposals.

l (b) Unsolicited proposals, in an original and two copies, and requests for additional information regarding their preparation, must be submitted to:

l Division of Contracts and Property Management Mail Stop P-H46 T-7-I-2 U.S. Nuclear Regulatory Commission Washington, DC 20555 l This will ensure that the proposal is logged into the unsolicited proposal tracking system. l

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12015.506-1 Receipt and initial review. i

! (a) DCPM shall acknowledge receipt of an unsolicited proposal, complete a preliminary

, review, assign a docket number, and send copies of the unsolicited proposal to the appropriate l program office Director (s) or designee for evaluation. i (b) DCPM 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.

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. . - . , -_. -_ - -- . = -, __ - . .

. i (c) An acknowledgment letter will be sent to the proposer by the DCPM, providing an -

i estimated date for a funding decision or identifying the reasons for non-acceptance of the i proposal for review in accordance with FAR 15.503 and 15.505. l 62015.506-2 Evaluation.

Directors of NRC offices shitll conduct comprehensive technical evaluations of proposals submitted to them by the DCPM in t!ccordance with the criteria discussed in FAR 15.506-2(a).

t f2015.507 Contracting methods. j If a noncompetitive contract is recomrnended, the Director of the recommending NRC office shall submit to the Division of Contracts and Property Management a written evaluation, Request for Procurement Action (RFPA), and Justification for Other Than Fall and Open Competition in '

accordance with FAR 15.507(b)(5).

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Subpart 2015.6 - Source Selection i

52015.602 Applicabilitys This subpart does not apply to contracts awarded on a non<ompetitive basis to the Smal:

Business Administration under Section 8(a) of the Small Business Act.

i

$2015.604 Responsibilities. (Information in theprst 4 sentences of "(a)" is covered under l " Safeguarding information " ofFAR 15.612(e). The remaining information under "(a)" is procedural andis covered in 11.1.)

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sv. s,..

th.s;da; ;" Hvya;;;;. (Ihis information is procedural and is included in MD 11.1, p 5-13.)

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• _ _*?__ _ff*___ _ -.. *__L.J. _at.__________t ?_ J?____?___ __

tamgr uswtgassastsvas. a nsw vvssta ssblassg vss.swws assesy nNguvw vtssba ywa Jv&asNA ARs %s5Jtrts@@svlaJ p sEJ necessary. (Ihis information is covered in FAR 15.604(c)(3)).

(a) The somce selection ofHeial is the contracting officerdotauthorimod I representative within the DivisiongContractsfand. Property Managernesta ,

9 - d 4, 2 _ E y

} gpmod W the Head of the Con' tmeting ActivitW I ,

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52015.605 Evaluation factors The evaluation factors included in the solicitation serve as the standard against which all proposals are evaluated, and are the basis for the development of proposal preparation instructions, in accordance with (2015.407-70(b). Indication in the solicitation of the relative importance of evaluation factors and subfactors is; may be accomplished by the assignment of a l numerical weight to each. For those solicitations which use immerical weights, those weights .

shall be stated in the solicitation. For these factors that will not be numerically weighted, only l their relative importance will be stated in the solicitation. Examples of factors which may not be j numerically weighted are conflict of interest, estimated cost, and hu; Lass hvh ursdena, and  ;

"go/no go" evaluation factors. l l

'. 52015.607 Disclosure of mistakes before award.  !

,_s _- __ _ . . _ _ _m_t_., . . u . .t _ _~ n , _. 1 _ _ m _ _ . _. _ _ ,_1 ___ on .;

gasp a ssw wvasta sswtsang va s swwt asassas swgessaw sasant as st. va swa ys a waas ss awsussvasgaf ys v y swwu  !

f______a___ _ _ _? L pan 1f Eti"F L m f___ * * *__ j saa ame.wvassenssww vv stas a 3 mas a r .vv i uw saa vv s stassg.

(b)(a) A herrwh;ien of a ;na.h in ; pivpe s! ;a j k sTs i c aly ; ^a r a vvssca n l 4

i;esassha.sdea to y r[ssh h he; hhhn ;;;.dh hy ish eess,asadag es"Lt.s.  ;

If an Offeror requests permission to correct a mistake in its' proposal, the. Division _of Cossacts  :

and Property Management Branch Chief may make a . written determination permitting the correction l provided that the Division of Contracts and Property Management Branch Chief takes the actions  !

I stated in FAR 15.607(c)(3)(i) and (ii). t 12015.608 Proposal evaluation. l (a) A Source Evaluation Panel (SEP) shall evaluate technical proposals in accordance with [

the solicitation technical evaluation criteria. The SEP prepares and signs the a Competitive  !

Range Reportyvith the SEP's (1) findings and scoring (if applicabic) for each technical proposal,;

j

egedshe vvhh ha (2) analysis of cost and other factors.; and (3)its rernemandme Competitive i

^

Itage; . sed fe;v..rd; &a swyv;;. for ish rhvihw and eyyiev;: of ia Oh;:5 - : -g 0"aL: HThe j report is adunined to the Designating , Official for_ an iW review and approval before it is i aduninad tolthe contracting officer for final approvala The contracting officer uses this i technical evaluation and analysis of costs and other factors in determining the competitive range.  !

,f gvf sh a#wa "h shk 4 hh a#sstN es bs hkhhhh/ g hb swh hab Lish es suyyvssanssag sash bh shh sat [hv N ha h w h asset cas e ash a esa ase z.rsh v[ hva tswas[sh bkk ashub s c ro _ _ . __. _ m ___ _m__ _______, _ . . _ , _ . . . m _ ,,_ .. . _ _ _ o _m.<_ .. ,

vasa a Evvv ys amasuusy ys vtseswts sustws ysvyvpens %.v uesteessavss. 55 5%, %,vassywuss yw awassagw sTwyvs t casses basw a sasssa "v;sh sdes " yve;. (This information was moved to f2015.612, Formal Source Selection.)

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. . . - . , .., . .__ __ __:.n__ _ , _ _ _  ;

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The con: rec;ing off;ccr shall poin; ou; ;o cach offeros v.iiin ic ca.npc;;;;ve range any l defakraks, including arnhigui;ics or uracitednt;cs in ;;s proposa!. The discussions arc l in:cadce to as;b; ic SE" in unders;ar. ding ic proposals and icir a:rengis and weakacases based upon ic individual efforts of cach offeror :s ensurc ia; ic ;raaning and i...phasis of solki;a: ion piabiens have been adequa:c y conycycd to ic offerers so ia: a : offerers arc cen.pc;ing equally on ic basis in: ceded by ic Ocv.....an:.

l 92015.611 Best and final offers.  !

The SEP evaluates the technical proposal portion of the best and final offers. Technical proposals will be recorded and rescored by the SEP, as appropriate, and a Final Evaluation Report of the SEP's findings and scoring for each technical proposal will be prepared and forwarded to the j Designating Official for review and approval prior to submission to the contracting officer for '

final approval. The report will include a summary of the technical analysis of costs as a part of i the analysis of the technical proposals. The SEP's individual evaluation worksheets and summary score sheet (if appropriate) must accompany the Final Evaluation Report and will become part of the 1 official file.

52015.612 Formal Source Selartian.  ;

(a) For all proposed contracts with total estimated values in excess of $25,^00 the simplified acquisition level and expected to result from competitive technical and price / cost negotiations, the cooperative review efforts of technical, contracting, and other administrative personnel are fonnalized through the establishment of a Source Evaluation Panel. i (b) Appostment of a Source Evaluation Panel (SEP) is accomplished by memorandum initiated by_the~ director of the program office or the. director.'s designeenThis official is referred to as the Designating . Official (DO).7'1he Designating Official (OfHee Director or i designee)[(DO) is also responsible for co@i=r an i*p--- S e review and evaluaten of the SRs two. primary products after proposal evaluation; the Competitive Range Report and the Final Evaluation ReportP (c) A single technical member may be. appointed to evaluate proposals;with the contracting ofHoer's approval.iln such instances, the DO may appoint eachnical advisors (non-voting members) to assist the single technical member. Except in urmaual cases, the_SEP should not exceed five memhm includmg the Chairperson.

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(b) (1) The SEP includes:

(i) A cast d a t-Technical members (one of whom serves as i the chairperson) who participate in the scoring of proposals using weighted  !

evaluation criteria (if appropriate) and evaluating proposals using other unweighted factors; and 37 wa - . - - _ . . - , __

(ii) A contract ncgo:iator specialist who ensures that procurement mies and -

regulations are followed, ensures that the integrity of the process is maintained, and negotiates the contract on behalf of the NRC.

(2) Exccp; in unusual casca, ic SEP should not cacccd Ovc mcmbcra including ic Chairperson. The technical members are usually employees of the NRC program office initiating the request or other NRC employees with expertise in areas related to the solicitation Statement of Work. Appoin rncnt of a ;cchnical acmbcr from cics ian ic of5cc ini:ia:Ing ic icqucs: 23 cncouragcd. The SEP may include a technical member from other than the office initiating the request if special technical expertise is required to evaluate proposals. Employees of other agencies with expertise in a specific area may also serve as SEP technical members notwithstanding the fact that they are not employees of the NRC. Evaluators need not be Federal employees, but the potential for conflict of interest must be carefully considered in these cases and the solicitation should notify offerors of the NRC's intent to use non-Federal evaluators. The CO will make a determination whether or not a non-federal evaluator will be a voting SEP member. -For proposed procurements wii a :sta: catima:cd cos: of Ics; ian $500,000 over a performance period of ercc years or icas, a sing lc tcchidcal mcmbcr may be appoin:cd to cva ua:c proposals wii ic con rac:ing of5ccr's approval. Dcaigna:!on of SEP mcabcra is accomplished by acmcrandum ini;ia:cd by ic dircciar ofic progrran ofCcc or ic director's desigacc. This ofCcial is rcicrici o as ic Designa:ing CfEcial (DC). (This information was moved to D2015.612, Formal Source Selection.)

(c) The SEP chairperson may obtain the services of advisors (e.g., legal, financial, etc.) to assist the SEP. Advisors who serve on technical evaluation committees are appointed in .

writing by the DO. Advisors are not SEP members, and therefore do not seere formally evaluate ,

proposals. Advisors need not be Federal employees, but the potential for conflict of interest must be carefully considered in these cases, and the solicitation should notify offerors of the NRC's intent to use non-Federal advisors.

(d) The contracting officer shall establish the competitive range on all acquisitions. .

This is accomplished by approval of the SEP's written recommendation transmitted by the DO.

(e) The sourcc sc cc; ion ofncial is oc contracting ofCccr. The contracting officer's selection is made based on review of the SEP's recommendations as endorsed by the DO, together with all supporting data to ensure that award is in accordance with sound procurement principles and 7 directly related to the evaluation criteria as set forth in the solicitation. Any proposed selection not endorsed by the DO will be concurred in by the Head of the Contracting Activity.

(Thefirst sentence re: the " source selection oficial" has been moved to " Responsibilities

%2015.604.)

02015.670 Contract provisions.

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(a) The contracting officer shall include the provision found at f2052.215-84 83 Contract Award and Evaluation of Proposals, in all solicitations where technical merit is more important )

than cost 1

i (1) The contracting officer shall substitute the paragraph found at f2052.215-85 84 l for paragraph (b) in all solicitations for negotiated competitive procurements where cost is more I important than technical merit.

(2) The contracting officer shall substitute the paragraph found at (2052.215-86-85 )

for paragraph (b) in all solicitations for negotiated competitive procurements where cost and l technical merit are of equal significance.

(b) The contracting officer may make appropriate changes to the provision to accurately reflect other evaluation procedures, such as evaluation of proposals against mandatory criteria

{

and bench marking criteria for ADP- lInformation Technology (IT) procurements. 1 Part 2016 - TYPES OF CONTRACTS Subpart 2016.3 - Cost Reimbursement Contracts  !

Sm 2016.307-70 Contract provisions and clauses.

Subpart 2016.5 - Indefinite-Delivery Contracts Sn 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

$2016.307-70 Contract provisions and clauses.

(a) The contracting officer shall insert the clause at (2052.216-70, Level of Effort, in solicitations for negotiated procurements containing labor costs other than maintenance services, to be awarded on a cost reimbursement, cost sharing, cost-plus-award fee, cost-plus-fixed fee, time and materials, or labor hour basis.

(b) The contracting officer shall insert the following provisions and clauses in all cost reimbursement contracts:

39

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

i ceilings apply).  ;

(2) Section 2052.216-72, Indirect Cost Rates - Alternate 1 (where predetermined j rates apply). ,

(3) Section 2052.216-73, Indirect Cost Rates (Ceiling) - Alternate 2 (where j provisional rates with ceilings apply). l l

l (c) The contracting officer may make appropriate changes to these clauses to reflect ,

different arrangements.

{

Subpart 2016.5 -Indefinite-Delivery Contracts.  !

l SL  !

2016.506-70 Contract provisions and clauses.

l The contracting officer shall insert the following provisions in all solicitations and  :

contracts that contain task order procedures:

1 i l (a) Section 2052.216-74, Task Order Procedures; i (b) Section 2052.216-75, Accelerated Task Order Procedures.  ;

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SUBCHAPTER D - SOCIOECONOMIC PROGRAMS Part 2017 - SPECIAL CONTRACTING METHODS l l

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

Subpart 2017.2 - Options l

52017.204 Contracts (a) He co.. .a:hg of0ccr a.;y appieve ca:casbra ;c Ovc year ee..;.a;; for up :s ;

e;al of an ei:kka I six a.ones, for ic purpea of cen.pk bg ia cea.yc;nivc pir~cas for a folkw on co.....a;, prodkd i;; ia cea.ye;.;;vc scqu'resea; w;; icccived in DC no; k;; iaa six rc. cad.; before ic cr.d of Oa fifi yea.

1 (b) Tra Iked of da Co.ma;bg ^ c;ivhy a.ay approve ex;ciebas for up ;o a ;o;al of era

! Yew l (a)3The cou. aq officer may approve non cam:=*itive;extemianstwithin the;1indts of l bis /her delegation, to five-year contracts up to a total'of an additianal 6 mnnthtfor,the: purpose of completing thep 3-cytive process for a follow-on contract l provided,that the congetitive 5-Z-G-r-iwasLreceived in .DCPM .not less, than 6, months before_the end;of theMyea_r;g l

(b);Other, extensions must be approved,by,the Competition Advocateg l 1 Part 2019 - SMALL BUSINESS m,m u ou i. ,- oomum mom . m, mom- _ mom,1mco moo wi onm,,

l m ei m , m ,,,i o m m ,c.m Subpart 2019.7 - Subcontracting with small business. and-small disadvantai;;d busins &,a;ase. sunsB,disadygeleged.

l basiness'and wonnen-owned small bumisses concerns Set i

2019.705 Responsibilities of the contracting officer under the subcontracting assistance program.

2019.705-4 Reviewing the subcontracting plan.

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

1 41 1

7 _ _._ .____ . _ _ _

. i Subpart 2019.7 - Subcontracting with Small Business and Small -

Disadvantaged Business Concerns l 52019-705 Responsibilities of the contracting officer under the subcontracting assistance program.

52019.705-4 Reviewing the subcontracting plan.

(a) Durig ic source scicc:.en proccas, subcoum.c hg p!ans may bc rcqucs:cd from 21:

cun;ws. cqui.wd to sut.ni: icni a.30 de:cznihed to bc in ic co...y en;ive rangc, for acge;;;; ion

_e.<<_ - ___-

_..___ a ., m ---_

vv smaa nasw sayyssawAEE JuwwwJ@&uA v& 5wA v5 .

(b)- lThe 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 ensuringMJheyequhed M?goalsLand assurances lare; included (see FAR.194706)n

,,s , . < _ _ _ _ _ _,__ ___._. _,, _,.<__,_______.2__., t.. rin o n ,nJ gaf A Isw asssaaswa yisass vvssmasassa ensa vs tsaw wawaasvana a ergusa wu vy a m% a/.# n

(*) Siebevuus w'. s ig gous}S [si smess eaad snia'I d$sedVan agvd bus'isCes i cuiscesans asc spec!Ocelly act fore in cect co ;.ec: or mediCce:ien over oc a:a:u:ery 1. sbe:d; i (3) ^ ny chan@s :e :bc p en dan ~d n as; ry .nd res;. ired by ^m'ac cei.hac;bg e".ccr  ;

in arcas eics den go. ; arc ;rai5cally sc: fori in ic co-- c: er medinc.;ba; and I J

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42

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uuvyssa s avev. A us.swa esa o__t__a snsn o ne r= _ __ _ _ _ n um _ n s _ _ .

auspyssa 5 avev. A vds - uwssta SEA A v5sbJ Acquis ::c,aa ::s:s: etc in caccas of $25,000 sTsus; be rev;cwed for ps:ca::a: : abor ;;rp:us

_ _ . __, ____,2__. __r_ ____ >_____.1.t c i r, _ . . < , . _ . , _ _ __, _ . < _ _

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__ _ ? _ __ sgswastssy stag sesuus auss ysua Ess wesa Vvtsassanags sa ussa.

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Part 2022 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION Subpart 2022.1 - Basic Labor Policies.

Scca 2022.101-1 General 2022.103-4 Approvals.

Subpart 2022.9 - Nondiscrimination because of Age 2022.901-70 Contract provisions.

AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 4186 (b) 43

1 Subpart 2022.1 - Basic Labor Policies. -

62022.101-1 General.  ;

The Head of the Contracting Activity shall designate programs or requirements for which it is 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.

12022.103-4 Approvals.

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

R Subpart 2022.9 - Nondiscrimination Because of Age.

62022.901-70 Contract provisions. ,

The contracting officer shall insert the provision found at 92052.222-70, Nondiscrimination Because of Age, in all solicitaf;ons.

Part 2024 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION ,

Subpart 2024.1 - Protection of Individual Privacy  !

SE 2024.103 Procedures.

Subpart 2024.2 - Freedom of Information Act 2024.202 Policy.

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

Subpart 2024.1 - Protection of Individual Privacy 62024.103 Procedures.

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

l 44

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Subpart 2024.2 - Freedom of Information Act 12024.202 Policy. l The provisions at 10 CFR Part 9, Subpart A, Freedom ofInformation Act Regulations, are  !

applicable to the availability of NRC records to the publice

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SUBCHAPTER E - GENERAL CONTRACTING REQUIREMENTS ,

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

Srs.

2027.305 Aininistrat;ca of pa:ca: rights clausca.

2027.305-3 Follow-up by Government.

2027;305-70: d2 , Clauses AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2027.3 - Patent Rights Under Government Contracts.  ;

I 2027.305 A .ni..i.:. can of p;:en: rig.3 c:a ;;;.

The centrac:ing of5ccr sha" casure ia: cach contrac:or .cport is in wridag en whcier -

any pa:ca: righ;s arc being clahncd, beforc naal pay ran; and closcou; sf ic centract.

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 iniwriting en- any patents, copyrights, or royalties attained using any portion of the contract funds.

H- (b) iJf ag activityis to be reported, T the contractor shall, if no actidy is :s bc s.yened, cenify ca in conrecdon wie ic perfor.narec of ic cent.ac;; pnwide;the following)

Written determinatian before final payment and' closeout'of the contract:

(1) No inventions or discoveries were made, (2) No copyrights were secured, produced, or composed, (3) No notices or claims of patent or copyright infringement have been received by the contractor or its subcontractors, and (4) No royalty payments were directly involved in the contract or reflected in the contract price to the Government, nor were any royalties or other payments paid or owed directly to others.

i 46

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(b) The contracting officer may waive any of the requirements in paragraphs (a) (1)-(4) of this section, after documenting the file to indicate the -

(1) Impracticality of obtaining the document (s); and (2) Steps taken to attempt to obtain them.

(c) The contracting officer shall notify agency legal counsel responsible for patents whenever 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 fmal payment and closing out the contract.

$2027.305-Mf N psevisions and amtract clauses?

The; contracting citicer shall insert the clause _at $2052_.227-70LDrawingsfDesignsl 8PociScationsi;and.Detar in all ; contracts in which drawingsidesigns[specifn** Wor other

' data.will be devploped and. the,NRCimust stain fullfrights to. them (except for thefcontractor's right to; retain a copy for its;own use);LWhen any,of the clauses prescribed at.FAR27,409; Solicitation Provisions and Contract Clauses, are included in the solicitation / contract,.this clause:will not be used.

Part 2030 - COST ACCOUNTING STANDARDS Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2030.2 - CAS Program Requirements

$2030.201-5 "/AIVE" Malver Requests to waive Cost Accounting Standards (CAS) requirements must be submitted to the Chairman, CAS Board by the Procurement Executive. The requests for waiver must be forwarded through the Head of the Contracting Activity with supporting documentation and rationale in accordance with FAR 30.201-5.

47 1

l Part 2031 - CONTRACT COST PRINCIPLES AND PROCEDURES -

Subpart 2031.1 - Applicability h 1 2031.109-70 Contract classes.  :

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

Subpart 2031.1 - Applicability 12031.109-70 Contract clauses.

The contracting officer shall insert the clause at {2052.231-70, Precontract Costs, in all l cost type contracts when costs in connection with work under the contract will be incurred by the i contractor before the effective date of the contract. Approval for use of this clause must be obtained at one level above the contracting officer.

Part 2032 - CONTRACT FINANCING i

Subpart 2032.4 - Advance Payments for Non-Commercial Items Sec. 2032.402 General.

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

Subpart 2032.4 - Advance Payments .

52032.402 General.

(a) The contracting officer shall have the responsibility and authority for making findings and determinations and for approval of contract terms concerning advance payments.

(b) Before authorizing any advance payment agreements, except for subscriptions to publications, the approving official shall coordinate with the Office of the Controller, Division of Accounting and Finance, to ensure completeness of contractor submitted documentation.

48

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I Part 2033 - PROTESTS, DISPUTES, AND APPEALS .

i i

Subpart 2033.1 - Protests ,

1  :

I sec. i i

2033.103 Protests to the agency. 1 Subpeut 203342'- Disputes and Appeals Ess.t .

2033.203 4 ^pp :cehi:hy. Policy, 2033.211 Contract Claims - Contracting officer's decision.

2033.214 5 Contract clause.

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

Subpart 2033.1 - Protests

{2033.103 Protests to the agency.

The ages.;y asej ae; proccas, or ;hw!: c;ese psa;;;ing, agcay lcyc! piv^ce;; *a.: s.s ;

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.  : - . _ .. . 0 RNAnippeal.the, Contracting ONicer's decisionhissuingpriates spinost to ths)sencKDisgater,  !

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

The EBCA rules appear in 10 CFR Part 1023.

f2033.211 Contract Claims - Contracting officer's decision.

The contracting officer shall alter the paragraph at FAR 33.211(a)(4)(iv) (v) to identify the Energy Board of Contract Appeals and include its address: Wchb Dui' ding, Ross; 1006,4040 N.

Teirfax Drivc, Ar'ington, Virginia 22203, U.S. Department of Energy, Board of Contract Appeals, HG-50, Building 950,1000 Independence Ave., S.W.,'. Washington,' D.C. 20585, when preparing a written decision.

f2033.214 5 Contract clause.

The contracting officer shall use the clause at FAR 52.233-1, Disputes, with its Alternate I, where continued performance is vital to National Security, the public health and safety, critical and major agency programs, or other essential supplies or services whose timely reprocurement from other sources would be impractical.

SUBCHAPTER F - SPECIAL CATEGORIES OF CONTRACTIN Part 2035 - RESEARCH AND DEVELOPMENT CONTRACTING '

Sm 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).

52035.70 Contract clauses.

(a) The contracting officer shall insen the following clauses in all RFPs for research and development or in Requests for Proposals (RFPs) for other technical services, as appropriate:

(b) Section 2052.235-70, Publication of Research Results, except that in the case of universities, the contracting officer shall substitute the paragraph found at f2052.235-71 for paragraph c.

(c) Section 2052.235-72 Safety, Health and Fire Protection.

50

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52035.71 Broad agency announcements.

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

i l (1) Unique and innovative methods, approaches, or concepts demonstrated by the  !

proposal.

(2) Overall scientific, technical, or economic merits of the proposal.

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

(4) The qualifications, capabilities, and experience of tne proposed principal  ;

investigator, team leader, or key personnel who are critical in achieving the proposal objectives.

(5) Potential contribution of the effort to NRC's missiom (6) Overall standing among similar proposals available for evaluation and/or ,

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

~

(b) Once a proposal is received, communication between the agency's scientific or engineering personnel and the principal investigator is pennitted for clarification purposes only .

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

J (c) After evaluation of the proposals, the Designating Official shall submit a "[

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

Yt_ A 4A1A A PAY T1OYPPYnhT AD YkTUAn1K A FPRAh? YnY9 A ass 5 mv.7/ Elkhys/ AJA A AVA T V A' AAla vswYan A av&T mm fice- l 2030.001  !'o!!cy.

2030.002 Ocicgadons of procsmuscra auierhy.

AUTI!ORITY: 42 U.S.C 2201,42 U.S.C. 5841, AND 41 U.S.C. 41S(b).

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y.

Ir. acevidiuic W$Ni Nec Tcdcia'. Ei[s.. aNoa EceGu.cc3 hianagc.ncnt Scge$adon (41 CS Ch.

l 201), and eyy.vy..rac NRC hieragcincra Circedvcs,0;c OfCcc ofInferreadon Rcaources hieragcacnt Wi!! h; respvrall; for d;v;!epaar; and/or eyy; eval of squ;ieuca;; aralysi; ireluding irferradon l

i . aceda, k#. canon for opcc;Cc nake er.d inodel, analysis of ancrr.atives, ar.d Oc'.cgadcas of i

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Procurcmen: Aumod:y for informaaon rcsourccs managemen: procurements in cxccas of $25000 .

(automa:;d data processing, ciccommunica:;ons, and records), when required. These documcats must bc submitted to ic Division of Contracts and Propcr:y Managcmcn wie oc Rcqucst for Procurement Action (RTPA) for which ecac documents arc rcquired.

52039.002 Ocicgn: ion; of procarcaca: nu: hod:y-Thc NRC official authorized to sign Agency Procurcmcn: Rcqucs s and Agcacy Tc!ccom-munications Rcqucs:s for Ocicgetions of Procurcmen: Aueority is ec Ocpu:y Exccu:ive Dircciar for ,

Nudcar Matcdals Safc:y, Sarcgusrds and Opera: ions Support or desigacc. oc ChicfInforma: ion Officcr.

SUBCHAPTER G - CONTRACT MANAGEMENT Part 2042 - CONTRACT ADMINISTRATION Subpart 20'42.8 - Disallowance of Costs h

2(M2.803 Disallowing costs after incurrence.

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

I f

Subpart'2042.8 - Disallowance of Costs

$2042.803 Disallowing costs after incurrence.

(a) Vouchers and ir. voices submitted to NRC must be submitted to the contracting officer or designee for review and approval for payment. If the examination of a voucher or invoice raises a quessia regarding the allowability of a cost submitted, the contracting officer or designee shall:

(1) Hold informal discussions with the contractor as appropriate.

(2) If the discussions do not resolve the matter, the contracting officer shall issue a notice advising the contractor of costs disallowed. The notice must advise the contractor that it mg:

t 1

i (i) If in disagreement with the disallowance, submit a written

{

c laim to the contracting officer for payment of the disallowed cost and explain why the cost should be reimbursed; or i

52

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

l. .

l l

l (ii) If the disagreement (s) cannot be settled, file a claim under i i the disputes clause which will be processed in accordance with disputes procedures  !

l found at FAR Subpart 33.2; and j (3) Process the voucher or invoice for payment and advise the NRC Division of l Accounting and Finance to deduct the disallowed costs when scheduling the voucher for payment.  !

l (b) When audit reports or other notifications question costs or consider them unallow-  ;

l able, 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. l (1) One of the following courses of action must be pursued: )

1 (i) Accept and implement audit recommendations as submitted; (ii) Accept the principle 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:

(i) Hold discussions with the auditor and contractor, as l appropriate; l (ii) If the contracting officer agrees with the auditor concerning the questioned costs, attempt to negotiate a mutual settlement of questioned costs; t

(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:

l (A) Request that the contractor provide a credit adjustment (offset) against amounts billed the Government on the next or other future  ;

invoice (s) submitted under the contract for which the disallowed costs apply; (B) Deduct the disallowed costs from the next invoice submitted under the contract; 53

t. - - -- - _. - . _ . - - . - . - -

(C) Deduct the disallowed costs on a schedule determined -

by the contracting officer after discussion with the contractor (if the con-tracting officer determines that an immediate and complete deduction is inappropriate); and (D) Advise the contractor that a refund is immediately payable to the Government (in situations where there are insufficient payments owed by the Govermnent to effect recovery from the contract).

Part 2045 - GOVERNMENT PROPERTY Subpart 2045.3 - Providing Government Property to Contractors ScL 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).

Subpart 2045.3 - Providing Government Property to Contractors 62045.370 Providing Government property (in general).

(a) Unless otherwise provided for in FAR 45.302-1(d), applicable to Government facilities with a unit cost of less than $10,000, a contractor may be provided Govermnent property or allowed to purchase the property at Government expense upon determination made by the contracting officer with the advice of the agency property official that:

(1) No practicable or economical ahernative exists; e.g., acquisition from other sources, utilization of subcontractors, rental of property, or modification of program project requirements; (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 compare.d 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.

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. I (b) If the program office is aware before the submission of the RFPA that it will be l

necessary to provide prospective contractors with Government property, a written justification i must accompany the RFPA to the Division of Contracts and Property Management.

52045.3711 Property Am= ability Procedures.

l l

(a) Contracting Officers should determine whether title to.NRC property,should.be swainad by NRC at the time approval is given for an. equipment / property purchase,or:whether the , title;shall be vested,in the contractor.? Title to equipment and other tangible personal property valued at less than $5,000..is autommencally vested in contractors which are.non-profit inatinatinna of higher education or,,non9mfit, organizations whose primary pmpose is, scientific mecarchyhenJhe Puspose(the: contract hLbesse or applied

. s sesearch. [For,these same contractorsteho;oomtractisig oRleerjesyfis his. ar haryiscretionLvest titleAhlgher,dogerysdnes,'!sithmstjequirig nousiderasenewcommmeting.oincerMtais tanoyannia==ia= sugaspecesyantement Ref am pmputypHmHhnnd of mum of the propertyM em NRC or a theme contractorjicac!

ht sencidag a deesreninnainn1For all other contractsi if the contragting offloor detenmines that it;is in the Government's hept interest to vest. title _(taking into canaidaration the;same sort of criteria)f theicontractor must give consideration to the NRC equivalent.to the estimatad fair market value of the property.' The Contracting Officer's dierminationishall_ be'dnmunantad in the negotiation summary andfif title will be vested, so stated in the contract damimaat.

(b) Contractors are required by Federal Acquisition Regulation contract clauses found at Part 52.245,-2 and 52.245-5 to maintain their own property, systems _ to account for all_ Government acquired property.]

(c) Except in the case:of a firm fixed price; contract l h_ contractor shall, haw approval 1from Moontmoting ofacer prior to making any pachasegequipenet/proputyyaluedM900.00 or mose with NRC fhods,.

90 habreshold for detailed reporting of capitalised.equipmeathgomenu*gsMSM00 l gir iseau peceivedRthe: contractor on:or anerpetober 13995Ehtbredbe48)semim6$5AD0;ibr paphaused: equipment pachased prior to,0ctoberR1995]

(e) Contractors;are.nequired to: seed a copy of each;Finannimi Status Report (FSR).to tim _ Chief, Emperty and; Acquisition Omrsight Branchg OfficegAdministrationl whenever;the;FSRLufmances

1. m acquisition of. or change;in status;org pmpanyysined g am;thne of e-Myss0,coopr ante!

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i SUBCHAPTER H - CLAUSES AND FORMS -

Part 2052 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES Subpart 2052.2 Text of Provisions and Clauses E

2052.200 Authority. ,

2052.204-70 Security.

2052.204-71 Site access badge requirements.

2052.20^ 70 Qualificadsas of con: act ca.ploycca.

2052.209-7+ 209-3 Current /former agency employee involvement.

2052.2094 2 209-71 Contractor organizational conflicts of interest (representation).

2052.20943- 209;72 Contractor orgamzational conflicts of interest.

2052.210-70 " rand n.un; p;dum er equal.

2052.210-71 Drawings, dcaigns, 3pccificadens, and on.cr da:a.

2052.M240 211-70 Preparation of technical repons.

2052.H24+ 211-71 Technical progress report.

2052.2+242 211-72 Financial status report.

2052-212-73 2.11-73f; Financial status report - Alternate 1.

2052.211-747;, J 1 Resolving Differing Professionalyiews3j ,

2052.21145n.21121 Procedures forlResolvingfGtC_ Contractor Differag; (Professionalyiews 2052.214-70 Prebid conference. l 2052.H443 214f71 Timely receipt of bids.

2052.H444 214-72 Disposition of bids.

2052.215-70 Key personnel.

2052.215-71 Project officer authority.

2052.215-72 Project officer authority - Alternate 1.

2052-215-73 Project officer authority - Alternate 2. l' 2052.215-74 Timely receipt of proposals.

2052.215-75 Award notification and commitment of public funds.

2052.215-76 Disposition of proposals.

2052.215-77 Proposal presentation and format.

2052.215-78 froposal presentation and format - Alternate 1. (language for negotiated task order contracts.)

2052.215-79 Proposal presentation and format - Alternate 2. (language for negotiated fixed price, labor hour, or time and materials contracts.)

2052.215-80 Preproposal conference.

2052.215-81 Travel reimbursement. ,

2052.215 42 Traa scia.buraca.ca: - A :cr..;;; 1.

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L 2052.215-82( Travel approvals.

2052.215-83 Contract award and evaluation of proposals - technical merit more important than cost.

2052.215-84 C6ntract award and evaluation of proposals - cost more important than technical merit.

2052.215-85 Contrac't award and evaluation of proposals - cost and technical t merit of equal value.

l 2052.216-70 Level of effort.

l 2052.216-71 Indirect cost rates.

2052.216-72 Indirect cost rates - Alternate 1. r 2052.216-73 Indirect cost rates (Ceiling) - Alternate 2.

2052.216-74 Task order procedures.

l 2052.216-75 Accelerated task order procedures.

l 2052.222-70 Nondiscrimination because of age.

M2;227302M;id3EDiawings7designsLWRandiceerJlsen 2052.231-70 Precontract costs.

2052.235-70 Publication of research results.

2052.235.71 Publication of research results - universities.

2052.235-72 Safety, health, and fire protection.

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

Subpart 2%'.2 - Text of Provisions and Clauses

$2052.200 AeWarity.

l 12052.204-70 Security.

As prescribed at $2004.404(a), insert the following clause in applicable solicitations and contracts:

Security (a) Security / Classification Requirements Form. The attached NRC Form 187 (See Section J for List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have

! an NRC contractual relationship that requires access to classified information or matter, access

on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security Information, Restricted

[ Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security i

57 l

l

Information, 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 performance 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 possession of the contractor or any person under the contractor's control in connection with performance of this contract. If retention by the contractor of any classified matter is 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 ' heir 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.

(c) In connectir,u with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information in whole or in part to any other person or organization except as 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.

(d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Security and the Contracting Officer. These changes will be under the authority of the changes clause.

(e) Definition of National Security Information. The term National Security Informa-tion, as used in this clause, means information that has been determined pursuant to Executive Order 12356 or any predecessor order to require protection against unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. The term Restricted Data, as used in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but does not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.

58

l~ (g) Definition of Formerly Restricted Data. The term Formerly Restricted Data, as used in this clause, means all data removed from the Restricted Data category under Section 142-d of the Atomic Energy Act of 1954, as amended.

- (h) - Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified infor-mation, 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 required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.

l (i) Criminal liabilities. It is understood that disclosure of National Security Informa-tion, Restricted Data, and Formerly Restricted Data relating to the work or services ordered hereunder to 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 contractor's control in connection with work under this contract, may subject the contractor, its agents, employees, or subcontractors to criminal liability under the laws of the United States. (See the Atomic Energy Act of 1954, as amended,42 U.S.C. 2011 et seq.; 18 U.S.C.

793 and 794; and Executive Order 12356.)

(j) Subcontracts and purchase orders. Except as otherwise authorized in writing by the contracting officer, the contractor shall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

(k) In performing the contract work, the contractor shall classify all documents,

. material, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, and equipment must provide that the subcontractor or supplier assign classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.

l l (End of Clause) 62052.204-71 Site access badge requirements.

As prescribed at (2004.404(b), insert the following clause in applicable solicitations and contracts:

l Site Acrecc Rndoe Reauiremente l

'59 l

l

I -

l 1

During the life of this contract, the rights of ingress and egress for contractor personnel .

must be made available as required. In this regard, all contractor personnel whose duties under this contract 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 personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination '

of employment of any contractor personnel. Contractor personnel must have this identification in i

their possession during on-site performance under this contract. It is the contractor's duty to l assure that contractor personnel enter only those work areas necessary for performance of contract work, and to assure the safeguarding of any Government records or data that contractor personnel l may come into contact with.

(End of Clause) i 13052.20" 70 Qun incetiens of centreet empseyec;.

As picacribcd a; s2000.105 '0, insen the following previsica in applicabic sc !ci a:icas:

l Qualifications of Contract Employccs The offeror herchy cenincs dca....iras by submissica ofiis effer ia: at scpresca:ations made regarding its cap!cyccs, propescd subcontrac:or personaci, and consul; ants arc accurat.

(Cad of Previslca) f2052.209-M j70 Current /former agency employee involvement.

As prescribed at f2009.105-70, insert the following provision in applicable solicitations:

Current /Former Agency Emnloyee Involvement i

(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 of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders.

(b) Thc offerer hcrchy cenincs ia: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 60

indirectly, in developing the offer, or in negotiating on behalf of the offeror, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this offer. For each individual so identified, the Technical and Management proposal must con-tain, as a separate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and brief description of the individual's role under this Proposal.

(End of Provision) l 1

62052.209-M 71 Contractor organizational conflicts of interest (representation).  ;

As prescribed in {2009.570-4(b) and f2009.570-8, insert the following provision in applicable solicitations:

Contractor Organi7mtional Conflicts of Interest Representation ,

I represent to the best of my knowledge and belief that: f The award to of a contract or the modifx:ation of an existing contract does / / does not / / involve situations or relationships of the type set forth- ,

in 48 CFR 2009.570-3(b).

(a) If the representation, as completed, indicates that situations or relationships of the type set forth in 48 CFR 2009.570-3(b) are involved, or the contracting officer otherwise i determines that potential organizational conflicts of interest exist, the offeror shall provide a statement in writing which describes in a concise manner all relevant factors bearing on his representation to the contracting officer. If the contracting offx:er determines that organizational conflicts exist, the following actions may be taken:

(1) Impose appropriate conditions which avoid such conflicts, (2) Disqualify the offeror, or (3) Determine that it is otherwise in the best interest of the United States to seek award of the contract under the waiver provisions of 48 CFR 2009-570-9.

i l

61 l

l

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

f (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 m  !

disqualification of the offeror for award, {

(End of Provision) l

$2052.209-73 72 Contractor organizational conflicts of interest. l v

As prescribed at {2009.570-5(a) and (2009-570-8, insen tb following clause in all t applicable solicitations and contracts-Contractor Oranni7ational Conflicts of Interest i

L (a) Purpose. The primary purpose of this clause is to aid in ensuring that the  !

. - contractor:

(1) Is not placed in a conflicting role because of current or planned interests  !

(financial, contractual, organizational, or otherwise) which relate to the work under this contract; and-

~ (2) Does not obtain an unfair competitive advantage over other panics by virtue of

'its performance of this contract.  ;

i (b) Scope. The restrictions described apply to performaix:e or panicipation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.

(c) Work for others.

(1) : isotwithstanding any other provision of this contract, during the term of this . j contract the contractor agrees to forego entermg into consulting or other contractual  !

arrangements with any firm or organization, the result of which may give rise to a conflict of  !

interest with respect to the work being performed under this contract. The contractor shall ensure l that all employees under this contract abide by the provision of this clause. If the contractor l has reason to believe with respect to itself or any employee that any proposed consultant or other  ;

contractual arrangement with any firm or organization may involve a potential conflict of l interest, the contractor shall obtain the written approval of the contracting officer before the j execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise suppon an NRC licensee j or applicant undergoing an NRC audit, inspection, or review where 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 i

I 62- l

I e

e applicant requires the contractor's support to explain or defend the contractor's prior work for l the utility or other entity which NRC questions.

'(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 applicant 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, or last time at the site (if not a task order contract).

(4) When the contractor performs work for the NRC under this contract at any NRC

' licensee or applicant site, (i) The contractor may not solicit work at that site for that

, licensee or applicant during the period of performance of the task order or the contract, as appropriate.

! (ii) The contractor may not perform work at that site for that

,_ licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

l (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 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.

, (1) The contractor warrants that to the best of its knowledge and belief, and except i 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.

l l (2) The contractor agrees that, if after award, it discovers organizational  !

conflicts of interest with respect to this contract, it shall make an immediate and full disclosure l

! in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.

(3) . It is r==ai-i that the scope of work of a task-order-type contract j

necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order- i

, type contract, the contractor agrees that it will disclose all proposed new work involving NRC l _ licensees or applicants which comes within the scope of work of the underlying contract. Further, a

f.

i i

l 63 l

i

, +- - , , a

il ,

if this contract involves work at a licensee or applicant site, the contractor agrees to exercise ,

diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other  ;

i regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other i documents that are needed to fully describe the proposed work for the regulated utility or other '

regulated entity. NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a  ;

l task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.  ;

i (e) Access to and use ofinformation. l I

l (1) If in the performance of this contract, the contractor' obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data pro- +

I tected 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)), the contractor agrees not to: ,

(i) Use this information for any private purpose until the  ;

information has been released to the public; j Compete for work for the Commission based on the l (ii)_ I information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; l

(iii) Submit an unsolicited proposal to the Government based j on the information until one year after the release of the information to the public; t or l t

(iv) Release the information without prior written approval by i the contracting officer unless the information has previously been released to the {

I public by the NRC. 1 l

(2) . In addition, the contractor agrees that, to the extent it receives or is given l l

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 j privileged technical, business, or financial information under this contract, the contractor shall l treat the information in accordance with restrictions placed on use of the information.

1 64

)

l (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 l that all requirements of this contract have been met. l J

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondis-closure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer 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 may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.

(End of Clause)

20.'

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gs.ssats gra vassupwf 52052.9H-90 2H40 Preparation of tek*ni reports.

As prescribed at (2^12.1^4 ^,(a),2011404-70(a)Iinsert the following clause in applicable solicitations and contracts:

Preparation of Technical Renorts All technical reports required by Section C and all Technical Progress Reports required by Section F are to _be prepared in accordance with the attached Management Directive 3.8,

" Unclassified Contractor and Grantee Publications in the NUREG Seriess" Management Directive 3.8

. is not' applicable to any Contractor Spending Plan (CSP) and any Financial Status Report that may be included in this contract l (See Section J for List of Attachments).

(End of Clause) ,

66

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~

52052.HM1 :211-71 Technical progress report.

i-As prescribed at 52012.104 '0(b) 2011.104-70(b), insert the following clause in applicable l solicitations and contracts: i p

l l Technical Progress Reoort j l

The contractor shall provide a' monthly Technical Progress 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, Financial Identification Number (FIN), 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:

1 (a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanation provided;

-(b) Any problems or delays encountered or anticipated and recommendations for resolution. If the recommended resolution involves a contract modification, e.g., change in work l requirements, level of effort (cost) or schedule delay, the contractor shall submit a separate i letter to the contracting officer identifying the required change and estimated cost impact. )

(c) A summary of progress to date; and (d) Plans for the next reporting period.

I (End of Clause) 63059:HMB 3053,211i72 Financial status report. Use updated versionperDCInst. 965 As prescribed at (2012.104 70(c),201.11104-70(c) insert the following clause in applicable  ;

solicitations and contracts. l Financial Status Report I The contractor shall provide a monthly Financial Status Report to the project officer and

- the contracting officer. MgQWhgpejet.gslettegghegggjRggggkJggg(gM E M '9gg eggL M M M M M aneJ M p m m , m

. M'MMjgggM$eggespMf giggM]KM. 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, job code, project manager and/or principal investigator, the -

i ,

4 t

I 67 1

contract period of performance, and the period covered by the report. Each report must include the .

following for each discrete task:

(a) Providc tota: estimated cost (valuc) of ic projcct as rcuccted in ic contract, ic amount of funds availabic in ic centracHo daic, and sc balascc of funds required to compicic sc we-k as fellows:

(1-)(a) Total estimated contract amount.

(2)(b) Total funds obligated to date.

(3)(c) Total costs incurred this reportmg period. ,

l i

1 l (4)(d) Total costs incurred to date. l l

(5)(c)pcVidc a d Detail of all direct and indirect costs incurred during l

the reporting period for the entire contract or each task, if it is a task ordering contract.

l (6)(f) Balance of obligations remaining.

l (7)(g) Balance of funds required to complete contract / task order.

(8)- (h) Contractor Spending Plan (CSP) status:

(i),(1) Projected percentage of completion cumulative through the report period for the project / task order as reflected in the current CSP.

(ii) (2)lladicate if there has been a significant change in the original CSP projection in either dollars or percentage of completion. Identify the change, the reasons for the change, whether there is any projected overrun, and when additional funds would be required. If there have been no changes to the original NRC-approved CSP projections, a written statement to that effect is sufficient in j lieu of submitting a detailed response to item-8-h.

l l (9)(3) A revised 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.

9) Dorsig, stag!s!

68

l (1) List property acquired for the project during the month with _an acquisition cost '

of $500 or more and less than $50,000. Give the item number for the specific l piece of equipment.

(2) List property acquired for the project during the month with an acquisition cost  ;

of $50,000 or more.; Provide the following information for each, item of property:litem hpeon or nomenclature, manufactmer, model number,1 serial number, acquisition coctTand receipt datehlf no propertyswas acquired during the month, include a statement to that effectD Note:MThe same informationlshall ,

be provided for any component.or peripheral equipment which.is part of afsystem or system unit.";

(3) For multi-year: projects., Tin theh cieber monthly;financiapstatus report

. Provide a cmmd**ive. listing of property with~an acquisitirm; cost ofj$0,00 Eor more ($5,000 or more if W prior;to October #1995Kshowing the above information.

(4) In.the final monthly; status. report l provide a' closcout property report containing the same elements as described. above. for the monthly 1 financial status reports, for all property purchased with NRC funds regantless;of value;unless, title has been vested in the contractor. : If no property;was1 acquired under thel contract, provide a statement to that effect.Y The_ report should. note anyl~ property requiring special handling for security, heahhisafety,'or~other reasons;as part of the' report.

(j)fTravel status:

List. the _startmpad end: dates for each trip,;the;startirig' point and;destinatinnfand AtraveMs) for each trip; (b) If the data in this report indicates a need for additional funding beyond that already obligated, this information may only be used as support to the official request for funding required in accordance with the Limitation of Cost (LOC) Clause j (FAR 52.232-20) or the Limitation of Funds (LOF) Clause FAR 52.232-22.

(End of Clause)  ;

69

m ,

k

- I 2052.3HS3 211.73 Financial Status Report - Alternate 1 .

- As prescribed in 62011;104-70(c), insert the following clause in applicable solicitations; j Financial Status Reoort - Alternate 1 a_-- ___et_; r_ cen , . na ,ne_s r___m .t _ r_i ___.r__ _i_..__ r_ -- r__t,_ __.2 r___.

nc y5 waw A 5pw 555 35-V 5 4. 5 VT # Vgwf, 5550w5 a 55sh RV55V TT 555g b555t4J4p 555 E5yyE 5kE5V5W DVB5bstEEE5V550s g The contractor shall provide a monthly Financial Status Report to the Project Officer and the Contracting Officer. Also; whenever the report references.the; acquisition of, orichanges;in ,

the _statusg/propeny valued at the timepf purchase ._atJ50,000 or moesfsendf.a copy of the report  !

WMChief@Wp;and; Acquisition Oversight BranchgO$e of Administration. The report is j 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 repon. Each report shall include the following for  ;

each discrete task:  !

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._ - _ . _ _ .t _ _ . _ _ . _ __ , _ , , _ _ . . . .

DV 4,V555ysw ste b5 EW TV V5 NE E50 AVERV TV a e (1-)(a) Total estimated contract amount.

(3)(b) Total funds obligated to date.  !

(3)(c) Total costs incurred this reporting period. i a

(4)(d) Total costs incurred to date.

(6)(c)favn - d- Detail of all direct and indirect costs incurred during l the reponing period for the entire contract or each task, if it is a task ordering j contract.

L (6)(f) Balance of obligations remaining.  ;

r (7)(g) Balance of funds required to complete contract / task order. i M

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(2) List property acquired for the project during the month with an acquisition cost of $50,000 or more. Provide the following information for each item of property: item description or nomenclature, manufacturer,- model number, serial number, acquisition cost, and receipt date. If no property was acquired during the month, include a statement to that effect. Note; eThe_same information shall be provided for any component or peripheral equipment which is rat.of a " system or system unit."

(3) For multi-year projects,' in the September monthly financial status report provide.a_ cumulative listag of property;with an acquisition.. cost of,$_50,000,or more ($5,000 or more if purchased prior to Octoberg1995),abowing the above information.

(4) In the final monthly status report provide alclosecut peeperty report containing the same:clements,as describodiabove for.the. monthly flamacial status _ reports; for all property purchased with.NRC funds regardlessiofvalue uninna title has been vested in the contractor. lIf no property was_ acquired under the contract, provide a statement to that effect. The report.shouldinote.any property requiring special handling for security [ health,Lsafety,'or other reasons as part of the report.

(i) Travel status:

List the starting and end dates for each trip, the starting point.and: destination; and the. traveler (s) for each trip:

[End of Clause]

$20$2.211-74; Resolving Differing Professional _ Views:

As prescribed,in (2011.104-70(e), insert the following clause, in; applicable solicitarians:

REROLVING'NRC CONTRACTOR DIFFRRING PROFFRRIONAliVIEWS P (DPVar l

) 71

62052.211-75 Procedures for Resolving NRC Contractor Differing Professional Views .

As prescribed in 12011.104-70(e), insert the following clause in applicable solicitations:

PROCEDURFX FOR RRKOLVING NRC CONTRACTOR

- / ,

, plFFERING PROFESSIONAL VIEWS 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,(1) may differ from a prevailing NRC staff view, (2) disagree with an _NRC decision or policy Position,',or.(3)_take issue _with pmposed or established agency practices;1An occasion may arise when;an NRC contractor,1 contractor's personnel, Lor subcontractor personnel . believes that a conscientious expression of..a n- -f -r judgement is; required to;docenent,such concerns on matters dhoctly._ associated with its performance,0f the contmetJThe procedure 1that will be usedlproviaes for the expression and resolution of R7 pag pmfossionalyiews .(DPVs) of haakhland; safety related. concerns associated with the mission of,the agency by _NRCl contractors; contractor personnel or subcontractor personnel on matters.directly. associated with its,performswe of the couk.ct; may be found in Section J of the solicitation.' The contractor. shall provide a copy of tQNRC DPV procedure to all of its. employees perforrmag under this contract and to all l

l 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 received but need not endorse them."

(f,' _

_(End,of Clause) l I

I 72

(2052.211-75 Procedures for Resohing Differing Professional Views !

As prescribed in $2011.104-70(e),' insert the following clause in applicable solicitations:

PROCEDURES FOR RESOLVING NRC CONTRACTOR DIFFERING PROFESSIONAL VIEWS ~ (DPVs)

I; Background (a) The Nuclear Regulatory Conn *mion's (NRC) policy is to_ support the expression of Peof="*ian".l health and safety relatedp=wns associated with the contractorslyork.,%NRCithat say;dirier from a prevailing:starrylewfan NRC decision lor policy p=kimi proposed;og menhlished agency practices [or signBar,fmidarminmEThe following procedure provides;hthe expsenionlandl resolution;of diffrT ing professional views fDFVs);of health;andissfety related concermlof NRC contractoriLat4 contractor personnel onjmetters connected to d%mbject of the contract.i The NRC mayimthnrize up. to'eight reimbursable; hours for,the contractor;tsrdm'a-W in writing a' DPV by;the contractor l the. contractor's personnel; or subcontractor personnelg Subcontractor DPVs shall be sulunitted through the prime contractor.gThe prinne esmeractor or enhen-eractor shall suhadt:all DFV's received hut need not endorse theum.lla the event sufBeient funds .are not_ available under the contract; the; contractor shall first obtain authorization from the Contractmg Officer providing sufHcient funds to cover thel cost;of Preparing the DPV.;With the exception of the above specified payment for;eight hoursyosk,on;a DPVR.the contractor shall not be_ entitled to any, additional gy -Morfadditinnel work under Itcontract by virtue of the DFV submission!

(b) Cottract ihnds}ahall not be authorizeditop-m anLauegation in.theM j hutances where the me of this.NRQl contractor DIN process;is.inapproprialeGThis process)Iudl_

mg be;used;for nuesarkungwmagdoingmwhich should be; addressed dhoctlyJojheJRQa8lpe;of K1mpactor_oeneral (olo)tismes sah=iaad anommmmaly; fames;that are demnedMIRICAbe l pivpices or_otherwise'notXaccordance with;de policy undstying thne pmcahmegor ba6es I miend which have;aktady been comideredf addremed, lor MLatment;signincast ney informationt Note that thisLprocedure;does not provide anonymityRIndividuals desiring;anonyantv shald contact the;NRC OfHce;of the Inspector General or submit thelinformeia underMtQls  ;

Auegation Program;;as'appmpriate;

~

(c) Each DPV;shan be abminad in wrhing and wift be. evaluated;on;itsjown meritsj a; nPv Pancannan (a) Ehen mqsindidgcontractor shah,initime es,DPM pmoesshmbmMag}migas ta+am-me shoomy texteiC ornge Directorgiksionai Mermar resposase_sorjhe possmot;.wini:aampyreepentracting Oincer,,oivisiongContracts,0 noegaa=i hamia=:

73

. J i .

l i (b) The DPV,-while being brief, shall contain the following as it relates to the subject ,

matter of the contract:

(i). a summary of the prevailing NRC view, existing NRC decision or stated position, or the proposed or established NRC practice.

(ii) a description of the submitter's. views and how they differ. from~any of the above items; J

i I

l (iii),the rationale for the submitter's views, mcluding an.

assessment based on risic, safety,and. cost . benefit i considerations of.the ConPequences should_ the l submitter's positicanot be_ adopted _by NRCj i

b (c) The_ Office. Director or, Regional Administratorpillimmediatelyforward the schmittal to the;NRC DPK Review Panel and ackanwiedge^ receipt of the DFV7 ordinarily,within five (5), calendar  ;

days..of receipt; (d) The panel will normally review the DPV within seven calendar, days of receipt to determine,whether enough information has been supplied to. undertake a. detailed review of the _

issuchTypicallyiwithin 30 calendar. days of receipt _of the m*=s=y._information to begin;a review, the panel will provide aLwritten report of its findings'to the. Office Director or< Regional Administrator'and to the Contracting Officer,.which ' c.ludes_a m recommended course.of action!

(e) The_ Office Director or Regional l Administrator will~ consider the DPVx Review Panel's reportfmake a; decision on the DPV and provide a written decision to the contractor and the Contracting Officer nonnally,within seven, calendar daj t after' receipt;of the panel's rnenmmandatian.

(f) Meetto,the decision made regarding the DEReview Panet'syeportRa smmanry,pf the imme and its disposition will be included in the NRCJeeldy Informationl Report adunieandjby the Office DirectorgThe.DPV; file will be retained,in the,0fficelor Region ~forlm mininnun of one year thereafterMor purposes of.the contract, the DRV shall be considered a deliverable under the contractiBased.upon the CMicel Director or Regional Administrator's report, the matter;will be closedg EEEs&Hb: i b dweg(End of Clause) 52052.214-70 Prebid conference.

As prescribed at $2014.201-670(a), insert the following provision in applicable solicitations:

74

i

- i t

a I Prebid Conference  !

I I

(a) A prebid conference is scheduled for:

. Date:

• Location:

• j Time:

• l (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 concernmg 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 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 solicitation. 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, i

cach potential bidder is limited to

• representatives at the conference.) i 1

(c) Written qu::stions must be submitted to:

U.S. Nuclear Regulatory Commission Division of Contracts and Property Management ATTN:

• Mail Stop T-7-I-2 Washington, DC 20555 (d) The envelope must be marked " Solicitation No. * /Prebid Conference."

(e) . A transcript of the conference will be furnished to all prospective bidders through the issuance of an amendment to the solicitation.

• To be incorporated into the solicitation.

(End of Provision)  !

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fra_ J r n_ _ _ .t _ ! _ _ s l \&wasta va a av v aasvsaf 68052d1443 2052.214-72 Timely receipt of bids. l As prescribed at $2014.670(b), insert the following provision in applicable solicitations:

Timely Receipt of Bids Because the NRC is a secure facility with perimeter access control, bidders shall allow additional time for hand delivery (including express mail and delivery services) of bids to ensure es,~. w aa _L_

that they are timely received in the .>m_y_v_._.*.__. s s,,s , .t .L. tam pas ... ._ .a 1_ m ..

m.m c.__2__,

_ _ n, v_.s .L _o ss, vn.a _ . r _v.__. sss l Sh pfBospigasted 4theMiicitation package.

(End of Provision)

I 53052d1444 [20EL214s73 Disposition of bids.

e 5

)

J l

i l 79

l As prescribed at 2014.670(b), insert the following provision in applicable solicitations: ,

Disoosition of Bids l

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(5)(b). 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) f2052.215-70 Key personnel.

As prescribed at f2015.407-70(a), insert the following clause in applicable solicitations and contracts:

l l Key Personnel l (a) The following individuals are considered to be essential to the successful performance of the work hereunder:

, +

l The contractor agrees that personnel may not be removed from the contract work or replaced without l compliance with paragraphs (b) and (c) of this section.

(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indiceed in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting of5cer, promptly replace the personnel with j personnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed l explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution.' The contracting officer or his/her authorized representative shall evaluate the request and promptly notify the contractor of his or her approval or disapproval in writing.

80

1

• ~ e

- 1 (d) If the contracting officer determines that suitable and timely replacement of key  !

personnel who have been reassigned, terminated, or have otherwise become unavailable for the l contract work is not reasonably forthcoming, or that the resultant reduction of productive effort l would be so substantial as to impair the successful completion of the contract or the service l order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. 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.

(End of Clause)

• To be incorporated into any resultant contract 52052.215-71 Project omcer autlerity.

As prescribed in f2015.407-70(a)(2)(i), insert the following clause in applicable solicitations and contracts:

Project Officer Authority (a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:

Name:

• Address:

• Telephone Number:

(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:

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, fills in details, or otherwise serves to accomplish the contractual statement of work. 1 (2) Provide advice and guidance to the contractor in the preparation of drawings, l specifications, or technical portions of the work description.  !

l (3) Review and, where required by the contract, approval of technical reports, j drawings, specifications, and technical information to be delivered by the contractor to the

' Government under the contract.

i 81

. t (c) Technical direction must be within the general statement of work stated in the -!

l contract. The project officer does not have the authority to and may not issue any technical i l direction which: 1 (1)' Constitutes an assignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the " Changes" clause of this contract.

(3) In any way causes an increase or decrease in the total estimated contract cost, ,

the fixed fee, if any, or the time required for contract performance.

l i

(4) Changes any of the expressed terms, conditions, or specifications of the )

contract.

l (5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever. l I

(d) All technical directions must be issued in writing by the project officer or must be j 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. j (e) The contractor shall proceed promptly with the performance of technical directions

. duly issued by the project officer in the manner prescribed by this clause and within the project (

officer's authority under the provisions of this clause. j l

l (f) If, in the opinion of the contractor, any instnztion or direction issued by the l project officer is within one of the categories as defined ia paragraph (c) of this section, the l contractor may not proceed but shall notify the contraedng officer in writing within five (5) l working days after the receipt of any instruction or 6.rection and shall request the contracting l u officer to modify the contract accordingly. Upon n.:eiving the notification from the contractor, l the contre.cting officer shall issue an appropriate co atract modification or advise the contractor l' in writing that, in the contracting officer's opinion, the technical direction is within the scope of this 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 l expending funds for unallowable costs under the contract. l l

(h) A failure of the parties to agree upon the nature of the instruction or direction or l

upon the contract action to be taken with respect thereto is subject to 652.233 Disputes.  ;

I (i) In addition to providing technical direction as defined in paragraph (b) of the' l section, the project officer shall:

l ,

i i

82  ;

i

l (1) Monitor the contractor's technical progress, including surveillance and l\ assessment of performance, and recommend to the contracting officer changes in requirements.

i l

(2) Assist the contractor in the resolution of technical problems encountered during performance.

(3) Review all costs requested for reimbursement by the contractor and submit to the l contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.

(End of Clause) 12052.215-72 Project officer authority - Alternate 1.

As prescribed at $2015.407-70(a), (for issuance of delivery orders for specific products / services).

Project Officer Authority - Alternate 1 (a) The contracting officer's authorized representative, hereinafter referred to as the project officer, for this contract is:

Name:

• l Address:

• Telephone Number:

• l (b) The project officer shall:

i (1) Place delivery orders for items required under this contract.

1 (2) Monitor contractor performance and recommend to the contracting officer changes in requirements.

(3) Inspect and accept products / services provided under the contract.

(4) Review all contractor invoices / vouchers requesting payment for products / services provided under the contract and make recommendations for approval, disapproval, i or suspension.

l (c) The project officer may not make changes to the express terms and conditions of this I contract.

• To be incorporated into any resultant contract 83

r -

j t -

1 4

, a L.-

(End of Clause) f2052.215-73 Project Officer Authority - Alternate 2.

l As prescribed at f2015.407(a) for solicitations for firm fixed price contracts, the clause at 2052.215-72 Project Officer Authority shall be used with paragraph b(1) deleted and the remainder of the clause renumbered.

52052.215-74 Timely receipt of proposals.

As prescribed in (2015.407-70(a), insert the following provision in applicable j solicitations:

Timely Receipt of Proponnin

' Because NRC is a secure facility with perimeter access control, offerors shall allow additional time for hand delivery (including express mail and delivery services) of proposals to ensure that they are timely received in thc depo.;;o;j et iah addicos else-n in ^a in 9 on isc 0;;;.'s.sid " vias 33. office designated;in the solicitation package.

(End of Provision) 52052.215-75 Award notification and commitment of public funds As prescribed at $2015.407-70 (a), insert the following clause in applicable solicitations and contracts:

Award Notification and Commitment of Public Fund.

,_\ . . . _m - __ _ , . . <_ _ _, _ , . < _ , _ _ _ , _ . . __ _ _ _ _ _ , _ . _ _ __ ____ __ ____ea_

gmf E uas vaawava s vv aan uw usussambma va maswas swswwsavaa va asvasews w asvaaung svvaa .sg yg-we ss/aw .

va sa a a swes $a b $stramewshws [a v[ masaa wasa kNha b $sabf asy As essa na b hvassassh susb L___ _ _ _ __J_J TL-__ __.4_ ia_ _ *

• _fMAh 1E 1 #%#11 /L\ /9 % - e*

• __**r__.?__ .. .!11 L.

wwwas sa vv uur.tstms. a taa ewesass sv name, agnamat.saawaste va a suas A.#. Avva gvfge.f, yawasaamasassay savsasawassavaa Tv aan n/w ya v y Erw va h ash h yv eta abk baasbas v0baashhb hh sah h yabSNawasswas e has subhh ab ys vhtaa Emasw$akN (4 'Me9segygignosisiedgeludrpolus!on#,th[ggggghjtjlgsge# i Nantuits3dNM4NER9EBunnetmagsguimamungaggggggggggpM!h!>ut BRANDeMetBagetBMhen* MemelubesullDahequesd8BBBWNRMMW ImmgeMasumeWERumpnetsmeninanJ#numanegges>JetWmee g u e stW B N R eg g e g n e n!s a g me g gpgees e n 1

l (b); It is also brought to your attention that the contracting offwer is the only

(

f individual who can legally commit the NRC to the expenditure of public funds in connection with -

84 l

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, e --, ,

this procurement. This means that unless provided in a contract document or specifically .

authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give informal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal contractual commitments include:

(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract in I

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) f2052.215-76 Disposition of proposals.

As prescribed in {2015.407-70(a), insert the following provision in applicable solicitations:

D_isoosition of Prooosals l

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 submission of the proposals, all other copies will be destroyed. This request should appear in a cover letter accompanying the proposal.

(End of Provision) f2052.215-77 Proposal presentation and format.

, As prescribed at $2015.407-70(b), insert the following provision in applicable solicitations:

Prooosal Presentation and Format (a) Proposals must be typed, printed, or reproduced on letter-size paper and each copy must be legible.

4 85

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

L

\ .

5 (b) Proposals in response to this Request for Proposal must be submitted in the following three (3) separate and distinct parts:

(1) Two (2) original signed copies of this solicitation package. All applicable sections must be completed by the offeror.

(2) One (1) original and

• copies of the " Cost Proposal."

(3) One (1) original and

• copies of the " Technical and Management Proposah";or (Oral Pe*= Material"Jas. applicable).

(c) Correctness of the proposal. Caution--offerors are hereby notified that all i information provided in its proposals, including all resumes, must be accurate, truthful, and  ;

complete to the best of the offeror's knowledge and belief. The Commission will rely upon all representations made by the offeror both in the evaluation process and for the performance of the work by the offeror selected for award. The Commission may require the offeror to substantiate the credentials, education, and employment history of its employees, subcontractor personnel, and ,

consultants, through submission of copies of transcripts, diplomas, licenses, etc.

(d) Cost proposal.

(1) The offeror shall use Standard Form 1411, Co.. ct "ricieg "sere ! Cover Sh;;t N , in submitting the Cost Proposal. A copy of the form and instructions are attached to this solicitation. The information must include pertinent details sufficient to show the elements of cost upon which the total cost is predicted. The Cost Proposal must be submitted separately from the Technical and Management Proposal.

(2) 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 proposal. Guidner for completing the CSP is attached.-

(3) For any subcontract discussed under the Technical and Management Proposal, provide supporting documentation on the selection process, i.e. competitive vs. noncompetitive, and the cost evaluation.

(e) Wrimen Technical and management proposal-- or, Ora (Pennemamens Manariajjan N95l@$$

(1) The jgemen Technical and Management Proposal or gjgjjpggeljeg may not contain any reference to cost. Resource information, such as data'concerning labor hours and l _categori es, mater i als, subcontracts, travel, computer it me, etc., must beincluded in the

( Technical and Management Proposal so that the offeror's understanding of the scope of work may be L evaluated.

i 86

(2) The offeror shall submit with- in the written Technical and Management Proposal .

or Oral Presentation full and complete information as set forth below to permit the Government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement.

(3) Statements which paraphrase the statement of work without communicating the specific approach proposed by the offeror, or statements to the effect that the offeror's understanding can or will comply with the statement of work may be constmed as an indication of the offeror's lack of understanding of the statement of work and objectives.

1 (4) The Tcchnical and Manag;mcn: I'repcsal must bc tailercd is assurc ia all acc icas scacc: a enc-:csac rcia:isnahip ;c ic cvaluation cri;cria. Thc following arc cxampics of the typc of information : hat should bc included in a :cchnkel and managcmca proposal.

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gaf &# EJbui J5V55 ti& usw JEE4bb5A3b1E% V& vv VA 3% &V J u v0 LEM AL BE Lb LA Eb  !

offeror's undcrs:- ding of ic scquirement.

I:n n:_. _e___f.L_ _ _ _ _ _ _ . , _ 2_ ; _f____t ._ _ _ _ _ .

gaaf &#4JVuaJavaa U A uaw ya vyVJbts &&zbusVu V1 Esyy3 Vub1 A EU 55shb b ic ccatract objcc:ivcs.

(iii) Discussion cf potential probicm arcas and ic appicech to bc :nken is

____f a b JU , .,. b_ u *t,n__u_,_...._ wuJ.

(iv) Sta:cmcats of any in:cipicta; ions, icquiremcnts, ci assumptions made by i

.L_ _ff____ '

ush V A Ab4 UA .

I g [f scOss hN b bOhhba6 g.rcisONbc1 as ac A $cs avaiaatssc D assia; the professional personncl.

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g V Af A%5b 5 AL A4J AlbJ & b&JVsusbA, EEAsu A V4 usw yb5JV&AgJ/ JV -

r;__arr _; ' t. . A L _ ______a__._ _f.!__ .L_a ...itt L_ _.t__ _a_

s%sbastzAsbu, Jybba4J ush gNabb& sus 5* v5 **^^8* " " " ' "'" "**v"**^"*'vV"'** F^ vJ***3

_..__at_ _ _ . . _ _ _ _f,L_ _______J ___a___a ___; _ f _ __f____

Uvb& ba sh kVu& Jw Va umb ya VyVJb%E kVE ALA sBb b ybA EVu V4 yb& AVE AA A

/. .I h T1-..___ f_ _ 11 __f__*___1 _.______1 *_ _ f . . .f ! _ _

g v Asf asbat&Assba s V& una y& Vat JJsVasut ybaJVansb5, u sb A uts &a s5 subcGatiaciGis aa~^sd cGasu'inaa s, G bc uti![7.cd !n Ic pci[Gimancc G[any acau's! ng a

ccatra ;. Includc cduca enal background, spcci5c pcstinca; work capcricacc, and a t!_, _f___._ _a?___A ..Lt?__a* -..L___J L.. al - *_ JI. ".t.._t '

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gYassf A#bJh& 5ytsVAR V& ush JVu&b% V5 yb& JVAAA3b5 A b%gu54 w%5 AVA

___.f__..___ _f___L a _ _f . f _ _ t. . J ? - _ at___ __a _ ____ .t.. ._t_.._JL..*L_ _ff__-_ TE ybg aV5 5asemasww V A waab&a bsEJab, &&sbau%5&Asg usVJV 53VE 75bJb1AuJ b55Ey3VJbu VJ MAb V15 b1 V& . AA

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f at - _, _ _

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u_a_ __ _ _ ? 1 _ _11. . at _ _______t *L_A .. .!s t L _ ___t_.._; _A ** _f ___a___, _..._  ;

A i Vub Jywks&sksanay tasw yba JVanska unsu6 vv su LN bs&syaVJ wu sat tua sh Us wVast5 sawk sa vv ug u.

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trbasag y usu ssJ sE kva aJ ts & ts&a st taas%5b & taasJ WEEu ssb t.

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gaf as unw v&aba v& ysusa sa su abstrWasta ssbt EsasJ v5 '"* " v" 'v v*

___r______n af_..-________J _..t___ _ . _ _ . . : r t _ _ _ . . ._ L_. _ _ _ _ TL _ _ . ! a _ J

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_I.-- i?__ _ f .L _ ...__t- ._ L_ ___J"____ _ _.9 L _ . .L_ ___.t_________ __J _______?__

tswabs agItavaa v4 task vv VE sh av uw yb& ava saavu VJ nasw auuwvasta sabEvg , sassu Otsygiva tasa5 s_________.* _ r .__t _?__n ____i.__ r_ _ s__ t* . _ . .L_ __i__.r._

%subusssvaatsstava5 vs wvsamaswssa b v enatssatsusa swssssaang av tasgr ab sb&tavss.

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(Aaaf a a vjwt ab aswss tss'"5 "** *v**''5* *'*J F**** ** ***"6

. __ _ i__?__,

• ___.s!_._____.?__ _r L_ .__s__._ _ _ _ _ _ _ __-__e_*

%shaastramau sstssag EE svgavsEs ya vgawaasvsa saasts assWga sstsusa tra task sisudstJ EU bas @tsa w Wassyswtavaa

_ _ f.L f _ .L_. ___r_

• 3 ___t _ _ _* it____. - - _ _ _ _ _1*

vv ausasa task ywa sua asassasw yba svts sassu vv susvut gIA v58 "" ""YF**6* *

/_ I ?!\ T% _ _ *t_ iL _ _________i *

.*___t ____.i.__ _a_t* .?__ ______t j \Anas/ a/vabaavb Lauw aassasssagwsambaan vs g- = - isvassas ata tswtuaw tsbaasswsstassg suswsta vs l _ _ _ _ _ _ _ ? t_ ? t ! . . __J _...L,._?_. .. J__ .L _ __________J _M___,. T% _ _ *L- .t__ __1_.* _Lf_ _f a wayvsaJahrsassJ saasts saunasva sty saasuba nash ya vyv3w%s wa sva t. a/wawa svw usk abusststranaansy VI

.L _ ______. _____?__.?__ ._ _._ _ _.__ _ ______ _ _ _ _ . ___3 ._ ___L__-- _ ___ It___.

Eastr ya vjwt va gssssasAmtavaa tv Wa yva ssw aassmassagwanawan sassgs tu auvsrvssta ssbsva a, 35 suasy .

F% ? _ -. _ .L _ r._ _ .?___ __5 _ _ . L _ _ ? ? _ _. _t.L_

• a _ _ _ _ _ _ _ .

a/ a@WJ J Lask s asastrtsvEsJ etasu asutaava stawJ va tsaw yavjwbt asessassagwa e

/ __ ! _ .\ n____J______ ._ ___?_Jr__in_.___.?___. !_t______ _____?__.?___s

\Aavf &av w%suawJ av yb& svtssweasaJ a w w aw vy ans asussaw va y "" - ~ ?vaassa r.__!___ _ _ _ _ _ _ _ _ _ ____!__._ __; _. t_ ___.s_..L________. __.__sr__.* *

.L .n__ s m r*

s uaswasvans, gra trga ssasa a b v aw vv c saasts Wasu vaa, saasta ensupwsguwan wvvs tsaassstavas er staa tasw a v aw.

/ . .\ sn__________._. ,_ ____ __._ J ._ t__ __iri* ._ ____t._n_

(A v f av e ssa ssagwassb a st Wasta % rag bayw w%s tv s.rw natsaasA%s tv gra wstessw

_ __ . _a _ _a _-_-_s u wsata ss=5 w"* 6* v " "* *

/ _ . .n *T*t _ _ m____ _t_n t!_. ____ _ *. ._ __ . f 1. _n___

gA v sf a 53t, Lis swa va assessa a&JE stasy wvanasamassmatraste TV stas %rtastra

_____?__*_ _

im________. ___ri__

• _1 r__ 1 _ ______?__*t__ _rr_ a Ers g- - - -" "v&ap , %Fv v ba ssassbass suas%si v& Wasassababasma, avs tasw assasaw v5 epassamassa wa ava t.

/___ III I I_. _r & _ _ _ _ . . _ _ . _- _A. r_ _ . t_ _ _ _ _ _ *. *I__

gA yasf assas vs gra b. Y avuJ Wasu sawtJ avs nasw eressasw v4 pasamassaa

-_?__-- _ _ f .L .L _ _ _ _ _ . !.t _ _ _ _s r_.ti ._t__t____ __-__t__ _r______.r_____t aba v 5wa, vv staa basb a ssss asw , t s utr , susu stsaa twsbyss%rasse astmaasvws va EE Wa stssw t av5 wasb u.

/_____*n T :_. _ r .t_ _ _ _ _ - - . ! .1_ __J c.tv_i__t___ __t__ r_ _ .t_ _

\Avsaaf as5JE vs tas%, a usss s ste , tatsgr g susts ansaa 5%rsbyss%'assa sanssastrw& sus tamb,

_ _ _ ________e___n__?__s________._.*..____s__ __rt____* . .*_ _ _

gr5 vy% rake D twasasswsEs Awy& wJwastests v w saasts wvasu ssktat utsaamstrGG s wys t -- : _m-". 5 7 w .

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, - - .,n - _ , - - --

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

I s ,

• To be incorporated into the solicitation (End of Provision) 12052.215-78 Proposal presentation and format - Alternate 1 (language for negotiated task order contracts.)

As prescribed at f2015.407-70(b)(1), paregraphs c(4)(xi) ar.d (xii) ;rrast bc dc ctcd (ar.d l 2.c .cr..idr.dcr ic..ai..bcicd) ar.d 0.c following paragraph must be substituted for paragraph (d)(2) in  !

the provision f2052.215-77.

l (d) Cost proposal.

(2) The offeror shall provide a cost proposal based on the Estimated level of Effort. The total estimated cost proposed by the offeror is used for evaluation purposes only.

Any resultant contract, except a requirements contract, contains an overall cost ceiling whereby  ;

individual task orders may be issued. The cost and fee, if any, for each task order is -

individually negotiated and also contains a cost ceiling. i 52052.215-79 Proposal preser.tation and format - Alternate 2 (language for  !

negotiated fixed price, labor hour, or time and materials  ;

contracts.)

As prescribed at f2015.407-70(b)(2), paragraph (d)(2) shall be deleted from provision i f2052.215-77.

(End of Provision)  ;

i 52052.215-80 Preproposal conference .

As prescribed at f2015.407-70(c), insert the following provision in applicable solicitations:

(a) A preproposal conference is scheduled for:

Date:

• 1xcation:

Time: *

(b) This conference is to afford interested parties an opportunity to present questions i and clarify uncertainties regarding this solicitation. You are requested to mail written 89

i questions 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 conference date. Receipt oflate questions may result in the questions not being answered at the conference although they will be considered in preparing any necessary amendment l to the solicitation. If you plan to attend the conference, notify

• by letter or telephone * , no l 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 offeror is limited to

• representatives at the conference.)

(c) Written questions must be submitted to:

U.S. Nuclear Regulatory Commission Division of Contracts'andy@iy Management ATTN:

• Mail Stop T-7-I-2 Washington, DC 20555 (d) The envelope must be marked " Solicitation No. * /Preproposal Conference."

• To be incorporated into the solicitation.

(e) A transcript of the conference will be furnished to all prospective offerors through the issuance of an amendment to the solicitation.

(End of Provision) 62052.215-81 Travel reimbursement.

As prescribed at (2015.407-70(d), insert the clauses or alternate in applicable solicitations and contracts:

Travel Reimbursement (a) Total expcadi:urc for deincdc travc! iney no: cxcccd

• wi m su: i c prier approval ofic cene.c;ing officer.

(a) The contractor is encouraged to use Government contract airlines, AMTRAK rail services, and discount hotel / motel properties in order to reduce the cost of travel under this contract. The contracting officer shall, upon request, provide each traveler with a letter of identification which is required in order to participate in this program. The Federal Travel Directory (FTD) identifies carriers, contract fares, schedules, payment conditions, and hotel / motel properties which offer their services and rates to Government contractor personnel l

l 90

^

a t

traveling on official business under this contract. The FTD, which is issued monthly, may be purchased from the U.S. Government Printing Office, Washington, DC 20402.

b[

l

, (b) The contractor will be reimbursed for reasonable travel costs incurred directly and ,

specifically in the performance of this contract. The cost limitations for travel costs are  !

determined in accordance with the specific travel regulations cited in FAR 31.205-46, as are in  !

effect on the date of the trip. Travel costs for research and related activities performed at ,

State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100479, shall be -

charged in accordance with the contractor's institutional policy to the degree that the j limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guid- t ance documents include 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. +

(c) When the Government changes the Federal Travel Regulations, or other applicable regulations, it is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract if the contractor will be unable to make all of the approved trips and remain within the cost and fee limitations of this contract due to the changes.

• To be incorporated into any resultant contract (End of Clause)

!:002.21: 42 Treu:.J l a a 2{ : -A"- t1.

As paarikd in (2015.407(d), for ce. .a;; wha iaa is ac cci :.g ear. sun: en de.T a;;;c

ren:, d;' a u. peregraph (;) of ;2052.215 Si ;ad a su.T.k r ia .... ir. der of ia claue;.

52052.215-83;82; Travel approvals.

As prescribed in $2015.407-70(d), insert the following clause in applicable solicitations and contracts:

Travel Approvals (a) - All domestic travel requires the prior approval of the project officer.

(b) All foreign travel must be approved in advance by the NRC on N' RC Form 445 and must be in compliance with FAR 52.24743 Preference for U.S. Flag Air Carriers. Foreign travel approval must be communicated in writing through the contracting officer.

(End of Clause) 91

c .

t *

{2052.215-84 83 Contract award and evaluation of proposals - technical merit more important than cost.

As prescribed in f2015.670(a), insert the following provision in applicable solicitations:

Contract Award and Evaluntion of Proposals (a) By use of and 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 of importance. Award is made to the offeror:

(1) Whose proposal is technically acceptable; (2) Whose technical / cost relationship is most advantageous to the Government; and (3) Who is considered to be responsible within the meaning of Federal Acquisition Regulation Part 9.1.

(b) Although cost is a factor in the evaluation of proposals, technical merit in the evaluation criteria set forth below is a more significant factor in the selection of a contractor.

Further, to be selected for an award, the proposed cost must be realistic and reasonable.

(c) The Government may:

(1) Reject any or all offers if the action is in the public interest; (2) Accept other than the lowest offer; and (3) Waive informalities and minor irregularities in offers received.

(d) The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoints.

(e) A separate cost analysis is performed on each cost proposal. To provide a common base for evaluation of cost proposals, the level of effort data must be expressed in staff hours. Where

. a Contractor Spending Plan (CSP) is required by other provisions of this solicitation, consideration is given to the Plan for completeness, reasonableness, and as a measure of effective management of the effort.

-(f) In making the above determination, an analysis is performed by the Government that

- takes into consideration the results of the technical evaluation and cost analysis.

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• To be incorporated into the solicitation. .

(End of Provision) 62052.215-85 84 Contract award and evaluation of proposals - cmt more  ;

important than technical merit.

As prescribed at 62015.670(a), substitute the following paragraph for paragraph (b) in the clause at 62052.215.84:

(b) Although technical merit in the evaluation criteria set forth below is a factor in the evaluation of proposals, cost is a more significant factor in the selection of a contractor.

Further, to be selected for an award, the proposed cost must be realistic and reasonable.

(2052.215-86 85 Contract award and evaluation of proposals - cost and technical merit of equal value.

As prescribed at $2015.670a(2), substitute the following paragraph for paragraph (b) in the clause at f2052.215.84:

(b) In the selection of a contractor, technical merit in the evaluation criteria set forth below and cost bear equal significance. To be selected for an award, the proposed cost must be realistic and reasonable.

52052.216-70 Level of effort.

As prescribed at f2016.307-70(a), insert the following provision in applicable solicitations:

Level of Effort The NRC's estimate of the total effort for this project is approximately

• professional and

• 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) 62052.216-71 Indirect cost rates.

i 93

i

• l

" As prescribed at $2016.307-70(b), insert the following clause in applicable solicitations and contracts:

l l

Indirect Cost Rates l

l

, (a) Pending the establishment of final indirect rates which must be negotiated based on l audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows:

l l (b) The contracting officer 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 contracting officer in accordance with FAR 52.232-20, Limitation of I l Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of I work within the established cost or funding limitations.

• To be incorporated into any resultant contract.

l (End of Clause) f2052.216-72 Indirect cost rates - Alternate 1. I 1

l As prescribed at $2016.307-70(b), insert the following clause in applicable solicitations and contracts:

l Indirect Cost Rates - Alternate 1 The contractor is reimbursed for allowable indirect costs in accordance with the following predetermined rates:

• To be incorporated into any resultant contract.

(End of Clause) 52052.216-73 Indirect costs rates,(CeEleg)j- Alternate 2.

As prescribed at $2016.307-70(b), insert the following clause in applicable solicitations

! and contracts:

Indirect Costa D*+es (fM1ineY- Alternate 2 i

94

.a (a). For this contract, the ceiling amount reimbursable for indirect costs is as follows: .

i (b) In the event that indirect rates developed by tl.e cognizant audit activity on the basis of actual allowable costs arc icas than ec cciling ra cs, :hc rates cstablishebtrf-the cogrJzon: audits Inus; epply. result in a lower amount for_ indirect costs, the lo.ver amount.will be paid: The Government may not be obligated to pay any additional amounts for indirect costs above the ceiling rates set fonh above for the applicable period.

• To be incorporated into any resultant contract.

(End of Clause) 12052.216-74 Task order procedures.

As prescribed at f2016.506-70(a), insert the following clause in applicable solicitations -

and contracts: ,

Task Order Procedures (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 includes the following, as appropriate:

(1) Scope of work / meetings / travel and deliverables; (2) Reporting requirements; (3) Period of performance - place of performatre; (4) Applicable special provisions; (5) Technical skills required; and 3 (6) Estimated level of effort.

(b) Task order Wal proposal. By the date specified in the TORFP, the contractor shall deliver to the contracting officer a writtengyerbal tachnical proposal that provides the folkwig technical ar.d ces information, as approprie:c. ;-; ,if bKthe!TORFPl (4) TcchrJcal propose con:ca:;

95

s (i) A discussion ofic sccpc of werk scquircmca:s to substr.:mic ic contrac:cr's undcratanding of ic icquircmcats of ic task cidcr and ec contrac:cr's proposed scicd of approach :c mcc: ic objcctivc cf oc cidcr.

(ii) Rcaumes for picfcasicnal pctsonnc! prepcscd tc bc u:ilizcd la ic pciferrnancc of any resu::ing task cider. Inc:udc cduca:icnal background, spccific pcniscn work capcricecc, and a list of any peninca; publica:icas auicrcd by ic individual.

(iii) Identinca:ica cf administrativc suppen perscanc! and/cr faci:i:ics ea; arc nccded to assist oc profcssional pcracanc: in compic;ing werk on ec task crdcr.

(iv) ;dentificadon of "Kcy Personnc!" and ic numbcr of a:aff beurs ia; will i bc commit:cd to ccmp'enen of werk on ic task cider. l l

(c) ($ Cost proposal. The contractor's cost proposal for each task order must be prepared using S:andard Fera 1411, Contrac: Pricing Picpesa Ccycr Shec:. $ A copy of the form I and instructions are attached to this contract. Each task order cost proposal must be fully l supported by cost and pricing data adequate to establish the reasonableness of the proposed l amounts. 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 proposal. The TORP indicates if a CSP is required.  ;

(e) (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 (1) Statement of work / meetings / travel and deliverables; (2) Reporting requirements; l 1

(3) Period of performance; (4) Key personnel; (5) Applicable special provisions; and (6) Total task order amount including any fixed fee.

(End of Clause) 52052.216-75 Accelerated task order procedures.

96

r e

As prescribed at s2016.506-70. insert the following clause in applicable solicitations and .

contracts:

Accelerated Task Order Procedures (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 the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.

(b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the definitive task order and agrees to submit a ::ost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart 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.

(End of Clause) 62052.222-70 Nondiscrimination because of age.

As prescribed at Q2022.901-70, insert the following clause in applicable solicitations and contracts:

Nondiscrimination Because of Age 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 their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement; and (b) That contractors and subcontractors, or persons acting on their behalf, may not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.

97 1 i

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(End of Provision) l 52952.227-70 : Drawings, designs, specifications, and other data.

! As prescribed at (2027.305-70/ the following clause _shall be, included in applicable solicitations.and contracts; y y . > ' ' (Drawinga.: Designsf Snecificationneand Otlwr Datn l All drawingstskptchessdesigns[ design data [specificationsknotebooksymenMand sciendac;datarans;al1 photographst eegativesirepom2fadingsi, Bether data i- and;W,of emy description relating theretotaspell;asgcopleagM.ibespoing leisting Athe;worrorlag part thensos are subject tol impaction byAMMat~ n!!

l M thnes(Inspection of,Myroper facilitiesimust,,belaffoeded, thelCoenadssiongthe l

, c_ o.. n. tr. acto.r. and_its su. .bc._ontra_ssers7._51hese_~ data'.are th. e pr_ ope _ rty_W_the_G.ove. r_sn._en. .t.._and m. _a by;the; Government for.anylpq2Weryithout;anyl claim on;the part;of the; contractor and its, subcontractors and vendors. for additional compensation and must;; subject;to;the right of the i contractor;to retain a copy of the material;for its,own;use,1be: delivered.to:the;Oovernmentfor

! otherwise disposed of by,the. contractor'as the contracting l officer may; direct durigg;the progress of the work or upon completion or, termination of this contract /iThe1 contractor ls rightlof setention and.use is . subject to the securitys patentRand use of,information provisions [if.any,$of t.his. contract.

r;m&mmmrww u x. , na f:ne- W7(E,ndfof_

n. Clause)

(2052.231-70 Precontract costs.

As prescribed in $2031.109-70, insert the following clause in applicable solicitations and l contracts:

Precontract Costs i 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 this contract had been in effect during that period; provided, however, that the costs may not in aggregate exceed

• which is included in the estimated cost of this contract.

• To be incorporated into any resultant contract

, . (End of Clause)

~

l 92052.235 Publication of research results.

I i

98

r As prescribed in 52035.70, insert the following clause in applicable solicitations and 4 contracts:

i Publication of Research Resulis l

(a) The principal investigator (s)/ contractor shall comply with the provisions of NRG Handbook 3.0 (forinctly MC 3202) and NRC Manual Chaptcr 3206 NRC Management Directive 3.8 (Vol j Part 1) and NRC Handbook 3.8 (Parts I-IV) regarding publication in referced scientific and engineering journals or dissemination to the public of any information, oral or written, l 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 l association meetings at interim stages of work, in addition to submitting to NRC the final reports l l and other deliverables required under this contract. However, such publication and papers shall l focus on advances in science and technology and minimize conclusions and/or recommendations which l may have regulatory implications.

1 (c) Prior to any such publication, the contractor shall submit the proposed publication l to the NRC Contracting Officer and Project Officer for review and approval.

(End of Clause) l l

62052.235-71 Publication of research results - universities.

As prescribed at 52035-70, substitute the following paragraph (c) for paragraph (c) in 92052.235-70.

(c) The principal investigator (s) shall coordinate all such publications with, and transmit a 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 comments within thirty (30) days after receipt of a proposed publication. However, in those cases where the information to be l

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 l any publication not identify the NRC's sponsorship of the work and that any associated publication l costs shall be borne by the contractor.

(End of Clause) l 2052.235-72 Safety, Health, and Fire Protection.

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.e As prescribed in Q2035.70, insert the following clause in applicable solicitations and contracts:

Safety. Health. and Fire Protection The contractor shall take all reasonable precautions in the performance of the work under this contract to protect the health and safety of its employees and of members of the public, including NRC employees and contractor personnel, and to minimize danger from all hazards to life and property and shall comply with all applicable health, safety, and fire protection regulations and requirements (including reporting requirements) of the Commission and the Department of Labor.

In the event that the contractor fails to comply with these regulations or requirements, the contracting 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 order for resumption of work may be issued at the discretion of the contracting officer. The contractor shall 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.

(End of Clause) l l

l 100 l