ML20203E531
| ML20203E531 | |
| Person / Time | |
|---|---|
| Issue date: | 08/19/1998 |
| From: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hopkins S NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20203D144 | List:
|
| References | |
| FRN-63FR67726, RULE-PR-48C20 AF52-1-033, AF52-1-33, NUDOCS 9902170213 | |
| Download: ML20203E531 (55) | |
Text
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k UNITED STATES f729 o
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NUCLEAR REGULATORY COMMISSION
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t WASHINGTON, D.C. 20555 4001
.....,o August 19,1998 MEMORANDUM TO: Susan B. Hopkins Policy and Acquisition Oversight Branch Division of Contracts and Property Management
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FROM:
Michael T. 'Lesar
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Rules and Directives Branch Division of Administrative Services
SUBJECT:
REVIEW OF THE NRC ACQUISITION REGULATION l
The Rules and Directives Branch has reviewed the version of the NRC Acquisition Regulation that was forwarded for office review and concurrence. I have attached a marked copy of the package that presents our comments.
The Office of the Federal Register (OFR) does not permit a multiple sections to be designated with the same section number. This situation occurs several times in the Part 2052 when attemate contract clauses are presented. Following a recommendation by the OFR, I have reorganized these provisions so that the alternate clauses are contained within the same section as the primary clause.
The discussion of proposed amendments in the Supplementary information section should reflect this stage of the rulemaking proceeding by indicating that the amendments being discussed are contemplated and may be subject to further change. I have edited this section so that the language is more appropriate to this stage of the rulemaking proceeding. I have also revised the Summary statement so that it complies with OFR publication requirements.
If you have any questions conceming this matter, please contact me (415-7163).
Attachment:
As stated 9902170213 990209 PR PDR 48C2063FR67726 PDR 0 % A l~) o ;? l )
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[7590-01-P]
l NUCLEAR REGULATORY COMMISSION 48 CFR Chapter 20 l
i RIN 3150 - AFf.2 i
Acquisition Regulation (NRCAR) l AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
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SUMMARY
The U.S. Nuclear Regulatory Commission
- y ovtsnisp /be forwrinest of pcw(NRC)is ending its AcjuMRn 4 ds c d repimt. 7p e propeir/ saf ic
[egulations (NRO^.R; i-4" CF. Ch Mr-20 to meet the requirements of Public Law 103-355 /a/"he' (the Federal Acquisition Streamlining Act - FASA) and Public Law 104-106 (the Federal Acquisition Reform Act (FARA), and the Information Technology Management Reform Act (ITMRA.)) Both public laws modify and streamline Federal Acquisition Regulation (FAR)
( n o /d requirements. This proposed rule wdPeliminate obsolete coverage and make necessary technical and conforming amendments to the NRCAR. The NRCAR applies to all contracts, including plified acquisitions where specified and to modifications which require a L
justification for other than full and open competition.
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DATES:
Comments on the proposed rule must be received on or before (75 days after publication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.
ADDRESSES:
Submit written comments to: The Secretary of the Commissior s e' f,
- g. f u U.S. Nuclear Regulatory Commission; Attention: D^rhtina and bruira Arm
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Washington, DC 20555. Copies of comments received may be examined or obtained for a fee at the NRC Public Document Room,2120 L Street, NW, Lower Level, Washington, DC (telephone (202) 634-3273). You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (h+tp://www.nrc. gov). This site provides the availability to upload comments as files (any format), if your web browser supports that function.
For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5906; e-mail CAG@nrc. gov.
FOR FURTHER INFORMATION CONTACT: Timothy F. Hagan, Director, Division of Contracts and Property Management, Office of Administration, Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301)415-7305.
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l SUPPLEMENTARY INFORMATION:
4 Background
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f The U.S. Nuclear Regulatory Commission Acquisition Regulations (NRCAR)in 48 CFR Chapter 20 implenmt and supplement the government-wide Federal Acquisition j
Regulation (FAR) and ensure that the policies governing the procurement of goods and services within the NRC satisfy the needs of the agency. The NRCAR includes policies, procedures, solicitation provisions, and contract clauses needed to ensure effective and efficient evaluation, negotiation, and administraticn of procurements.
jh The NRCAR must now be updated to meet the requirements of Public Law 103-355 (the Federal Acquisition Streamlining Act - FASA) and Public Law 104-106 (the Federal Acquisition Reform Act (FARA), and the Information Technology Management Reform Act (ITMRA.)) Both public laws modify and streamline FAR requirements. In the process of updating the NRCAR to comply with FAR acquisition streamlining require &sho//10*nis 'cedures M!
1I wgj 3, ments
}he f "**W YperrfA The NRC expects that any new reporting burden "9. ;;[be incurred as a result of golc8 the addition requirements wEbe offset by elimination of other reporting requirement burdens specific to this agency (e.g., pre-award proposal preparation requirements).
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Summary of Changes i
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- 1. Part 2002-Definition Language designating Task and Delivery Order Ombudsman hes, Aff// g been added in accordance with FASA requirements.
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Part 2003 - Imoroner business oractices and oersonal conflicts of interes he Office of Government Ethics regulationyd!!9M.k61 F 66830-GGo31 j
p(December 18.1996)
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- The OGE regulations supersede the i
NRC standards of conduct regulations which were are found in 10 CFRgart O. Standards of conduct and requirements for financial disclosure are now published in hFR Parts 2635,5801
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and 2634 respectively.10 CFR Part 0 w[
m natedF ( C2fB NOSjj /paf/ Jf /197).
]hh ja:>er un/d Je osyn/<r? 4 4ellec/ russm//fefer/skeAehea,y,.,
l h OGE fndywoou.
p 3. Part 2009 Contractor Qualifications Proposed changes to $2009.1 - Responsible Prospective Contractors. This part, which contains the NRC Policy
@2009.100) overing contracts awarded to former employees of this agenc[
bepe updated to eliminate inconsistencies.
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- a. Sec. 4301 of 109-106 (FARA) requires all agencies to eliminate certification requirements which are not required by statute. ft m ruposea Trreth two certification U
requirements $2052.209-70 " Current /Former Agency Employee involvement" and 92052.209-71 " Contractor Organizational Conflicts of Interest (representation)"
associated with this NRCAR Part, be amended to delete the certification requirement i
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nd to substitute the word " represents" for the word " certifies."
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- 4. Part 2009.5 - Oraanizational Conflicts of Intere The definition of " Subcontractor" found in
$2009.570-2 excludes subcontracts "in amounts not exceeding the small purchase threshold."
l This conflicts with $2009.570-8 Subcontracts, which requires the submission of a l
l representation statement for subcontracts and consultants "in excess of $10,000." According to advice from counsel, $2009.570-8 is correct; under Section 10A of the Atomic Energy Act, the conflicts procedures apply "to any subcontract for more than $10,000." Because the $10,000 would be threshold is statutory, the inconsistent portion of the @2009.570-2 h b :borrected.
/[ 5. Part 2010 - Soecifications. Standards. and Other Purchase Descriotions This Part as wel w cult! be Mou.eh?
as $2010.004 - Brand name products or equal arbi:d ;c, C.:! e-Sti. FAR Part 10 is now l
devoted to Market Research. Guidance on the use of brand name products is now under FAR l
Part 11. FAR Subpart 11.104 describes brand name product as " Items peculiar to one manufacturer." The FAR now allows some flexibility in acquiring brand name products which is not evident in the current NRCAR prescription and clause (92052.210-70). Some restriction on l
ordering brand name products is evident in FAR 6.302-1 which requires a sole source I
justification for purchases. Also, the basis for not providing for maximum practicable competition must now be documented in the file when the acquisition is awarded using bc l
simplified acquisition procedures.
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h:: 5::[. amended h hech['tt5 changes made
[3 6. Part 2015 - Contractina By Neactiatio l
l under the NRC's Proc > sment Reinvention Laboratory (PRL). The amendments to this Part u(A/'/
encourage the Contracing Officer to use oral presentations and a minimum number of 5
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evaluation criteria during the source selection process. This Part mended to allow the Contracting Officer flexibility in selection 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.
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- 7. Part 2016 - Tvoes of Contracts he.Wi to Part 2016 ::: rrt i lo the O
gy Contracting Officerfflexibility to negotiate ceiling rates for indirect costs and to streamline the task order technical proposal language.
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- 8. Part 2032 - Contract Financina - 2032.
This Part mended to bring its language in line with FAR Part 32.4 which covers advance payments for non-commercial items.
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[ 9. Part 2025 - Foreian Acauisition Under this Part, the NRCAR required the contracting 1
e officer to approve a written determination not to acquire US-produced supplies for public use.
The Head of the Contracting Activity (HCA) was required to approve such a determination for acquisitions which exceeded $1 million. FAR 25.102 has since been revised to give the contracting officer some flexibility in making the nonavailability of US-produced supplies determination. 'FAR 25.102 has done this by eliminating the requirement and dollar threshold for HCA approval of the contracting officer's determination, and stating that the HCA may (vice "must" under previous FAR language) make a r.onavitability determination for any circumstance other than what was considered by the contractino officer. Due to this regulatory change in the FAR, Part 2025 is dit:d " t a.;;;" from the NRCAR.
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- lf 10. Part 2033 - Protests. Discutes and Acceals men ed to reflect procedures for preaward e
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protests to the agency and for coc. tract disputes and appeals issued pursuant to the Contract Disputes Act.
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lf 11. Part 2035 Research and Develooment Contractingrequired that the contracting I
several broad criteria for selecting contractors under Broad Agency Announcements. The g/
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!p selection process, which is not supposed to be complicated, has hecome so as all c ' ia are gin -
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being used to select contractors. The language nc.4 this Part is er'rMcd ic glr the sith contracting office [some.ficHbility in this area.
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Administrative Procedure Act Section 553 of the Administrative Procedure Act (5 U.S.C. 551 et seq.) exempts rules L
relating to public contracts from the prior notice and comment procedure normally required for informal rulemaking. However, the Office of Federal Procurement Policy (OFPP), Ofice of Management and Budget, has established procedures to be used by all Federal agencies in the promulgation of procurement regulations. OFPP Policy Letter 83-2 states that an agency must provide an opportunity for public comment before adopting procurement regulation if the 4
regulation is "significant." "Significant" is defined generally as something which has an effect beyond the internal operating procedures of the agency or has a cost or administrative impact on contractors.
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1 The NRC has determined that this rule is not significant within the meaning of OFPP Policy Letter No. 83-2. Th.. regulation is issued principally to create one body of guidance incorporating previously cleared procedures, to exercise delegations established by the FAR and to adopt other procedures that will not have a cost or administrative impact on contractors.
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l While not required to do so under the terms of the OFPP Policy Letter 83-2, the NRC is issuing the revised NRC Acquisition Regulation (NRCAR) as a proposed rule. The NRC is accepting comments on this regulation for 75 days after the date of publication. The NRC will review all comments and will consider changes to the rule g,.p /?
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Environmental Impact: Categorical Exclusion 4
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l The NRC has determined that this pr d regulation is the type of action described in
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the categorical exclusion set forth in 10 CFR
.22(c)(5). Therefore, neither an environmental impact statement nor an environmental assessment is required for this proposed rule.
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Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1994 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget ior review and approval of the paperwork requirements.
Because the proposed rule will reduce existing information collection requirements, the public burden for this information collection is expected to be decreased
'ours per
%Lx) respondent. This reduction includes the time required for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the information collection. The U.S. Nuclear Regulatory Commission is seeking public comment on the potentialimpact of the information collections contained in the proposed rule and on the following issues:
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Public Protection Notification if a4xamierlGied iv....
an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and thay dn not rTre ;6 a perso respond to, the information collection.
is m f Reyui/rcf /0 Regulatory Anagsis ycW' p e" T. the procedures and requirements necessag t This proposed rule M9"6 emes /m **
implement and supplement the FAR. The proposed..e presentsrthe regulations necessary to ensure that the regulations governing the procurement of goods and services within the NRC satisfy the particular needs and requirements of the NRC. This proposed rule constitutes an administrative action governing the procurement activities of the NRC. These provisions would not have an adverse economic impact on any contractor or potential contractor because they merely supplement the requirements applicable to the acquisition of goods and services by the agency. By clearly and explicitly implementing the FAR and presenting those additional provisions necett,nry to reflect the needs of the NRC, the proposed rule would allow a j
contractor or potential contractor to understand more easily the regulations to be used in soliciting, evaluating and awarding contracts for the provision of goods and services. This constitutes the regulatory analysis for this proposed rule.
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Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980,5 U.S.C. 605(b), the Commission certifies that this proposed rule, if adopted, will not have a significant economic impact on a nc,uM emane!
substantial number of small entities. The proposed rule he procedures and requirements necessary to implement and supplement the Federal Acquisition Regulation (FAR) which %I govern the acquisition of goods and services by the NRC. To the extent that the proposed rule affects a small entity, it sets out provisions applicable to small business, small, disadvantaged business, and women-owned business concems.
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Backfit Analysis i
i The NRC has determined that a backfit analysis is not required for this proposed rule
' because it does not involve any provision which would impose backfits as defined in 10 CFR j =150.109(a)(1).
List of Subjects li
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1 For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended,5 U.S.C. 552 and 553, and FAR Subpart 1.3, the NRC is revising Chapter 20 to Title 48 of the Code of Federal Regulations in its entirety Parts 2001,2002,2003,2004, and 2005 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations.
Part 2009 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations, Reporting and record keeping requirements.
Parts 2011 and 2013 - Govemment procurement, Nuclear Regulatory Commission Acquisition Regulations.
Parts 2014 and 2015 - Govemment procurement, Nuclear Regulatory Commission Acquisition Regulations, Reporting and record keeping requirements.
Parts 2016 and 2017 - Govemment procurement, Nuclear Regulatory Commission 13 1'
4 Acquisition Regulations.
Part 2019 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations, Reporting and record keeping requirements.
Parts 2022 and 2024 - Govemment procurement, Nuclear Regulatory Commission f
Acquisition Regulations.
t Part 2027 - Govemment procurement, Nuclear Regulatory Commission Acquisition l
Regulations, Reporting and record keeping requirements.
Parts 2030, 2031, 2032, 2033, and 2035 - Government procurement, Nuclear Regulatory Commission Acquisition Regulations.
Part 2042 - Govemment procurement, Nuclear Regulatory Commission Acquisition Regulations, Reporting and record keeping requirements.
Part 2045 - Govemment procurement, Nuclear Regulatory Commission Acquisition Regulations Reporting and record keeping requirements.
l'gi[3-Part 2052 - Govemment procurement, Nuclear Regulatory Commission Acquisition k I) p Regulations, Reporting and record keeping requirements.
- 1. 48 CFR Chapter 20 is revised to read as follows:
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{lfAflS$ 20 ' YY0* /// hl>NUYG/Y SN/lLEf/of SUBCHAPTER A - GENERAL Part 2001 - NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION SYSTEM Subpart 2001.1 - Purpose, Autbority, Issuance E
2001.101 Purpose.
2001.102 Authority.
2001.103 Applicability.
2001.104 Issmnce.
2001.104-1 Publication and code arrangement.
2001.104-2 Arrangement of the regulations.
2001.104-3 Copies.
2001.105 Information collection requirements: OMB approval.
Subpart 2001.3 - Agency Acquisition Regulations Sss.
2001.301 Policy.
2001.303 Public participation.
Subpart 2001.4 - Deviations from the FAR and the NRCAR 3
Ssn 2001.402 Policy.
2001.40 Individual deviations.
2001.40 Class deviations.
Subpart 2001.6 - Contracting Authority and Responsibilities Ssc 2001.600-7 Scope of subpart.
2001.601 General.
2001.602-3 Ratification of unauthorized commitments.
2001.603 Selection, appointment, and termination of appointment.
AUTHORITY: Sec.161,68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201,88 Stat.1242, as i
amended (42 U.S.C. 5841; 41 U.S.C. 418(b))
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k l: OF}n Subpart 2001.1 - Purpose, Authority, Issuance
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62001.101 Purpose.
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This subpart establishes Chapter 20, the Nuclear Regulatory Commission Acquisition Regulation (NRCAR), and provides for the codification and publication of uniform policies and procedures for l
- acquisitions by the NRC. The NRCAR is not, by itself, a complete document. It must 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 Senior Procurement Executive under a l
delegation from the Executive Director for Operations dated May 16,1997, in accordance with the authority I
of the Atomic Energy Act of 1954, as amended (42. U.S.C.161), the Energy Reorganization Act of 1974 (42 l
U.S.C. 5841,5872), the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486(c)), as amended, FAR Subpart 1.3, and other applicable law.
62001.103 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 amended, and Section 205 of the Energy Reorganization Act of 1974 as amended. For procurements made from nonappro-priated funds, the Director, Division of Contracts and Propeny Management, shall determine the rules and procedures that apply.
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$2001.104 issuance.
12001.104-1 Publication and code arrangement.
(a)
The NRCAR and its subsequent changes are:
(1)
Published in the daily issue of the Federal Reeister; and (2)
Codified in the Code of Federal Regulations (CFR).
j (b)
The NRCAR is issued as 48 CFR Chapter 20.
62001.104-2 Arrangement of the regulations.
l (a)
General Chapter 20 is divided into pans, subparts, sections, l
subsections, paragraphs, and funher subdivisions as necessary.
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Numberine. The numbering system and part, subpan and section titles used in this Chapter 20 conform with those used in the FAR as follows:
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(1)
Where Chapter 20 implements the FAR or supplements a parallel part, subpart, section, subsection, or paragraph of the FAR, that implementation or supplementation is numbered and 2
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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 f 2001.104-1 and the NRC's implementation of FAR 24.1 is shown as b2024.1.
(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 con-templated by FAR 9.5. This supplementary material is identified as V2009.570.
(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.
V (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 s2001.104-2(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 idemified by the section number, e.g., "NRCAR 2001.104-2." In the NRCAR, any reference to the FAR will be indicated by "FAR" followed by the section number, for example FAR l-104.
(2001.104-3 Copies.
v Copies of the NRCAR in Federal Recister and CFR form may be purc. ased from the Superintendent of Documents, Government Printing Office, WashingMOI 92001.105 Information collection requirements: Oh!B approval,
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(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.). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this pan under control number 3150-0169.
(b)
The information collection requirements contained in this part appear in ll2009.570-3, 2009.570-5, 2009.570-8, 2014.201-670, 2015.606, 2027.305-3, 2042.570-1, 2042.803, 2045.371, 2052.204-70, 2052.2(M-71, 2052.209-70, 2052.209-71, 2052.209-72, 2052.211-70, 2052.211-71, 2052.211-72, 2052.211-72 Alternate 1,2052.214-71,2052.214-72,2052.214-74 and 2052.215-74,2052.215-70,2052.215-71, 2052.215-75, 2052.215-75 Alternate 1, 2052.215-75 Alternate 2, 2052.215-79, 2052.216-72, 2052.227-70, 2052.235-70,2052.235-71,2052.242-70, and 2052.242-71.
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(b)
The execution of otherwise proper contracts made by individuals without contracting l
authority, or by contracting officers in excess of the limits of their delegated authority, may later be ratified. To be effective, the ratification must be in the form of a written procurement document clearly stating that ratification of a previously unauthorized commitment is intended. All ratifications of procurement actions valued at $2,500 or less may be approved by the appropriate regional administrator or Headquarters contracting officer. For any such action, all other terms of Subpart 2001.6 are applicable.
l The Competition Advocate shall approve all ratification actions exceeding $2,500 subsequent to the review l
and approval recommendation by the Director, Division of Contracts and Property Management.
.(c)
Requests received by contracting officers for ratification of commitments made by personnel lacking contracting authority must be processed as follows:
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(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:
l (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 who made the commitment; (ii)
A statement as to why the proposed contractor was selected; (iii)
A list of other sources considered; M
(iv)
A description of work performed, or to be performed, or products to be furnished; (v)
The estimated or agreed upon contract price;
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A certification of the appropriated funds available, (vii)
A description of how unauthorized commitments in j
similar circumstances will be avoided in the future.
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. The contracting officer shall review the written statement of facts for a l
determination of approval of all actions valued at $2,500 or less. For actions greater than $2,500, the contracting officer shall forward the written statement of facts to the Competition Advocate through the Director, Division of Contracts and Property Management with any comments or information that should be
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considered in evaluating the request for ratification.
(3)
The NRC legal advisor may be asked fer 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.
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12001.603 Selection, appointment, and termination of appointment.
1 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 responsibilities and limitations in addition to the " Certificate of Appointment", SF 1402. The Director, Division of Contracts and Property Management, may delegate micro-purchase authority in accordance with agency procedures. Such delegation may be accomplished by written memorandum. (ref. FAR 1.603-3(b))
i PART 2002 - DEFINITIONS j
l Subpart 2002.1 - Definitions E
2002.100 Definitionsg 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 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.
k 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).
U Competition Advocate means the individual appointed as such by the Agency Head as required by Pub. L.98-369. The Director, Office of Administration, has been appointed the Competition Advocate for ~
the NRC.
Head of the Contractine Activity means the Director, Division of Contracts and Property Management.
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Senior Procurement Executive means the individual appointed as such by the Agency Head pursuant to Executive Order 12352. The Deputy Executive Director for Management Services, has been l-appointed the NRC Senior Procurement Executive.
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procedu%
Simplified acauisitions means those acquisition conducted using the methods, policies and res of FAR Part 13 for making purchases of supplies or services.
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Task and Deliverv Order Ombudsman means the Director, Office of Administration, or e pursuant to Section 1004(a) of 103-355, the F eral Acquisition Streamlining Act.
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O PART 2003 -IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Subpart 2003.1 - Safeguards
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SE EuG3.iGi 9 9 +.J wuduo.
v 2003.101-3 Agency regulations.
Subpart 2003.2 - Contractor Gratuities to Government Personnel Se 2003.203 Reporting of suspected violation of the gratuities clause.
AUTHORITY: 42 U.S.C. 2201: Sec. 201,88 Stat.1242, as amended: 42 U.S.C. 5841: and 41 U.S.C.
418(b).
Subpart 2003.1 - Safeguards j
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Sta rds of conduct
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-3 A ncy ations.
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$2003.101-3 Agency regulations.
NRC standards of conduct for its employees are published in 5 CFR Parts 2635 and 5801.
Requirements for financial disclosure are published in 5 CFR Part 2634.
Subpart 2003.2 - Contractor Gratuities to Government Personnel
$2003.203 Reporting suspected violations of the gratuities clause.
(a)
Suspected violations of the " Gratuities" clause, FAR 52.203.3, must be reported orally or in writing directly to the NRC Office of the Inspector General. A report must include all facts and circumstances related to the case. Refer to 5 CFR 2635 for an explanation regarding what is prohibited and what is permitted.
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(b)
When appropriate, discussions with the contracting officer or a higher procurement official, procurement policy staff, and the procurement legal advisor prior to filing a report are encouraged.
PA (2004 - ADMINISTRATIVE MATTERS uhynal J 00 Y, Y SWef ranfief Clwn$d 5*bM" Son
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SL 2004.4 Contract clauses.
AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 481(b).
ubpart 2004.4 - Safeguarding Classified Information Within Industry 92004.404 Contract clausr.
(a)
The contracting of0cer shall insert the clause at f2052.204-70 Security, in all solicitations and contracts under which the contractor may have access to, or contact with, classified l
information, including National Security information, restricted data, formerly restricted data, and other classified data.
l (b)
The contracting officer shall insert the clause s 2052.204-71 Site Access Badge Requirements, in all solicitations and contracts under which the contractor will require access to Government facilities. The clause may be altered to reflect any special conditions to be applied to l
foreign nationals.
l SUBCHAPTER B - COMPETITION AND ACQUISITION PLANNING Part 2005 - PUBLICIZING CONTRACT ACTIONS Subpart 2005.5 - Paid Advertisements Sm 2005.502 Authority.
AUTHORITY: 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.).
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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.S.C 418(b).
Subpart 2009.1 - Responsible prospective contractors.
52009.100 NRC policy.
(a)
It is NRC policy that only competitively awarded contracts shall be placed with an individual who was employed by the NRC with p,
Action. This policy a4arpertains to any firm in which the former NRC employee is a partner, principal
,1
\\ officer, majority stockholder, principal investigator, project manager, principal under the contract,s f tu d
hrrn cha performs more than a nominal amount of the work under the N j rt.
m controlled or predominately staffed by former NRC employees.
(b)
The following procurement actions are considered noncompetitive for the purposes of this policy:
(1) Contracts awarded noncompetitively under the Small Business Administration's 8(a)
Program; (2) Individual task orders if the former employee was not identified as " key personnel" in a proposal which was evaluated under competitive procedures; (3) Unsolicited proposals; (4) Subcontracts that require review for the purpose of granting consent under NRC prime contracts.
(c)
The term NRC employee includes special Government employees performing services for NRC at 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.
(d)
A justification explaining why it is in the best interest of the Government to contract with an individual or firm described in paragraphs (a) and (b) of this section on a noncompetitive basis l
i may be approved by the Senior Procurement Executive after consulting with the Executive Director for Operations. 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.
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official determines suspension is justified, the suspending official shall initiate the proposed suspension in accordance with FAR 9.407-3(b)(2). The contractor shall be given the opportunity to appear at an informal hearing, similar in nature to the hearing for debarments as discussed in FAR 9.406-3(b)(2).
if the contractor fails to submit a timely written response within 30 days after receipt of the notice in I
accordance with FAR 9.407-3(c)(5), the suspending official may notify the contractor in accordance with FAR 9.407-3(d) that the contractor is suspended.
62009.470 Appeals.
i A debarred or suspended contractor may appeal the debarring / suspending official's decision by l
mailing or otherwise furnishing a written notice within 90 days from the date of the decision to the L
Executive Director for Operations. A copy of the notice of appeal must be furnished to the l
debarring / suspending official.
l Subpart 2009.5 - Organizational Conflicts of Interest 62009.500 Scope of subpart.
In accordance with 42 U.S.C. 2210a., NRC acquisitions are processed in accordance with 02009.570, which takes precedence over FAR 9.5 with respect to organizational conflicts ofinterest. Where non-conflicting guidance appears in FAR 9.5, that guidance must be followed.
62009.570 NRC organizational conflicts of interest.
l 92009.570-1 Scope of policy.
(a)
It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requing 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 conflict of interest determinations cannot be made automatically or routinely.
M The application of sound judgment on virtually a case-by-case basis is neces applied to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria w4ucWwould serve to identify and resolve all of the contractor conflict of L 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 l
competitive advantage?
.(c)
The conflict of interest rule 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 l
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 agen-cies, international organizations, or state, local, or foreign Governments. Separate procedures for avoiding conflicts of interest will be employed in these agreements, as appropriate.
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l 02009.570-2 Definitions.
Affiliates means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both.
M Contract means any contractual agreement or other arrangement with the NRC except as i
provided in $2009.570-1(c).
4 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 pany to a contract with the NRC.
'tdf Evaluation activities means any effon involving the appraisal of a technology, process, product, or policy.
tel 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.
'(6 Organizational 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 under an NRC contract Q (1)
May diminish its capacity to give impanial, 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.
Potential conflict of interest means that a factual situation exists that suggests that an actual conflict of interest may arise from award of a proposed contract. The term potential conflict of interest is used to signify those situations that-(1)
Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or (2)
Must be reponed to the contracting officer for investigation if they arise during contract performance.
k)
Research means any scientific or technical work involving theoretical analysis, exploration, or experimentation.
h Subcontractor means any subcontractor of any tier who performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts not exceeding $10,000.
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K Technical consulting and management suonort services means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require that the contractor be given access to proprietary information or to information that has I
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.
62009.570-3 Criteria for recognizing contractor organizational conflicts of interest.
(a)
General.
(1)
Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist:
(i)
Are there conflicting roles which might bias an offeror's or contractor's judgment in relation to its work for the NRC?
(ii) May the offeror or contractor be given an unfair competitive advantage based on the performance of the contract?
(2)
NRC's ultimate determination that organizational conflicts of interest exist will be made in light of common sense and good businessjudgment 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)
Situations or relationshins. The following situations or relationships may give rise to organizational conflicts of interest:
(1)
The offeror or contractor shall disclose information, that may give rise to organizational conflicts of interest under the following circumstances. The information may include the scope of work or specification for the requirement, being performed, the period of performance, and the name and telephone number for a point of contact at the organization knowledgeable about the commercial contract.
(i) Where the offeror or contractor provides advice and recommendations to the NRC in the same technical area where it is also providing consulting assistance to any organization regulated by the NRC.
(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 organization regulated by the NRC.
(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.
16
(5)(i) Examnle. The ABC Corp., in response to a RFP, proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and $2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently doing seismological studies for several utilities in the eastern United States, but none of the sites are within the geographic area contemplated by the NRC study.
(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 ofinterest during the term of the NRC contract.
(6)(i) Example. 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 providing 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. Farther, the Conflict ofInterest provisions apply to ABC Corp. and not to separate or distinct divisions within the company. If no reasonable alternative exists, a waiver of the policy could be sought in accordance with $2009.570-9.
(7)(i) Examnle. 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 uJity to perform the same analysis at another of its sites.
1
& Sed M (ii) Guidance. 12052.290-72(c)(3) would prohibit the contractor from beginning this j
work for the utility until one year after completion of the NRC work at the first site.
l (8)(i) Examnle. ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign of the common areas between its twin reactors. The contract is for two years with an estimated value of 55 million. Near the completion of the NRC work, ABC Corp. requests l
authority to solicit for a $100K contract with the same utility to transport spent fuel to a disposal site. ABC Corp. is performing no other work for the utility.
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(ii) Guidance. The Congt acting Officer, would allow the contractor to proceed 'ith the solicitation because(A)h.is not in the same technical area as the NRC worgan h)'[Tre 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.
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1 PART 2011 - DESCRIBING AGENCY NEEDS g
AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(
/
Subpart 2011.4 Delivery or Performance Schedules - Contract clauses
$2011.104-70 NRC Clauses @
(a)
The contracting officer shall insert the clause at %2052.211-70 Preparation of Technical Reports, when deliverables include a technical report.
(b)
The contracting officer shall insert the clause at Q2052.211-71 Technic.a Progress Report, in all solicitations and contracts except-(1)
Firm fixed price; or (2)
Indefinite-delivery contracts to be awarded on a time-and-materials or labor-hour basis, or which provide for issuance of delivery orders for specific products / services (line items).
(c)
The contracting officer shall insert the clause at $2052.211-72 Financial Status Report, in applicable cost reimbursement solicitations and contracts when detailed assessment of costs is warranted and a Contractor Spending Plan is required; use the clause at Q2052.2211-72 Financial Status Report - Alternate I when no Contractor Spending Plan is required.
l (d)
The contracting officer may alter clauses 92052.211-70, -71, - 72 and -72 Alternate 1 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.
SUBCHAPTER C - CONTRACTING METHODS AND CONTRACT TYPES i
PART 2013 - SIMPLIFIED ACQUISITION PROCEDURES (reserved)
AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).
i 23
4 PART 2014 - SEALED BIDDING Subpart 2014.2 - Solicitation of Bids SrL 2014.201 Preparation of invitation for bids.
2014.201-670 Solicitation provisions.
Subpart 2014.4 - Opening of Bids and Award of Contract 2014.407 Mistakes in bids.
2014.407-3 Other mistakes disclosed before award.
AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).
Subpart 2014.2 - Solicitation of Bids
$2014.201 Preparation ofinvitation for bids.
62014.201-670 Solicitation provisions.
(a)
The contracting officer may insert the provision at 2052.214-70, Prebid Conference, in Invitations for Bids (IFB) where there will be a prebid conference. This provision may be altered by the contracting officer to fit the circumstances of the procurement.
g g/
i (b)
The contracting officer may insert in IFBs the provision at 2052.214-71, Bidder Qualifications and Past Experience on an optional basis to fit the circumstances of the requirement:
(c)
The contracting officer shall insert the provision ath0 2.214-72 Bid Evaluation in all IFBs. Paragraph (f) of this provision is optional.
(d)
The contracting officer shall insen the provision of 2052.214-73 Timely Receipt of Bids in all IFBs.
5 (e)
The contracting officer shall insert the provision at 052.214-74 Disposition of Bids in all IFBs.
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i Subpart 2014.4 - Opening of Bids and Award of Contract 52014.407 Mistakes in bids.
f2014.407-3 Other mistakes disclosed before award.
The Director, Division of Contracts and Property 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, f2014.407-4 Mistakes after award The cognizant contracting officer is delegated the authority to make determinations concerning mistakes disclosed after award in accordance with FAR 14.407-4. These determinations will be concurred in by legal counsel prior to notification of the contractor.
Part 2015 - CONTRACTING BY NEGOTIATION Subpart 2015.2 - Solicitation and Receipt of Proposals and Information SE 2015.209-70 Solicitation provisions and contrac' clause Subpart 2015.3 - Source Selection j
A 2015.300 Scope of part.
~
i 2015.303 Responsibilities.
2015.304 Evaluation factors.
2015.305 Proposal evaluation.
Subpart 2015.6 - Unsolicited Proposals SL 2015.606 Agency procedures.
2015.606-1 Receipt and initial review.
1 AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).
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52015.209-70 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert in solicitations and coi. tracts the following clauses as applicable to the requirement:
2052.215-70, Key Personnel in appliuble solicitations and contracts; M'~
c/
(2) m(i) 12052.215-71. Project Officer Authority in applicable solicitations and contracts for cost-reimbursement, cost-plus-fixed-fee, cost-plus-award-fee, cost sharing, labor-hour or time-and-materials, including task order contracts. This clause and the following Alternate clauses are intended for experienced, trained project g
officers, and may be altered to delete duties where appropriate:
(ii 2052.215-71 Alternate 1; For solicitations for issuance of delivery orders for specific products / services;
(
2052.215-71 Alternate 2. For solicitations for firm fixed price contracts, with paragraph (b)(1) of Alternate I deleted and the remainder of the clause renumbered.
(3) The contracting officer shall insert the provision at f 2052.215-72,' Timely Receipt of Proposals in all solicitations; (4) The contracting officer shall insert the provision at $2052.215-73, Award Notification and Commitment of Public Funds in all solicitations; and (5) The contracting officer shall insert the provision at $2052.215-74, Disposition of Proposals in all solicitations.
(b) The contracting officer may insert in all solicitations the following provisions as applicable. These provisions may be altered to fit the circumstances of the requirement. These provisions shall be tailored to assure that all sections of the instructions for the Technical and Management Proposal, or Oral Presentation and Supporting Documentation, reflect a one-to-one relationship to the evaluation criteria:
2052.215-75, Proposal Presentation and Format for negotiated procurements for cost j00 e contracts; (2) 2052.215-75 Alternate 1 may be used for all solicitations for negotiated task order j
contracts; (3) 2015.215-75 Alternate 2 may be used for all solicitations for negotiated fixed price, labor hour, or time and materials contracts:
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(c) The contracting officer shall insert the provision at $2052.215-76, PreProposal Conferenc6, in solicitations which include a PreProposal conference. This provision may be altered to fit the circumstatces of the requirement.
(d) The contracting officer shall insert the following clauses in solici;ations and centracts as applicable:
(1) 2052.215-77. Travel Approvals and Reimbursement, shall be inserted in cost reimbursement solicitations and contracts which require travel but do not set a specific ceiling amount on that travel. Note that requests for foreign travel must be submitted to NRC 30 days in advance of the travel date.
/.
(2) '2052.215-78, Travel Approvals and Reimbursement - Alternate 1, shall be inserted in j0 cost reimbursement solicitations and contracts which include a ceiling amount on travel.
h Note that requests for foreign travel must be submitted to the NRC 30 days in advance of the travel.
(e) The contracting officer shall include the following provisions in all solicitations for competitive procurements to describe the relationship of technical considerations to cost considerations. The contracting officer may make appropriate changes to these provisions to accurately reflect other evaluation procedures, such as evaluation of proposals against mandatory iteria and bench marking criteria for Information Technology (IT) procurements:
(1) 2052.215-79 Contract Award and Evaluation of Proposals, shall be included in all solicitations where technical merit is more important than cost.
(2 2052.215-79 Alternate 1 shall be included when proposals are to be evaluated on a lowest price, technically acceptable basis.
(3) 2052.215-79 Alternate 2 shall be included where cost and technical merit are of equal significance.
Subpart 2015.3 - Source Selection Processes and Techniques
$2015.300 Scope of subpart.
This subpart applies to all contracts awarded on a competitive basis in accordance with FAR Part
- 15. This subpart does not apply to contracts awarded on a non-competitive basis to the Small Business Administration under Section 8(a) of the Small Business Act.
52015.303 Responsibilities.
(a) The source selection authority is the contracting officer. The contracting officer, acting as the source selection authority, shall select an offer for award based upon review of the Source E luation Panel's recommendation as contained in the reports described in paragraph (c) g F'11'"
(b) Any cancellation of solicitations and subsequent rejection of all proposals must be approved by the Head of the Contracting Activity.
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1 (c) For all proposed contracts with total estimated values in excess of the simplified acquisition threshold and expected to result from competitive technical and price / cost negotiations, the cooperative review efforts of technical, contracting, and other administrative personnel are formalized through establishment of a Source Evaluation Panel. A single technical member may be appointed to the Source Evaluation Panel to evaluate proposals with the contracting officer's approval. In such instances, the i
Designating Official ma < appoint technical advisors (non voting members) to assist the single technical member. Except in unu sual cases, the Source Evaluation Panel should not exceed five members including the Chairperson. The Source Evaluation Panel 's proposal evaluation report (s) may include a Competitive Range Report and a Final Evaluation Report (to be used when award will be made after conducting discussions), or a Recommendation for Award Report (to be used when award will be made without discussions).
(d) The Designating Official (Office Director or designee) is responsible for appointing a Source Evaluation Panel to evaluate competitive technical proposals in accordance with the solicitation technical criteria. The Designating Official is also responsible for conducting an independent review and evaluation of the Source Evaluation Panel 's proposal evaluation report (s) to the contracting officer.
62015.304 Evaluation factors The evaluation fhetors 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 FAR 15.304(b). Indication in the solicitation of the relative importance of evaluation factors and subfactors may be accomplished by the assignment of a numerical weight to each. For those solicitations which use numerical weights, those weights shall be stated in the solicitation. For those factors that will not be numerically weighted, only their relative importance will be stated in the solicitation. Examples of factors which may not be numerically weighted are conflict of interest, estimated cost, and "go/no go" evaluation factors.
(2015.305 Proposal evaluation.
Q
-fedt+) The contracting officer may provide offerors' cost proposals and supporting financial information
)1 to members of the Source Evaluation Panel at the same time technical proposals are distributed for evaluation. The Source Evaluation Panel shall use this information to perform an accurate integrated assessment of each offeror's proposal based on all the facts presented to them.
Subpart 2015.6 - Unsolicited proposals
$2015.606 Agency procedures.
(a)
The Division of Contracts and Property Management is the point of contact for the receipt, acknowledgment, and handling of unsolicited proposals.
(b)
[nsolicited proposals, in an original and two copies, and requests for additional i formation regarding their preparation, must be submitted to:
)
b MJVH.N d
$ ry one /ofy/ hh, he cypsopp f y
h t/ s9.ryrA9 l
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i U.S. Nuclear Regulatory Commission Division of Contracts and Property Management Mail Stop T-7-I-2 Washington, DC 20555 d..i "" mm d..,.Ls pwposai is ioggeo unu me mauneum r.g2' raLL.3 yTem7 i
52015.606-1 Receipt and initial review.
(a)
The Division of Contracts and Property Management 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 program office Director (s) or designee for evaluation.
(b)
The Division of Contracts and Property Management shall be responsible for controlling reproduction and distribution of proposal material by notifying evaluators of their responsibilities and tracking the number of proposals received and forwarded to evaluators.
(c)
An acknowledgment letter will be sent to the proposer by The Division of Contracts and Property Management, providing an estimated date for a funding decision or identifying the reasons for non-acceptance of the proposal for review in accordance with FAR 15.606-1(b) and FAR 15.606-1(c).
Part 2016 - TYPES OF CONTRACTS Subpart 2016.3 - Cost Reimbursement Contracts h
2016.307-70 Contract provisions and clauses.
Subpart 2016.5 - Indefinite-Delivery Contracts Ss.L 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.
l (a)
The contracting officer shall insert the provision at $2052.216-70, Level of Effort, in l
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.
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(b)
The contracting officer may insert the following provisions and clauses in cost reimbursement contracts as applicable:
(1) 2052.216-71, Indirect Cost Rates (where provisional rates without ceilings apply).
g' 2052.216-71, Indirect Cost Rates - Alternate 1 (where predetermined rates apply).
/
(3)
'2052.216-71, Indirect Cost Rates (Ceiling)- Alternate 2 (where provisional rates with ceilings apply).
f (c)
The contracting officer may make appropriate changes to these clauses to reflect different arrangements.
l Subpart 2016.5 - Indefinite-Delivery Contracts.
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SL 2016.506-70 Contract provisions and clauses.
s ik 52016.506-70 Contract provisions and clauses.
The contracting officer shall insert the following clauses in all solicitations and contracts that contam task order procedures. These clauses may be altered by the contracting officer to fit the l
. circumstances of the requirement.
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(a) 12052.216-72, Task Order Procedures; (b)
'2052.216-73, Accelerated Task Order Procedures.
Part 2017 - SPECIAL CONTRACTING METHODS l
Subpart 2017.2 - Options Sec. 2017.204 Contracts AUTliORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 481(b).
i Subpart 2017.2 - Options
$2017.204 Contracts (a) The contracting officer may approve non-competitive extensions, within the limits of his/her delegation, to five-year contracts up to a total of an additional 6 months for the purpose of completing 30
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Subpart 2024.2 - Freedom of Information Act 1
l 92024.202 Policy.
l l-The provisions at 10 CFR Part 9, Subpart A, Freedom of Information Act Regulations, are applicable i
to the availability of NRC records to the public.
SUBCHAPTER E - GENERAL CONTRACTING REQUIREMENTS Part 2027 - PATENTS, DATA, AND COPYRIGHTS Subpart 2027.3 - Patent Rights Under Government Contracts.
SL 2027.305-3 Follow-up by Government.
2027.305-70 j$lausesO fp /,y) hor; p /VV H J' N
"f 7,,fgg,,f 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.
52027.305-3 Follow-up by Government.
(a)
The contracting officer shall, as a part of the closeout of a contract, require each I
contractor to report in writing any patents, copyrights, or royalties attained using any portion of the contract funds.
(b) If no activity is to be reported, the contractor shall provide the following written determination before final payment and 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.
(c)
The contracting officer may waive any of the requirements in paragraphs (b) (1)-(4) of this section, after documenting the file to indicate the -
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(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 final payment and closing out the contract.
52027.305-70.- Solicitation provisions and contract clauses.
The contracting officer shall insert the clause at $2052.227-70, Drawings, Designs, Specifications, and Data, in all solicitations and contracts in which drawings, designs, specifications, or other data will be developed and the NRC must retain full rights to them (except for the contractor's right to retain a copy for its own use). When any of the clauses prescribed at FAR 27.409, Solicitation Prcvisions 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).
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Subpart 2030.2 - CAS Program Requirements)h/' [i 6, w g*,,, W, cw
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Q(L
/ Y gt 62030.201-5 Waiver i
Requests to waive Cost Accounting Standards (CAS) requirements must be submitted to the Chairman, CAS Board by the Competition Advocate. The requests for waiver must be forwarded through the Head of the Contracting Activity with supporting documentation and rationale in accordance with FAR 30.201-5.
l Part 2031 - CONTRACT COST PRINCIPLES AND PROCEDURES i
Subpart 2031.1 - Applicability Sst 2031.109-70 Contract classes.
l AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).
Subpart 2031.1 - Applicability 62031.109-70 Contract clauses.
l The contracting officer shall insert the clause at $2052.231-70, Precontract Costs, in all cost type contracts when costs in connection with work under the contract will be incurred by the contractor j
before the effective date of the contract. Approval for use of this clause must be obtained at one level above the contracting officer.
34
Part 2032 - CONTRACT FINANCING Subpart 2032.4 - Advance Payments for Non-Commercial Items l
Srs.
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 for Non-Commercial Items 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 contracting officer shall coordinate with the Office of the Chief Financial Officer, Division of Accounting and Finance, to ensure completeness of contractor submitted documentation.
j Part 2033 - PROTESTS, DISPUTES, AND APPEALS Subpart 2033,1 - Protests Sm 2033.103 Protests to the agency.
i
)
Subpart 2033.2 - Disputes and Appeals Sm 2033.204 Policy.
2033.211 Contract Claims - Contracting officer's decision.
2033.215 Contract clause.
j AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).
Subpait 2033.1 - Protests
{2033.103 Protests to the agency.
s1y p
Protests to the agency dfirst be considered by the contracting officer. The protestor may appeal the contracting officer's decision by delivering or providing a written request to the agency Director, Division of Contracts or Property Management, or designee, to conduct an independent review of the Contracting Officer's decision.
35
i O
12042.570-1 Policy The Nuclear Regulatory Commission's (NRC) policy is to support the contractor's expression of professional health and safety-related concerns associated with the contractor's work for NRC that )() may differ from a prevailing NRC staff view, % disagree with an NRC decision or policy position, or %take issue with proposed or established agency practices. An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent judgement is required to document such concerns on matters directly associated with its performance of the contract. The procedure described in $2052.242-71, Procedures for Resolving NRC Contractor Differing Professional Views, provide for the expression and resolution of DPVs of heahh and safety-related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract. The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees.
NOTE: The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.
12042.570-2 Solicitation provisions and contract clauses.
(a)
The contracting officer shall insert the clause at 2052.242-70, Resolving NRC Contractor Differing Professional Views, in the body of cost reimbursement solicitatione and contracts for professional services, as appropriate. This clause may not be altered by the contracting officer.
(b)
The contracting officer shall include the clause at Q2052.242-71, Procedures for Resolving NRC Contractor Differing Professional Views, as an attachment to cost reimbursement solicitations and contracts for professional services, as appropriate. This clause may not be altered by the contracting officer.
Subpart 2042.8 - Disallowance of Costs 12042,803 Disallowing costs after incurrence.
(a)
Vouchers and invoices submitted to NRC must be submitted to the contracting officer or designee for review and approval for payment. If he examination of a voucher or invoice raises a question t
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 may:
)
(i)
If in disagreement with the disallowance, submit a written claim to the contracting officer for payntent of the disallowed cost and explain why the cost should be reimbursed; or (ii)
If the disagreement (s) cannot be settled, file a claim under the disputes clause wh;ch will be processed in accordance with disputes procedures found at FAR Subpart 33.2; and l
l 38 1
payable to the Government (in situations where there are insufficient payments owed by the Government to effect recovery from the contract).
Part 2045 - GOVERNMENT PROPERTY Subpart 2045.3 - Providing Government Property to Contractors 51 2045.370 Providing Government property :s w.e.c. (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
{2045.370 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 Government property or allowed to purchase the property at Government expense upon determination made by the contracting officer with the advice of j
the agency propeny official that:
(1)
No practicable or economical alternative 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 compared with the costs to the Government of the contractor's use of privately-owned property; and (3)
The Government receives adequate consideration for providing the property.
(2045.371 Propeny Accountability Procedures.
(a)
The threshold for detailed reporting of capitalized equipment by contractors is $50,000.
(b)
The contractor shall send a copy of each Financial Status Repon (NRCAR 2052.211-72, and 2052.211-72 Alternate 1) to the Chief. Property and Acquisition Oversight Branch, Division of Contracts and Property Management, which references the acquisition of, or change in status of, contractor-held property purchased with government funds valued at the time of purchase at 550,000 or more.
40
SUBCHAPTER H - CLAUSES AND FORMS Part 2052 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES Subpart 2052.2 Text of Provisions and Clauses EL 2052.200 Authority, i
2C52.204-70 Security.
2052.204-71 Site access badge requirements.
2052.209-70 Current /former agency employee involvement.
2052.209-71 Contractor crganizational conflicts of interest (representation).
2052.209-72 Contractor organizational conflicts of interest.
2052.211-70 Preparation of technical reports.
i 2052.211-71 Technical progress report.
2052.211-72 Financial status report.
2n" '1172
"";_...mi ai.. ym.. Alisu... L- --
[
2052.214-70 Prebid conference.
L 2052.214-71 Bidder Qualifications and Past Experience 2052.214-72 Bid Evaluation 2052.214-73 Timely receipt of bids.
2052.214-74 Disposition of bids.
2052.215-70 Key personnel.
2052.215-71 Project officer authoritv.
'20 7.213-11 rojecto cer auth
- Alte nate authority - Ahe(r** _.
205. 7 5-71Y P, er afric 2052.215-72 Timely receipt of proposals.
2052.215-73 Award notification and commitment of public funds.
2052.215-74 Disposition of proposals.
2052.215-75 Proposal presentation and format.
Prf22! ;-""
' ':Twyua.; y
-......c :.;i Lwws.wware s r di l]
m *!5 75 h
2^52.215 75 P.
m.oumis 2.2 gj 2052.215-76 roposal conference.
2052.215-77 Travel approvals and reimbursement.
2052.215-78 Travel approvals and reimbursement - Alternate 1.
j
. /d 2052.215-79 Contract award and evaluation of proposals--n </u,y,/ men *~m' o
awa a
a_
t_e n
~
2052.216-70 Level of effort.
2052.216-71 Indirect cost rates.
2052.2:0-,a
- ..i2 2: ~' "'-e - Aha = 'a '
2052.2:5 7:
Indirect cmt reac rah 9 A' r 2.-
2052.216-72 Task order procedures.
2052.216-73 Accelerated task order procedures.
2052.222-70 Nondiscrimination because of age.
2052.227-70 Drawings, designs, specifications, and other data 41
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 j
officer. Failure to comply with this clause is grounds for termination of this contract.
1 (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 Facilities and Security and the Contracting Officer. These changes will be under the authority of the changes clause.
j l
(e)
Definition of National Security Information. The term National Security Information, as used in this clause, means iformation that has been determined pursuant to Executive Order 12958 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 N design, manufacture, or utilization of atomic weapons; pl) the production of special nuclear material; or'ff4 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.
(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 IP 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 clas.,ified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the panicular 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.
(i)
Criminalliabilities. It is understood that disclosure of National Security Information, 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 subcon-tractors 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 12958.)
(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 contrect.
-(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 i
43
c.
/
)
. ~ w l
W"%'"" '" [%g, s As prescribed in Q2011.104-70(c), the contracting officer shall insert the following clause in applicable cost reimbursement solicitations and contracts when no contractor spending plan is required:
Financial Status Report - Alternate 1 (Date) l The contractor shall provide a monthly Financial Status Report (FSR) to the Project Officer and the contracting officer. The FSR shall include the acquisition of, or changes in the status of, contractor-held property acquired with government funds valued at the time of purchase at $50,000 or more. Whenever such changes occur, the contractor shall send a copy of the report to the Chief, Property and Acquisition Oversight Branch, Office of Administration. The report is due within 15 calendar days after the end of the report period and shall identify the title of the project, the contract number, project manager and/or principal investigator, the contract period of perfonnance, and the period covered by the report. Each report shall include the following for each discrete task:
(a) Total estimated contract amount.
(b) Total funds obligated to date.
(c) Total costs incurred this reporting period.
(d) Total costs incurred to date.
(e) Detail of all direct and indirect costs incurred during the reponing period for the entire contract or each task, if it is a task ordering contract.
(f) Balance of obligations remaining.
(g) Balance of funds required to complete contract / task order.
(h) Property status:
(i) Property status:
(1) List property acquired for the Ivoject during the month with an acquisition cost between $500 and $49,999. Give the item number for the specific piece of equipment.
(2) Provide a separate list of 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, mode'l nu:nber, terial number, acquisition cost, and receipt date. If no property was acquired during the month, include a statement to that effect. Note: The same information shall be provided for any component or peripheral equipment which is part of a " system or system unit."
l l
52
l ;
1 (3) For multi-year projects, in the September monthly financial status report provide a cumulative listing of property with an acquisition cost of 550,000 or inore showing the above -
informatic.n.
l (4) In the final financial status report provide a closeout property report l
containing the same elements as described above for the monthly financial status reports, for all property purchased with NRC funds regardless of value unless title has been vested in the contractor. If no property was acquired under the contract, provide a statement to that effect. The report should note any property requirin special handling for security, heahh, safety, or other reasons as part of the report.
(j) Travel statug 3 List the starting and ending dates for each trip, the starting point and destination, and l
the traveler (s) for each trip.
1 (k) 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 (FAR 52.232-20) or the Limitation of Funds (LOF) Clause FAR 52.232-22.
l (End of Clause) f2052.214-70 Prebid conference.
As prescribed at $2014.201-670(a), the contracting officer may insert the following provision in invitations for bids which require a prebid conference:
Prebid Conference (Jan 1993)
(a)
A prebid conference is scheduled for:
Date:
Location:
Time:
(b)
This conference is to afford interested panies an opportunity to present questions and clarify uncertainties regarding this solicitation. You are requested to mail written questions concerning those areas of uncertainty which, in your opinion, require clarification or correction. You 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 :onference 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 essentialin the event the conference is rescheduled or canceled. (Optional statement: Due to space limitations, each potential bidder is limited to
- representatives at the conference.)
53 1
F l
i :
Alternate 1 j (&f As prescribed at {2015.209-70(a)(2)(ii), the contractmg offide/ ' -
\\
r shall insert the following clause in solicitations and contracts which require issuance of delivery orders for specific products / services.
Proiect Officer Authority - Alternatc.1. (Date)
)
i (a)
The contracting officer's authorized representative, hereinaher referred to as the project officer, for this contract is:
Name:
i~
Address:
Telephone Number:
(b)
The project officer shall:
(1)
Place delivery orders for items required under this contract up to the amount obligated on the contract award document.
(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, or suspension.
(c)
The project officer may not make changes to the express terms and conditions of this j
Contract.
i
- To be incorporated into any resultant contract
,/
(End of Clause)
Y CfL Alternate 2 (Date)) '
l As prescribed at $2015.209(a)(2)(iii), the contracting officer shr.!! insert in solicitations for firm fixed price contracts, the clause at 2052.215-71 Project Officer Authority Alternate I which shall be l
used with paragraph b(1) deleted and the remainder of the clause renumbered.
l e
c
l l
(2) Part 2 - Cost Proposal. One (1) original and
- copies of the " Cost Proposal."
t 1
(i) The cost proposal shall be submitted separately from the Technical and Management Proposal or Oral Presentation and Supporting Documentation (as j
applicable).
(ii) The offeror's request for an exception to submitting cost or pricing data shall be made in accordance with FAR 52.215-20 (a).
(iii) If the contracting officer does not grant the offeror an exception from the requirement to submit cost or pricing data, the offeror's cost proposal shall
' conform with the requirements of FAR 52.215-20(b). Cost information shall include pertinent details sufficient to show the elements of cost upon which the total cost is predicted in accordance with the requirement of FAR 52.215-20 (b)(1).
(iv) When the offeror's estimated cost for the proposed work exceeds $100,000 and the duration of the contract period exceeds six months, the offeror shall submit a Contractor Spending Plan (CSP) as part of its cost proposal. Guidance for completing the CSP is attached.
(v) For any subcontract discussed under thc Technical and Management Proposal, or Oral Presentation Material, provide supporting documentation on the selection process, i.e. competitive vs. noncompetitive, and the cost evaluation.
Jh(Q
" Written Technical and Management Proposal" or " Oral Presentation and Supporting Documentation" (as eplicable). One (1) original and
- copies.
(1) The written Technical and Management Proposal or Oral Presentation and Supporting Documentation may not contain any reference to cost. Resource information, such as data concerning labor hours and categories, materials, subcontracts, travel, computer time, etc., must be included so that the offeror's understanding of the scope of work may be evaluated.
(2) The offeror shall submit in the wri en Technical and Managemen* Proposal or Oral tt Presentation and Supporting Documentation full and complete infornation 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) The written Technical Proposal or Oral Presentation and Supporting Documentation most be tailored to assure that all information reflects a one-to-one relationship to the evaluation criteria.
(4) 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 construed as an indication of the offeror's lack of understanding of the statement of work and objectives.
63
I2 (d)
Written Technical or Oral Presentation and Supporting Documentation Requirements -- Instructions.
l I
- To be incorporated into the solicitation (End of Provision) j/ ]
M Alternate 1 (Date)
As prescribed at #2015.209-70(b)(2), this Alternate I may be used for solicitations for negotiated task orders. Include the following paragraph (iv)in place of paragraph (b)(2)(iv) of the basic provision:
(b)(2).
(iv)
The offeror's cost proposal shall be based on the NRC's estimated level of effort. The NRC's estimated level of effort for this procurement 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 u e 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. 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.
c._ T "r 6 Alternate 2 (Date)
U
.0..
- N (id o'
e
-,p) 2 i proposed at $2015.209-70(b)(3), Alternate 2 ay be used for solicitations for negotiated fixed price, lab yr hour, or time and materials contracts. Subs.tute the following paragraphl(2)(ii) for the paragraph'(2)(ii)of the basic provision, delete paragraphs (2)(iii) - (iv) of the basic provision, and renumber the remaining paragraphs.
(ii) '
Submittal of information other than cost or pricing data shall be made in accordance with FAR 52.215-20 Alternate IV.
12052.215-76 Preproposal conference As prescribed at %2015.407-70(c), the contracting officer may insert the following provision in applicable solicitations which include a preproposal conference:
Prepronosal Conferenet (Jan 1993)
(a)
A preproposal conference is scheduled for:
Date:
Location:
Time:
i 64
-.-- -~ - -- -
?-
i (d)
It is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the estimated costs specified in the Schedule.
(e)
Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
(End of Clause)
$r fb
.2 5J8Dreelhryvafsind_rebburs(thenttAlternate 1/
i l
As prescribed in f2015.209-70(d), the contracting officer shall insert the following clause in l
cost reimbursement solicitations and contracts which include a ceiling amount on travel. Note that l
requests for foreign travel must be submitted to the NRC 30 days in advance of the travel date.
l Travel Aporovals and Reimbursement - Alternate 1 (Date)
'(a)
Total expenditure for travel may not exceed
_ ithout the prior approval of w
the contracting officer.
(b)
All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag l
Air Carriers. The contractor shall submit NRC Form 445 to the NRC no later than 30 days prior to the j
commencement of travel.
i (c)
The contractor will be reimbursed only for those travel costs incurred which are directly related to :his contract and which are allowable subject to the limitations prescribed in FAR 31.205-46 (d)
It is the responsibility of the contractor to notify the contracting officer in accordance with the FAR Limitations of Cost clause of this contract when, at any time, the contractor learns that i
travel expenses will cause the contr.mor to exceed the travel ceiling amount identified in paragraph (a) l of this clause.
l (e)
Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments: OMB Circular A 122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Insti:utions.
- To be incorporated into any resultant contract f
(End of Clause)
,r e.
~
e-wr a
52052.215-79 Contract award and evaluation of proposals - technical merit more important than cost.
4 As prescribed in s2015.209(a)(1), insert the following provision in solicitations when technical merit is more important than cost:
Contract Award and Evaluation of Proposals (Date)
J (a)
By use of narrative and numerical (as appropriate) scoring techniques, proposals are evaluated against the evaluation factors specified in paragraph
- below. These factors are listed in their relative order of importance.
(b)
The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror (s) whose proposal (s) represents the best value, as defined in FAR 2.101, after evaluation in accordance with the factors and subfactors in the solicitation.
(c)
The Government may:
) feject any or all proposals if such action is in the Government's interest.
E (2) Mive informalities and minor irregularities in proposals received.
5 j
(d)
The Government intends to evaluate proposals and award a contract without discussions with offerors. The Government reserves the right to seek proposal clarifications (e.g., capability issues as described in FAR 15.306(a) or minor or clerical errors as described in FAR 14.407); and hold communications as described in FAR 15.306(b)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right i
to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(e)
The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
. (f)
The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(g)
Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(h)
The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated l
or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
67 l
l
1 (i)
If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
1 (j)
A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract withou: further action by either party.
(k)
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 i
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.
- To be incorporated into the solicitation.
1 (End of Provision)
~~ '
' CTL ]
wg m. ; g _ i....:_ a ~.-A Alternate 1 (Date)
As prescribed at f2015.209-70(e)(2), Alternate 1 may be used when proposals are to be evaluated on a lowest price, technically acceptable basis. Substitute the following paragraph for paragraph (b) in the clause at f 2052.215-79:
(b)
Although technical merit in the evaluation criteria set forth below is a factor in the evaluation of proposals, award will be made on the basis of the lowest evaluated price of proposals meetmg or exceeding the acceptability standards for non-cost factors, Alternate 2 (Date)
As prescribed at $2015.209 70(e)(2), Alternate 2 may be used when cost and technical merit are of equal significance. Substitute the following paragraph for paragraph (b) in the clause at Q2052.215-79:
(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 Q2016.307-70(a) the contracting officer shall insert the following provision in solicitations for negotiated procurements containing labor costs other than maintenance services, to be l
awarded on a cost reimbursement, cost sharing, cost-plus-award-fee, cost-plus-fixed-fee, time and I
materials, or labor hours basis.
Level of Effort (Jan 1993)
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 l
i 68 i
l l
l
3 i.
s' considered as the sole basis for the development of the staffing plan. For the purposes of the Government estinate,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) 92052.216-71 Indirect cost rates.
'As prescribed at {2016.307-70(b), the contracting officer may insert the following clause in solicitations and contracts where provisional rates without ceiling apply.
Indirect Cost Rates (Jan 1993)
(a)
Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows:
(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 Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.
- To be incorporated into any resultant contract.
(End of Clause)
Alternate 1 As prescribed at Q2016.307-70(b)(2), the contracting officer may insert the following clause in applicable solicitations and contracts where predetermined rates apply:
Indirect Cost Rates - Alternate 1 (Jan 1993)
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) l 69
e, i
C.I.7c. Alternate 2 As prescribed at 92016.307-70(b), the contracting officer may insert the following clause in 4
applicable solicitations and contracts where provisional rates with ceilings apply:
Indirect Costs (Ceilinp - Alternate 2 (Date) i (a)
For this contract, the ceiling amount reimbursable for indirect costs is as follows:
(b)-
In the event that indirect rates developed by the cognizant audit activity on the basis of actual allowable costs result in a lower amount for indirect costs, the lower amount will be paid. The Government may not be obligated to pay any additional amounts for indirect costs above the ceiling rates set forth above for the applicable period.
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- To be incorporated into any resultant contract.
(End of Clause) 62052.216-72 Task order procedures.
As prescribed at $2016.506-70(a), the contracting officer may insert the following clause in applicable solicitations and contracts that contain task order procedures. This clause may be ahered to fit the circumstances of the requirement.
Task Order Procedures (Date)
(a)
Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORFP) which may include the following, as appropriate:
(1)
Scope of work / meetings / travel and deliverables; i
(2)
Reporting requirements; (3)
Period of performance - place of performance; i
(4)
Applicable special provisions; (5)
Technical skills required; and (6)
Estimated level of effort.
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(b)
Task order technical proposal. By the date specified in the TORFP, the contractor shall deliver to the contracting officer a written or verbal (as specified in the TORFP technical proposal
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submittal instructions) technical proposal that provides the technical information required by the TORFP.
(c)
Cost proposal. The contractor's cost proposal for each task order must be fully supported l
by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance I
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.
1 (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:
j (1)
Statement of work / meetings / travel and deliverables; (2)
Reporting requirements; (3)
Period of performance; (4)
Key personnel:
(5)
Applicable special provisions; and (6)
Total task order amount including any fixed fee.
(End of Clause) f2052.216-73 Accelerated task order procedures.
e As prescribed at $2016.506-70(b), the contracting officer may insert the following clause in l
applicable solicitations and contracts which contain task order procedures. This clause may be altered to fit the circumstances of the requirement.
Accelerated Task Order Procedures (Jan 1993)
(a)
The NRC may require the contractor to commence work before receipt of a definitized task order from the contracting officer. Accordingly, when the contracting officer verbally authorizes 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 cost proposal with supperting 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 con-tracting 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.
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(iii) the rationale for the submitter's views, including an assessment based on risk, safety and cost benefit considerations of the consequences should the submitter's position not be adopted by NRC.
(h) The Office Director or Regional Administrator will immediately forward the submittal to the NRC DPV Review Panel and acknowledge receipt of the DPV, ordinarily within five (5) calendar days of receipt.
(i) 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 issue. Typically, within 30 calendar days of receipt of the necessary information to begin a review, the panel will provide a written report of its Ondings to the Office Director or Regional Administrator and to the Contracting Officer, which includes a recommended course of action.
(j) The Office Director or Regional Administrator will consider the DPV Review Panel's report, make a decision on the DPV and provide a written decision to the contractor and the Contracting Officer normally within seven calendar days after receipt of the panel's recommendation.
(k) Subsequent to the decision made regarding the DPV Review Panel's report, a summary of the issue and its disposition will be included in the NRC Weekly Information Report submitted by the Office Director. The DPV file will be retained in the Office or Region for a minimum of one year thereafter. For purposes of the contract, the DPV shall be considered a deliverable under the contract. Based upon the Office Director or Regional Administrator's report, the matter will be closed.
(End of Clause) jf Dated at Rockville, Maryland this day of
,1998.
For the Nuclear Regulatory Commission.
L. Joseph Callan y;ll Executive Director for Operations [
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2 Acoroved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the Administrative Procedures Act (5 U.S.C. 551(4)), subject to the limitations specified in NRC Management Directive 9.17, " Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213,038,039, and 0 The attached proposed rule entitled "NRC Acquisition Regulations"(NRCAR)[revisek the NRCAR to codify all streamlining procedures that the NRC has been using in practice under the agency's 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. Examples of such procedures are found in the NRCAR sections covering instructions for proposal preparation and evaluation.
Under the proposed rule, the Contracting Officer is now encouraged to use streamlining measures such as oral presentations and a minimum number of evaluation criteria during the selecting evaluation procedures / criteria (e.g.,;also allowkt ie Contracting Of source selection process. The proposed rule f
weighted criteria or evaluations based upon non-weighted narrative evaluations) which are appropriate to the type of solicitation and requirement. The so Krestructur#Ryt le NRCAR to eliminate obsolete coverage, and
)
make necessary technical d conforming amendments as a result of changes to the Federal Acquisition Regulation (FAR)ffActf c/ uk w l4 u wg, or eaa This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR parts 7,8, or 9 Subpart C concerning matters of policy. I i
therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
Date L. Joseph Callan I
Executive Director for Operations L
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-[b; 4
./
Attacnment 3 I
WEEKLY REPORT TO THE COMMISSION OFFICE OF ADMINISTRATION Prooosed Rule to be Sioned by the EDO On
.1998, the Executive Director for Operations approved a i
proposed rule that would revise the NRC Acquisition Regulation (NRCAR) to codify all streamlining procedures which the NRC has been using in practice under the agency's Procurement Reinvention Laboratory (PRL). These streamlining procedures emphasize-t creativity, flexibility, and most of all teamwork to ensure that agency contracting needs are
.I fulfilled in the most efficient manner possible. Examples of such procedures are found in the I
i NRCAR sections covering Hstructions for proposal preparation and evaluation. Under the i
proposed rule, the Contracting Officer is now encouraged to use streamlining measures such as oral presentations and a minimum numbar nf evaluation criteria durina the ennrce selection
.[
process. The proposed rulefalso allo tha Contracting Officer flexibility in selecting evaluation r'
procedures / criteria (e.g., weighted crite or evaluations based upon non-weighted narrativ f ', e evaluations) which are appropriate to the type of solicitation and requirement. The isoit t'
. restructerk the NRCAR to eliminate obsolete coverage, and make necessary technical and conforming amendments as a result of changes to the Federal Acquisition Regulation (FAR).
This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this proposed rule for publication in the Federal Register.
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