ML20203E556

Forwards Marked Copy of Document That Presents Addl Comments & Corrections on Proposed Rule Entitled, Nuclear Regulatory Commission Acqusition Regulation

ML20203E556
Person / Time
Issue date:	09/10/1998
From:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Thompson R NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20203D144	List: ML20203D140 ML20203E208 ML20203E222 ML20203E232 ML20203E249 ML20203E260 ML20203E268 ML20203E273 ML20203E293 ML20203E305 ML20203E314 ML20203E320 ML20203E330 ML20203E343 ML20203E347 ML20203E354 ML20203E365 ML20203E369 ML20203E379 ML20203E398 ML20203E412 ML20203E423 ML20203E428 ML20203E434 ML20203E440 ML20203E467 ML20203E478 ML20203E497 ML20203E510 ML20203E515 ML20203E519 ML20203E527 ML20203E531 ML20203E537 ML20203E545 ML20203E556 ML20203E682
References
FRN-63FR67726, RULE-PR-48C20 AF52-1-036, AF52-1-36, NUDOCS 9902170218
Download: ML20203E556 (21)

Text

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[pe nrog% UNITED STATES I'bQ s* j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001

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l September 10,1998 MEMORANDUM TO: Ronald D. Tht,mpson, Chief i Policy and Acquisition Oversight Branch  !

' Division of Contracts and Property Management i Office of Administration FROM: David L. Meyer, Chief 4.9 -M" )

Rules and Directives Branch Division of Administrative Services Office of Administration

SUBJECT:

REVIEW OF THE NRC ACQUISITION REGULATION The Rules and Directives Branch concurs on the proposed revision to the NRC Acquisition Regulation (48 CFR Chapter 20). We have attached a marked copy of the document that

presents additional comments and corrections. The changes in codified text are essential for the document to be accepted for publication in the Federal Register, if you have any questions conceming this inatter, please have a member of your staff contact l me at 415-7162 (DLM1) or Michael T. Lesar at 415-7163 (MTL).

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Attachment:

As stated l

i 9902170218 990209 PDR PR 48C2063FR67726 PDR

'M 0 J / 7 0 /t 03 I

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Summary of Changes

1. Part 2002 - Definitions. Language designating Task and Delivery Order Ombudsman would be added in accordance with FASA requirements.

2. Part 2003 - Imoroner business oractices and oersonal conflicts of interest The Office of Government Ethics regulations became effective January 17,1997 (61 FR 66830 ;6 ereah /f

. The OGE regulations supersede the NRC standards of conduct regulations that were are fourid in 10 CFR Part O. Standards of conduct and requirements for financial disclosure are now published in 5 CFR Parts 2635.5801 and 2634 respectively.10 CFR Part 0 has been eliminated (62 FR 16053; April 4,1997). This part would be amended to reflect currently effective references to OGE provisions.

( 3. Part 2009 Contractor Qualificatio3. Proposed changes to $2009.1 - Responsible Prospective Contractors. This part, which contains the NRC Policy covering contracts awarded l to former employees of this agency ($2009.100), would be updated to eliminate I inconsistencies.

a. The NRC requires information provided under $2052.209-70 " Current /Former l Agency Employee involvement" to ensure that conflict of interests are avoided

. and faimess is maintained during the selection process. The burden of requiring a separate, higher al review by the contractor to certify the representation i'

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:.. lessened by deletion of the certification requirement of the clause. The t

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clause now only asks the contractor to check if there were or were not current /former NRC employees who have been or will be involved, directly or indirectly, in developing the offer, or in negotiation on behalf of the offeror, or in ,

i managing, administering, or performing any contract, con greement, or subcontract resulting from the offer. This action wahtaken pursuant to Section 4301 of Pub. L. 109-106 (FARA).

4. Part 2009.5 - Oraanizational Confligts of interest. The definition of " Subcontractor" found in 62009.570-2 excludes subcontracts "in amounts not exceeding the small purchase l threshold." This conflicts with $2009.570-8 Subcontracts, which requires the submission of a representation statement for subcontracts and consultants "in excess of $10,000." According to  ;

1 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 threshold is statutory, the inconsistent portion of the 92009.570-2 would be corrected.

5. Part 2010 - Soecifications. Standaras. and Other Purchase Descriotions. This Part 73

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as well as $2010.004 - Brand name products or equal would be removed. FAR Part 10 is now I 71 devoted to Market Research. Guidance on the use of brand name products is now under FAR 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 ($2052.210-70). Some restriction on ordering brand name products is evident in FAR 6.302-1 which requires a sole source 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 5

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! .gl e pe i vd#{d simplified acquisition procedures.- '

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6. Part 2015 - Contrar*ina By Naanti=+ian. This part would be arnended to reflect changes made under the NRC's Procurement Reinvention Laboratory (PRL). The amendments I to this Part would encourage the Contracting Officer to use oral presentations and a minimum number of evaluation criteria during the source selection process. This Part would also be h

amended to allow the Contracting Officer flexibility to select evaluation procedures / criteria (e.g., j weighted criteria or evaluations based upon non-weighted narrative evaluations) which are l . appropriate to the type af solicitation and requirement.

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7. Part 2016 - Tvoes of Contracts.' The amendments to Part 2016 would allow the .

Contracting Officer the flexibility to negotiate ceiling rates for indirect costs and to streamline the task order technical proposal language. q l

8. Part 2032 - Contract Financina - 62032.4. This Part would be amended to bring its

. language in line with FAR Part 32.4 which covers advance payments for non-commercial items.

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g. Part 2025 - Foreian Acauisition. Under this Part, the NRCAR requires the contracting officer to approve a written determination not to acquire US-produced supplies for l l

public use. The Head of the Contracting Activity (HCA) is required to approve such a determination for acquisitions which exceeded $1 mill' ion. FAR 25.102 has since been revised j 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 f-n l threshold for HCA approval of the contracting officer's determination, and stating that the HCA 1

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. Regulations, Reporting and record keeping requirements, i

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, Perts 2030, 2031, 2032, 2033, and 2035 - Govemment procurement, Nuclear

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' Regulatory Commission Acquisition Regulations. <

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' Part 2042.- Govemment procurement, Nuclear Regulatory Commission Acquisition l . Regulations, Repoiting and record keeping requirements.

l Part 2045 - Govemment procurement, Nuclear Regulatory Commission Acquisition Regulations Reporting and record keeping requirements.- ,

l-l Part 2052 - Govemment procurement, Nuclear Regulatory Commission Acquisition Regulations, Reporting and record keeping requirements. 1 For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorgani'.ation Act popos "

4, as amended,5 U.S.C. W-hl553, and FAR Subpart 1.3, the NRC Ch ishvis' pter 20 to Title 48 of the Code of k i

! C l Federal Regulations in its entirety i

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

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

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

Subpart 2001.1 - Purpose, Authority, Issuance I 00 [0 <

ih $2001.101 Purpose.

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I\ This subpart establishes Chapter 20, the Nuclear Regulatory Commission Acquisition Regulation (NRCAR), and provides for the codification and publicrXon of uniform policies and s /p' procedures for acquisitions by the NRC. The NRCAR is not, by i.self, a complete document. It must g be used in conjunction with the Federal Acquisition Regulation (f AR) (48 CFR Chapter 1).

i $2001.102 Authority.

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dy The NRCAR and the amendments to it are issued by the Senior Procurement Executive under a C

g ( delegation from the Executive Director for Operations dated May 16,1997, in accordance with the authority of the Atomic Energy Act of 1954, as amended (42. U.S.C.161), the Energy Reorganization Act of 1974 (42 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.

f2001.103 Applicability.

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 nonappropriated funds, the Director, Division of Contracts and Property Management, shall determine the rules and procedures that apply.

92001.104 Issuance.

92001.104-1 Publication and code arrangement. .

(a) The NRCAR and its subsequent changes are:

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

(b) The NRCAR is issued as 48 CFR Chapter 20. I 92001.104-2 Arrangement of the regulations.

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

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

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l (1) Where Chapter 20 implements the FAR_or supplements a parallel part, subpart, section, subsection, or paragraph of the FAR, that implementation or supplementation is numbered and

captioned to the FAR part, subpart, section, or subsection being implemented or supplemented, except l

that the implementation or supplementation is preceded with a 20 or 200 so that there will always be four numbers to the left of the decimal. For example, NRC's implementation of FAR 1.104-1 is shown as f2001.104-1 and the NRC's implementation of FAR 24.1 is shown as Q2024.1.

(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, St:ction 170A of the Atomic Energy Act of 1954, as amended, requires a more comprehensive organizational conflict of interest review for NRC than is contemplat.:d by FAR 9.5. This supplementary material is identified as

$2009.570.

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

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

When this section is referred to formally in official documents, such as legal briefs, it should be cited as "48 CFR 2001.104-2(c)." Any section of the NRCAR may be formally identified by the 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.

12001.104-3 Copies.

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

j 62001.105 Information collection requirements: OMB approval.

l (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 part under control number 3150-0169.

(b) The information collection requirements contained in this part appear in $62009.570-3, 2009.570-5, 2009.570-8, 2014.201-670,^1Mfr4Q6, 2027.305-3, 2042.570-1, 2042.803, 2045.371, 2052.204-70, 2052.204-71, 2052.209-70, 2052.209-71, 2052.209-72, 2052.211-70, 2052.211-71, i

2052.211-72, 2052.211-72 Alternate 1,2052.214-71,2052.214-72,2052.214-74 and 2052.215-74,  :

l 2052.215-70, 2052.215-71, 2052.215-75, 2052.215-75 Alternate 1, 2052.215-75 Alternate 2, +A,m,.g 9  !

l 2052.216-72,2052.227-70,2052.235-70,2052.235-71,2052.242-70, and 2052.242-71.

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(2) The contracting officer shall review the written statement of facts for a 1 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 Competit!an Advocate through the Director, Division of Contracts and Property Management with any comments or information that should be considered in evaluating the request for ratification.

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

52001.603 Selection, appointment, and termination of appointment.

The Director, Division of Contracts and Property Management, is authorized by the Director, Office of Administration, to select and appoint contracting officers and to terminate their appointment as prescribed in FAR 1.603. Delegations of contracting officer authority are issued by memorandum which includes a clear statement of the delegated authority, including 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 Subpart 2002.1 - Definitions h

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

Subpart 2002.1 - Definitions f2002.100 Definitions Agency means the Nuclear Regulatory Commission (NRC).

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

l 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).

Comnetition 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.

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i (ii) Guidance. The Contracting Officer,,7would allow the contractor to proceed with the solicitation because(A) It is not in the same technical area as the NRC work; and (B) l Mj hj fh The potential for technical bias by the contractor because of financial ties to the utility i

kfN is slight due to the relative value of the two contracts.

44f f (9)(i) Example. The ABC Corp. is constructing a turbine building and installing new l

turbines at a reactor site. The contract with the utility is for five years and has a total value of $100 million. ABC Corp. has responded to an NRC Request For Proposal requiring the contractor to participate in a major team inspection unrelated to the turbine work at the same site. The estimated value of the contract is $75K.

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

(d) Other considerations.

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

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

l 52009.570-4 Representation.

l (a) The following procedures are designed to assist the NRC contracting officer in determining whether situztions or relationships exist which may constitute organizational conflicts of l interest with respect to a particular offeror or contractor, The procedures apply to small purchases

meetmg the criteria stated in the following paragraph (b) of this section.

1 (b) The organizational conflicts ofinterest representation provision at $2052.209-71 must be included in solicitations and contracts resulting from unsolicited proposals. The contracting officer must also include this provision for task orders and contract modificadons for new work for:

i (1) Evaluation services or activities; (2) Technical consulting and management support services; (3) Research; and l

I (4) Other contractual situations where special organizational conflicts of interest provisions are noted in the solicitation and would be included in the resulting contract. This representation requirement also applies to all modifications for additional effort under the contract except those issued under the " Changes

• clause. Where, however, a statement of the type required by the organizational conflicts of interest representation provisions has previously been submitted with regard to the contract being modified, only an updating of the statement is required.

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PART 2011 - DESCRIBING AGENCY NEEDS AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b) /

/ l Subpart 2011.4 Delivery or Performance Schedules - Contract clauses

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$2011.104-70 NRC Clauses.

(a) The contracting officer shall insert the clause at 52052.211-70 Preparation of Technical Reports, when deliverables include a technical report.

.(b) The contracting officer shall insert the clause at Q2052.211-71 Technical Progress Report, in all solicitations and contracts except-(1) Firm fixed price; or (2) Indefinite-delivery contracts to be awarded on a time-and-materials or labor-hour basis, or which provide for issuance of delivery order' sfor 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 s2052.2211-72 Financial Status Report - Alternate I when no Contractor Spending Plan is required.

(d) The contracting officer may alter clauses f2052.211-70, 72 and -72 Alternate i prior to issuance of the solicitation or during competition by solicitation amendment. Reporting requirements 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 solicitstion amendment.

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

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

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Subpart 2033.2 - Disputes and Appeals  !

Sm 2033.204 Pohey.

2033.211 Contract Claims - Contracting officer's decision.

2033.215 Contract clause.

AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 4i U.S.C. 418(b).

Subpart 2033.1 - Protests s p

$2033.103 Protests to the agency.

N Protests to the agency c - first be cc:tsidered 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. I Subpart 2033.2 - Disputes and Appeals 62033.204 Policy.

l Final decisions of the NRC contracting officer on contract disputes and appeals issued pursuant to the Contracts Disputes Act will be heard by the Department of Energy Board of Contract Appeals (EBCA) pursuant to an interagency agreement between the NRC and the Department of Energy. The EBCA "ules appear in 10 CFR Part 1023.

(2033.211 Contract Clahns - Contracting olYicer's decision.

The contracting officer shall alter the paragraph at FAR 33.211(a)(4)(v) to identify the Energy Board of Contract Appeals and include its addresu: U.S. Department of Energy, Board of Contract Appeals, HG-50, Building 950,1000 Independence Ave., SW, Washington, DC 20585, when preparing a written decision.

62033.215 Corecact clause.

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

( sources would be impractical.

SUBCHAPTER F - SPECIAL CATEGORIES OF CONTRACTING 49

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l SUBCHAPTER G - CONTRACT MANAGEMENT i

l Part 2042 - CONTRACT ADMINISTRATION  ;

Subpart 2042.570 Differing Professional Views (DPV) i i

SE 2042.570-1 Policy 2042.570-2 Solicitation and contract clauses / ,./ l

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Subpart 2042.8 - Disallowance of Costs (2p Y l 2042.803 Disallowing costs after incurrence. gr& - { .

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AUTHORITY: 42 U.S.C. 2201; 42 U.S.C. 5841; and 418(b). e o f })Yg l Subpart 2042.570 - Differing Professional Views N/

52042.570e1 Policy st.

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 hy differ from a prevailing NRC staff view,)kdisagree 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 sssociated with its l performance of the contract. The procedure described in 52052.242-71, Procedures for Resolving i NRC Contractor Differing Professional Views, provide for the expression and resolution of DPVs of I health and safety-related concerns associated with the mission of the agency by NRC contractors, I l contractor personnel or subcontractor personnel on matters directly associated with its performance of j

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 endor.ca them.

f2042.570-2 Solicitation provisions and contract clauses.

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(a) Tiie contracting officer shall insert the clause at $2052.242-70, Resolving NRC

! Contractor Differing Professional View, in the body of cost reimbursement solicitations 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 $2052.242-71, Procedures for Resolving NRC Contractor Differing Professional Views, as an attachtnent to cost reimbursement 51 i

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(iii) Issue a final decision, including any disallowance of questioned costs; inform the contractor of his/her right to appeal the decision under the disputes procedures found at FAR Subpart 33.2: and provide a copy of the final decision to the Office of the Inspector General; and (iv) Initiate immediate recoupment actions for all disallowed costs owed the Government by one or more of the following methods:

(A) Request that the contractor provide a credit adjustment (offset) and an adequate description / explanation of the adjustment against amounts billed the Government on the next or other future invoice (s) submitted under the contract for which the disallowed costs apply; (B) Deduct the disallowed costs from the next invoice submitted under the contract; I (C) Deduct the disallowed costs on a schedule determined by the contracting officer after discussion with the contractor (if the contracting officer determines that an immediate and complete deduction is inappropriate);

and (D) Advise the contractor that a refund is immediately payable to the Government (in situations where there are insufficient payments owed by the Government to effect recovery from the contract).  !

Part 2045 - GOVERNMENT PROPERTY l Subpart 2045.3 - Providing Government Pro rty to Contractors Iff k rf '

2045.370 Providing Government .(in general).

2045.371 Property Accountability Procedures 1

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 52045.370 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 the agency property official that:

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(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. l f2045.371 Property 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 P.eport (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, l

contractor-held property purchased with goverrunent funds valued at the time of purchase at $50,000 or '

more.

1 SUBCHAPTER H - CLAUSES AND FORMS l Part 2052 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES Subpart 2052.2 Text of Provisions and Clauses Src 2052.200 Authority.

2052.204-70 Security.

2052.204-71 Site access badge requirements.

l 2052.209-70 Current /former agency employee involvement.

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

2052.209-72 Contractor organizational conflicts of interest.

2052.211-70 Preparation of technical reports.

2052.211-71 Technical progress report.

2052.211-72 Financial status report.

l i 2052.214-70 Prebid conference.

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l 2052.214-71 Bidder ualifications,anc} ast perienc 2052.214-72 Bide aluationg j, 2052.214-73 Timely receipt of bids.

2052.214-74 Disposition of bids.

2052.215-70 Key personnel.

2052.215-71 Project officer authority.

2052.215-72 Timely receipt of proposals.

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

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial l plans, internal data protected by the Privacy Act of 1974 (Pob. L.93-579), or other information which has not been released to the public or has been determined bf 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 con-tractor agrees to return the information to the Commission or otherwise dispose of it at the direction of the contracting officer. Failure to comply wnh this clause is grounds for termination of this contract.

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

(e) Definition of National Security Information. The term National Security Information, as used in this clause, means information 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) Defirition of Restricted Data. The term Restricted Data, as used in this clause, means all data concerning design, manufacture, or utilization of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy, but does not 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 ' ,

i this clause, means all data removed from the Restricted Data category under Section 142-d of ,F Atomic Energy Act of 1954, as amended. f (h) Security clearance personnel. The contractor may not permit any # cf

• individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.

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(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if it is a task ordering contract.

l (f) Balance of obligations remaining. l (g) Balance of funds required to complete contract / task order.

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(h) Contractor Spending Plan (CSP) status: A revised CSP is required with the Financial Status Report whenever the contractor or the contracting officer has reason to believe that the total cost for performance of this contract will be either greater or substantially less than what had been previously estimated.

(1) Projected percentage of completion cumulative through the report period i for the project / task order as reflected in the current CSP. l (2) Indicate significant changes in the original CSP projection in either dollars or percentage of completion. Identify the rMnge, the reasons for the change, whether there is any projected overrun, and when additional funds would be required. If there have been no changes to the original NRC-approved CSP projections, a written statement to that effect is sufficient in lieu of I submitting a detailed response to item "h" (i) Property status:

(1) List property acquired for the project during the month with an acquisition l cost between $500 and $49,999. Give the item number for the specific piece of equipment. l (2) Provide a separate list of property acquired for the project during the month with an acquisition cost of $50,000 or more. Provide the following information for each item of property: item description or nomenclature, manufacturer, model number, serial number, acquisition cost, and receipt date. If no property was acquired during the month, include a statement to that effect.

Note: The same information shall be provided for any component or peripheral equipment which is part of a " system or system unit."

(3) For multi-year projects, in the September monthly financial status report provide a cumulative listing of property with an acquisition cost of $50,000 or more showing the above information.

(4) In the final financial status report provide a closecut property report 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 requiring special handling for security, health, safety, or other reasons as part of the report.

(j) Travel status:

t the starting and ending dates for each trip, the starting point and destination, and the traveler (s) for each trip.

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i (2) Part 2 - Cost Proposal. One (1) original and

• copies of the " Cost Proposal."

(i) The cost proposal shall be submitted separately from the Technical and Management Proposal or Oral Presentation and Supporting Documentation (as 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 i total cost is predicted in accordance with the requirement of FAR 52.215-20 (b)(1). l (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 the Technical and Management Proposal, or Oral Presentation Material, provide supporting documentation on

? the selection process, i.e. competitive vs. noncompetitive, and the cost evaluation.

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( f c)ocumentation"

" Written Technical and Management Proposal" or " Oral Presentation and Supporting (as applicable). One (1) original and

• copies.

(1) The written Technical and Management Proposal or Oral Presentation and i 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.

l (2) The offeror shall submit in the written Technical and Management Proposal or l Oral Presentation and Supporting Documentation full and complete information as set

forth below to permit the Government to make a thorough evaluation and a sound i 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 l Documentation must be tailored to assure that all information reflects a one-to-one l relationship to the evaluation criteria.

(4) Statements which paraphrase the statement of work without communicating the specific approach proposed by the offeror, or strtements to the effect that the offeror's understanding can or will comply with the statement of work may be construed as an 76 2

~(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 Non Organisions; and OMB Circular A-21, Cost Principles for Educational Instituti , p Int j bt*

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( 13 g /e *To be incorporated into any resultant contract

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{(Il)V/ h/ (End of Clause)

I. .215-79 Contract award and evaluation of proposal As prescribed in $2015.209(a)(1), insert the following provision in solicitations when technical merit is more important than cost:

Contract Award and Evaluation of Pronosals (Date) l (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 factor; and subfactors in the solicitation.

(c) The Government may:

i (1) Reject any or all proposals if such action is in the Governmer:t's interest.

(2) Waive informalities and minor irregularities in proposals received.

l (d) The Government intends to evaluate proposals and award a contract without l discussions with offerors. The Government reserves the right to seek proposal clarifications (e.g.,

l capability issues as described in FAR 15.3%(a) or minor or clerical errors as described in FAR 14.407); and hold communications as described in FAR 15.30Mb)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government aeserves the right to conduct discussions if the Contracting Officer later determines them l 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 l greatest number that will permit an efficient competition among the most highly rated proposals.

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(a) The Nuclear Regulatory Commission's (NRC) policy is to support the contractor's l expression of professional health and safety related concerns associated with the contractor's work for i

NRC that pl(may differ from a prevailing NRC staff view, p(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 NRC's policy is to support these instances as Differing Professional Views (DPVs).

(b) The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) of health 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. This procedure may be found in Attachments to this l

document. The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. NOTE: The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.

(End of Clause) 92052.242-71 Procedures for Resolving Differing Professional Views l As prescribed in 2042.570-2(b), the contracting officer shall include the following clause as an l attachment to cost reimbursement solicitations and contracts for professional services, as appropriate.

l This clause mcy not be altered by the contracting officer.

l Procedures for Resolvine NRC Contractor Differing Professional Views (DPVs) (Date) l (a) The following procedure provides for the expression and resolution of differing professionas views (DPVs) of heahh and safety related concerns of NRC contractors and contractor i personnel on matters connected to the subject of the contract. Subcontractor DPVs shall be submitted i through the prime contractor. The prime contractor or subcontractor shall submit all DPV's received  !

but need not endorse them.

(b) The NRC may authorize up to eight reimbursable hours for the contractor to document in writing a DPV by the contractor, the contractor's personnel, or subcontractor personnel. The l contractor shall not be entitled to any compensation for effort on a DPV which exceeds the above-specified eight hour limit.

(c) Prior to incurring costs to document a DPV, the contractor shall first determine whether l there are sufficient funds obligated under the contract which are available to cover the costs of writing i a DPV. In the event that there are insufficient obligated funds under the contract, the contractor shall j first request the NRC contracting officer for additional funding to cover the costs of preparing the DPV and authorization to proceed.

(d) Contract funds shall not be authorized to document an allegation where the use of this NRC -

4 contractor DPV process is inappropriate. Examples of such instances are@ allegations of l wrongdoing which should be addressed directly to the NRC Office of the inspector General (OlG) }

)

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

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issues submitted anonymously, or % issues raised which have already been considered, addressed, or rejected, absent significant new information. Note that this procedure does not provide anonymity.

Individuals desiring anonymity should contact the NRC OIG or submit the information under NRC's Allegation Program, as appropriate.

(e) When required, the contractor shall initiate the DPV process by submitting a written statement directly to the NRC Office Director or Regional Administrator responsible for the contract,  !

with a copy to the Contracting Officer, Division of Contracts and Property Management, Office of  !

Administration. Each DPV submitted will be evaluated on its own merits. '

(f) The DPV, while 'ng brief, shall contain the following as it relates to the subject matter of the contract:

/

5 l ) Tsumm. ary of the prevailing NRC view, existing NRC decision or stated on, or the proposed or established NRC practice.

) eshiption of the submitter's views and how they differ from any of the abdve items.

) Tationale 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.~

(g) The Office Director or Regional Administrator will immediately forward the submittal to the NRC DPV Review Panel and acknowledge receipt of the DPV, ordinarily within five (5) calendar days of receipt. '

(h) 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 findings to the Office Director or Regional Administrator and to the Contracting Officer, which includes a recommended course of action.

(i) The Office Director or Regional Administrator will consider the DPV Review Panel's report, make a decision on the DPV and provMe a written decision to the contractor and the Contracting Officer normally within seven calendar days after receipt of the panel's recommendation.

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• e-(j) Subsequent to the decision made cegarding 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)

Dated at Rockville, Maryland this day of ,1998.

For the Nuclear Regulatory Commission. .

f/

L. Joseph Callan, xecutive Director for Operations.

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