ML20203E434

Submits Changes to Proposed Rule Entitled, Nuclear Regulatory Commission Acquisition Regulation (Nrcar), in Accordance with Memo Dtd 970814

ML20203E434
Person / Time
Issue date:	09/16/1997
From:	Hassell D NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Norry P NRC
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 AF52-1-024, AF52-1-24, NUDOCS 9902170191
Download: ML20203E434 (1)

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GENERAL COUNSEL MEMORANDUM TO: Patricia G. Norry Deputy Executive Directive

'for Management ces FROM: Donald F. Has Assistant Gene I

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forAdministration

SUBJECT:

PROPOSED REVISIONS TO THE " NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION'(NRCAR)

In accordance with your August 14,1997, memorandum, we have reviewed the proposed revision to the NRCAR and recommend the following changes to that document::

1. The proposed revisions would eliminate existing NRCAR $ 2015.612(b)(1)(l), which says that Source Evaluation Panels ordinarily should consist of at least three evaluators, and NRCAR $ 2015(b)(2), which says that a single evaluator may be used for procurements of less

. than $500,000. Our experience indicates that NRC benefits (e.g. particularly defending against protests) from the more thorough evaluations possible when three or more evaluators l independently review proposals and then jointly discuss their proposed findings and conclusions. However, we agree that this number of evaluators is not legally necessary for procurements under $500,000. Accordingly, we recommend retention of the existing language in both instances.

2. The proposed revision eliminates both the existing bid evaluation language in NRCAR

$ 2014.201(b)(1), requiring the use of the solicitation clause NRCAR $2052.214-71, Bidder Qualifications and Past Exponence, and the solicitation clause itself. The clause requires that bidders list prior contracts and associated information for NRC's use in determining whether the contractor should be considered a responsible contractor. We believe that a clause of this type is useful and recommend its retention, even though NRC does not use the sealed bid process frequently. Further, in our exponence, NRC uses a similar solicitation clause in negotiated procurements to obtain information for evaluating past performance. Accordingly, we recommend that the NRCAR include similar instructions and a solicitation clause for use in negohated procurements. We also recommend that such clauses require that the bidder or oNoror identify both business and technical contacts, together with their telephone numbers.

Please call me at 415-1550 if you have any questions about these recommendations.

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