[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Proposed Rules]
[Pages 67726-67752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32253]



[[Page 67725]]

_______________________________________________________________________

Part II





Nuclear Regulatory Commission





_______________________________________________________________________



48 CFR Chapter 20



Acquisition Regulation (NRCAR); Proposed Rule

Federal Register / Vol. 63, No. 235 / Tuesday, December 8, 1998 / 
Proposed Rules

[[Page 67726]]



NUCLEAR REGULATORY COMMISSION

48 CFR Chapter 20

RIN 3150-AF52


Acquisition Regulation (NRCAR)

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations governing the procurement of goods and services. 
The proposed rule is intended 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 Federal Acquisition Regulation (FAR) requirements. This 
proposed rule would eliminate obsolete coverage and make necessary 
technical and conforming amendments to the NRCAR. The NRCAR applies to 
all contracts including simplified acquisitions where specified and to 
modifications that require a justification for other than full and open 
competition.

DATES: Comments on the proposed rule must be received on or before 
February 22, 1999. 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 Commission: 
U.S. Nuclear Regulatory Commission; Attention: Rulemakings and 
Adjudications Staff; Washington, D.C. 20555. Copies of comments 
received may be examined or obtained for a fee at the NRC Public 
Document Room, 2120 L Street, NW, Lower Level, Washington, D.C. 
(telephone (202) 634-3273). You may also provide comments via the NRC's 
interactive rulemaking website through the NRC home page (http://
www.nrc.gov). This site provides the availability to upload comments as 
files (any format), if your web browser supports that function. For 
information about the interactive rulemaking website, contact Ms. Carol 
Gallagher, (301) 415-5906; e-mail [email protected]

FOR FURTHER INFORMATION CONTACT: Timothy F. Hagan, Director, Division 
of Contracts and Property Management, Office of Administration, Nuclear 
Regulatory Commission, Washington, D.C. 20555. Telephone: (301) 415-
7305.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Nuclear Regulatory Commission Acquisition Regulations 
(NRCAR) in 48 CFR Chapter 20 implement and supplement the government-
wide Federal Acquisition 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 administration of 
procurements.
    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 requirements, the NRC 
intends to eliminate obsolete coverage and make necessary technical and 
conforming amendments to its policies, procedures, solicitation 
provisions, and contract clauses. The NRC expects that any new 
reporting burden that would be incurred as a result of these changes 
would be offset by elimination of other reporting requirement burdens 
specific to this agency (e.g., pre-award proposal preparation 
requirements).

Summary of Changes

    1. Part 2002--Definitions--This Part would be amended to add 
language designating Task and Delivery Order Ombudsman in accordance 
with FASA requirements.
    2. Part 2003--Improper business practices and personal conflicts of 
interest--This Part would be amended to cite the Office of Government 
Ethics (OGE) regulations covering standards of conduct for federal 
employees rather than the NRC's regulation in this area. The OGE 
regulations were published at 61 FR 66830-66851 (December 18, 1996) and 
took effect on January 17, 1997. The OGE regulations supersede the NRC 
standards of conduct regulations which were previously found in 10 CFR 
Part 0. 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.
    3. Part 2009--Contractor Qualifications--This Part would be amended 
at Sec. 2009.1 ``Responsible prospective contractors''. The language 
under Sec. 2009.100 would be simplified to enhance understanding of the 
NRC's policy covering award of contracts to former NRC employees and 
award of contracts to firms which employ former NRC employees. The 
language would also clarify which procurement actions are considered 
noncompetitive for the purposes of this policy.
    a. The NRC requires information provided under Sec. 2052.209-70 
``Current/Former Agency Employee Involvement'' to ensure that conflict 
of interests are avoided and fairness is maintained during the 
selection process. Section 2052.209-71 ``Contractor Organizational 
Conflicts of Interest (representation)'' is required by statute (42 
U.S.C. Sec. 2221, Sec. 170A of the Atomic Energy Act of 1954, as 
amended). The Certification requirement of both sections, which 
required a high level review within a contractor's organization, would 
be downgraded to a Representation requirement. This action is intended 
to lessen a contractor's reporting burden pursuant to Section 4301 of 
PL 109-106 (FARA).
    4. Part 2009.5--Organizational Conflicts of Interest--This Part 
would be amended to bring the definition of ``Subcontractor'' found in 
Sec. 2009.570-2 into conformance with Section 170A of the Atomic Energy 
Act.
    5. Part 2010--Specifications, Standards, and Other Purchase 
Descriptions--This Part, as well as Sec. 2010.004--Brand name products 
or equal, would be deleted in their entirety. FAR Part 10 is now 
devoted to Market Research. Guidance on the use of brand name products 
is now found under FAR Part 11. FAR Subpart 11.104 describes brand name 
product as ``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 (Sec. 2052.210-70). Some 
restriction on ordering brand name products is evident in FAR 6.302-1 
which requires a sole source justification for such purchases. Also, 
the basis for not providing for maximum practicable competition must 
now be documented in the file when the acquisition is awarded using 
simplified acquisition procedures.
    6. Part 2015--Contracting By Negotiation--This Part would be 
amended in keeping with changes made under the NRC's Procurement 
Reinvention Laboratory. Sections 2015.209-70(b) and Sec. 2052.215-75 
encourage the contracting officer to ask Offerors to submit technical 
and management proposals either by an oral

[[Page 67727]]

presentation or by a written document. Section 2015.209-70(b) further 
clarifies that proposal preparation instructions be tailored to assure 
that all sections of the instructions reflect a one-to-one relationship 
to the evaluation criteria. Section 2015.304 would 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. Section 2015.304 would also encourage the 
contracting officer to use a minimum number of evaluation factors by 
referencing FAR Sec. 15.304(b). This section of the FAR emphasizes that 
evaluation factors and significant subfactors must represent key areas 
of importance and emphasis to be considered in the source selection 
decision.
    7. Part 2016--Types of Contracts--This Part would be amended to 
allow the CO the flexibility to negotiate ceiling rates for indirect 
costs and to streamline the task order technical proposal language.
    8. Part 2032--Contract Financing--Sec. 2032.4--This Part would be 
amended to bring its language in line with FAR Part 32.4 which covers 
advance payments for non-commercial items.
    9. Part 2025--Foreign Acquisition--This Part would be deleted in 
its entirety due to a regulatory change in FAR Part 2025. The NRCAR 
previously required the contracting 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 approved such a 
determination for acquisitions which exeeded $1 million. FAR 
Sec. 25.102 has since been revised to give the contracting officer some 
flexibility in making the nonavailability of US-produced supplies 
determination. FAR Sec. 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 nonavilability determination for 
any circumstance other than what was considered by the contracting 
officer. Due to this regulatory change, NRCAR coverage of foreign 
acquisitions is no longer needed.
    10. Part 2033--Protests, Disputes and Appeals--This Part would be 
amended to clarify agency procedures for responding to agency protests 
and for handling disputes and appeals pursuant to the Contracts Dispute 
Act. This Part would be amended to update the address for the U.S. 
Department of Energy Board of Contract Appeals.
    11. Part 2035 Research and Development Contracting--This Part would 
be amended to give the contracting officer flexibility to choose the 
evaluation criteria which will be used to select contractors under 
Broad Agency Announcements.

Administrative Procedure Act

    Section 553 of the Administrative Procedure Act (5 U.S.C. 551 et 
seq.) exempts rules relating to public contracts from the prior notice 
and comment procedure normally required for informal rulemaking. 
However, the Office of Federal Procurement Policy (OFPP), Office of 
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 
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.
    The NRC has determined that this rule is not significant within the 
meaning of OFPP Policy Letter No. 83-2. This regulation is issued 
principally to combine previously cleared procedures into one document, 
to exercise delegations established by the FAR, and to adopt other 
procedures that will not have a cost or administrative impact on 
contractors.
    While not required to do so under the terms of the OFPP Policy 
Letter 83-2, the NRC is issuing the revised NRC Acquisition Regulation 
(NRCAR) as a proposed rule. The NRC is 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, as proposed, 
as a result of comments received.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this proposed regulation is the type of 
action described in the categorical exclusion set forth in 10 CFR 
51.22(c)(5). Therefore, neither an environmental impact statement nor 
an environmental assessment is required for this proposed rule.

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). This rule has been submitted to the Office of Management and 
Budget for 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 by 3.2 hours per potential 
contractor. This reduction includes the time required for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed and completing and reviewing the 
information collection. The U.S. Nuclear Regulatory Commission is 
seeking public comment on the potential impact of the information 
collections contained in the proposed rule and on the following issues.
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques or other forms of 
information technology?
    Send comments on any aspect of this proposed information 
collection, including suggestions for further reducing the burden, to 
the Records Management Branch (T6 F-33), U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, or by Internet electronic mail 
at [email protected]; and to the Desk Officer, Office of Information and 
Regulatory Affairs, NEOB-10202, (3150-0169), Office of Management and 
Budget, Washington, DC 20503.
    Comments to OMB on the information collections or on the above 
issues should be submitted by January 7, 1999. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given to comments received after this date.

Public Protection Notification

    If an information collection does not display a currently valid OMB 
control number, the NRC may not conduct or sponsor, and a person is not 
required to respond to, the information collection.

Regulatory Analysis

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

[[Page 67728]]

amendments to the regulations necessary to ensure that the regulations 
governing the procurement of goods and services within the NRC 
satisfies the particular needs and requirements of the NRC. This 
proposed rule constitutes an administrative action 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 necessary to reflect the needs of the NRC, the proposed rule 
would allow a contractor or potential contractor to understand more 
clearly the regulations to be used in soliciting, evaluating and 
awarding contracts for the provision of goods and services. This 
constitutes the regulatory analysis for this proposed rule.

Regulatory Flexibility Certification

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

Backfit Analysis

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

List of Subjects

 48 CFR Parts 2001, 2002, 2003, 2004, and 2005

    Government procurement, Nuclear Regulatory Commission Acquisition 
Regulations.

 48 CFR Part 2009

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

48 CFR Parts 2011 and 2013

    Government procurement, Nuclear Regulatory Commission Acquisition 
Regulations.

48 CFR Parts 2014 and 2015

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

48 CFR Parts 2016 and 2017

    Government procurement, Nuclear Regulatory Commission Acquisition 
Regulations.

48 CFR Part 2019

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

48 CFR Parts 2022 and 2024

    Government procurement, Nuclear Regulatory Commission Acquisition 
Regulations.

48 CFR Part 2027

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

48 CFR Parts 2030, 2031, 2032, 2033, and 2035

    Government procurement, Nuclear Regulatory Commission Acquisition 
Regulations.

48 CFR Part 2042

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

48 CFR Part 2045

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

48 CFR Part 2052

    Government procurement, Nuclear Regulatory Commission Acquisition 
Regulations, Reporting and record-keeping requirements.
    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. 553, and FAR Subpart 1.3, the NRC is 
proposing to revise Chapter 20 to Title 48 of the Code of Federal 
Regulations in its entirety to read as follows:

CHAPTER 20--NUCLEAR REGULATORY COMMISSION

SUBCHAPTER A--GENERAL

PART 2001--NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATION 
SYSTEM

Subpart 2001.1--Purpose, Authority, Issuance

Sec.
2001.101  Purpose.
2001.102  Authority.
2001.103  Applicability.
2001.104  Issuance.
2001.104-1  Publication and code arrangement.
2001.104-2  Arrangement of the regulations.
2001.104-3  Copies.
2001.105  Information collection requirements: OMB approval.

Subpart 2001.3--Agency Acquisition Regulations

2001.301  Policy.
2001.303  Public participation.

Subpart 2001.4--Deviations From the FAR and the NRCAR

2001.402  Policy.
2001.403  Individual deviations.
2001.404  Class deviations.

Subpart 2001.6--Contracting Authority and Responsibilities

2001.600-70  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 amended (42 U.S.C. 5841; 41 U.S.C. 
418(b)).

Subpart 2001.1--Purpose, Authority, Issuance


2001.101  Purpose.

    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 
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 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

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


2001.103  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.


2001.104  Issuance.


2001.104-1  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.


2001.104-2  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 part, subpart and section 
titles used in this Chapter 20 conform with those used in the FAR as 
follows:
    (1) Where Chapter 20 implements the FAR or supplements a parallel 
part, subpart, section, subsection, or paragraph of the FAR, that 
implementation or supplementation is numbered and captioned to the FAR 
part, subpart, section, or subsection being implemented or 
supplemented, except that the implementation or supplementation is 
preceded with a 20 or 200 so that there will always be four numbers to 
the left of the decimal. For example, NRC's implementation of FAR 
1.104-1 is shown as 2001.104-1 and the NRC's implementation of FAR 24.1 
is shown as 2024.1.
    (2) When NRC supplements material contained in the FAR, it is given 
a unique number containing the numerals ``70'' or higher. The rest of 
the number parallels the FAR part, subpart, section, subsection, or 
paragraph it is supplementing. For example, Section 170A of the Atomic 
Energy Act of 1954, as amended, requires a more comprehensive 
organizational conflict of interest review for NRC than is contemplated 
by FAR 9.5. This supplementary material is identified as 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 2001.104-2(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 1-104.


2001.104-3  Copies.

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


2001.105  Information collection requirements: OMB approval.

    (a) The Nuclear Regulatory Commission has submitted the information 
collection requirements contained in this part to the Office of 
Management and Budget (OMB) for approval as required by the Paperwork 
Reduction Act (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 sections 2009.570-3, 2009.570-5, 2009.570-8, 2014.201-670, 
2027.305-3, 2042.570-1, 2042.803, 2045.371, 2052.204-70, 2052.204-71, 
2052.209-70, 2052.209-71, 2052.209-72, 2052.211-70, 2052.211-71, 
2052.211-72, 2052.211-72 Alternate 1, 2052.214-71, 2052.214-72, 
2052.214-74, 2052.215-70, 2052.215-71, 2052.215-74, 2052.215-75, 
2052.215-75 Alternate 1, 2052.215-75 Alternate 2, 2052.215-78, 
2052.216-72, 2052.227-70, 2052.235-70, 2052.235-71, 2052.242-70, and 
2052.242-71.
    (c) This part contains information collection requirements in 
addition to those approved under the control number specified in 
paragraph (a) of this section. These information collection 
requirements and control numbers under which they are approved are as 
follows:
    (1) In 2052.215-77(a) and 2052.215-78(b), NRC Form 445 is approved 
under control number 3150 **to be assigned**.
    (2) [Reserved]

Subpart 2001.3--Agency Acquisition Regulations


2001.301  Policy.

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


2001.303  Public participation.

    FAR 1.301 and Section 22 of the Office of Federal Procurement 
Policy Act, as amended (41 U.S.C. 418b) require rulemaking for 
substantive acquisition rules, but allow discretion in the matter for 
other than significant issues meeting the stated criteria. Accordingly, 
the NRCAR has been promulgated and may be revised from time to time in 
accordance with FAR 1.301. This procedure for significant subject 
matter generally involves issuing a notice of proposed rulemaking, 
inviting public comment, review and analysis of comments received, and 
publication of a final rule. The final rule includes a discussion of 
the public comments received and describes any changes made as a result 
of the comments.

Subpart 2001.4--Deviations From the FAR and the NRCAR


2001.402  Policy.

    (a) Deviations from the provisions of the FAR or NRCAR may be 
granted as specified in this subpart when necessary to meet the 
specific needs of the requesting office. The development and testing of 
new techniques and methods of acquisition should not be discouraged 
simply because such action would require a FAR or NRCAR deviation.
    (b) Requests for authority to deviate from the provisions of the 
FAR or the NRCAR must be signed by the requesting office and submitted 
to the Director, Division of Contracts and Property Management, in 
writing as far in advance as possible. Each request for deviation must 
contain the following:
    (1) A statement of the deviation desired, including identification 
of the specific paragraph number(s) of the FAR or NRCAR from which a 
deviation is requested;

[[Page 67730]]

    (2) The reason why the deviation is considered necessary or would 
be in the best interest of the Government;
    (3) If applicable, the name of the contractor and identification of 
the contract affected;
    (4) A description of the intended effect of the deviation;
    (5) A statement of the period of time for which the deviation is 
needed; and
    (6) Any pertinent background information which will contribute to a 
full understanding of the desired deviation.


2001.403  Individual deviations.

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


2001.404  Class deviations.

    Class deviations affect more than one contracting action. Where 
deviations from the FAR or NRCAR are considered necessary for classes 
of contracts, requests for authority to deviate must be submitted in 
writing to the Director, Division of Contracts and Property Management, 
who will consider the submission jointly with the Chairperson of the 
Civilian Agency Acquisition Council, as appropriate.

Subpart 2001.6--Contracting Authority and Responsibilities


2001.600-70  Scope of subpart.

    This subpart deals with the placement of contracting authority and 
responsibility within the agency, the selection and designation of 
contracting officers, and the authority of contracting officers.


2001.601  General.

    (a) Contracting authority vests in the Chairman. The Chairman has 
delegated this authority to the Executive Director for Operations 
(EDO). The EDO has delegated this authority to the Deputy Executive 
Director for Management Services (DEDM). The DEDM has delegated this 
authority to the Director, Office of Administration (ADM). The 
Director, ADM, has delegated the authority to the Director, Division of 
Contracts and Property Management, who, in turn, makes contracting 
officer appointments within the Headquarters and the Regional Offices. 
All of the above delegations are formal written delegations containing 
dollar limitations and conditions.
    (b) The Director, Division of Contracts Division of Contracts and 
Property Management, establishes contracting policy throughout the 
agency; monitors the overall effectiveness and efficiency of the 
agency's contracting office; establishes controls to assure compliance 
with laws, regulations, and procedures; and delegates contracting 
officer authority.


2001.602-3  Ratification of unauthorized commitments.

    (a) The Government is not bound by agreements or contractual 
commitments made to prospective contractors by persons to whom 
contracting authority has not been delegated. Any unauthorized 
commitment may be in violation of the Federal Property and 
Administrative Services Act, other Federal laws, the FAR, the NRCAR, 
and good acquisition practice. Certain requirements of law and 
regulation necessary for the proper establishment of a contractual 
obligation may not be met under an unauthorized commitment; for 
example, the certification of the availability of funds, justification 
for other than full and open competition, competition of sources, 
determination of contractor responsibility, certification of current 
pricing data, price/cost analysis, administrative approvals, and 
negotiation of appropriate contract clauses.
    (b) The execution of otherwise proper contracts made by individuals 
without contracting authority, or by contracting officers in excess of 
the limits of their delegated authority, may later be ratified. To be 
effective, the ratification must be in the form of a written 
procurement document 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. The 
Competition Advocate shall approve all ratification actions exceeding 
$2,500 subsequent to the review 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:
    (1) The Designating Official, responsible for the office request, 
shall furnish the contracting officer all records and documents 
concerning the commitment and a complete written statement of facts, 
including, but not limited to:
    (i) A written statement consistent with the complexity and size of 
the action as to why the contracting office was not used including the 
name of the employee who made the commitment;
    (ii) A statement as to why the proposed contractor was selected;
    (iii) A list of other sources considered;
    (iv) A description of work performed, or to be performed, or 
products to be furnished;
    (v) The estimated or agreed upon contract price;
    (vi) A certification of the appropriated funds available;
    (vii) A description of how unauthorized commitments in similar 
circumstances will be avoided in the future.
    (2) The contracting officer shall review the written statement of 
facts for a determination of approval of all actions valued at $2,500 
or less. For actions greater than $2,500, the contracting officer shall 
forward the written statement of facts to the Competition Advocate 
through the Director, Division of Contracts and Property Management 
with any comments or information that should be considered in 
evaluating the request for ratification.
    (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.


2001.603  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))

PART 2002--DEFINITIONS

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

[[Page 67731]]

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 chapter and the FAR. 
This delegation does not extend to internal NRC requirements such as 
clearance levels and Commission papers which specify higher levels of 
authority.
    Commission means the NRC Commission of five members, or a quorum 
thereof, sitting as a body, as provided by Section 201 of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841).
    Competition Advocate means the individual appointed as such by the 
Agency Head as required by Pub. L.
98-369. The Director, Office of Administration, has been appointed the 
Competition Advocate for the NRC.
    Head of the Contracting Activity means the Director, Division of 
Contracts and Property Management.
    Senior Procurement Executive means the individual appointed as such 
by the Agency Head pursuant to Executive Order 12352. The Deputy 
Executive Director for Management Services, has been appointed the NRC 
Senior Procurement Executive.
    Simplified acquisitions means those acquisition conducted using the 
methods, policies and procedures of FAR Part 13 for making purchases of 
supplies or services.
    Task and Delivery Order Ombudsman means the Director, Office of 
Administration, or designee pursuant to Section 1004(a) of Pub. L. 103-
355, the Federal Acquisition Streamlining Act.

PART 2003--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

Subpart 2003.1--Safeguards

Sec.
2003.101-3  Agency regulations.

Subpart 2003.2--Contractor Gratuities to Government Personnel

Sec.
2003.203  Reporting of suspected violation of the gratuities clause.

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

Subpart 2003.1--Safeguards


2003.101-3  Agency regulations.

    Standards of conduct for federal employees are published in 5 CFR 
Parts 2635 and 5801. Requirements for financial disclosure are 
published in 5 CFR Part 2634.

Subpart 2003.2--Contractor 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.
    (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.

PART 2004--ADMINISTRATIVE MATTERS

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

Subpart 2004.4--Safeguarding Classified Information Within Industry


2004.404  Contract clauses.

    (a) The contracting officer shall insert the clause at 
Sec. 2052.204-70 Security, in all solicitations and contracts under 
which the contractor may have access to, or contact with, classified 
information, including National Security information, restricted data, 
formerly restricted data, and other classified data.
    (b) The contracting officer shall insert the clause Sec. 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 foreign nationals.

SUBCHAPTER B--COMPETITION AND ACQUISITION PLANNING

Part 2005--PUBLICIZING CONTRACT ACTIONS

    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.).

Subpart 2005.5--Paid Advertisements


2005.502  Authority.

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

Part 2009--CONTRACTOR QUALIFICATIONS

Subpart 2009.1--Responsible Prospective Contractors

Sec.
2009.100  NRC policy.
2009.105-70  Contract provisions.

Subpart 2009.4--Debarment, Suspension, and Ineligibility

Sec.
2009.403  Definitions.
2009.404  Consolidated lists of parties excluded from Federal 
procurement or non-procurement programs.
2009.405  Effect of listing.
2009.405-1  Continuation of current contracts.
2009.405-2  Restrictions on subcontracting.
2009.406  Debarment.
2009.406-3  Procedures.
2009.407  Suspension.
2009.407-3  Procedures.
2009-470  Appeals.

Subpart 2009.5--Organizational Conflicts of Interest

Sec.
2009.500  Scope of subpart.
2009.570  NRC organizational conflicts of interest.
2009.570-1  Scope of policy.
2009.570-2  Definitions.
2009.570-3  Criteria for recognizing contractor organizational 
conflicts of interest.
2009.570-4  Representation.
2009.570-5  Contract clauses.   
2009.570-6  Evaluation, findings, and contract award.
2009.570-7  Conflicts identified after award.
2009.570-8  Subcontracts.
2009.570-9  Waiver.
2009.570-10  Remedies.

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

Subpart 2009.1--Responsible Prospective Contractors


2009.100  NRC policy.

    (a) It is NRC policy that only competitively awarded contracts 
shall be placed with an individual who was employed by the NRC within 
two years from the date of the Request for Procurement Action. This 
policy also pertains to any firm in which the former NRC employee is a 
partner, principal officer, majority stockholder, principal 
investigator, project manager, principal under the contract, a person 
who performs more than a nominal amount of the work under the NRC 
Statement of Work, or the firm is otherwise controlled or predominately 
staffed by former NRC employees.

[[Page 67732]]

    (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 as experts, advisors, consultants, or 
members of advisory committees, if--
    (1) The contract arises directly out of the individual's activity 
as a special employee;
    (2) The individual is in a position to influence the award of the 
contract; or
    (3) The Contracting Officer determines that another conflict of 
interest exists.
    (d) A justification explaining why it is in the best interest of 
the Government to contract with an individual or firm described in 
paragraphs (a) and (b) of this section on a noncompetitive basis may be 
approved by the Senior Procurement Executive after consulting with the 
Executive Director 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.
    (e) Nothing in this policy statement shall be construed as 
relieving former employees from obligations prescribed by law, such as 
18 U.S.C. 207, Restrictions on Former Officers, Employees, and Elected 
Officials of the Executive and Legislative Branches.


2009.105-70  Contract provisions.

    The contracting officer shall insert the following provisions in 
all solicitations:
    (a) Section 2052.209-70 Current/Former Agency Employee Involvement.

Subpart 2009.4--Debarment, Suspension, and Ineligibility


2009.403  Definitions.

    As used in 2009.4:
    Debarring official means the Senior Procurement Executive.
    Suspending official means the Senior Procurement Executive.


2009.404  Consolidated list of parties excluded from Federal 
procurement or non-procurement programs.

    The contracting officer responsible for the contract affected by 
the debarment or suspension shall perform the actions required by FAR 
9.404(c)(1)-(6).


2009.405  Effect of listing.

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


2009.405-1  Continuation of current contracts.

    The Head of the Contracting Activity is authorized to make the 
determination to continue contracts or subcontracts in existence at the 
time the contractor was debarred, suspended, or proposed for debarment 
in accordance with FAR 9.405-1.


2009.405-2  Restrictions on subcontracting.

    The Head of the Contracting Activity is authorized to approve 
subcontracts with debarred or suspended subcontractors under FAR 9.405-
2.


2009.406  Debarment.


2009.406-3  Procedures.

    (a) Investigation and referral. When a contracting officer becomes 
aware of possible irregularities or any information which may be 
sufficient cause for debarment, the case must be referred from the Head 
of the Contracting Activity, through the Director, Office of 
Administration, to the Senior Procurement Executive immediately. The 
case must be accompanied by a complete statement of the facts 
(including a copy of any criminal indictments, if applicable) along 
with a recommendation for action. Where the statement of facts 
indicates the irregularities to be possible criminal offenses, or for 
any other reason further investigation is considered necessary, the 
matter must first be referred to the Head of the Contracting Activity 
who will consult with the Office of the Inspector General to determine 
if further investigation is required prior to referring to the 
debarring official.
    (b) Decision-making process. If, after reviewing the 
recommendations and consulting with the Office of the General Counsel 
and, if appropriate, the Office of the Inspector General, the debarring 
official determines debarment is justified, the debarring official 
shall initiate the proposed debarment in accordance with FAR 9.406-3(c) 
and notify the Head of the Contracting Activity of the action taken. If 
the contractor fails to submit a timely written response within 30 days 
after receipt of the notice in accordance with FAR 9.406-3(c)(4), the 
debarring official may notify the contractor in accordance with FAR 
9.406-3(d) that the contractor is debarred.
    (c) Fact-finding proceedings. For actions listed under FAR 9.406-
3(b)(2), the contractor shall be given the opportunity to appear at an 
informal hearing. The hearing should be held at a location and time 
that is convenient to the parties concerned, and no later than 30 days 
after the contractor received the notice, if at all possible. The 
contractor and any specifically named affiliates may be represented by 
counsel or any duly authorized representative. Witnesses may be called 
by either party. The proceedings must be conducted expeditiously and in 
such a manner that each party will have an opportunity to present all 
information considered pertinent to the proposed debarment.


2009.407  Suspension.


2009.407-3  Procedures.

    (a) Investigation and referral. When a contracting officer becomes 
aware of possible irregularities or any information which may be 
sufficient cause for suspension, the case must be referred from the 
Head of the Contracting Activity, through the Director, Office of 
Administration, to the Senior Procurement Executive immediately. The 
case must be accompanied by a complete statement of the facts along 
with a recommendation for action. Where the statement of facts 
indicates the irregularities to be possible criminal offenses, or for 
any other reason further investigation is considered necessary, the 
matter must first be referred to the Head of the Contracting Activity 
who will consult with the Office of the Inspector General to determine 
if further investigation is required prior to referring the matter to 
the suspending official.
    (b) Decision-making process. If, after reviewing the 
recommendations and consulting with the Office of the General Counsel, 
and if appropriate, the Office of the Inspector General, the suspending 
official determines suspension is justified, the suspending official 
shall initiate the proposed suspension in accordance with FAR 9.407-
3(b)(2). The contractor shall be given the opportunity to appear at an 
informal hearing, similar in nature to the hearing for debarments as 
discussed in FAR 9.406-3(b)(2). If the contractor fails to submit a 
timely written response within 30 days after receipt of the notice in 
accordance with FAR 9.407-3(c)(5),

[[Page 67733]]

the suspending official may notify the contractor in accordance with 
FAR 9.407-3(d) that the contractor is suspended.


2009.470  Appeals.

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

Subpart 2009.5--Organizational Conflicts of Interest


2009.500  Scope of subpart.

    In accordance with 42 U.S.C. 2210a., NRC acquisitions are processed 
in accordance with 2009.570, which takes precedence over FAR 9.5 with 
respect to organizational conflicts of interest. Where non-conflicting 
guidance appears in FAR 9.5, that guidance must be followed.


2009.570  NRC organizational conflicts of interest.


2009.570-1  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 requiring all prospective contractors to submit 
information describing relationships, if any, with organizations or 
persons (including those regulated by the NRC) which may give rise to 
actual or potential conflicts of interest in the event of contract 
award.
    (b) Contractor conflict of interest determinations cannot be made 
automatically or routinely. The application of sound judgment on 
virtually a case-by-case basis is necessary if the policy is to be 
applied to satisfy the overall public interest. It is not possible to 
prescribe in advance a specific method or set of criteria which would 
serve to identify and resolve all of the contractor conflict of 
interest situations that might arise. However, examples are provided in 
this chapter to guide application of this policy guidance. The ultimate 
test is as follows: Might the contractor, if awarded the contract, be 
placed in a position where its judgment may be biased, or where it may 
have an unfair competitive advantage?
    (c) The conflict of interest rule contained in this subpart applies 
to contractors and offerors only. Individuals or firms who have other 
relationships with the NRC (e.g., parties to a licensing proceeding) 
are not covered by this regulation. This rule does not apply to the 
acquisition of consulting services through the personnel appointment 
process, NRC agreements with other Government agencies, international 
organizations, or state, local, or foreign Governments. Separate 
procedures for avoiding conflicts of interest will be employed in these 
agreements, as appropriate.


2009.570-2  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.
    Contract means any contractual agreement or other arrangement with 
the NRC except as provided in Sec. 2009.570-1(c).
    Contractor means any person, firm, unincorporated association, 
joint venture, co-sponsor, partnership, corporation, affiliates 
thereof, or their successors in interest, including their chief 
executives, directors, key personnel (identified in the contract), 
proposed consultants or subcontractors, which are a party to a contract 
with the NRC.
    Evaluation activities means any effort involving the appraisal of a 
technology, process, product, or policy.
    Offeror or prospective 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.
    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 which:
    (1) May diminish its capacity to give impartial, technically sound, 
objective assistance and advice, or may otherwise result in a biased 
work product; or
    (2) May result in its being given an unfair competitive advantage.
    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 reported to the contracting officer for investigation 
if they arise during contract performance.
    Research means any scientific or technical work involving 
theoretical analysis, exploration, or experimentation.
    Subcontractor means any subcontractor of any tier who performs work 
under a contract with the NRC except subcontracts for supplies and 
subcontracts in amounts not exceeding $10,000.
    Technical consulting and management support services means internal 
assistance to a component of the NRC in the formulation or 
administration of its programs, projects, or policies which normally 
require that the contractor be given access to proprietary information 
or to information that has not been made available to the public. These 
services typically include assistance in the preparation of program 
plans, preliminary designs, specifications, or statements of work.


2009.570-3  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 business 
judgment based upon the relevant facts. While it is difficult to 
identify and to prescribe in advance a specific method for avoiding all 
of the various situations or relationships that might involve potential 
organizational conflicts of interest, NRC personnel will pay particular 
attention to proposed contractual requirements that call for the 
rendering of advice, consultation or evaluation activities, or similar 
activities that directly lay the groundwork for the NRC's decisions on 
regulatory activities, future procurements, and research programs. Any 
work performed at an applicant or licensee site will also be closely 
scrutinized by the NRC staff.
    (b) Situations or relationships. The following situations or 
relationships

[[Page 67734]]

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.
    (iv) Where the award of a contract would result in placing the 
offeror or contractor in a conflicting role in which its judgment may 
be biased in relation to its work for the NRC, or would result in an 
unfair competitive advantage for the offeror or contractor.
    (v) Where the offeror or contractor solicits or performs work at an 
applicant or licensee site while performing work in the same technical 
area for the NRC at the same site.
    (2) The contracting officer may request specific information from 
an offeror or contractor or may require special contract clauses such 
as provided in Sec. 2009.570-5(b) in the following circumstances:
    (i) Where the offeror or contractor prepares specifications that 
are to be used in competitive procurements of products or services 
covered by the specifications.
    (ii) Where the offeror or contractor prepares plans for specific 
approaches or methodologies that are to be incorporated into 
competitive procurements using the approaches or methodologies.
    (iii) Where the offeror or contractor is granted access to 
information not available to the public concerning NRC plans, policies, 
or programs that could form the basis for a later procurement action.
    (iv) Where the offeror or contractor is granted access to 
proprietary information of its competitors.
    (v) Where the award of a contract might result in placing the 
offeror or contractor in a conflicting role in which its judgment may 
be biased in relation to its work for the NRC or might result in an 
unfair competitive advantage for the offeror or contractor.
    (c) Policy application guidance. The following examples are 
illustrative only and are not intended to identify and resolve all 
contractor organizational conflict of interest situations.
    (1)(i) Example. The ABC Corp., in response to a Request For 
Proposal (RFP), proposes to undertake certain analyses of a reactor 
component as called for in the RFP. The ABC Corp. is one of several 
companies considered to be technically well qualified. In response to 
the inquiry in the RFP, the ABC Corp. advises that it is currently 
performing similar analyses for the reactor manufacturer.
    (ii) Guidance. An NRC contract for that particular work normally 
would not be awarded to the ABC Corp. because the company would be 
placed in a position in which its judgment could be biased in 
relationship to its work for the NRC. Because there are other well-
qualified companies available, there would be no reason for considering 
a waiver of the policy.
    (2)(i) Example. The ABC Corp., in response to an RFP, proposes to 
perform certain analyses of a reactor component that is unique to one 
type of advanced reactor. As is the case with other technically 
qualified companies responding to the RFP, the ABC Corp. is performing 
various projects for several different utility clients. None of the ABC 
Corp. projects have any relationship to the work called for in the RFP. 
Based on the NRC evaluation, the ABC Corp. is considered to be the best 
qualified company to perform the work outlined in the RFP.
    (ii) Guidance. An NRC contract normally could be awarded to the ABC 
Corp. because no conflict of interest exists which could motivate bias 
with respect to the work. An appropriate clause would be included in 
the contract to preclude the ABC Corp. from subsequently contracting 
for work with the private sector that could create a conflict during 
the performance of the NRC contract. For example, ABC Corp. would be 
precluded from the performance of similar work for the company 
developing the advanced reactor mentioned in the example.
    (3)(i) Example. The ABC Corp., in response to a competitive RFP, 
submits a proposal to assist the NRC in revising NRC's guidance 
documents on the respiratory protection requirements of 10 CFR Part 20. 
ABC Corp. is the only firm determined to be technically acceptable. ABC 
Corp. has performed substantial work for regulated utilities in the 
past and is expected to continue similar efforts in the future. The 
work has and will cover the writing, implementation, and administration 
of compliance respiratory protection programs for nuclear power plants.
    (ii) Guidance. This situation would place the firm in a role where 
its judgment could be biased in relationship to its work for the NRC. 
Because the nature of the required work is vitally important in terms 
of the NRC's responsibilities and no reasonable alternative exists, a 
waiver of the policy, in accordance with 2009.570-9 may be warranted. 
Any waiver must be fully documented in accordance with the waiver 
provisions of this policy with particular attention to the 
establishment of protective mechanisms to guard against bias.
    (4)(i) Example. The ABC Corp. submits a proposal for a new system 
to evaluate a specific reactor component's performance for the purpose 
of developing standards that are important to the NRC program. The ABC 
Corp. has advised the NRC that it intends to sell the new system to 
industry once its practicability has been demonstrated. Other companies 
in this business are using older systems for evaluation of the specific 
reactor component.
    (ii) Guidance. A contract could be awarded to the ABC Corp. if the 
contract stipulates that no information produced under the contract 
will be used in the contractor's private activities unless this 
information has been reported to the NRC. Data on how the reactor 
component performs, which is reported to the NRC by contractors, will 
normally be disseminated by the NRC to others to preclude an unfair 
competitive advantage. When the NRC furnishes information about the 
reactor component to the contractor for the performance of contracted 
work, the information may not be used in the contractor's private 
activities unless the information is generally available to others. 
Further, the contract will stipulate that the contractor will inform 
the NRC contracting officer of all situations in which the information, 
developed about the performance of the reactor component under the 
contract, is proposed to be used.
    (5)(i) Example. The ABC Corp., in response to a RFP, proposes to 
assemble a map showing certain seismological features of the 
Appalachian fold belt. In accordance with the representation in the RFP 
and 2009.570-3(b)(1)(i), ABC Corp. informs the NRC that it is presently 
doing seismological studies

[[Page 67735]]

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 of interest 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 pro viding the same or similar services required under the 
NRC's contract for an applicant or licensee.
    (ii) Guidance. An NRC contract for that particular work would not 
be awarded to the ABC Corp. The AD Division could be placed in a 
position to pass judgment on work performed by the BC Division, which 
could bias its work for NRC. Further, the Conflict of Interest 
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) Example. The ABC Corp. completes an analysis for NRC of 
steam generator tube leaks at one of a utility's six sites. Three 
months later, ABC Corp. is asked by this utility to perform the same 
analysis at another of its sites.
    (ii) Guidance. Section 2052.290-72(c)(3) would prohibit the 
contractor from beginning this work for the utility until one year 
after completion of the NRC work at the first site.
    (8)(i) Example. ABC Corp. is assisting NRC in a major on-site 
analysis of a utility's redesign of the common areas between its twin 
reactors. The contract is for two years with an estimated value of $5 
million. Near the completion of the NRC work, ABC Corp. requests 
authority to solicit for a $100K contract with the same utility to 
trans port spent fuel to a disposal site. ABC Corp. is performing no 
other work for the utility.
    (ii) Guidance. The Contracting Officer would allow the contractor 
to proceed with the solicitation because it is not in the same 
technical area as the NRC work; and the potential for technical bias by 
the contractor because of financial ties to the utility is slight due 
to the relative value of the two contracts.
    (9)(i) Example. The ABC Corp. is constructing a turbine building 
and installing new turbines at a reactor site. The contract with the 
utility is for five years and has a total value of $100 million. ABC 
Corp. has responded to an NRC Request For Proposal requiring the 
contractor to participate in a major team inspection unrelated to the 
turbine work at the same site. The estimated value of the contract is 
$75K.
    (ii) Guidance. An NRC contract would not normally be awarded to ABC 
Corp. since these factors create the potential for financial loyalty to 
the utility that may bias the technical judgment of the contractor.
    (d) Other considerations. (1) The fact that the NRC can identify 
and later avoid, eliminate, or neutralize any potential organizational 
conflicts arising from the performance of a contract is not relevant to 
a determination of the existence of conflicts prior to the award of a 
contract.
    (2) It is not relevant that the contractor has the professional 
reputation of being able to resist temptations which arise from 
organizational conflicts of interest, or that a follow-on procurement 
is not involved, or that a contract is awarded on a competitive or a 
sole source basis.


2009.570-4  Representation.

    (a) The following procedures are designed to assist the NRC 
contracting officer in determining whether situations or relationships 
exist which may constitute organizational conflicts of interest with 
respect to a particular offeror or contractor. The procedures apply to 
small purchases meeting the criteria stated in the following paragraph 
(b) of this section.
    (b) The organizational conflicts of interest 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 
modifications for new work for:
    (1) Evaluation services or activities;
    (2) Technical consulting and management support services;
    (3) Research; and
    (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.
    (c) The offeror may, because of actual or potential organizational 
conflicts of interest, propose to exclude specific kinds of work 
contained in a RFP unless the RFP specifically prohibits the exclusion. 
Any such proposed exclusion by an offeror will be considered by the NRC 
in the evaluation of proposals. If the NRC considers the proposed 
excluded work to be an essential or integral part of the required work 
and its exclusion would be to the detriment of the competitive posture 
of the other offerors, the NRC shall reject the proposal as 
unacceptable.
    (d) The offeror's failure to execute the representation required by 
paragraph (b) of this section with respect to an invitation for bids is 
considered to be a minor informality. The offeror will be permitted to 
correct the omission.


2009.570-5  Contract clauses.

    (a) General contract clause. All contracts and simplified 
acquisitions of the types set forth in 2009.570-4(b) must include the 
clause entitled, ``Contractor Organizational Conflicts of Interest,'' 
set forth in 2052.209-72.
    (b) Other special contract clauses. If it is determined from the 
nature of the proposed contract that an organizational conflict of 
interest exists, the contracting officer may determine that the 
conflict can be avoided, or, after obtaining a waiver in accordance 
with 2009.570-9, neutralized through the use of an appropriate special 
contract clause. If appropriate, the offeror may negotiate the terms 
and conditions of these clauses, including the extent and time period 
of any restriction. These clauses include but are not limited to:
    (1) Hardware exclusion clauses which prohibit the acceptance of 
production contracts following a related non-production contract 
previously performed by the contractor;
    (2) Software exclusion clauses;
    (3) Clauses which require the contractor (and certain of its key 
personnel) to avoid certain organizational conflicts of interest; and
    (4) Clauses which provide for protection of confidential data and 
guard against its unauthorized use.


2009.570-6  Evaluation, findings, and contract award.

    The contracting officer shall evaluate all relevant facts submitted 
by an offeror and other relevant information. After evaluating this 
information against the

[[Page 67736]]

criteria of 2009.570-3, the contracting officer shall make a finding of 
whether organizational conflicts of interest exist with respect to a 
particular offeror. If it has been determined that real or potential 
conflicts of interest exist, the contracting officer shall:
    (a) Disqualify the offeror from award;
    (b) Avoid or eliminate such conflicts by appropriate measures; or
    (c) Award the contract under the waiver provision of 2009.570-9.


2009.570-7  Conflicts identified after award.

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


2009.570-8  Subcontracts.

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


2009.570-9  Waiver.

    (a) The contracting officer determines the need to seek a waiver 
for specific contract awards, with the advice and concurrence of the 
program office director and legal counsel. Upon the recommendation of 
the Senior Procurement Executive, and after consultation with legal 
counsel, the Executive Director for Operations may waive the policy in 
specific cases if he determines that it is in the best interest of the 
United States to do so.
    (b) Waiver action is strictly limited to those situations in which:
    (1) The work to be performed under contract is vital to the NRC 
program.
    (2) The work cannot be satisfactorily performed except by a 
contractor whose interests give rise to a question of conflict of 
interest.
    (3) Contractual and/or technical review and surveillance methods 
can be employed by the NRC to neutralize the conflict.
    (c) For any waivers, the justification and approval documents must 
be placed in the NRC Public Document Room.


2009.570-10  Remedies.

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

PART 2011--DESCRIBING AGENCY NEEDS

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

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 2052.211-71 
Technical Progress Report, in all solicitations and contracts except--
    (1) Firm fixed price; or
    (2) Indefinite-delivery contracts to be awarded on a time-and-
materials or labor-hour basis, or which provide for issuance of 
delivery orders for specific products/services (line items).
    (c) The contracting officer shall insert the clause at 2052.211-72 
Financial Status Report, in applicable cost reimbursement solicitations 
and contracts when detailed assessment of costs is warranted and a 
Contractor Spending Plan is required; use the clause at 2052.2211-72 
Financial Status Report--Alternate 1 when no Contractor Spending Plan 
is required.
    (d) The contracting officer may alter clauses 2052.211-70, 
2052.211-71, and 2052.211-72 Alternate 1 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 solicitation amendment.

SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES

PART 2013--SIMPLIFIED ACQUISITION PROCEDURES [RESERVED]

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

PART 2014--SEALED BIDDING

Subpart 2014.2--Solicitation of Bids

Sec.
2014.201  Preparation of invitation for bids.
2014.201-670  Solicitation provisions.

Subpart 2014.4--Opening of Bids and Award of Contract

2014.407  Mistakes in bids.
2014.407-3  Other mistakes disclosed before award.

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

Subpart 2014.2--Solicitation of Bids


2014.201  Preparation of invitation for bids.


2014.201-670  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.
    (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 at 2052.214-
72 Bid Evaluation in all IFBs. Paragraph (f) of this provision is 
optional.
    (d) The contracting officer shall insert the provision of 2052.214-
73 Timely Receipt of Bids in all IFBs.
    (e) The contracting officer shall insert the provision at 2052.214-
74 Disposition of Bids in all IFBs.

Subpart 2014.4--Opening of Bids and Award of Contract


2014.407  Mistakes in bids.


2014.407-3  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.


2014.407-4  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.

[[Page 67737]]

PART 2015--CONTRACTING BY NEGOTIATION

Subpart 2015.2--Solicitation and Receipt of Proposals and Information

Sec.
2015.209-70  Solicitation provisions and contract clause

Subpart 2015.3--Source Selection

2015.300  Scope of part.
2015.303  Responsibilities.
2015.304  Evaluation factors.
2015.305  Proposal evaluation.

Subpart 2015.6--Unsolicited Proposals

2015.606  Agency procedures.
2015.606-1  Receipt and initial review.

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

Supart 2015.2--Solicitation and Receipt of Proposals and 
Information


2015.209-70  Solicitation provisions and contract clauses.

    (a) The contracting officer shall insert in solicitations and 
contracts the following clauses as applicable to the requirement:
    (1) Section 2052.215-70, Key Personnel in applicable solicitations 
and contracts;
    (2)(i) Section 2052.215-71, Project Officer Authority in applicable 
solicitations and contracts for cost-reimbursement, cost-plus-fixed-
fee, cost-plus-award-fee, cost sharing, labor-hour or time-and-
materials, including task order contracts. This clause and the 
following Alternate clauses are intended for experienced, trained 
project officers, and may be altered to delete duties where 
appropriate:
    (ii) Section 2052.215-71 Alternate 1. For solicitations for 
issuance of delivery orders for specific products/services;
    (iii) Section 2052.215-71 Alternate 2. For solicitations for firm 
fixed price contracts, with paragraph (b)(1) of Alternate 1 deleted and 
the remainder of the clause renumbered.
    (3) The contracting officer shall insert the provision at 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:
    (1) Section 2052.215-75, Proposal Presentation and Format for 
negotiated procurements for cost type contracts;
    (2) Section 2052.215-75 Alternate 1 may be used for all 
solicitations for negotiated task order contracts;
    (3) Section 2015.215-75 Alternate 2 may be used for all 
solicitations for negotiated fixed price, labor hour, or time and 
materials contracts:
    (c) The contracting officer shall insert the provision at 2052.215-
76, PreProposal Conference, in solicitations which include a 
PreProposal conference. This provision may be altered to fit the 
circumstances of the requirement.
    (d) The contracting officer shall insert the following clauses in 
solicitations and contracts as applicable:
    (1) Section 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 the NRC 30 
days in advance of the travel date.
    (2) Section 2052.215-78, Travel Approvals and Reimbursement--
Alternate 1, shall be inserted in cost reimbursement solicitations and 
contracts which include a ceiling amount on travel. Note that requests 
for foreign travel must be submitted to the NRC 30 days in advance of 
the travel.
    (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 criteria and bench marking criteria for 
Information Technology (IT) procurements:
    (1) Section 2052.215-79 Contract Award and Evaluation of Proposals, 
shall be included in all solicitations where technical merit is more 
important than cost,
    (2) Section 2052.215-79 Alternate 1 shall be included when 
proposals are to be evaluated on a lowest price, technically acceptable 
basis.
    (3) Section 2052.215-79 Alternate 2 shall be included where cost 
and technical merit are of equal significance.

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.


2015.303  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 Evaluation 
Panel's recommendation as contained in the reports described in 
paragraph (c) of this section.
    (b) Any cancellation of solicitations and subsequent rejection of 
all proposals must be approved by the Head of the Contracting Activity.
    (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 Designating Official may appoint 
technical advisors (non-voting members) to assist the single technical 
member. Except in unusual 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.


2015.304  Evaluation factors

    The evaluation factors included in the solicitation serve as the 
standard against

[[Page 67738]]

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.

    The contracting officer may provide offerors' cost proposals and 
supporting financial information 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) To ensure that the unsolicitated proposal is logged into the 
unsolicited proposal tracking system, it must be submitted in an 
original and two copies, and requests for additional information 
regarding their preparation, must be submitted to: U.S. Nuclear 
Regulatory Commission, Division of Contracts and Property Management, 
Mail Stop T-7-I-2, Washington, DC 20555.


2015.606-1  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

Sec.
2016.307-70  Contract provisions and clauses.

Subpart 2016.5--Indefinite-Delivery Contracts

2016.506-70  Contract provisions and clauses.
    Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2016.3--Cost Reimbursement Contracts


2016.307-70  Contract provisions and clauses.

    (a) The contracting officer shall insert the provision at 2052.216-
70, Level of Effort, in solicitations for negotiated procurements 
containing labor costs other than maintenance services, to be awarded 
on a cost reimbursement, cost sharing, cost-plus-award fee, cost-plus-
fixed fee, time and materials, or labor hour basis.
    (b) The contracting officer may insert the following provisions and 
clauses in cost reimbursement contracts as applicable:
    (1) Section 2052.216-71, Indirect Cost Rates (where provisional 
rates without ceilings apply).
    (2) Section 2052.216-71, Indirect Cost Rates--Alternate 1 (where 
predetermined rates apply).
    (3) Section 2052.216-71, Indirect Cost Rates (Ceiling)--Alternate 2 
(where provisional rates with ceilings apply).
    (c) The contracting officer may make appropriate changes to these 
clauses to reflect different arrangements.

Subpart 2016.5--Indefinite-Delivery Contracts


2016.506-70  Contract provisions and clauses.

    The contracting officer shall insert the following clauses in all 
solicitations and contracts that contain task order procedures. These 
clauses may be altered by the contracting officer to fit the 
circumstances of the requirement.
    (a) Section 2052.216-72, Task Order Procedures;
    (b) Section 2052.216-73, Accelerated Task Order Procedures.

PART 2017--SPECIAL CONTRACTING METHODS

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

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 the 
competitive process for a follow-on contract, provided that the request 
for procurement action for a follow-on or replacement contract was 
received in the Division of Contracts and Property Management not less 
than 6 months before the end of the fifth year.
    (b) Other extensions beyond five years must be approved by the 
Competition Advocate.

SUBCHAPTER D--SOCIOECONOMIC PROGRAMS

PART 2019--SMALL BUSINESS PROGRAMS

Subpart 2019.7--Subcontracting with small business, small disadvantaged 
business, and women-owned small business concerns

Sec.
2019.705  Responsibilities of the contracting officer under the 
subcontracting assistance program.
2019.705-4  Reviewing the subcontracting plan.

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

Subpart 2019.7--Subcontracting With Small Business, Small 
Disadvantaged Business, and Women-Owned Small Business Concerns


2019-705  Responsibilities of the contracting officer under the 
subcontracting assistance program.


2019.705-4  Reviewing the subcontracting plan.

    (a) The contracting officer may accept the terms of an overall or 
``master'' company subcontracting plan incorporated by reference into a 
specific subcontracting plan submitted by the apparent successful 
offeror/bid for a specific contract, only upon ensuring that the 
required information, goals and assurances are included in accordance 
with FAR 19.704.

[[Page 67739]]

PART 2022--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Subpart 2022.1--Basic Labor Policies.

Sec.
2022.101-1  General
2022.103-4  Approvals.

Subpart 2022.9--Nondiscrimination Because of Age

2022.901-70  Contract provisions.

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

Subpart 2022.1--Basic Labor Policies


2022.101-1  General.

    The Head of the Contracting Activity shall designate programs or 
requirements for which it is necessary that contractors be required to 
notify the Government of actual or potential labor disputes that are 
delaying or threaten to delay the timely contract performance. 
Contractor notification shall be made in accordance with FAR 52.222-1, 
``Notice to the Government of Labor Disputes.''


2022.103-4  Approvals.

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

Subpart 2022.9--Nondiscrimination Because of Age


2022.901-70  Contract provisions.

    The contracting officer shall insert the provision found at 
2052.222-70, Nondiscrimination Because of Age, in all solicitations.

PART 2024--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 2024.1--Protection of Individual Privacy

Sec.
2024.103  Procedures.

Subpart 2024.2--Freedom of Information Act

2024.202  Policy.

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

Subpart 2024.1--Protection of Individual Privacy


2024.103  Procedures.

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

Subpart 2024.2--Freedom of Information Act


2024.202  Policy.

    The provisions at 10 CFR Part 9, Subpart A, Freedom of Information 
Act Regulations, are applicable 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

Sec.
2027.305-3  Follow-up by Government.
2027.305-70  Solicitation provisions and contract clauses.

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

Subpart 2027.3--Patent Rights Under Government Contracts


2027.305-3  Follow-up by Government.

    (a) The contracting officer shall, as a part of the closeout of a 
contract, require each contractor to report in writing any patents, 
copyrights, or royalties attained using any portion of the contract 
funds.
    (b) If no activity is to be reported, the contractor shall provide 
the following written determination before final payment and 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) through (b)(4) of this section, after documenting the 
file to indicate the--
    (1) Impracticality of obtaining the document(s); and
    (2) Steps taken to attempt to obtain them.
    (d) 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.


2027.305-70  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 Provisions and 
Contract Clauses, are included in the solicitation/contract, this 
clause will not be used.

PART 2030--COST ACCOUNTING STANDARDS

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

Subpart 2030.2--CAS Program Requirements


2030.201-5  Waiver.

    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.

PART 2031--CONTRACT COST PRINCIPLES AND PROCEDURES

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

Subpart 2031.1--Applicability


2031.109-70  Contract clauses.

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

PART 2032--CONTRACT FINANCING

    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


2032.402  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

[[Page 67740]]

contracting officer shall coordinate with the Office of the Chief 
Financial Officer, Division of Accounting and Finance, to ensure 
completeness of contractor submitted documentation.

PART 2033--PROTESTS, DISPUTES, AND APPEALS

Subpart 2033.1--Protests

Sec.
2033.103  Protests to the agency.

Subpart 2033.2--Disputes and Appeals

Sec.
2033.204 Policy.
2033.211 Contract Claims--Contracting officer's decision.
2033.215 Contract clause.
    Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).

Subpart 2033.1--Protests


2033.103  Protests to the agency.

    Protests to the agency shall first be considered by the contracting 
officer. In accordance with FAR 33.103(d)(4), 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.

Subpart 2033.2--Disputes and Appeals


2033.204  Policy.

    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 rules appear in 10 CFR part 1023.


2033.211  Contract Claims--Contracting officer'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 address: U.S. Department of Energy, Board of Contract 
Appeals, HG-50, Building 950, 1000 Independence Ave., SW, Washington, 
DC 20585, when preparing a written decision.


2033.215  Contract clause.

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

SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING

PART 2035--RESEARCH AND DEVELOPMENT CONTRACTING

Sec.
2035.70  Contract clauses.
2035.71  Broad agency announcements.
    Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; and 41 U.S.C. 418(b).


2035.70  Contract clauses.

    (a) The contracting officer shall insert the following clause in 
all solicitations and contracts for research and development by private 
contractors and universities and for other technical services, as 
appropriate:
    (1) Section 2052.235-70, Publication of Research Results;
    (2) Section 2052.235-72 Safety, Health and Fire Protection.


2035.71  Broad agency announcements.

    (a) Criteria for selecting contractors may include such factors as:
    (1) Unique and innovative methods, approaches, or concepts 
demonstrated by the proposal.
    (2) Overall scientific, technical, or economic merits of the 
proposal.
    (3) The offeror's capabilities, related experience, facilities, 
techniques, or unique combinations of these which are integral factors 
for achieving the proposal objectives.
    (4) The qualifications, capabilities, and experience of the 
proposed principal investigator, team leader, or key personnel who are 
critical in achieving the proposal objectives.
    (5) Potential contribution of the effort to NRC's mission.
    (6) Overall standing among similar proposals available for 
evaluation and/or evaluation against the known state-of-the-art 
technology.
    (b) Once a proposal is received, communication between the agency's 
scientific or engineering personnel and the principal investigator is 
permitted for clarification purposes only and must be coordinated 
through the Division of Contracts and Property Management.
    (c) After evaluation of the proposals, the Designating Official 
shall submit a comprehensive evaluation report to the contracting 
officer which recommends the source(s) for contract award. The report 
must reflect the basis for the selection or nonselection of each 
proposal received.

SUBCHAPTER G--CONTRACT MANAGEMENT

PART 2042--CONTRACT ADMINISTRATION

Subpart 2042.570--Differing Professional Views (DPV)

Sec.
2042.570-1  Policy.
2042.570-2  Solicitation and contract clauses.

Subpart 2042.8--Disallowance of Costs

Sec.
2042.803  Disallowing costs after incurrence.

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

Subpart 2042.570--Differing Professional Views


2042.570-1  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 judgment 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 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. 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.


2042.570-2  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 solicitations and contracts for professional 
services, as

[[Page 67741]]

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 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


2042.803  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 
the examination of a voucher or invoice raises a question 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 payment 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 which will be processed in accordance with disputes 
procedures found at FAR Subpart 33.2; and
    (3) Process the voucher or invoice for payment and advise the NRC 
Division of Accounting and Finance to deduct the disallowed costs when 
scheduling the voucher for payment.
    (b) When audit reports or other notifications question costs or 
consider them unallowable, the contracting officer shall resolve all 
cost issues through discussions with the contractor and/or auditor, 
whenever possible, within six months of receipt of the audit report.
    (1) One of the following courses of action must be pursued:
    (i) Accept and implement audit recommendations as submitted;
    (ii) Accept the principle of the audit recommendation but adjust 
the amount of the questioned costs;
    (iii) Reject audit findings and recommendations.
    (2) When implementing the chosen course of action, the contracting 
officer shall:
    (i) Hold discussions with the auditor and contractor, as 
appropriate;
    (ii) If the contracting officer agrees with the auditor concerning 
the questioned costs, attempt to negotiate a mutual settlement of 
questioned costs;
    (iii) Issue a final decision, including any disallowance of 
questioned costs; inform the contractor of his/her right to appeal the 
decision under the disputes procedures found at FAR Subpart 33.2; and 
provide a copy of the final decision to the Office of the Inspector 
General; and
    (iv) Initiate immediate recoupment actions for all disallowed costs 
owed the Government by one or more of the following methods:
    (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;
    (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

Subpart 2045.3--Providing Government Property to Contractors

Sec.
2045.370  Providing government property (in general).
2045.371  Property accountability procedures.

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

Subpart 2045.3--Providing Government Property to Contractors


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 the agency property 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  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 
Report (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 $50,000 or more.

SUBCHAPTER H--CLAUSES AND FORMS

PART 2052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 2052.2--Text of Provisions and Clauses

Sec.
2052.200  Authority.
2052.204-70  Security.
2052.204-71  Site access badge requirements.
2052.209-70  Current/former agency employee involvement.
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.
2052.214-70  Prebid conference.
2052.214-71  Bidder qualifications and past experience.
2052.214-72  Bid evaluation.
2052.214-73  Timely receipt of bids.
2052.214-74  Disposition of bids.
2052.215-70  Key personnel.
2052.215-71  Project officer authority.
2052.215-72  Timely receipt of proposals.
2052.215-73  Award notification and commitment of public funds.
2052.215-74  Disposition of proposals.
2052.215-75  Proposal presentation and format.
2052.215-76  Preproposal conference.

[[Page 67742]]

2052.215-77  Travel approvals and reimbursement.
2052.215-78  Travel approvals and reimbursement--Alternate 1.
2052.215-79  Contract award and evaluation of proposals.
2052.216-70  Level of effort.
2052.216-71  Indirect cost rates.
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.
2052.231-70  Precontract costs.
2052.235-70  Publication of research results.
2052.235-71  Safety, health, and fire protection.
2052.242-70  Resolving NRC differing professional views.
2052.242-71  Procedures for resolving NRC differing professional 
views.

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

Subpart 2052.2--Text of Provisions and Clauses


2052.200  Authority.


2052.204-70  Security.

    As prescribed at 2004.404(a), the contracting officer shall insert 
the following clause in solicitations and contracts during which the 
contractor may have access to, or contact with classified information, 
including National Security information, restricted data, formerly 
restricted data, and other classified data:

Security (Date)

    (a) Security/Classification Requirements Form. The attached NRC 
Form 187 (See List of Attachments) furnishes the basis for providing 
security and classification requirements to prime contractors, 
subcontractors, or others (e.g., bidders) who have or may have an 
NRC contractual relationship that requires access to classified 
information or matter, access on a continuing basis (in excess of 90 
or more days) to NRC Headquarters controlled buildings, or otherwise 
requires NRC photo identification or card-key badges.
    (b) It is the contractor's duty to safeguard National Security 
Information, Restricted Data, and Formerly Restricted Data. The 
contractor shall, in accordance with the Commission's security 
regulations and requirements, be responsible for safeguarding 
National Security Information, Restricted Data, and Formerly 
Restricted Data, and for protecting against sabotage, espionage, 
loss, and theft, the classified documents and material in the 
contractor's possession in connection with the performance of work 
under this contract. Except as otherwise expressly provided in this 
contract, the contractor shall, upon completion or termination of 
this contract, transmit to the Commission any classified matter in 
the possession of the contractor or any person under the 
contractor's control in connection with performance of this 
contract. If retention by the contractor of any classified matter is 
required after the completion or termination of the contract and the 
retention is approved by the contracting officer, the contractor 
shall complete a certificate of possession to be furnished to the 
Commission specifying the classified matter to be retained. The 
certification must identify the items and types or categories of 
matter retained, the conditions governing the retention of the 
matter and 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 plans, internal data 
protected by the Privacy Act of 1974 (Pub. L. 93-579), or other 
information which has not been released to the public or has been 
determined by the Commission to be otherwise exempt from disclosure 
to the public. The contractor agrees to hold the information in 
confidence and not to directly or indirectly duplicate, disseminate, 
or disclose the information in whole or in part to any other person 
or organization except as may be necessary to perform the work under 
this contract. The contractor agrees to return the information to 
the Commission or otherwise dispose of it at the direction of the 
contracting officer. Failure to comply with this clause is grounds 
for termination of this contract.
    (d) Regulations. The contractor agrees to conform to all 
security regulations and requirements of the Commission which are 
subject to change as directed by the NRC Division of Facilities and 
Security and the Contracting Officer. These changes will be under 
the authority of the FAR Changes clause referenced in Section I of 
this document.
    (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) Definition 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 in this clause, means all data removed from 
the Restricted Data category under Section 142-d of the Atomic 
Energy Act of 1954, as amended.
    (h) Security clearance personnel. The contractor may not permit 
any individual to have access to Restricted Data, Formerly 
Restricted Data, or other classified 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.
    (i) Criminal liabilities. It is understood that disclosure of 
National Security Information, Restricted Data, and Formerly 
Restricted Data relating to the work or services ordered hereunder 
to any person not entitled to receive it, or failure to safeguard 
any Restricted Data, Formerly Restricted Data, or any other 
classified matter that may come to the contractor or any person 
under the contractor's control in connection with work under this 
contract, may subject the contractor, its agents, employees, or 
subcontractors to criminal liability under the laws of the United 
States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 
2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 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 contract.
    (k) In performing the contract work, the contractor shall 
classify all documents, material, and equipment originated or 
generated by the contractor in accordance with guidance issued by 
the Commission. Every subcontract and purchase order issued 
hereunder involving the origination or generation of classified 
documents, material, and equipment must provide that the 
subcontractor or supplier assign classification to all documents, 
material, and equipment in accordance with guidance furnished by the 
contractor.

(End of Clause)


2052.204-71  Site access badge requirements.

    As prescribed at 2004.404(b), the contracting shall insert the 
following clause in all solicitations and contracts under which the 
contractor will require access to Government facilities. The clause may 
be altered to reflect any special conditions to be applied to foreign 
nationals:

Site Access Badge Requirements (Jan 1993)

    During the life of this contract, the rights of ingress and 
egress for contractor personnel must be made available as required. 
In this regard, all contractor personnel whose duties under this 
contract require their presence on-site shall be clearly 
identifiable by a distinctive badge furnished by the Government. The 
Project Officer shall assist the contractor in obtaining the badges 
for the contractor personnel. It is the sole responsibility of the 
contractor to ensure that each employee has proper identification at 
all times. All prescribed identification must

[[Page 67743]]

be immediately delivered to the Security Office for cancellation or 
disposition upon the termination of employment of any contractor 
personnel. Contractor personnel must have this identification in 
their possession during on-site performance under this contract. It 
is the contractor's duty to assure that contractor personnel enter 
only those work areas necessary for performance of contract work, 
and to assure the safeguarding of any Government records or data 
that contractor personnel may come into contact with.

(End of Clause)


2052.209-70  Current/former agency employee involvement.

    As prescribed at 2009.105-70, the contracting officer shall insert 
the following provision in all solicitations:

Current/Former Agency Employee Involvement (Date)

    (a) The following representation is required by the NRC 
Acquisition Regulation 2009.105-70(b). It is not NRC policy to 
encourage offerors and contractors to propose current/former agency 
employees to perform work under NRC contracts and as set forth in 
the above cited provision, the use of such employees may, under 
certain conditions, adversely affect NRC's consideration of non-
competitive proposals and task orders.
    (b) There (  ) are (  ) are no current/former NRC employees 
(including special Government employees performing services as 
experts, advisors, consultants, or members of advisory committees) 
who have been or will be involved, directly or indirectly, in 
developing the offer, or in negotiating on behalf of the offeror, or 
in managing, administering, or performing any contract, consultant 
agreement, or subcontract resulting from this offer. For each 
individual so identified, the Technical and Management proposal must 
contain, as a separate attachment, the name of the individual, the 
individual's title while employed by the NRC, the date individual 
left NRC, and brief description of the individual's role under this 
proposal.

(End of Provision)


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

    As prescribed in 2009.570-4(b) and 2009.570-8, the contracting 
officer must insert the following provision in applicable solicitations 
and in contracts resulting from unsolicited proposals. The contracting 
officer must also include the following in task orders and contract 
modifications for new work.

Contractor Organizational Conflicts of Interest Representation 
(Date)

    I represent to the best of my knowledge and belief that:
    The award to ________ of a contract or the modification of an 
existing contract does /  / does not /  / involve situations or 
relationships of the type set forth in 48 CFR 2009.570-3(b).
    (a) If the representation, as completed, indicates that 
situations or relationships of the type set forth in 48 CFR 
2009.570-3(b) are involved, or the contracting officer otherwise 
determines that potential organizational conflicts of interest 
exist, the offeror shall provide a statement in writing which 
describes in a concise manner all relevant factors bearing on his 
representation to the contracting officer. If the contracting 
officer determines that organizational conflicts exist, the 
following actions may be taken:
    (1) Impose appropriate conditions which avoid such conflicts,
    (2) Disqualify the offeror, or
    (3) Determine that it is otherwise in the best interest of the 
United States to seek award of the contract under the waiver 
provisions of 48 CFR 2009-570-9.
    (b) The refusal to provide the representation required by 48 CFR 
2009.570-4(b), or upon request of the contracting officer, the facts 
required by 48 CFR 2009.570-3(b), must result in disqualification of 
the offeror for award.

(End of Provision)


2052.209-72  Contractor organizational conflicts of interest.

    As prescribed at 2009.570-5(a) and 2009.570-8, the contracting 
officer must insert the following clause in all applicable 
solicitations, contracts, and simplified acquisitions of the types 
described in 2009.570-4(b):

Contractor Organizational Conflicts of Interest (Jan 1993)

    (a) Purpose. The primary purpose of this clause is to aid in 
ensuring that the contractor:
    (1) Is not placed in a conflicting role because of current or 
planned interests (financial, contractual, organizational, or 
otherwise) which relate to the work under this contract; and
    (2) Does not obtain an unfair competitive advantage over other 
parties by virtue of its performance of this contract.
    (b) Scope. The restrictions described apply to performance or 
participation by the contractor, as defined in 48 CFR 2009.570-2 in 
the activities covered by this clause.
    (c) Work for others.
    (1) Notwithstanding any other provision of this contract, during 
the term of this contract the contractor agrees to forego entering 
into consulting or other contractual arrangements with any firm or 
organization, the result of which may give rise to a conflict of 
interest with respect to the work being performed under this 
contract. The contractor shall ensure that all employees under this 
contract abide by the provision of this clause. If the contractor 
has reason to believe with respect to itself or any employee that 
any proposed consultant or other contractual arrangement with any 
firm or organization may involve a potential conflict of interest, 
the contractor shall obtain the written approval of the contracting 
officer before the execution of such contractual arrangement.
    (2) The contractor may not represent, assist, or otherwise 
support an NRC licensee or applicant undergoing an NRC audit, 
inspection, or review where the activities that are the subject of 
the audit, inspection or review are the same as or substantially 
similar to the services within the scope of this contract (or task 
order as appropriate), except where the NRC licensee or applicant 
requires the contractor's support to explain or defend the 
contractor's prior work for the utility or other entity which NRC 
questions.
    (3) When the contractor performs work for the NRC under this 
contract at any NRC licensee or applicant site, the contractor shall 
neither solicit nor perform work in the same or similar technical 
area for that licensee or applicant organization for a period 
commencing with the award of the task order or beginning of work on 
the site (if not a task order contract) and ending one year after 
completion of all work under the associated task order, or last time 
at the site (if not a task order contract).
    (4) When the contractor performs work for the NRC under this 
contract at any NRC licensee or applicant site,
    (i) The contractor may not solicit work at that site for that 
licensee or applicant during the period of performance of the task 
order or the contract, as appropriate.
    (ii) The contractor may not perform work at that site for that 
licensee or applicant during the period of performance of the task 
order or the contract, as appropriate, and for one year thereafter.
    (iii) Notwithstanding the foregoing, the contracting officer may 
authorize the contractor to solicit or perform this type of work 
(except work in the same or similar technical area) if the 
contracting officer determines that the situation will not pose a 
potential for technical bias or unfair competitive advantage.
    (d) Disclosure after award.
    (1) The contractor warrants that to the best of its knowledge 
and belief, and except as otherwise set forth in this contract, that 
it does not have any organizational conflicts of interest as defined 
in 48 CFR 2009.570-2.
    (2) The contractor agrees that, if after award, it discovers 
organizational conflicts of interest with respect to this contract, 
it shall make an immediate and full disclosure in writing to the 
contracting officer. This statement must include a description of 
the action which the contractor has taken or proposes to take to 
avoid or mitigate such conflicts. The NRC may, however, terminate 
the contract if termination is in the best interest of the 
Government.
    (3) It is recognized that the scope of work of a task-order-type 
contract necessarily encompasses a broad spectrum of activities. 
Consequently, if this is a task-order-type contract, the contractor 
agrees that it will disclose all proposed new work involving NRC 
licensees or applicants which comes within the scope of work of the 
underlying contract. Further, if this contract involves work at a 
licensee or applicant site, the contractor agrees to exercise 
diligence to discover and disclose any new work at that licensee or 
applicant site. This disclosure must be made before the submission 
of a bid or proposal to the utility or other regulated entity and 
must be received by the NRC at least 15 days before the proposed 
award date in any event, unless a written justification 
demonstrating urgency and due diligence to

[[Page 67744]]

discover and disclose is provided by the contractor and approved by 
the contracting officer. The disclosure must include the statement 
of work, the dollar value of the proposed contract, and any other 
documents that are needed to fully describe the proposed work for 
the regulated utility or other regulated entity. NRC may deny 
approval of the disclosed work only when the NRC has issued a task 
order which includes the technical area and, if site-specific, the 
site, or has plans to issue a task order which includes the 
technical area and, if site-specific, the site, or when the work 
violates paragraphs (c)(2), (c)(3) or (c)(4) of this clause.
    (e) Access to and use of information.
    (1) If in the performance of this contract, the contractor 
obtains access to information, such as NRC plans, policies, reports, 
studies, financial plans, internal data protected by the Privacy Act 
of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of 
Information Act (5 U.S.C. Section 552 (1986)), the contractor agrees 
not to:
    (i) Use this information for any private purpose until the 
information has been released to the public;
    (ii) Compete for work for the Commission based on the 
information for a period of six months after either the completion 
of this contract or the release of the information to the public, 
whichever is first;
    (iii) Submit an unsolicited proposal to the Government based on 
the information until one year after the release of the information 
to the public; or
    (iv) Release the information without prior written approval by 
the contracting officer unless the information has previously been 
released to the public by the NRC.
    (2) In addition, the contractor agrees that, to the extent it 
receives or is given access to proprietary data, data protected by 
the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the 
Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other 
confidential or privileged technical, business, or financial 
information under this contract, the contractor shall treat the 
information in accordance with restrictions placed on use of the 
information.
    (3) Subject to patent and security provisions of this contract, 
the contractor shall have the right to use technical data it 
produces under this contract for private purposes provided that all 
requirements of this contract have been met.
    (f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the 
contractor shall include this clause, including this paragraph, in 
subcontracts of any tier. The terms contract, contractor, and 
contracting officer, must be appropriately modified to preserve the 
Government's rights.
    (g) Remedies. For breach of any of the above restrictions, or 
for intentional nondisclosure or misrepresentation of any relevant 
interest required to be disclosed concerning this contract or for 
such erroneous representations that necessarily imply bad faith, the 
Government may terminate the contract for default, disqualify the 
contractor from subsequent contractual efforts, and pursue other 
remedies permitted by law or this contract.
    (h) Waiver. A request for waiver under this clause must be 
directed in writing to the contracting officer in accordance with 
the procedures outlined in 48 CFR 2009.570-9.
    (i) Follow-on effort. The contractor shall be ineligible to 
participate in NRC contracts, subcontracts, or proposals therefor 
(solicited or unsolicited), which stem directly from the 
contractor's performance of work under this contract. Furthermore, 
unless so directed in writing by the contracting officer, the 
contractor may not perform any technical consulting or management 
support services work or evaluation activities under this contract 
on any of its products or services or the products or services of 
another firm if the contractor has been substantially involved in 
the development or marketing of the products or services.
    (1) If the contractor, under this contract, prepares a complete 
or essentially complete statement of work or specifications, the 
contractor is not eligible to perform or participate in the initial 
contractual effort which is based on the statement of work or 
specifications. The contractor may not incorporate its products or 
services in the statement of work or specifications unless so 
directed in writing by the contracting officer, in which case the 
restrictions in this paragraph do not apply.
    (2) Nothing in this paragraph precludes the contractor from 
offering or selling its standard commercial items to the Government.

(End of Clause)


2052.211-70  Preparation of technical reports.

    As prescribed at 2011.104-70(a) the contracting officer shall 
insert the following clause in solicitations and contracts when 
deliverables include a technical report. The contracting officer may 
alter this clause prior to issuance of the solicitation or during 
competition by solicitation amendment. Insignificant changes may also 
be made by the contracting officer on a case-by-case basis during 
negotiation, without solicitation amendment.

Preparation of Technical Reports (Jan 1993)

    All technical reports required by Section C and all Technical 
Progress Reports required by Section F are to be prepared in 
accordance with the attached Management Directive 3.8, 
``Unclassified Contractor and Grantee Publications in the NUREG 
Series.'' Management Directive 3.8 is not applicable to any 
Contractor Spending Plan (CSP) and any Financial Status Report that 
may be included in this contract. (See List of Attachments).

(End of Clause)


2052.211-71  Technical progress report.

    As prescribed at 2011.104-70(b), the contracting officer shall 
insert the following clause in all solicitations and contracts except 
firm fixed price or indefinite delivery contracts to be awarded on a 
time-and-materials or labor-hour basis, or which provide for issuance 
of delivery orders for specific products/serviced line items. The 
contracting officer may alter this clause prior to issuance of the 
solicitation or during competition by solicitation amendment. 
Insignificant changes may also be made by the contracting officer on a 
case-by-case basis during negotiation, without solicitation amendment.

Technical Progress Report (Jan 1993)

    The contractor shall provide a monthly Technical Progress Report 
to the project officer and the contracting officer. The report is 
due within 15 calendar days after the end of the report period and 
must identify the title of the project, the contract number, 
appropriate financial tracking code specified by the NRC Project 
Officer, project manager and/or principal investigator, the contract 
period of performance, and the period covered by the report. Each 
report must include the following for each discrete task/task order:
    (a) A listing of the efforts completed during the period, and 
milestones reached or, if missed, an explanation provided;
    (b) Any problems or delays encountered or anticipated and 
recommendations for resolution. If the recommended resolution 
involves a contract modification, e.g., change in work requirements, 
level of effort (cost) or schedule delay, the contractor shall 
submit a separate letter to the contracting officer identifying the 
required change and estimated cost impact.
    (c) A summary of progress to date; and
    (d) Plans for the next reporting period.

(End of Clause)


2052.211-72  Financial status report.

    As prescribed at 2011.104-70(c), the contracting officer shall 
insert the following clause in applicable cost reimbursement 
solicitations and contracts when a detailed assessment of costs is 
warranted and a contractor spending plan is required. The contracting 
officer may alter this clause and Alternate 1 of this clause prior to 
issuance of the solicitation or during competition by solicitation 
amendment. Insignificant changes may also be made by the contracting 
officer on a case-by-case basis during negotiation, without 
solicitation amendment.

Financial Status Report (Date)

    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 property 
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 must identify the title of the project, 
the contract

[[Page 67745]]

number, the appropriate financial tracking code (e.g., Job Code 
Number or JCN) specified by the NRC Project Officer, project manager 
and/or principal investigator, the contract period of performance, 
and the period covered by the report. Each report must include the 
following for each discrete task:
    (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 
reporting 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) 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 for the project/task order as reflected in the current 
CSP.
    (2) Indicate significant changes in the original CSP projection 
in either dollars or percentage of completion. Identify the change, 
the reasons for the change, whether there is any projected overrun, 
and when additional funds would be required. If there have been no 
changes to the original NRC-approved CSP projections, a written 
statement to that effect is sufficient in lieu of submitting a 
detailed response to item ``h''.
    (i) Property status:
    (1) List property acquired for the project 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, 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 closeout 
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: List the starting and ending dates for each 
trip, the starting point and destination, and the traveler(s) for 
each trip.
    (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.

(End of Clause)

Alternate 1 (Date)

    As prescribed in 2011.104-70(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)

    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 performance, 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 
reporting 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) [Reserved]
    (i) Property status:
    (1) List property acquired for the project 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, 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 closeout 
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: List the starting and ending dates for each 
trip, the starting point and destination, and the traveler(s) for 
each trip.
    (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.

(End of Clause)


2052.214-70  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 parties an 
opportunity to present questions and clarify uncertainties regarding 
this solicitation. You are requested to mail written questions 
concerning those areas of uncertainty which, in your opinion, 
require clarification or correction. You are encouraged to submit 
your questions in writing not later than * working day(s) prior to 
the conference date. Receipt of late questions may result in the 
questions not being answered at the conference although they will be 
considered in preparing any necessary amendment to the solicitation. 
If you plan to attend the conference, notify * by letter or 
telephone *, no later than close of business *. Notification of your 
intention to attend is essential in the event the conference is 
rescheduled or canceled. (Optional statement: Due to space 
limitations, each potential bidder is limited to * representatives 
at the conference.)
    (c) Written questions must be submitted to: U.S. Nuclear 
Regulatory Commission, Division of Contracts and Property 
Management, ATTN: *, Mail Stop T-7-I-2, Washington, DC 20555.
    (d) The envelope must be marked ``Solicitation No. */Prebid 
Conference.''
    (e) A transcript of the conference will be furnished to all 
prospective bidders through the issuance of an amendment to the 
solicitation.
    * To be incorporated into the solicitation.

(End of Provision)


2052.214-71  Bidder qualifications and past experiences.

    As prescribed in 2014.201-670(b), the contracting officer may 
insert the

[[Page 67746]]

following provision on an optional basis to fit the circumstances of 
the invitation for bid.

Bidder Qualifications and Past Experience (Date)

    (a) The bidder shall list previous/current contracts performed 
within the past * years (with no omissions) in which the Bidder was 
the prime or principal subcontractor. This information will assist 
the contracting officer in his/her Determination of Responsibility. 
Lack of previous/current contracts or failure to submit this 
information will not necessarily result in an unfavorable 
Determination of Responsibility.
    (b) The following information shall be provided for each 
previous/current contract listed:
    (1) Contract No.:
    (2) Contract performance dates:
    (3) Estimated total value of the contract (base plus all option 
years):
    (4) Brief description of work performed under the contract:
    (5) Contract Standard Industrial Code:
    (6) Name and address of Government agency or commercial entity:
    (7) Technical Point of Contact and current telephone number:
    (8) Contracting Officer name and current telephone number:
    (c) The bidder shall also provide the name, title and full 
telephone number of its technical representative and contracts/
business representative:
    (1) Technical Representative name:
    Title:
    Telephone No. ( )
    (2) Contracts/Business Representative name:
    Title:
    Telephone No. ( )
    *To be incorporated into the solicitation.

(End of Provision)


2052.214-72  Bid evaluation.

    As prescribed at 2014.201-670(c), the contracting officer shall 
insert the following provision in applicable invitations for bids 
(paragraph ``(f)'' of this provision is optional):

Bid Evaluation (Jan 1993)

    (a) Award will be made to that responsive, responsible bidder 
within the meaning of FAR Subpart 9.1 whose total bid amount, as set 
forth by the bidder in Section B of this Invitation for Bid (IFB), 
constitutes the lowest overall evaluated final contract price to the 
Government based upon the requirements as set forth in the schedule. 
Bids will be evaluated for purposes of award by first ascertaining 
the sum of the total amount for each of the items specified in 
Section B of this solicitation. This will constitute the bidder's 
``Total Bid Amount.''
    (b) Bidders shall insert a definite price or indicate ``no 
charge'' in the blank space provided for each item and/or sub-item 
listed in Section B. Unless expressly provided for herein, no 
additional charge will be allowed for work performed under the 
contract other than the unit prices stipulated for each such item 
and/or sub-item.
    (c) Any bid which is materially unbalanced as to price for the 
separate items specified in Section B of this IFB may be rejected as 
nonresponsive. An unbalanced bid is defined as one which is based on 
prices which, in the opinion of the NRC, are significantly less than 
cost for some work and/or prices that may be significantly 
overstated for other work.
    (d) Separation charges, in any form, are not solicited. Bids 
containing charges for discontinuance, termination, failure to 
exercise an option, or for any other purpose will cause the bid to 
be rejected as nonresponsive.
    (e) A preaward on-site survey of the bidder's facilities, 
equipment, etc., in accordance with FAR 9.105 and 9.106 may be made 
by representatives of the Commission for the purpose of determining 
whether the bidder is responsible within the meaning of FAR 9.1, and 
whether the bidder possesses qualifications that are conducive to 
the production of work that will meet the requirements, 
specifications, and provisions of this contract. Also, if requested 
by the Commission, the prospective contractor may be required to 
submit statements within * hours after receiving the request:
    (1) Concerning their ability to meet any of the minimum 
standards set forth in FAR 9.104,
    (2) Samples of work, and
    (3) Names and addresses of additional clients, Government 
agencies and/or commercial firms which the bidder is now doing or 
had done business with.
    (f) Notwithstanding paragraph (b) of this provision, the award 
of any contract resulting from this solicitation will be made on an 
``all or none'' basis. Thus, bids submitted on fewer than the items 
listed in Section B of this IFB, or on fewer than the estimated 
quantity, will cause the bid to be rejected as nonresponsive.
    *To be inserted into solicitation.

(End of Provision)


2052.214-73  Timely receipt of bids.

    As prescribed at Sec. 2014.670(b), the contracting officer shall 
insert the following provision in all invitations for bids:

Timely Receipt of Bids (Date)

    Sealed offers for furnishing the services or supplies in the 
schedule are due at the date and time stated in block 9 of Standard 
Form 33, Solicitation, Offer and Award. Offers sent through the U.S. 
Mail (including U.S. Postal Service Express Mail Next Day Service--
Post Office to Addressee) must be addressed to the place specified 
in the solicitation. All hand-carried offers including those made by 
private delivery services (e.g., Federal Express and Airborne 
Express) must be delivered to the NRC loading dock security station 
located at 11545 Rockville Pike, Rockville, Maryland 20852 and 
received in the depository located in Room T-7-I-2. All offerors 
should allow extra time for internal mail distribution or for pick 
up of hand-carried deliveries. NRC is a secure facility with 
perimeter access-control and NRC personnel are only available to 
receive hand-carried offers during normal working hours, 7:30 a.m.-
3:30 p.m., Monday through Friday, excluding federal holidays.

(End of Provision)


2052.214-74  Disposition of bids.

    As prescribed at 2014.670(b), the contracting officer shall insert 
the following provision in applicable invitation for bids:

Disposition of Bids (Jan 1993)

    After award of the contract, one copy of each unsuccessful bid 
will be retained by NRC's Division of Contracts and Property 
Management in accordance with the General Records Schedule 3(5)(b). 
Unless return of the additional copies of the bid is requested by 
the bidder upon submission of the bid, all other copies will be 
destroyed. This request should appear in a cover letter accompanying 
the bid.

(End of Provision)


2052.215-70  Key personnel.

    As prescribed at 2015.209-70(a)(1), the contracting officer shall 
insert in solicitations and contracts the following clause as 
applicable to the requirement:

Key Personnel (Jan 1993)

    (a) The following individuals are considered to be essential to 
the successful performance of the work hereunder: *
    The contractor agrees that personnel may not be removed from the 
contract work or replaced without compliance with paragraphs (b) and 
(c) of this clause.
    (b) If one or more of the key personnel, for whatever reason, 
becomes, or is expected to become, unavailable for work under this 
contract for a continuous period exceeding 30 work days, or is 
expected to devote substantially less effort to the work than 
indicated in the proposal or initially anticipated, the contractor 
shall immediately notify the contracting officer and shall, subject 
to the concurrence of the contracting officer, promptly replace the 
personnel with personnel of at least substantially equal ability and 
qualifications.
    (c) Each request for approval of substitutions must be in 
writing and contain a detailed explanation of the circumstances 
necessitating the proposed substitutions. The request must also 
contain a complete resume for the proposed substitute and other 
information requested or needed by the contracting officer to 
evaluate the proposed substitution. The contracting officer and the 
project officer shall evaluate the contractor's request and the 
contracting officer shall promptly notify the contractor of his or 
her decision in writing.
    (d) If the contracting officer determines that suitable and 
timely replacement of key personnel who have been reassigned, 
terminated, or have otherwise become unavailable for the contract 
work is not reasonably forthcoming, or that the resultant reduction 
of productive effort would be so substantial as to impair the 
successful completion of the contract or the service order, the 
contract may be terminated by the contracting officer for default or 
for the convenience of the Government, as appropriate. If the 
contracting officer finds the contractor at fault for the condition, 
the

[[Page 67747]]

contract price or fixed fee may be equitably adjusted downward to 
compensate the Government for any resultant delay, loss, or damage.

(End of Clause)

    *To be incorporated into any resultant contract.


2052.215-71  Project officer authority.

    As prescribed in 2015.209-70(a)(2)(i), the contracting officer 
shall insert the following clause 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 projects officers, and may be altered 
to delete duties where appropriate:

Project Officer Authority (Date)

    (a) The contracting officer's authorized representative 
hereinafter referred to as the project officer for this contract is:
    Name: *
    Address: *
    Telephone Number: *
    (b) Performance of the work under this contract is subject to 
the technical direction of the NRC project officer. The term 
technical direction is defined to include the following:
    (1) Technical direction to the contractor which shifts work 
emphasis between areas of work or tasks, authorizes travel which was 
unanticipated in the Schedule (i.e., travel not contemplated in the 
Statement of Work or changes to specific travel identified in the 
Statement of Work), fills in details, or otherwise serves to 
accomplish the contractual statement of work.
    (2) Provide advice and guidance to the contractor in the 
preparation of drawings, specifications, or technical portions of 
the work description.
    (3) Review and, where required by the contract, approval of 
technical reports, drawings, specifications, and technical 
information to be delivered by the contractor to the Government 
under the contract.
    (c) Technical direction must be within the general statement of 
work stated in the contract. The project officer does not have the 
authority to and may not issue any technical direction which:
    (1) Constitutes an assignment of work outside the general scope 
of the contract.
    (2) Constitutes a change as defined in the ``Changes'' clause of 
this contract.
    (3) In any way causes an increase or decrease in the total 
estimated contract cost, the fixed fee, if any, or the time required 
for contract performance.
    (4) Changes any of the expressed terms, conditions, or 
specifications of the contract.
    (5) Terminates the contract, settles any claim or dispute 
arising under the contract, or issues any unilateral directive 
whatever.
    (d) All technical directions must be issued in writing by the 
project officer or must be confirmed by the project officer in 
writing within ten (10) working days after verbal issuance. A copy 
of the written direction must be furnished to the contracting 
officer. A copy of NRC Form 445, Request for Approval of Official 
Foreign Travel, which has received final approval from the NRC must 
be furnished to the contracting officer.
    (e) The contractor shall proceed promptly with the performance 
of technical directions duly issued by the project officer in the 
manner prescribed by this clause and within the project officer's 
authority under the provisions of this clause.
    (f) If, in the opinion of the contractor, any instruction or 
direction issued by the project officer is within one of the 
categories as defined in paragraph (c) of this clause, the 
contractor may not proceed but shall notify the contracting officer 
in writing within five (5) working days after the receipt of any 
instruction or direction and shall request the contracting officer 
to modify the contract accordingly. Upon receiving the notification 
from the contractor, the contracting officer shall issue an 
appropriate contract modification or advise the contractor in 
writing that, in the contracting officer's opinion, the technical 
direction is within the scope of this article and does not 
constitute a change under the ``Changes'' clause.
    (g) Any unauthorized commitment or direction issued by the 
project officer may result in an unnecessary delay in the 
contractor's performance and may even result in the contractor 
expending funds for unallowable costs under the contract.
    (h) A failure of the parties to agree upon the nature of the 
instruction or direction or upon the contract action to be taken 
with respect thereto is subject to Sec. 52.233-1--Disputes.
    (i) In addition to providing technical direction as defined in 
paragraph (b) of this clause, the project officer shall:
    (1) Monitor the contractor's technical progress, including 
surveillance and assessment of performance, and recommend to the 
contracting officer changes in requirements.
    (2) Assist the contractor in the resolution of technical 
problems encountered during performance.
    (3) Review all costs requested for reimbursement by the 
contractor and submit to the contracting officer recommendations for 
approval, disapproval, or suspension of payment for supplies and 
services required under this contract.

(End of Clause)

Alternate 1 (Date)

    As prescribed at 2015.209-70(a)(2)(ii), the contracting officer 
shall insert the following clause in solicitations and contracts 
which require issuance of delivery orders for specific products/
services.

Project Officer Authority--Alternate 1 (Date)

    (a) The contracting officer's authorized representative, 
hereinafter referred to as the project officer, for this contract 
is:
    Name: *
    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 contract.
    * To be incorporated into any resultant contract.

(End of Clause)

Alternate 2 (Date)

    As prescribed at 2015.209(a)(2)(iii), the contracting officer 
shall insert in solicitations for firm fixed price contracts, the 
clause at 2052.215-71 Project Officer Authority Alternate 1 which 
shall be used with paragraph (b)(1) deleted and the remainder of the 
clause renumbered.


2052.215-72  Timely receipt of proposals.

    As prescribed in 2015.209-70(a)(3), the contracting officer shall 
insert the following provision in all solicitations:

Timely Receipt of Proposals (Date)

    Sealed offers for furnishing the services or supplies in the 
schedule are due at the date and time stated in block 9 of Standard 
Form 33, Solicitation, Offer and Award. Offers sent through the U.S. 
Mail (including U.S. Postal Service Express Mail Next Day Service--
Post Office to Addressee) must be addressed to the place specified 
in the solicitation. All hand-carried offers including those made by 
private delivery services (e.g., Federal Express and Airborne 
Express) must be delivered to the NRC loading dock security station 
located at 11545 Rockville Pike, Rockville, Maryland 20852 and 
received in the depository located in Room T-7-I-2. All offerors 
should allow extra time for internal mail distribution or for pick 
up of hand-carried deliveries. NRC is a secure facility with 
perimeter access-control and NRC personnel are only available to 
receive hand-carried offers during normal working hours, 7:30 AM--
3:30 PM, Monday through Friday, excluding federal holidays.

(End of Provision)


2052.215-73  Award notification and commitment of public funds.

    As prescribed at 2015.209-70 (a)(4), the contracting officer shall 
insert the following clause in applicable solicitations:

Award Notification and Commitment of Public Funds (Date)

    (a) All offerors will be notified of their exclusion from the 
competitive range in accordance with FAR 15.503(a)(1). Pursuant to 
the requirements of FAR 15.503(a)(2), preliminary notification will 
be provided before award for small business set-aside procurements 
on negotiated procurements. The contracting officer shall provide 
written postaward notice to each unsuccessful offeror in accordance 
with FAR 15.503(b).

[[Page 67748]]

    (b) It is also brought to your attention that the contracting 
officer is the only individual who can legally commit the NRC to the 
expenditure of public funds in connection with this procurement. 
This means that unless provided in a contract document or 
specifically authorized by the contracting officer, NRC technical 
personnel may not issue contract modifications, give informal 
contractual commitments, or otherwise bind, commit, or obligate the 
NRC contractually. Informal contractual commitments include:
    (1) Encouraging a potential contractor to incur costs prior to 
receiving a contract;
    (2) Requesting or requiring a contractor to make changes under a 
contract without formal contract modifications;
    (3) Encouraging a contractor to incur costs under a cost-
reimbursable contract in excess of those costs contractually 
allowable; and
    (4) Committing the Government to a course of action with regard 
to a potential contract, contract change, claim, or dispute.

(End of Clause)


2052.215-74  Disposition of proposals.

    As prescribed in 2015.209-70(a)(5), the contracting officer shall 
insert the following provision in all solicitations:

Disposition of Proposals (Jan 1993)

    After award of the contract, one copy of each unsuccessful 
proposal is retained by the NRC's Division of Contracts and Property 
Management in accordance with the General Records Schedule 3(5)(b). 
Unless return of the additional copies of the proposals is requested 
by the offeror upon submission of the proposals, all other copies 
will be destroyed. This request should appear in a cover letter 
accompanying the proposal.
(End of Provision)


2052.215-75  Proposal presentation and format.

    As prescribed at 2015.209-70(b)(1), the contracting officer may 
insert the following provision in applicable negotiated procurements 
for cost type solicitations. This clause may be tailored to each 
procurement and solicitation evaluation criteria by the contracting 
officer to fit the circumstances of the procurement.

Proposal Presentation and Format (Date)

    (a) Information submitted in response to this solicitation must 
be typed, printed, or reproduced on letter-size paper and each copy 
must be legible. Offerors are hereby notified that all information 
provided including all resumes, must be accurate, truthful, and 
complete to the best of the offeror's knowledge and belief. The 
Commission will rely upon all representations made by the offeror 
both in the evaluation process and for the performance of the work 
by the offeror selected for award. The Commission may require the 
offeror to substantiate the credentials, education, and employment 
history of its employees, subcontractor personnel, and consultants, 
through submission of copies of transcripts, diplomas, licenses, 
etc.
    (b) The offeror must submit the following material which will 
constitute its offer, as defined by FAR 2.101, in two separate and 
distinct parts at the date and time specified in * of the 
solicitation for receipt of sealed offers.
    (1) Part 1--Solicitation Package/Offer. Two (2) original signed 
copies of this solicitation package/offer. All applicable sections 
must be completed by the offeror.
    (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 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 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.
    (c) ``Written Technical and Management Proposal'' or ``Oral 
Presentation and Supporting Documentation'' (as applicable). 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 written Technical and 
Management Proposal or 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 
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 must 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.
    (d) Written Technical or Oral Presentation and Supporting 
Documentation Requirements--Instructions. * To be incorporated into 
the solicitation
(End of Provision)

Alternate 1 (Date)

    As prescribed at 2015.209-70(b)(2), this Alternate 1 may be used 
for solicitations for negotiated task orders. Include the following 
paragraph 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 the 
development of the staffing plan. For the purposes of the Government 
estimate, 2000 hours 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.

Alternate 2 (Date)

    As proposed at 2015.209-70(b)(3), Alternate 2 may be used for 
solicitations for negotiated fixed price, labor hour, or time and 
materials contracts. Substitute the following paragraph (b)(2)(ii) 
for the paragraph (b)(2)(ii) of the basic provision, delete 
paragraphs (b)(2)(iii) through (iv) of the basic provision, and 
renumber the remaining paragraphs.
    (b)(2)(ii) Submittal of information other than cost or pricing 
data shall be made in accordance with FAR 52.215-20 Alternate IV.


2052.215-76  Preproposal conference

    As prescribed at 2015.407-70(c), the contracting officer may insert 
the following provision in applicable solicitations which include a 
preproposal conference:

Preproposal Conference (Jan 1993)

    (a) A preproposal conference is scheduled for:

    Date: *
    Location: *
    Time: *
    (b) This conference is to afford interested parties an 
opportunity to present questions and clarify uncertainties regarding 
this solicitation. You are requested to mail written questions 
concerning those areas of uncertainty which, in your opinion, 
require clarification or correction. You are encouraged to submit 
your questions in writing not later than * working day(s) prior to 
the conference date. Receipt of late questions may result in the 
questions not being answered at the conference although they will be 
considered in preparing any

[[Page 67749]]

necessary amendment to the solicitation. If you plan to attend the 
conference, notify * by letter or telephone * , no later than close 
of business * . Notification of your intention to attend is 
essential in the event the conference is rescheduled or canceled. 
(Optional statement: Due to space limitations, each potential 
offeror is limited to * representatives at the conference.)
    (c) Written questions must be submitted to: U.S. Nuclear 
Regulatory Commission, Division of Contracts and Property 
Management, ATTN: *, Mail Stop T-7-I-2, Washington, DC 20555.
    (d) The envelope must be marked ``Solicitation No. * /
Preproposal Conference.''
    *To be incorporated into the solicitation.
    (e) A transcript of the conference will be furnished to all 
prospective offerors through the issuance of an amendment to the 
solicitation.

(End of Provision)


2052.215-77  Travel approvals and reimbursement.

    As prescribed at 2015.209-70(d), the contracting officer shall 
insert the following clause in cost reimbursement solicitations and 
contracts which require travel but do not set a specific ceiling amount 
on that travel. Note that requests for foreign travel must be submitted 
to the NRC 30 days in advance of the travel date.

Travel Approvals and Reimbursement (Date)

    (a) All foreign travel must be approved in advance by the NRC on 
NRC Form 445, Request for Approval of Official Foreign Travel, and 
must be in compliance with FAR 52.247-63 Preference for U.S. Flag 
Air Carriers. The contractor shall submit NRC Form 445 to the NRC no 
later than 30 days prior to the commencement of travel.
    (b) The contractor must receive written approval from the NRC 
Project Officer prior to taking travel which was unanticipated in 
the Schedule (i.e., travel not contemplated in the Statement of 
Work, or changes to specific travel identified in the Statement of 
Work).
    (c) The contractor will be reimbursed only for those travel 
costs incurred which are directly related to this contract and which 
are allowable subject to the limitations prescribed in FAR 31.205-
46.
    (d) It is the responsibility of the contractor to notify the 
contracting officer in accordance with the 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)


2052.215-78  Travel approvals and reimbursement--Alternate 1.

    As prescribed in 2015.209-70(d), the contracting officer shall 
insert the following clause in cost reimbursement solicitations and 
contracts which include a ceiling amount on travel. Note that requests 
for foreign travel must be submitted to the NRC 30 days in advance of 
the travel date.

Travel Approvals and Reimbursement--Alternate 1 (Date)

    (a) Total expenditure for travel may not exceed ____*____ 
without the prior approval of 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 
Air Carriers. The contractor shall submit NRC Form 445 to the NRC no 
later than 30 days prior to the commencement of travel.
    (c) The contractor will be reimbursed only for those travel 
costs incurred which are directly related to this contract and which 
are allowable subject to the limitations prescribed in FAR 31.205-
46.
    (d) It is the responsibility of the contractor to notify the 
contracting officer in accordance with the FAR Limitations of Cost 
clause of this contract when, at any time, the contractor learns 
that travel expenses will cause the contractor to exceed the travel 
ceiling amount identified in paragraph (a) of this clause.
    (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.
    *To be incorporated into any resultant contract.

(End of Clause)


2052.215-79  Contract award and evaluation of proposals.

    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 Proposals (Date)

    (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:
    (1) Reject any or all proposals if such action is in the 
Government's interest.
    (2) Waive informalities and minor irregularities in proposals 
received.
    (d) The Government intends to evaluate proposals and award a 
contract without discussions with 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 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 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.
    (i) If a cost realism analysis is performed, cost realism may be 
considered by the source selection authority in evaluating 
performance or schedule risk.
    (j) A written award or acceptance of proposal mailed or 
otherwise furnished to the successful offeror within the time 
specified in the proposal shall result in a binding contract without 
further action by either party.
    (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 Contractor 
Spending Plan

[[Page 67750]]

(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.

(End of Provision)

Alternate 1 (Date)

    As prescribed at 2015.209-70(e)(2), Alternate 1 may be used when 
proposals are to be evaluated on a lowest price, technically 
acceptable basis. Substitute the following paragraph for paragraph 
(b) in the clause at 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 
meeting 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 2052.215-79:
    (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.


2052.216-70  Level of effort.

    As prescribed at 2016.307-70(a) the contracting officer shall 
insert the following provision in solicitations for negotiated 
procurements containing labor costs other than maintenance services, to 
be awarded on a cost reimbursement, cost sharing, cost-plus-award-fee, 
cost-plus-fixed-fee, time and 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 considered as the sole basis for the development of the 
staffing plan. For the purposes of the Government estimate, 2000 
hours constitute a staff year.
    *To be incorporated into any resultant contract.

(End of Provision)


2052.216-71  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 2016.307-70(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)

Alternate 2 (Date)

    As prescribed at 2016.307-70(b), the contracting officer may 
insert the following clause in applicable solicitations and 
contracts where provisional rates with ceilings apply:

Indirect Costs (Ceiling)--Alternate 2 (Date)

    (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.

    *To be incorporated into any resultant contract.

(End of Clause)


2052.216-72  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 altered 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;
    (2) Reporting requirements;
    (3) Period of performance--place of performance;
    (4) Applicable special provisions;
    (5) Technical skills required; and
    (6) Estimated level of effort.
    (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 
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 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 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.
    (d) Task order award. The contractor shall perform all work 
described in definitized task orders issued by the contracting 
officer. Definitized task orders include the following:
    (1) 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)


2052.216-73  Accelerated task order procedures.

    As prescribed at 2016.506-70(b), the contracting officer may insert 
the following clause in 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 supporting cost or pricing data. If agreement 
on a definitized task order is not reached by the target date 
mutually agreed upon by the contractor and contracting officer, the 
contracting officer may determine a reasonable price and/or fee in 
accordance with Subpart 15.8 and Part 31 of the FAR, subject to 
contractor appeal as provided in 52.233-1, Disputes. In any event, 
the contractor shall proceed with completion of the task order, 
subject only to the monetary limitation established by the 
contracting officer and the terms and conditions of the basic 
contract.

(End of Clause)

[[Page 67751]]

2052.222-70  Nondiscrimination because of age.

    As prescribed at 2022.901-70, the contracting officer shall insert 
the following clause in all solicitations:

Nondiscrimination Because of Age (Jan 1993)

    It is the policy of the Executive Branch of the Government that:
    (a) Contractors and subcontractors engaged in the performance of 
Federal contracts may not, in connection with the employment, 
advancement, or discharge of employees or in connection with the 
terms, conditions, or privileges of their employment, discriminate 
against persons because of their age except upon the basis of a bona 
fide occupational qualification, retirement plan, or statutory 
requirement; and
    (b) That contractors and subcontractors, or persons acting on 
their behalf, may not specify, in solicitations or advertisements 
for employees to work on Government contracts, a maximum age limit 
for employment unless the specified maximum age limit is based upon 
a bona fide occupational qualification, retirement plan, or 
statutory requirement.

(End of Provision)


2052.227-70  Drawings, designs, specifications, and other data.

    As prescribed at 2027.305-70, the contracting officer shall insert 
the following clause in all solicitations and contracts in which 
drawings, designs, specifications, in other data will be developed and 
the NRC must retain full rights to them (except for the contractor's 
right to retain a copy for its own use). When any of the clauses 
prescribed at FAR 27.409 are included in the solicitation and contract, 
this clause will not be used.

Drawings, Designs, Specifications, and Other Data (Jan 1993)

    All drawings, sketches, designs, design data, specifications, 
notebooks, technical and scientific data, and all photographs, 
negatives, reports, findings, recommendations, other data and 
memoranda of every description relating thereto, as well as all 
copies of the foregoing relating to the work or any part thereto, 
are subject to inspection by the Commission at all reasonable times. 
Inspection of the proper facilities must be afforded the Commission 
by the contractor and its subcontractors. These data are the 
property of the Government and may be used by the Government for any 
purpose whatsoever without any claim on the part of the contractor 
and its subcontractors and vendors for additional compensation and 
must, subject to the right of the contractor to retain a copy of the 
material for its own use, be delivered to the Government, or 
otherwise disposed of by the contractor as the contracting officer 
may direct during the progress of the work or upon completion or 
termination of this contract. The contractor's right of retention 
and use is subject to the security, patent, and use of information 
provisions, if any, of this contract.

(End of Clause)


2052.231-70  Precontract costs.

    As prescribed in 2031.109-70, the following clause may be used in 
all cost type contracts when costs in connection with work under the 
contract will be incurred by the contractor before the effective date 
of the contract. Approval for use of this clause must be obtained at 
one level above the contracting officer.

Precontract Costs (Jan 1993)

    Allowable costs under this contract must include such costs 
incurred by the contractor in connection with the work covered by 
this contract during the period from * and including * to the 
effective date of this contract, as would have been allowable 
pursuant to the terms of this contract if this contract had been in 
effect during that period; provided, however, that the costs may not 
in aggregate exceed * which is included in the estimated cost of 
this contract.
    *To be incorporated into any resultant contract.

(End of Clause)


2052.235-70  Publication of research results.

    As prescribed in 2035.70(a)(1), the contracting officer shall 
insert the following clause in applicable solicitations and contracts 
for research and development by private contractors and universities 
and for other technical services as appropriate.

Publication of Research Results (Date)

    (a) The principal investigator(s)/contractor shall comply with 
the provisions of NRC Management Directive 3.8 (Vol. 3, Part 1) and 
NRC Handbook 3.8 (Parts I-IV) regarding publication in refereed 
scientific and engineering journals or dissemination to the public 
of any information, oral or written, concerning the work performed 
under this contract. Failure to comply with this clause shall be 
grounds for termination of this contract.
    (b) The principal investigator(s)/contractor may publish the 
results of this work in refereed scientific and engineering journals 
or in open literature and present papers at public or association 
meetings at interim stages of work, in addition to submitting to NRC 
the final reports and other deliverables required under this 
contract. However, such publication and papers shall focus on 
advances in science and technology and minimize conclusions and/or 
recommendations which may have regulatory implications.
    (c) The principal investigator(s) shall coordinate all such 
publications with, and transmit a copy of the proposed article or 
paper to, the NRC Contracting Officer or Project Officer, prior to 
publication. The NRC agrees to review and provide comments within 
thirty (30) days after receipt of a proposed publication. However, 
in those cases where the information to be published is subject to 
Commission approval, has not been ruled upon, or disapproved by the 
Commission, the NRC reserves the right to disapprove or delay the 
publication. Further, if the NRC disagrees with the proposed 
publication for any reason, it reserves the right to require that 
any publication not identify the NRC's sponsorship of the work and 
that any associated publication costs shall be borne by the 
contractor.

(End of Clause)


2052.235-71  Safety, Health, and Fire Protection.

    As prescribed in 2035.70(a)(2), the contracting officer shall 
insert the following clause in applicable solicitations and contracts 
for research and development by private contractors and universities 
and for other technical services as appropriate:

Safety, Health, and Fire Protection (Jan 1993)

    The contractor shall take all reasonable precautions in the 
performance of the work under this contract to protect the health 
and safety of its employees and of members of the public, including 
NRC employees and contractor personnel, and to minimize danger from 
all hazards to life and property and shall comply with all 
applicable health, safety, and fire protection regulations and 
requirements (including reporting requirements) of the Commission 
and the Department of Labor. In the event that the contractor fails 
to comply with these regulations or requirements, the contracting 
officer may, without prejudice to any other legal or contractual 
rights of the Commission, issue an order stopping all or any part of 
the work; thereafter, a start work order for resumption of work may 
be issued at the discretion of the contracting officer. The 
contractor shall make no claim for an extension of time or for 
compensation or damages by reason of, or in connection with, this 
type of work stoppage.

(End of Clause)


2052.242-70  Resolving differing professional views.

    As prescribed in 2042.570-1, the contracting officer shall insert 
the following clause in the body of cost reimbursement solicitations 
and contracts for professional services, as appropriate. This clause 
may not be altered by the contracting officer.

Resolving NRC Contractor Differing Professional Views (DPVs) (Date)

    (a) 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 judgment is 
required to document

[[Page 67752]]

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 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)


2052.242-71  Procedures for resolving differing professional views.

    As prescribed in 2042.570-2(b), the contracting officer shall 
include the following clause as an attachment to cost reimbursement 
solicitations and contracts for professional services, as appropriate. 
This clause may not be altered by the contracting officer.

Procedures for Resolving NRC Contractor Differing Professional 
Views (DPVs) (Date)

    (a) The following procedure provides for the expression and 
resolution of differing professional views (DPVs) of health and 
safety related concerns of NRC contractors and contractor personnel 
on matters connected to the subject of the contract. Subcontractor 
DPVs shall be submitted 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 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 there are sufficient funds obligated 
under the contract which are available to cover the costs of writing 
a DPV. In the event that there are insufficient obligated funds 
under the contract, the contractor shall first request the NRC 
contracting officer for additional funding to cover the costs of 
preparing the DPV and authorization to proceed.
    (d) Contract funds shall not be authorized to document an 
allegation where the use of this NRC contractor DPV process is 
inappropriate. Examples of such instances are: allegations of 
wrongdoing which should be addressed directly to the NRC Office of 
the Inspector General (OIG), issues submitted anonymously, or issues 
raised which have already been considered, 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 being brief, shall contain the following as 
it relates to the subject matter of the contract:
    (1) A summary of the prevailing NRC view, existing NRC decision 
or stated position, or the proposed or established NRC practice.
    (2) A description of the submitter's views and how they differ 
from any of the above items.
    (3) The rationale for the submitter's views, including an 
assessment based on risk, safety and cost benefit considerations of 
the consequences should the submitter's position not be adopted by 
NRC.
    (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 
provide a written decision to the contractor and the Contracting 
Officer normally within seven calendar days after receipt of the 
panel's recommendation.
    (j) 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)

    Dated at Rockville, Maryland this 9th day of November, 1998.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 98-32253 Filed 12-7-98; 8:45 am]
BILLING CODE 7590-01-P