NRC-HQ-20-16-R-0001.docx

SECTION B - Supplies or Services/Prices

B.1 NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION

(a) The title of this project is: NRC’s Annual Regulatory Information Conference (RIC).[Insert title of service to be provided].

(b) Summary work description: The objective of this contract is to procure conference space, light refreshments, and audio visual equipment, as well as set aside sleeping rooms for the RIC. The conference dates for this contract are March 14-16, 2017 (base year), March 13-15, 2018 (option year 1), and March 12-14, 2019 (option year 2).

B.2 Price/Cost Schedule

See Section J and complete each of the three price schedules. Only one of them will be chosen by the NRC to be placed into the final contract.

SECTION C – Statement of Work

C.1 Title of Project

This is a non-personal services contract/order to provide conference meeting space, light refreshments, audio visual support and sleeping rooms for the NRC’s Annual Regulatory Information Conference (RIC).[Insert title of service to be provided].

C.2 Background

The U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulation (NRR) and Office of Nuclear Regulatory Research (RES) host an annual three (3) day Regulatory Information Conference (RIC). The objective of the RIC is to provide a communication forum for the NRC and industry with regards to current and future nuclear initiatives and reactor issues.

The RIC continues to draw nearly 3,000 participants annually. With continued interest in energy sources, and renewed focus on safety and security of regulation in the nuclear arena, attendance at the RIC is expected to be well attended. The majority of RIC attendees are associated with the nuclear power industry, including manufacturers, architect/engineering firms, senior NRC officials, corporation presidents, chief executive officers and government executives, as well as head regulators and representatives of foreign countries and the general public.

The U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulation (NRR) and Office of Nuclear Regulatory Research host an annual 3-day Regulatory Information Conference (RIC). The objective of the RIC is to provide a communication forum for the NRC and industry with regards to current and future nuclear initiatives and reactor issues.The RIC continues to draw nearly 3,000 participants. With continued interest in energy sources, and renewed focus on safety and security of regulation in the nuclear arena, attendance at the RIC is expected to be well attended. The majority of RIC attendees are associated with the nuclear power industry, including manufacturers, architect/engineering firms, senior NRC officials, corporation presidents, chief executive officers and government executives, as well as head regulators and representatives of foreign countries and the general public.

C.3 Objective

The objective of this contract is to procure conference space, light refreshments, and audio visual equipment, as well as set aside sleeping rooms for the RIC. The conference dates for this contract are March 14-16, 2017 (base year), March 13-15, 2018 (option year 1), and March 12-14, 2019 (option year 2).

[Insert the primary objective of the project.i.e. “To obtain expert technical assistance services from the contractor to assist and support NRC employees in determining the safety and adequacy of nuclear power plant.”] C.4 Scope of Work/Tasks

The contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this Statement of Work (SOW). The contractor shall provide conference space, light refreshments, and audio visual equipment, as well as set aside sleeping rooms for the RIC.

The Contractor shall work with the NRR Contracting Officer Representative (COR) to perform logistical services supporting the success of the conference.

C.4.1 General Facility Requirements

ANTICIPATED ATTENDANCE

The anticipated number of attendees is 2600 – 3000 people on a flow basis.

LOCATION

The Contractor’s facility shall be no more than a .5 mile walk from a Metrorail Station on the red line between the Shady Grove Metro Station and the Metro Center Metro Station.

The Contractor’s facility shall be within a .5 mile walk of a sufficient variety of restaurants that may collectively accommodate lunch for conference attendees (estimated 2,600 – 3000 people per day) on a flow basis.

CONFERENCE DATES

It should be noted the NRC holds its meeting during the 2nd week of March.

All required meeting space shall be available for set-up at 6:00 a.m. on the shoulder move-in date, and all meeting space shall be available until 5:00 p.m. on the shoulder move-out date.

MEETING ROOMS

The Contractor’s facility shall provide meeting space large enough to accommodate the required staging and seating for all attendees theatre style at one time in a dedicated general session room. The Contractor’s facility shall also provide at least seven (7) additional breakout rooms able to hold a minimum of 125 people each theatre style with a head table set for a minimum of six (6) presenters and a standing podium, on risers if feasible, as well as provide a minimum of ten (10) other meeting rooms that shall accommodate 10-20 people conference style for private meetings, one (1) meeting room that shall accommodate up to sixty (60) people for VIP events, two (2) staff offices, one (1) speaker ready room, one (1) internet access area space, one (1) storage room for audio visual (A/V) equipment, and one (1) hospitality suite preferably located near the main meeting rooms.

The contractor shall also provide registration space and exhibit/poster space for technical poster and tabletop presentations. The Contractor shall provide poster space for a minimum of ten (10) and a maximum of thirty (30) single or double-sided 6’x4’ poster boards with schoolroom tables and chairs in front of each poster. The Contractor shall provide exhibit space to accommodate a minimum of ten (10) and a maximum of thirty (30) tabletop presentations set with one (1) to two (2) 6’ skirted tables, two (2) chairs, and 1-2 easels, as appropriate. The Contractor shall not be responsible for obtaining poster boards for the technical poster presentations.

DEPOSIT WAIVER

The Contractor agrees to waive any advance deposit requirement for the NRC under this contract.

SAFETY REQUIREMENTS

The Contractor shall provide a facility which is in full compliance with all applicable municipal, local, State and Federal safety and fire codes and requirements, including the Hotel and Motel Fire Safety Act of 1990.

C.4.2 Guest Rooms

GUEST ROOM COMMITMENT

The Contractor shall set aside 775 room nights for RIC conference attendees (both Federal Government and non-Government attendees) who will individually reserve and pay for their rooms. These room nights shall be set aside in the quantities set forth below:

In addition, the contractor shall coordinate the provision of at least fifty (50) room nights at an overflow property within 5 miles of the Contractor’s facility. Room nights shall be in the pattern set forth below:

Each year, the NRC shall review its usage of room nights from the prior year’s RIC and will identify to the Contractor the number of guest rooms to be set aside for the upcoming year. For proposal purposes, the Contractor shall assume a minimum of 775 room nights for each year of the contract.

There are no guarantees relative to the room block and actual reservations made. Reservations below the estimated number of room blocks shall bear no penalty or cost to the Government.

ROOM ATTRITION

The Contractor agrees to waive room attrition costs for the NRC.

GROUP ROOM RATES

Offered rooms for all Federal Government employees attending the RIC shall be at or below the Federal Per Diem lodging rate(s) (http://www.gsa.gov/portal/content/104877) in effect on the date(s) of the conference. The Contractor may request Government-issued identification card as proof of federal employment. The Government is exempt from Federal and State tax.

Offered rooms for non-federal conference attendees shall be at a group rate established by the Contractor. The Contractor shall charge Federal Government employees the group rate, or the Federal Per Diem lodging rate, whichever is lower.

Any fees associated with guest room cancellation or no-shows are the responsibility of, and will be incurred by, the individual, not the NRC.

Attendees will be required to make their reservations on an individual basis and are individually responsible for paying for their rooms. Confirmed reservations will be secured, and all charges paid, by the attendee. The Government will not pay for any sleeping rooms under this contract.

CUT-OFF DATE

The Contractor shall establish the date for reservation cut-off for each year. The cut-off date shall be no more than three (3) weeks prior to the official start date of the RIC. At this time, the Contractor shall review the reservation pick up for the RIC, release the unreserved rooms for general sale, and accept additional reservations based on a space and rate available basis.

CUSTOMIZED ONLINE RESERVATION PAGE

The contractor shall develop a customized “Online Reservation Page” for the RIC. This page shall contain general information about the conference facility including the hotel’s name, address, and amenities. It will also include the conference dates and RIC branding. The page shall enable guests to make their lodging reservation(s) online by populating their arrival and departure dates, number of guests in room, and number of rooms being reserved. The page shall also provide a status of available rooms in the block, which will be monitored and updated as the status changes. A draft of the customized online reservation page shall be submitted to the NRC COR for review ten (10) business days prior to the scheduled opening date of the room block. The final customized online reservation page shall be submitted to the NRC COR for approval three (3) business days from receipt of COR comments on the draft.

METHOD OF RESERVATIONS

Reservations for the RIC will be made directly with the Contractor by individual attendees. The Contractor shall set aside forty-five (45) rooms from the block of 775 rooms that will be assigned to attendees by the NRC COR. All rooms assigned by the NRC COR will be secured and paid for by individual attendees. In the event that all of the forty-five (45) rooms are not assigned by the NRC COR twenty (20) calendar days prior to the first day of the conference, they are then returned to the house inventory.

The Contractor shall provide the following information to the COR two (2) business days prior to the first day of the room block dates:

· The group rate

· Hotel phone number for making reservations for the RIC;

· Online reservation system web address; and

· Government and non-Government codes to be used by RIC attendees to obtain the conference (RIC) rates when they call or make reservations online to reserve sleeping rooms.

CHECK-IN AND CHECK-OUT

The Contractor shall specify the times for check-in and check-out. The Contractor shall do everything possible to accommodate early check-ins, especially for attendees on the rooming list.

WALK POLICY

Under the terms of this contract, the contractor shall honor all reservations it guarantees for RIC conference attendees. The rates for Government employees shall not exceed the federal government maximum lodging rate. In the event attendees with a guaranteed reservation cannot be accommodated at the RIC conference contracted hotel , the Contractor shall provide the following:

· Accommodations at an alternate comparable hotel that is located within 5 miles of the contracted hotel.

· Any difference in rates between the contracted hotel and the alternate hotel shall be borne by the contracted hotel.

· Complimentary round trip ground transportation between the contracted hotel and the alternate hotel for each day the guest is displaced.

· Endeavor to provide the conference attendee and guests holding confirmations for rooms at the contracted hotel with rooms at the contracted hotel the following day.

· The contracted hotel shall credit all room nights for walked attendees to the RIC room block.

EARLY DEPARTURE FEE

Federal Government attendees shall not be subject to an early departure fee. The Contractor shall provide their policy on early departure to non-Government attendees when confirming reservations, either verbally and electronically. The Contractor shall provide notice of, and indicate the amount of, the early departure fee both verbally and in writing to all RIC attendees upon check-in.

C.4.3 Space Requirements

DEDICATED MEETING SPACE

The Contractor shall provide dedicated meeting space for the dates shown for each calendar year under Section C.4.1.

All rooms shall be on-site at Contractor’s main location where the RIC is being held. To the greatest extent possible, all meeting rooms and spaces identified in the Meeting Rooms section shall be on the same facility level in close proximity to each other, or on adjacent floors.

The rooms shall have individual temperature, lighting and ventilation controls. The Contractor’s facility shall be in compliance with the Americans with Disabilities Act of 1990 and shall have reasonable accommodations for facility entrances, parking areas, guest rooms, conference/meeting rooms, registration area, and dining facilities.

The Contractor shall set up the rooms (attendee chairs, head tables, staging, A/V tech tables, etc.) at least ninety (90) minutes prior to the start of each meeting session. Each room shall be “refreshed” and “reset” as required during each break in the meeting schedule.

ALL SPACE HOLD

The Contractor shall reserve on a 24-hour hold the meeting rooms and spaces required for A/V move-in and set-up two (2) calendar days prior to the official start date of each RIC. The meeting room availability shall begin at 6:00 a.m. on the shoulder move-in date and end at 5:00 p.m. on the day following the conclusion of conference program for move-out

C.4.4 Refreshments The Contractor shall be prepared to provide any one of the three following break options. One of these options will be included into the contract award.

Option 1: BEVERAGE SERVICE WITH LIGHT REFRESHMENTS – Morning light refreshments shall include: coffee, tea, soft drinks, water and a selection of breakfast breads. Afternoon light refreshments shall include: coffee, tea, soft drinks, and a selection of snacks or bakery items.

Option 2: BEVERAGE SERVICE ONLY – Morning and afternoon beverage service shall include: coffee, tea, soft drinks, and water. Additionally, the Contractor shall make available for purchase as “ala carte, pay-on-your-own" concessions to include snacks and other light fare.

Option 3: CONSESSIONS ONLY – The Contractor shall make available for purchase as “ala carte, pay-on-your-own" concessions to include coffee, tea, soft drinks, and water, as well as snacks or bakery items and other light fare during morning and afternoon breaks.

The contractor shall provide morning and afternoon light refreshments as follows:

The estimated head count for breaks is as follows:

The NRC COR will work with the Contractor’s catering staff in determining selections and will confirm the final head count with the Contractor no later than ten (10) business days prior to the start of each year’s RIC.

C.4.5 Audio/Visual It is estimated that between fourteen (14) and sixteen (16) rigging points shall be required. The NRC COR will confirm the final number of rigging points with the Contractor ten (10) business days prior to the start of each year’s RIC. The Contractor shall be required to provide all necessary staging equipment (risers, side and back railing, and steps, or accessible ramps) for all plenary and breakout sessions.

Additional audio-visual services/equipment beyond what is included herein will be provided through another NRC contract. The Contractor shall cooperate with the NRC’s vendor for the additional audio-visual services/equipment. The NRC understands that the Contractor reserves the right to refuse vendors access/use of hotel infrastructure based on risk of damage due to equipment compatibility issues (ie House Sound).

PRESENTATION DISTRIBUTION NETWORK

The Contractor shall have an existing infrastructure in place for distribution of presentations via Ethernet network from one central location to all meeting rooms. The Contractor shall coordinate this effort with the NRC and their designated contractors and vendors, as required.

INTERNET ACCESS AREA

The Contractor shall provide a space to be used as an internet café during the conference. The space to be designated shall be decided by mutual agreement of the parties. The Contractor shall provide an area that shall accommodate up to ten (10) workstations. The workstations shall have five (5) desk-height tables with a minimum of 2-3 chairs each, and five (5) sets of bistro tables with a minimum of 2-3 barstools each, and up to twenty (20) perimeter seating.

Internet Connections: Contractor shall provide wifi access to accommodate up to fifty (50) users at one time in the designated internet café area. The internet access area shall be available from 6:00 am on Tuesday through 5:00 pm on Thursday.

INTERNET PACKAGE

The Contractor shall provide a flat rate for unlimited wired and wireless internet access to support the conference program for the duration of the conference, including the shoulder move-in dates (6:00am Sunday – 5:00pm Thursday). Key areas that shall require internet access include but are not limited to: general session and breakout rooms, registration, internet café, staff offices, print center, speaker ready room and/or other rooms as determined by the NRC in coordination with authorized contractors and vendors.

VIDEO CONFERENCING PACKAGE

The Contractor shall provide a flat rate for a video conferencing package that shall include all necessary services to support the conference program. The package shall include sufficient direct inward dial phone lines (not operated assisted) to be used for broadcast communications to support the conference program. The video communication lines shall support tri-BRI ISDN communication rates of 384 kbps H.320. The video communication line shall also support the capability of IP-based 384kbps H.323 as the NRC migrates towards IP-based VTC. For planning purposes, it is anticipated that four (4) DID lines may be required for the conference, one (1) for the getner phone interface, and three (3) for the ISDN VTC support lines. These DID lines and VTC IP line shall be required for three (3) days: one (1) set-up day and two (2) event days.

ELECTRICAL PACKAGE

The contract shall provide a flat fee rate for an electrical package that shall include sufficient electrical cords, cabling, extension cords and power strips necessary to support the conference program for the duration of the conference, including shoulder move-in dates (6:00am Sunday – 5:00am Thursday). For planning purposes, it is anticipated that at least four (4) 100a/208vac/3ph/GR power drops may be required for the general plenary sessions.

C.4.6 Additional Requirements

MISCELLANEOUS MEETING ROOM PACKAGE

During meeting sessions, the Contractor shall provide pads, pencils and water service in all meetings rooms. For each meeting session, Contractor shall provide easels with flip charts and markers, blackout drapes, trash and recycling receptacles, chairs, draped or skirted tables and risers, wheelchair ramps, standing and tabletop lecterns (lighted). The Contractor shall move facility furniture (sofas, tables, chairs, lamps) to accommodate setup requirements.

Contractor shall provide back drapes for plenary sessions and an additional one hundred (100) feet of back drape at locations to be determined. Contractor shall hang the NRC banner in or in close proximity to the plenary session.

Rooms shall be set for the duration of the conference, including the shoulder move-in dates (6:00am Sunday through 5:00pm Thursday).

HOUSE PHONES

The Contractor shall provide two (2) house phones for NRC use throughout the duration of the conference (from 6:00am Tuesday through 5:00pm Thursday).

SHIPPING AND RECEIVING

It is estimated that the NRC will have between 1,500 and 3,000 lbs of conference materials/equipment shipped to the conference facility. The NRC COR will coordinate all shipping and receiving with the Contractor.

CONSTRUCTION AND REMODELING

The Contractor shall provide the NRC COR with a fourteen (14) business day prior notification of any construction or remodeling to be performed in the facility that may interfere with the NRC’s RIC program, or the agreed upon housing of persons attending. In such an event, the Contractor must provide equal alternate space with the facility for satisfactory conduct of the NRC’s program or housing of persons attending. And, upon request of the NRC, shall suspend or minimize construction or remodeling, if necessary, in order to maintain a proper meeting environment. Additionally, authorized construction areas must be contained in visually appealing manner as not to detract from conference atmosphere or themes.

SERVICE GUARANTEE

The Contractor shall provide the following service standard guarantee: all function room set-ups including tables, chairs, easels, linens, A/V, etc. shall be completed at least ninety (90) minutes prior to the published function start time. China, glass and flatware shall be set and wait staff in place thirty (30) minutes prior to the start of each function. The NRC agrees to make reasonable concessions in this schedule to allow for shorter room turnovers resulting from the NRC’s program, or outside group functions.

CONFLICTING BOOKING

The Contractor shall understand that booking another event during the same or overlapping period of time may threaten the objectives of the RIC. Therefore, the NRC will provide the Contractor enough information to clearly understand the needs and objectives of the RIC. The Contractor shall be responsible for communicating to the NRC the existence of any conflicting bookings that may occur. In the event that the Contractor books an event which is in direct or indirect conflict with the activities, products, or objectives of the RIC, the NRC has the right to terminate this contract agreement without liability.

QUIET ENJOYMENT

The Contractor shall be responsible for ensuring that the NRC’s use of all function space is free from outside distractions, disturbances and interruptions. Contractor shall ensure that any events in nearby meeting spaces do not detract from RIC functions. Should NRC’s events be disturbed despite these efforts, upon notice from the NRC, the Contractor shall respond immediately to cause such disturbance to cease.

SUPPLEMENTAL SERVICES

During the course of the conference the NRC COR may identify additional A/V equipment, rental equipment and incidental items which NRC may wish to obtain from the facility. These items would be necessary to the successful operation of the conference. This contract would authorize the NRC to incur incidental expenses with the facility not to exceed $5,000. The facility shall work with the NRC COR to identify the items necessary, if any, and only at the specific direction of the NRC COR, provide these supplemental services.

RATING

To meet the needs of the RIC, the facility’s rating shall be at least equivalent to AAA three (3) diamonds. The Contractor shall guarantee all rooms to be of intermediate or superior grade based on its internal ratings standards which are shared with NRC. If at any time during the contract period the rating falls below AAA three (3) diamonds, NRC may, without penalty, terminate the contract.

C.5 Reporting Requirements The Contractor shall provide a Final Room Pick Up Report to the NRC COR within ten (10) business days following the conclusion of the conference. This report shall include the number of rooms blocked per the contract and the number of rooms actualized.

The Contractor shall provide a Final Event Report of the conference to the NRC COR within twenty (20) business days following the conclusion of the conference. This report shall include the following information: room pick-ups, cancellations and no-shows, number of sleeping rooms used in each category (singles, doubles, suites, etc.), utilization of guest room services, coffee shops, bars, and any other in-house vendor.

COR

Acceptance Criteria: Each deliverable contains all of the required information and incorporates all COR comments.

SECTION D - Packaging and Marking

D.1 NRCD020 BRANDING

The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulation.

D.2 NRCD010 PACKAGING AND MARKING

(a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

(b) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

SECTION E - Inspection and Acceptance

E.1 NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officer’s Representative (COR) at the destination, accordance with FAR 52.247-34 - F.o.b. Destination.

Contract Deliverables:

1. See C.6 of the Statement of Work.

SECTION F - Deliveries or Performance

F1. NRCF030C PERIOD OF PERFORMANCE ALTERNATE III

This contract shall commence on August 1, 2016 and will expire on July 31, 2017. The term of this contract may be extended at the option of the Government for an additional 2 option years, from August 1, 2017 to July 31, 2019.

The term of this contract may be extended at the option of the Government for an additional 6 months.

Base Period: 08/01/2016 – 07/31/2017 Option Period 1: 08/01/2017 – 07/31/2018 Option Period 2: 08/01/2018 – 07/31/2019

F.2 NRCF010 PLACE OF DELIVERY-REPORTS

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Name: TBD (1 Electronic copy) Contracting Officer’s Representative (COR)

SECTION G - Contract Administration Data

G.1 NRCG030 ELECTRONIC PAYMENT (SEP 2014)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled “Payment by Electronic Funds-Central Contractor Registration”.

To receive payment, the contractor shall prepare invoices in accordance with NRC’s Billing Instructions. Claims shall be submitted on the payee’s letterhead, invoice, or on the Government’s Standard Form 1034, “Public Voucher for Purchases and Services Other than Personal,” and Standard Form 1035, “Public Voucher for Purchases Other than Personal – Continuation Sheet.” The preferred method of submitting invoices is electronically to: NRCPayments@nrc.gov.

G.2 NRC REGISTRATION IN FEDCONNECT® (JULY 2014)

The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems’ secure and auditable two-way web portal, FedConnect®, to communicate with vendors and contractors. FedConnect® provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do business with the NRC, vendors and contractors must register to use FedConnect® at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect® must have authority to bind the vendor/contractor. There is no charge for using FedConnect®. Assistance with FedConnect® is provided by Compusearch Software Systems, not the NRC. FedConnect® contact and assistance information is provided on the FedConnect® web site at https://www.fedconnect.net/FedConnect.

SECTION H - Special Contract Requirements

H.1 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999)

(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 a brief description of the individual's role under this proposal.

H.2 2052.209-72 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 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 section.

(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.

H.3 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 these regulations to guide application of this policy guidance. The ultimate test is as follows: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage?

(c) The conflict of interest 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 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 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 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…