Amendment No 2.docx

TO ALL POTENTIAL OFFERORS:

SUBJECT: AMENDMENT TWO (2) TO NRC-RFP-41-10-013

The purpose of this amendment is to provide clarifications based on questions received from potential offerors. The due date for submittal of proposals remains unchanged, at no later than 1:00 p.m. EST on Monday, May 24, 2010.

Responses to Questions:

SECTION H.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993) Question: Under (c)(1), “the contractor agrees to forego entering into consulting or other contractual agreements with any firm or organization in the result which may give rise to a conflict of interest with respect to the work being performed under this contract”. Can NRC please clarify what constitutes a conflict of interest under this clause? If possible, please provide some examples.

NRC Response: Please refer to NRCAR Section 2009.570-3 Criteria for recognizing contractor organizational conflicts of interest. (http://www.nrc.gov/about-nrc/contracting/48cfr-ch20.html#_1_73), which cites five examples.

Question: Under H.1 2052.209-72, are subcontractors held to the same requirements as the prime contractor in terms of conflict of interest under a task order agreement? In other words, could a subcontractor recluse themselves from a task order because of a perceived conflict of interest without jeopardizing the prime contractor or any other subcontractors’ ability to pursue the aforementioned task order?

NRC Response: Subcontractors are held to the same requirements as the prime contractor in respect to conflict of interest. The Offeror must disclose all potential conflict of interest for the prime and each proposed subcontractor at the time of proposal submission. An offeror can propose a subcontractor with a potential COI if they stipulate that the contractor will recuse themselves from work that gives rise to a COI. However, the NRC would need to make a determination on a case-by-case basis as to the acceptability of that subcontractor based on the specific facts/circumstances of the COI issue.

Prior to issuance of each individual task order, the prime contractor will be required to confirm in writing that no conflict of interest exists.

Question: Would a prime contractor or subcontractor have a perceived conflict of interest if they choose to pursue work with a firm or organization that has had or will have any dealings with NRC now or in the future, even if those dealings are not related to the technical work or sites that are the subject of this RFP?

NRC Response: NRC would need to make a determination on a case by case basis after reviewing all the circumstances/facts.