SCO_PELE_Questions_and_Answers.pdf

Pele Program Questions & Answers

Q: Is the Request for Solutions (RFS) open to anybody that wishes to bid, or will it be closed to those that responded to the Request for Information?

A: It will be open.

Q: How many Phase I awardees will be chosen?

A: There is no specific commitment at this time, but the government expects to select a minimum of two designs for Phase I.

Q: What level funding will Phase I be?

A: 6.3 funding (Advanced Technology Development).

Q: Is a company ineligible if it has foreign investors or a foreign parent company?

A: No, but a Foreign Ownership, Control or Influence (FOCI) mitigation plan must be completed and approved by the Defense Security Service (DSS) by contract award. You may submit an RFS if you have FOCI, but you must provide information regarding your mitigation status. Your company will not be overlooked if you are currently processing FOCI mitigation. Please contact dss.quantico.dss-hq.mbx.foci-operations@mail.mil with any FOCI questions.

Q: Which codes and standards will be used when military and industry standards conflict?

A: This will be addressed in the RFS.

Q: Can money awarded in Phase I be used to manufacture parts for a Phase II prototype?

A: No.

Q: Will NRC be part of the design review?

A: NRC will not be involved in selection of awardees, but they will be providing guidance and assistance during Phase I.

Q: Will nuclear fuel be provided?

A: SCO will provide fuel material as specified in the RFS.

Q: Do DOE/NRC clearances count, or must one get security clearance through the DOD?

A: There are U.S. government clearances, such as a DOE Q, that can cross over to the DOD.

Q: Will there be assistance to get security clearances needed to participate in Pele?

A: SCO cannot expedite the security clearance process and will expect the industry team to have cleared personnel during Phase I.

Q: Will SCO dictate which FFRDCs or other partners the prime contractors must work with?

A: No. It is the responsibility of contractors to identify their partners.

mailto:dss.quantico.dss-hq.mbx.foci-operations@mail.mil mailto:dss.quantico.dss-hq.mbx.foci-operations@mail.mil

Q: Will SCO assist contractors with finding partners, and particularly partners to ensure qualification for an Other Transactional Authority (OTA)?

A: No, but we are happy to discuss and answer further questions about the OTA process from companies unfamiliar with them.

Q: Is a cost-share required to qualify for an OT?

A: No, but a contractor must meet one of the eligibility requirements outlined in 10 U.S.C. § 2371b.

These conditions are: All participants are small businesses or nontraditional defense contractors; at least one nontraditional defense contractor or non-profit research institution participates to a significant extent in the prototype project; at least 1/3 of total costs will be paid by parties to the OT other than the Government; or the Senior Procurement Executive for the agency determines, in writing, that exceptional circumstances justify the use of an OT.

Q: What type of OTA will Pele be using?

A: The authority relied upon for any OTs awarded as part of this program is expected to be 10 U.S.C. § 2371b.

Q: Will SCO need to approve all subcontractors down to individual consultants?

A: Prime contractors can retain subcontractors and consultants as needed to work on this program, so long as the subcontractor meets program security requirements (e.g., U.S. citizen and proper security clearance). An approved subcontractor has similar flexibility to use consultants to work on Pele, so long as they meet the program security requirements as well.

Q: How will SCO avoid over-classifying IP and constricting the ability of prime contractors to use their technology for commercial purposes?

A: OTs permit a flexible approach to IP rights, including data rights. IP rights are fully negotiable under all types of OTs. Negotiated IP clauses are expected to consider the project goals, including any likely commercialization of the research or production and follow-on support of the prototype, and balance the relative investments and risks borne by the parties both in past development of the technology and in future development and maintenance of the technology. The Government does not intend to restrict unnecessarily the ability of performers to develop any technology for commercial purposes. However, there will be security requirements applied to protect certain, specific program details and associated information which is necessary for national security.

Q: How will SCO deal with patents, to ensure that companies can keep the rights to their technology without publishing classified information?

A: OTs similarly permit a flexible approach to patent rights. Any patents rights clause will be negotiated to accomplish program objectives and foster the Government’s interest while balancing the needs of the performer. In determining what represents a reasonable arrangement under the circumstances, the Government’s needs for patents and patent rights to use the developed technology will be considered, along with what other IP rights might be needed should an agreement provide for trade secret protection instead of patent protection.

Q: Will each contractor be expected to independently work with DOE and other regulatory agencies on regulatory approvals such as NEPA?

A: No. SCO will coordinate regulatory compliance with the prime contractors. Prime contractors will be required to support SCO’s regulatory compliance efforts.

Q: How will nuclear liability/indemnification be dealt with?

A: Any performer request concerning nuclear liability/indemnification will be negotiated. Consistent with Public Law 85-804 as implemented by Department regulations, requests will require specific supporting information from the performer describing the circumstances of the nuclear risks and available insurance coverage. If endorsed by the Agreements Officer, a request will be routed for action to the competent authority within the Department.

Q: Will SCO need to approve every vendor from which material is purchased?

A: SCO needs to approve subcontractors. SCO requests to be informed of foreign vendors, but in cases where they are not involved in or aware of design (e.g. bulk raw materials, office equipment), SCO may not require explicit approval.