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) (OCT 1999)
(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 must 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 specified eight hour limit.
(c) Before 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. If 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. 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, must 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)
PARTS 2053 2099 [RESERVED] CHAPTER 21--OFFICE OF PERSONNEL MANAGEMENT, FEDERAL EMPLOYEES GROUP LIFE
INSURANCE FEDERAL ACQUISITION REGULATION
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SUBCHAPTER A--GENERALPart Page2100 [Reserved] 2101 Federal Acquisition Regulations System...... 4052102 Definitions of words and terms.............. 4062103 Improper business practices and personal
conflicts of interest................... 4072104 Administrative matters...................... 408
SUBCHAPTER B--ACQUISITION PLANNING2105 Publicizing contract actions................ 4092106 Competition requirements.................... 4092109 Contractor qualifications................... 4092110 Specifications, standards, and other
purchase descriptions................... 410
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES2114 Sealed bidding.............................. 4122115 Contracting by negotiation.................. 4122116 Types of contracts.......................... 415
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS2122 Application of labor laws to Government
acquisitions............................ 4172124 Protection of privacy and freedom of
information............................. 417
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS2128 Bonds and insurance......................... 4182129 Taxes....................................... 4182131 Contract cost principles and procedures..... 419 2132 Contract financing.......................... 4212133 [Reserved]
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING2137 Service contracting......................... 423
SUBCHAPTER G--CONTRACT MANAGEMENT2143 Contract modifications...................... 4242144 Subcontracting policies and procedures...... 4242146 Quality assurance........................... 4242149 Termination of contracts.................... 425
SUBCHAPTER H--CLAUSES AND FORMS2152 Precontract provisions and contract clauses. 4272153-2199
[Reserved]
SUBCHAPTER A_GENERAL