§ 9-56.204

Proprietary information. Proprietary information furnished to the Contractor Selection Board in confidence, as members of the AEC staff, shall not be made available to contractors or consultants without the consent of the proposer.

Subpart 9-56.3-Review and
Approval of Selection Actions

§ 9-56.301 Approval of proposed selection actions.

(a) Unless approval of higher authority is required (for field offices, see AECPR 9-56.302, and for Headquarters divisions, see AECPR 9-56.303), the final decision on selection actions is the responsibility of the designating official. These actions include the establishment of the Selection Board, criteria and weighting, proposed list of invitees, requests for proposals, the Board's recommendation of firms to be given final consideration, and approval of the final selection.

(b) Field selection actions requiring Headquarters review and approval shall be transmitted to the Director, Division of Contracts for review and appropriate handling and submission by the Director, Division of Contracts to the appropriate Headquarters Division Director for his approval or for recommendation to higher authority where required (Note A).

(c) To facilitate action on final field selections of architect-engineer and construction contractors that require Headquarters review and approval, the designating official shall inform both the Director, Contracts Division, Headquarters, and the Director, Construction Division, Headquarters, of the list of firms which submitted proposals and the list of firms under final consideration.

NOTE A: Selection actions of Pittsburgh Naval Reactors Office and Schenectady Naval Reactors Office will be transmitted through Manager, Naval Reactors, Division of Reactor Development; and selection actions from field offices of the Space Nuclear Propulsion Office shall be transmitted through the Manager, Space Nuclear Propulsion Office, Division of Reactor Development.

(1) Selection of a contractor where it is estimated that the resulting definitive contract or subcontract will exceed the delegated authority of the Manager of the Field Office;

(2) Selection of an architect-engineer contractor or subcontractor where the related construction costs are estimated to exceed $5,000,000 or where the A-E contract is estimated to exceed $500,000, if related construction costs cannot be determined;

(3) Selection of a contractor to operate a Government-owned facility;

(4) Selection of a contract or subcontractor for a new or unusual contractual arrangement;

(5) Selection of a contractor or subcontractor for a type of undertaking likely to provoke unusual interest, including Power Demonstration Program; (6) Selections which Headquarters specifically requests be submitted.

(b) If a proposed contractor selection will require Headquarters approval in accordance with paragraph (a) of this section, the following proposed Contractor Selection Board actions will be submitted in advance of sending the request for proposals to prospective firms:

(1) Requests for proposals, list of proposed invitees, and the criteria and weighting recommended for use in evaluating proposals;

(2) Requests to include on the initial list of firms an architect-engineer or construction firm which is excluded by AECPR 9-56.405;

(3) Utilization as a factor in the selection of contractors the availability to a prospective firm of personnel possessing active AEC access authorizations.

§ 9-56.303 Selection actions requiring the approval or attention of the Commission.

Actions which are subject to Commission approval, or which are to be brought to the attention of the Commission, include:

(a) Cooperative Power Demonstration Program contracts, which must be submitted to the Joint Committee on Atomic Energy;

(b) Contract actions involving estimated costs for the contract period in excess of $10,000,000;

(c) The selection of a new contractor to operate a Government-owned facility; (d) The selection of a new on-site service-type contractor where the

estimated cost of the work to be performed for the contract period exceeds $1,000,000;

(e) All contractual matters of a new or unusual nature, or matters likely to provoke unusual public interest, and all prime contracts with foreign parties in excess of $300,000;

(f) Any other action which the Commission specifically designates in advance in accordance with existing reporting procedures.

§ 9-56.305 Supporting data for selection requiring Headquarters approval.

Final recommended selections for Headquarters approval shall be submitted in six copies and include:

(a) Copies of the request for proposals, including a brief statement of scope of work;

(b) Estimated amount of contract; (c) Name of firms under final consideration;

(d) Short summary of basis for selection, including copy of the Contractor Selection Board report;

statement by

(e) Recommendation the designating official, including the name of the firm recommended for selection.

Subpart 9-56.4-Policy Governing Particular Types of Contracts

§ 9-56.401 Replacement of contractors operating AEC-owned plants or laboratories.

(a) Where any of the following conditions exist, contractors operating AECowned plants or laboratories at AECowned locations are subject to replacement at the time their contracts are proposed for extension, and they will not be considered for selection to continue to operate such plants or laboratories, unless that action would be contrary to the Government's interest and if other qualified firms are available:

(1) Marginal performance;

(2) Conflict of interests between commercial and contract activities when found to outweigh the advantages of using contractors who are demonstrating a sufficient interest in the field of atomic energy to have maintained their own commercial programs and thus are assisting in establishing a private, competitive nuclear industry; or

(3) Overconcentration of the firm's activities in the Atomic Energy Commission's program.

(b) Where any of the following conditions apply, the normal selection process (i.e., requesting proposals from industry and others) will be considered for the selection of contractors described in paragraph (a) of this section at the time such existing contracts are proposed for extension, if qualified firms are available:

(1) Where the existing operating contractor's performance is considered not better than average; or

(2) Where the circumstances underscore the high desirability of giving adequate opportunity to other organizations to compete for the business of supplying services to the AEC.

§ 9-56.402 Replacement of service-type contractors performing services of a continuing nature for the AEC at AEC-owned locations.

The normal selection process as provided for in AECPR 9-56 will be used for the selection of service-type contractors performing services of a continuing nature for the AEC at AEC-owned locations at the expiration of the current contract term of such existing contractors, unless the AEC determines that replacement of the existing contractor would be clearly adverse to the best interests of the Government.

§ 9-56.403

Selection of new on-site service contractors.

Normally a firm will not be considered for selection for an on-site service contract where the work to be performed under the AEC contract, together with work being performd for other Government agencies and others, would place the firm in a predominant position in a field of industrial activity germane to the contract work, unless that action would be contrary to the Government's interest and if other qualified firms are available.

§ 9-56.404 Selection of research and development contracts for work in commercial facilities.

In selecting recipients of research and development work, it is basic AEC policy to assign the work where it can be done most effectively and efficiently. Where it is otherwise appropriate to assign the work to a commercial concern, it is also

the policy of the AEC to make such wide distribution of contract awards as will encourage broad participation by qualified research and development contractors performing work in their own facilities in order to:

(a) maintain a competitive industrial base; and

(b) prevent firms from attaining a predominant position in a major segment of the atomic energy industry.

§ 9-56.405

Selection of contractors for engineering and construction work. (a) It is the policy of the AEC to encourage broad participation by qualified architect-engineers and constructors in the atomic energy programs to the fullest extent practicable in order to:

(1) Avoid undue concentration of work with any firm or group of firms in a particular field of work (architectengineer or construction); and

(2) Develop and maintain a broad base of contractors with atomic energy experience and/or nuclear capability which may be used for AEC or commercial requirements (Note A).

(b) A firm currently under contract to AEC or to a cost-type AEC contractor shall not be invited to submit a proposal for work in the same field if the proposed project would be performed concurrently

with the existing contract and if the estimated cost of the new construction work involved is in excess of $10,000,000, or the estimated cost of the architect-engineer services is in excess of $1,000,000 where a construction cost estimate cannot be determined. If, for cogent reasons, the designating official believes that such a firm should be invited, approval shall be obtained from the Division of Contracts in accordance with Subpart 9-56.3.

This requirement shall not apply to: (1) Firms currently engaged only on AEC fixed-price construction contracts awarded as a result of formal advertising or invited bids;

(2) Any firm currently engaged on AEC contracts, the total of which involves construction costs of less than $10,000,000; or

(3) Any architect-engineer firm after it has completed Title II work, exclusive of checking shop drawings, even though it still has Title III inspection services to perform.

NOTE A: Normally, only those firms which are compatible with the size and complexity of the job requirements should be invited; that is for a small relatively simple job, firms whose resources and qualifications are far in excess of the job requirements should not be solicited, and where size and simplicity of the job permit, invitees should be limited to the geographic area of the job.