[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR2009.100]

[Page 361-362]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 20--NUCLEAR REGULATORY COMMISSION
 
Sec. 2009.100  NRC policy.

    (a) It is NRC policy that only competitively awarded contracts shall 
be placed with an individual who was employed by the NRC within two 
years from the date of the Request for Procurement Action. This policy 
also applies to:
    (1) The noncompetitive award of contracts to organizations where 
former NRC employees have dominant ownership interests in the 
organization, such as partners or majority stockholders;
    (2) The noncompetitive award of contracts to organizations where 
former NRC employees have dominant management interests, such as 
principal officers, or where the organization is predominantly staffed 
by former NRC employees; and
    (3) The noncompetitive award of contracts, task orders or other NRC 
work assignments where the particular assignment is to be performed by 
designated former NRC employees, including principal investigators, key 
personnel, and others who will perform more than a nominal amount of the 
work in question.

[[Page 362]]

    (b) The following procurement actions are considered noncompetitive 
for the purposes of this policy:
    (1) Contracts awarded noncompetitively under the Small Business 
Administration's 8(a) Program;
    (2) Individual task orders if the former employee was not identified 
as ``key personnel'' in a proposal which was evaluated under competitive 
procedures;
    (3) Unsolicited proposals;
    (4) Subcontracts that require review for the purpose of granting 
consent under NRC prime contracts.
    (c) The term NRC employee includes special Government employees 
performing services for NRC as experts, advisors, consultants, or 
members of advisory committees, if--
    (1) The contract arises directly out of the individual's activity as 
a special employee;
    (2) The individual is in a position to influence the award of the 
contract; or
    (3) The Contracting Officer determines that another conflict of 
interest exists.
    (d) A justification explaining why it is in the best interest of the 
Government to contract with an individual or firm described in 
paragraphs (a) and (b) of this section on a noncompetitive basis may be 
approved by the Senior Procurement Executive after consulting with the 
Executive Director for Operations. This is in addition to any 
justification and approvals which may be required by the FAR for use of 
other than full and open competition.
    (e) Nothing in this policy statement relieves former employees from 
obligations prescribed by law, such as 18 U.S.C. 207, Restrictions on 
Former Officers, Employees, and Elected Officials of the Executive and 
Legislative Branches.