[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: 48CFR2009.570-1]

[Page 364]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 20--NUCLEAR REGULATORY COMMISSION
 
Sec. 2009.570-1  Scope of policy.

    (a) It is the policy of NRC to avoid, eliminate, or neutralize 
contractor organizational conflicts of interest. The NRC achieves this 
objective by requiring all prospective contractors to submit information 
describing relationships, if any, with organizations or persons 
(including those regulated by the NRC) which may give rise to actual or 
potential conflicts of interest in the event of contract award.
    (b) Contractor conflict of interest determinations cannot be made 
automatically or routinely. The application of sound judgment on 
virtually a case-by-case basis is necessary if the policy is to be 
applied to satisfy the overall public interest. It is not possible to 
prescribe in advance a specific method or set of criteria which would 
serve to identify and resolve all of the contractor conflict of interest 
situations that might arise. However, examples are provided in the 
regulations in this chapter to guide application of this policy 
guidance. The ultimate test is as follows: Might the contractor, if 
awarded the contract, be placed in a position where its judgment may be 
biased, or where it may have an unfair competitive advantage?
    (c) The conflict of interest rule contained in this subpart applies 
to contractors and offerors only. Individuals or firms who have other 
relationships with the NRC (e.g., parties to a licensing proceeding) are 
not covered by the regulations in this chapter. This rule does not apply 
to the acquisition of consulting services through the personnel 
appointment process. NRC agreements with other Govern ment agencies, 
international organizations, or state, local, or foreign Governments. 
Separate procedures for avoiding conflicts of interest will be employed 
in these agreements, as appropriate.