[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: 48CFR2009.570-5]

[Page 368-369]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 20--NUCLEAR REGULATORY COMMISSION
 
Sec. 2009.570-5  Contract clauses.

    (a) General contract clause. All contracts and simplified 
acquisitions of the types set forth in 2009.570-4(b) must

[[Page 369]]

include the clause entitled, ``Contractor Organizational Conflicts of 
Interest,'' set forth in 2052.209-72.
    (b) Other special contract clauses. If it is determined from the 
nature of the proposed contract that an organizational conflict of 
interest exists, the contracting officer may determine that the conflict 
can be avoided, or, after obtaining a waiver in accordance with 
2009.570-9, neutralized through the use of an appropriate special 
contract clause. If appropriate, the offeror may negotiate the terms and 
conditions of these clauses, including the extent and time period of any 
restriction. These clauses include but are not limited to:
    (1) Hardware exclusion clauses which prohibit the acceptance of 
production contracts following a related non-production contract 
previously performed by the contractor;
    (2) Software exclusion clauses;
    (3) Clauses which require the contractor (and certain of its key 
personnel) to avoid certain organizational conflicts of interest; and
    (4) Clauses which provide for protection of confidential data and 
guard against its unauthorized use.