[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: 48CFR2052.242-71]

[Page 403-404]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 20--NUCLEAR REGULATORY COMMISSION
 
Sec. 2052.242-71  Procedures for Resolving Differing Professional Views.

    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.

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    (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)

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