cfr_sections
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11 rows where agency = "DNFSB" and part_number = 1706 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.5.5.5.0.46.1 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.1 Scope; statement of policy. | DNFSB | (a) Scope. This part sets forth the guidelines, requirements, and procedures the Defense Nuclear Facilities Safety Board will follow in determining whether a contractor or offeror has an organizational or consultant conflict of interest (OCI) and in avoiding, neutralizing, or mitigating OCIs. (b) Policy. It is the policy of the Board to identify and then avoid or mitigate organizational and consultant conflicts of interest. Normally, the Board will not award contracts to offerors who have OCIs and will terminate contracts where OCIs are identified following contract award. In exceptional circumstances, the Board reserves the right to waive conflicts of interest if it determines that such action is in the best interests of the Government, pursuant to § 1706.8, and to take such mitigating measures as it deems appropriate pursuant to such section. | |||||||
| 10:10:5.0.5.5.5.0.46.10 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.10 Remedies. | DNFSB | [57 FR 44652, Sept. 29, 1992; 58 FR 13684, Mar. 12, 1993] | The refusal to provide the certificate, or upon request of the contracting officer the additional written statement, required by §§ 1706.6 and 1706.7 in connection with an award shall result in disqualification of the offeror for that award. The nondisclosure or misrepresentation of any relevant information may also result in the disqualification of the offeror for that award. If such nondisclosure or misrepresentation by an offeror or contractor is discovered or occurs after award, or in the event of breach of any of the restrictions contained in this part, the Board may terminate the contract for convenience or default, and the offeror or contractor may also be disqualified by the Board from consideration for subsequent Board contracts and be subject to such other remedial actions as provided by law or the contract. | ||||||
| 10:10:5.0.5.5.5.0.46.11 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.11 Organizational conflicts of interest certificate—Advisory or assistance services. | DNFSB | As prescribed in or permitted by § 1706.6(a), insert the following provision in Board solicitations: Organizational and Consultant Conflicts of Interest Certificate—Advisory and Assistance Services (Oct. 1990) (a) An organizational or consultant conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. (b) In order to comply with the Office of Federal Procurement Policy Letter 89-1, Conflict of Interest Policies Applicable to Consultants, the offeror shall provide the certificate described in paragraph (c) of this provision. (c) The certificate must contain the following: (1) Name of the agency and the number of the solicitation in question. (2) The name, address, telephone number, and federal taxpayer identification number of the offeror. (3) A description of the nature of the services rendered by or to be rendered on the instant contract. (4) The name, address, and telephone number of the client or clients, a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the offeror who is knowledgeable about the services rendered to each client, if, in the 12* months preceding the date of the certification, services were rendered to the Government or any other client (including a foreign government or person) respecting the same subject matter as the instant solicitation, or directly relating to such subject matter. The agency and contract number under which the services were rendered must also be included, if applicable. * If approved by the head of the contracting activity, this period may be increased up to 36 months. (5) A statement that the person who signs the certificate has made inquiry and that, to the best of his or her knowledge and bel… | |||||||
| 10:10:5.0.5.5.5.0.46.2 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.2 Definitions. | DNFSB | Advisory or assistance services means services acquired by contract to advise or assist the Board, whether with respect to its internal functions or its oversight of defense nuclear facilities, or otherwise to support or improve policy development or decisionmaking by the Board, or management or administration of the Board, or to support or improve the operation of the Board's management systems. Such services may take the form of the provision of information, advice, reports, opinions, alternatives, conclusions, recommendations, training, direct assistance, or performance of site visits, technical reviews, investigation of health and safety practices or other appropriate services. Affiliates means associated business concerns or individuals if, directly or indirectly, either one controls or can control the other or a third party controls or can control both. Board means, as the context requires, the Defense Nuclear Facilities Safety Board, its Chairman, or any other officer of the Defense Nuclear Facilities Safety Board to whom the appropriate delegation has been made under 42 U.S.C. 2286(c)(3). Contract means any contract, agreement, or other arrangement with the Board, except as provided in § 1706.3. Contractor means any person, firm, unincorporated association, joint venture, co-sponsor, partnership, corporation, or other entity, or any group of one or more of the foregoing, which is a party to a contract with the Board, and the affiliates and successors in interest of such party. The term “contractor” also includes the chief executive and directors of a party to a contract with the Board, the key personnel of such party identified in the contract, and current or proposed consultants or subcontractors to such party. The term “contractor” shall also include consultants engaged directly by the Board through the use of a contract. Defense nuclear facility means any United States Department of Energy (DOE) defense nuclear facility, as defined in 42 U.S.C. 2286g, subject to the Board's oversight. Evalu… | |||||||
| 10:10:5.0.5.5.5.0.46.3 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.3 Applicability. | DNFSB | [57 FR 44652, Sept. 29, 1992; 58 FR 13684, Mar. 12, 1993] | (a) General applicability. This part applies to contractors and offerors only, except as otherwise herein provided. This part shall be incorporated by reference and made a part of all Board contracts in excess of the small purchases threshold, except as provided in the last sentence of this § 1706.3(a). In addition, if determined appropriate by the contracting officer for the Board, this part may be incorporated by reference and made a part of Board contracts below the small purchases threshold, except as provided in the last sentence of this § 1706.3(a). This part does not apply to the acquisition of services, including, without limitation, consulting services, through the personnel appointment process or to Board agreements with other federal government agencies, but shall apply to Board agreements with the management and operating contractors (and subcontractors and consultants thereto) of the National Laboratories. (b) Subcontractors and consultants. The requirements of this part shall also apply to subcontractors and consultants proposed for, or working on, a Board contract, in each case where the amount of the subcontract or consultant agreement under which such subcontractor or consultant is or will be working is expected to exceed $10,000, and in each other case where the contracting officer for the Board deems it appropriate to make the requirements of this part applicable to a subcontractor or consultant proposed for, or working on, a Board contract. The certificates or disclosures submitted by offerors or contractors pursuant to this part shall include certificates or disclosures from all subcontractors and consultants to contractor or offerors in those cases where this part applies by its terms to such subcontractors or consultants or has been applied to such persons by the contracting officer. Contractors and offerors shall assure that contract clauses giving effect to this § 1706.3(b), satisfactory to the contracting officer, are included in subcontracts and consultant agreements of any tier in… | ||||||
| 10:10:5.0.5.5.5.0.46.4 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.4 Head of the contracting activity. | DNFSB | The head of the contracting activity for the Board shall be the General Manager. | |||||||
| 10:10:5.0.5.5.5.0.46.5 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.5 General rules. | DNFSB | [57 FR 44652, Sept. 29, 1992; 58 FR 13684, Mar. 12, 1993] | (a) Award of Contracts. Contracts shall generally not be awarded to an offeror: (1) For any services where the award would result in the offeror evaluating products or services it has provided to the Board, is then providing to the Board, or is then offering to provide for the Board; (2) For evaluation activities or research related to the Board's oversight of defense nuclear facilities, where the award would result in the offeror evaluating products or services it has provided, is then providing, or is then offering to provide to DOE or to contractors or subcontractors for defense nuclear facilities; or (3) For any other services (the acquisition of which is otherwise covered by this part), where the Board has determined, pursuant to § 1706.7, that an actual or potential OCI exists and cannot be avoided, and the Board does not waive that OCI. Paragraphs (a) (1) and (2) of this section also apply when award would result in evaluation of products or services of another entity where the offeror has been, is, or would be substantially involved in the development of the product or performance of the service, or has other substantial involvement regarding the product or services. (b) Subsequent related contracts. (1) A Board contractor under a Board contract shall normally be ineligible to participate in Board contracts or subcontracts that stem directly from the contractor's performance of work under a previous Board contract, where the Board determines that an OCI would exist because: (i) The expectation of receiving the subsequent contract is likely to diminish the contractor's capacity to give impartial assistance and advice, or otherwise result in a biased work product; or (ii) An offeror on the subsequent contract would have an unfair competitive advantage by virtue of having performed the first contract. (2) If a contractor under a Board contract prepares a complete or essentially complete statement of work or specifications in the performance of a contract, the contractor shall be ineligible to perf… | ||||||
| 10:10:5.0.5.5.5.0.46.6 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.6 Solicitation provisions. | DNFSB | [57 FR 44652, Sept. 29, 1992; 58 FR 13684, Mar. 12, 1993] | (a) Advisory or assistance services. There shall be included in all formal Board solicitations for advisory or assistance services where the contract amount is expected to exceed $25,000 (or the then applicable small purchases threshold), a provision requiring a certificate representing whether award of the contract to the offeror would present actual or potential OCIs. Apparent successful offerors will be required to submit such certificates, but the Board may also require such a certificate to be submitted in other circumstances, such as: (1) Where the contracting officer has identified certain offerors who have passed an initial screening and has determined that it is appropriate to request the identified offerors to file the certificate in order to expedite the award process; or (2) In the case of modifications for additional effort under Board contracts, except those issued under the “changes” clause. If a certificate has been previously submitted with regard to the contract being modified, only an updating of such statement shall be required for a contract modification. In addition, if determined appropriate by the contracting officer for the Board, such certificates may be required in connection with any other contracts subject to this part or in which this part has been incorporated by reference. (b) Marketing consultant services. There shall further be included in all Board solicitations, except sealed bids, where the contract amount is expected to exceed $200,000, a provision requiring an organizational conflicts of interest certificate from any marketing consultants engaged by an offeror in support of the preparation or submission of an offer for a Board contract by that offeror. | ||||||
| 10:10:5.0.5.5.5.0.46.7 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.7 Procedures. | DNFSB | [57 FR 44652, Sept. 29, 1992; 58 FR 13684, Mar. 12, 1993] | (a) Pre-award disclosure and resolution of OCIs. If a certificate under § 1706.6 indicates, or the Board otherwise learns, that actual or potential OCIs could be, or would appear to be, created by contract award to a particular offeror, the Board shall afford the affected offeror an opportunity to provide in writing all relevant facts bearing on the certificate. If the Board thereafter determines that an actual or potential OCI exists, one of the following actions shall ultimately be taken: (1) Disqualify the offeror; (2) Include in the contract appropriate terms and conditions which avoid the conflict, in which case no waiver is required; or (3) Make a finding that it is in the best interests of the Government to seek award of the contract under the waiver provisions of § 1706.8, and, where reasonably possible, include contract terms and conditions or take other measures which mitigate such conflicts. (b) Post-award disclosure and resolution of OCIs. (1) If, after contract award, the contractor discovers actual or potential OCIs with respect to the contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement shall include a description of the action that the contractor has taken or proposes to avoid or mitigate such conflicts. (2) If a disclosure under this section indicates, or the Board otherwise learns, that actual or potential OCIs exist, the Board may afford the contractor an opportunity to provide all relevant facts bearing upon the problem. If at any time the Board determines that an actual or potential OCI exists, one of the following actions shall ultimately be taken: (i) Terminate the contract, or, in the case of a task order contract, terminate the particular task; (ii) Insist on appropriate contract terms and conditions which avoid the OCIs, in which case no waiver is required; or (iii) Make a finding that it is in the best interests of the Government to permit the contractor to continue to perform the contract (or task) under the waiver p… | ||||||
| 10:10:5.0.5.5.5.0.46.8 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.8 Waiver. | DNFSB | (a) Waiver of OCIs. The need for a waiver of any OCI in connection with the award or continuation of specific contracts may be identified either by the contracting officer for the Board or other Board employee or by a written request filed by an offeror or contractor with the contracting officer. The request may be combined with the certificate or disclosure required under §§ 1706.6 or 1706.7, or with additional statements filed under § 1706.7 regarding matters raised in the certificate or disclosure. The contracting officer shall review all of the relevant facts brought to his attention and shall bring the matter to the General Manager, who shall make a written recommendation to the Chairman of the Board regarding whether a waiver should be granted for a contract award or for continuation of an existing contract. (b) Criteria for Waiver of OCIs. (1) The Chairman is authorized to waive any OCI (and the corresponding provision of § 1706.5 where applicable) upon a determination that awarding or extending the particular contract, or not terminating the particular contract, would be in the best interests of the Government. Issuance of a waiver shall ordinarily be limited to those situations in which: (i) The work to be performed under contract is vital to the Board program; (ii) The work cannot be satisfactorily performed except by a contractor or offeror whose interests give rise to a question of OCI; and (iii) Contractual and/or technical review and supervision methods can be employed by the Board to mitigate the conflict. (2) The Chairman is also authorized to waive any OCI (and the corresponding provision of § 1706.5 where applicable), without regard to the foregoing factors, if the Chairman determines, notwithstanding the existence of the OCI, that it is in best interests of the Government to award or extend the particular contract, or not to terminate it, without compliance with § 1706.8(b)(1). (c) Waiver of Rules or Procedures. The Chairman is also authorized to waive any rules or procedures contai… | |||||||
| 10:10:5.0.5.5.5.0.46.9 | 10 | Energy | XVII | 1706 | PART 1706—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTERESTS | § 1706.9 Examples. | DNFSB | [57 FR 44652, Sept. 29, 1992; 58 FR 13684, Mar. 12, 1993] | The examples in this section illustrate situations in which questions concerning OCIs may arise. The examples are not all inclusive, but are intended to provide offerors and contractors with guidance on how this subpart will be applied. (a) Circumstances —(1) Facts. A Board contractor for technical assistance in the review of a safety aspect of a particular defense nuclear facility proposes to use the services of an expert who also serves on an oversight committee for a contractor of other defense nuclear facilities. (2) Guidance. Assuming the work of the oversight committee has no direct or indirect relationship with the work at the facility that is the subject of the Board's contract, there would not be an OCI associated with the use of this expert in the performance of the Board contract. (b) Circumstances —(1) Facts. A Board contractor studying the potential for a chemical explosion in waste tanks at a defense nuclear facility advises the Board that it has been offered a contract with DOE to study the chemical composition of the waste in the same tanks. (2) Guidance. The contractor would be advised that accepting the DOE contract would result in termination of its performance under its contract with the Board. (c) Circumstances —(1) Facts. The Board issues a task order under an existing contract for the evaluation of the adequacy of fire protection systems at a defense nuclear facility. The contractor then advises the Board that it is considering making an offer on a solicitation by DOE to evaluate the same matter. (2) Guidance. The contractor would be advised that entering into a contract with DOE on that solicitation could result in the contract with the Board being terminated. (d) Circumstances —(1) Facts. A firm responding to a formal Board solicitation for technical assistance provides information regarding a contract it currently has with DOE. The effort under the DOE contract is for technical assistance work at DOE facilities not subject to Board oversight and outside its juris… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);