UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

September 8, 2011 

VENDOR COMMUNICATION PLAN 

This Vendor Communication Plan represents a commitment by the U.S. Nuclear Regulatory 

Commission (NRC) to promote increased dialogue with the vendor community prior to awarding 

contracts. 

Introduction 

Communications with potential suppliers should occur early and frequently to gain better 

product and service information. This is the subject of the Office of Federal Procurement 

Policy’s guidance issued to Federal agencies on February 2, 2011. 

Increased emphasis on frequent information exchanges with industry is intended to improve the 

quality of the agency’s market research efforts, and should be conducted in a fair, level, and 

transparent manner. While recent attention has been on expanding dialogue with the vendor 

community, this is not a new requirement. In fact, the Federal Acquisition Regulation (FAR) 

15.201 encourages such exchanges between the Government and interested parties, from the 

earliest identification of a requirement through receipt of proposals. 

Agency officials are encouraged to engage in more frequent information exchanges with 

vendors, particularly during the pre-solicitation phase, especially for high dollar, more complex 

procurements, so long as sensitive or proprietary information is protected on behalf of the 

Government and vendors alike. Exchanges with the public can be very beneficial and result in: 

(a) greater clarity of agency requirements; (b) increased awareness of industry products and 

services; (c) better business decisions made by vendors about their private sector investments 

in products or services available to the agency; (d) increased competition, including greater use 

of small businesses in subcontracting opportunities; (e) greater use of small business set 

asides; (f) more favorable pricing; (g) increased cost savings; (h) more realistic expectations 

about marketplace capabilities; (i) higher quality contract deliverables; and (j) fewer 

performance problems, to name a few. 

Proper communication exchanges with vendors can add significant value to and create 

efficiencies in: solicitation development, proposal preparation, proposal evaluation, discussions, 

and contract award processes. 
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The NRC is committed to: 

1. Engaging in timely, constructive and professional information exchanges with the vendor 

community, with an emphasis on high dollar, complex procurements. 

2. Ensuring that small businesses and other businesses alike are included in 

communications about agency requirements through agency postings and vendor 

outreach efforts, in coordination with the agency’s Small Business Program, Office of 

Small Business and Civil Rights. 

3. Reducing unnecessary communication barriers will include overcoming any negative 

stigmas in the agency associated with government and vendor dialogue, through 

education and awareness campaigns (i.e., town hall meetings with CORs, e-mail 

messages, SharePoint resources). Specifically, 

• NRC will address concerns that agency staff may have about meetings with vendors, 

particularly in one-on-one situations, regarding procurements. 

• This Vendor Communication Plan serves as the cornerstone for agency guidance 

governing future engagement opportunities with the vendor community, and will be 

updated annually and disseminated to employees, including CORs, to ensure 

common understanding, consistent application, transparency, and fairness. 

• The agency will provide guidance to NRC employees on the conduct of 

communications with vendors and disseminate best practices to employees. In 

addition to ensuring that vendor communications are conducted in a manner that is 

proper and beneficial, this education campaign will help assuage concerns that 

inhibit communication with vendors. 

4. Reducing unnecessary barriers to attract new vendors and enhance competition, 

especially where there is a pattern of receiving only one quotation or proposal. General 

examples of barriers to competition may include: (a) overly restrictive statements of 

work (SOW) and/or evaluation criteria, (b) short proposal response times, (c) insufficient 

market research, and (d) highly specialized work requirements in the nuclear industry. 

Efforts to reduce such barriers include: 

• NRC’s Acquisition Instruction number 96-06 requires contract specialist to note any 

reasons why only one proposal or quote was received under FSS schedule 

purchases. Time permitting, the specialist seeks additional quotes or grants 

additional time for the preparation of quotes. This similar process will also be applied 

broadly to any situation where only one proposal or quotation is received. 

• NRC’s Management Directive 11.1, “NRC Acquisition of Supplies and Services,” 

discourages restrictive SOWs and solicitations, and the agency’s April 2011 

“Acquisition Guidebook for Project Officers and Project Managers” discourages 

unnecessary barriers to competition. Additional information will be provided to 

employees in the form of training and office communications to inform them of 
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methods to reduce barriers to competition, including the use of overly restrictive 

evaluation criteria. 

• Internal guidance has been implemented to discourage short proposal response 

times with sensitivity to requesting submittal of proposals near major holidays. 

• NRC’s Division of Contracts (DC) has issued checklists and templates to improve the 

process for documenting, screening, and approving sole source and limited source 

justifications. NRC’s “Acquisition Guidebook for Project Officers and Project 

Managers” includes sample templates for Limited Sources Justifications and 

Justifications for Other Than Full and Open Competition (JOFOC). Also, a checklist 

for JOFOCs was included in the April 2011 Guidebook and issued separately to DC 

staff on August 3, 2011. 

• NRC has developed a market research brochure located on its SharePoint website 

and requires Project Officers and Project Managers to take mandatory on-line 

training on this topic. 

• In addressing highly specialized requirements, NRC engages in one or more of the 

following activities during the pre-solicitation phase, including: 

o Developing SOWs to limit the use of design; 

o Issuing sources sought notices to identify qualified firms; 

o Determining through market research whether small businesses are capable 

of performing the requirements; 

o Determining whether the SOW can be reasonably divided between general 

and specialized functions, for possible small business set-aside opportunities 

or open market competition; and/or 

o Encouraging teaming arrangements, with an emphasis on small business 

utilization. 

• NRC has internal oversight committees that regulate and direct the agency’s 

acquisition process and types of purchases. Specifically, 

o NRC’s Procurement Oversight Committee reviews all agency acquisitions 

valued at $1 million and above. This higher level approval process ensures 

that a rational basis exists for the design and award of agency procurements 

and discusses matters concerning a variety of topics including, but not limited 

to, potential barriers to competition, contract type, performance-based 

contracting, duplication of services, use of Enterprise Wide Contracts, 

strategic sourcing, small business goals, and addresses any compliance 

matters, etc. 
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o NRC’s Directorate for Strategic Acquisition was created in 2011 to lead the 

NRC’s 21st Century Acquisition Program, consisting of strategic acquisition 

and implementation of the Financial Accounting and Integrated Management 

Information System. The Directorate is responsible for establishing portfolio 

councils representing a cross section of the agency to procure goods and 

services in a more strategic and targeted manner. 

5. Identifying in the NRC’s Forecast of Contract Opportunities http://www.nrc.gov/aboutnrc/contracting/forecast.html which procurements are likely to involve opportunity for 

additional communication with industry and publicizing communication engagement 

opportunities on the Federal Business Opportunities website (https://www.fbo.gov/), 

including pre-solicitation and pre-proposal conferences for high dollar, high-risk, complex 

programs, or those that fail to attract new vendors during re-competitions. 

6. Prioritizing engagement opportunities for: (a) High risk, complex programs, and (b) 

solicitations that fail to attract new vendors during re-competitions. Specifically, NRC 

employees are encouraged to share as much information as reasonably and legally 

possible with the general public to explain agency requirements and seek public 

comment. High risk, complex programs should be given high priority when scheduling 

meetings and conferences with the general public. This approach ensures public 

awareness and transparency for planned agency procurements. Early and frequent 

vendor participation is critical in developing effective acquisition strategies, conducting 

efficient competitions, and achieving programmatic success. An aggressive outreach 

effort with vendors is also an effective strategy in addressing situations where agency recompetitions fail to attract new vendors, especially small businesses. 

7. Protecting proprietary information contained in offerors’ proposals and other information 

obtained during the source selection process, including preventing inadvertent release 

through the Freedom of Information Act (FOIA) process or divulging vendors’ 

confidential information or source selection information to those without a legitimate 

need-to-know. 

Communicating early with potential offerors [traditional and non-traditional vendors] promotes 

competition and enhances NRC’s ability to obtain quality supplies and services more efficiently. 

NRC provides the public with access to its annual Forecast of Contract Opportunities via the 

agency’s external website. The NRC Forecast is a resource to ensure that industry is aware of 

upcoming business opportunities with the NRC. Part I of the NRC Forecast includes projections 

of all anticipated commercial contract opportunities exceeding $25,000 and potential 

commercial interagency contract opportunities, Part II of the NRC Forecast includes projections 

of all anticipated modifications to existing acquisitions, and Part III includes a list of the NRC’s 

current and active contracts exceeding $25,000. 

NRC also engages the vendor community at pre-solicitation and pre-proposal conferences, 

particularly for large information technology procurements, and will continue to do so. NRC 

sponsors and attends quarterly outreach meetings (“Quarterly Business Seminars”) with the 

vendor community to engage them on acquisition-related topics of interest to them. For 

information concerning upcoming Quarterly Business Seminars, please visit: 
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http://www.nrc.gov/about-nrc/contracting/small-business/meet-greet-seminars.html. DC 

employees are encouraged to post meeting schedules and invitations for engagements with the 

vendor community on https://www.fbo.gov/ (i.e., pre- and post-solicitation conferences). 

NRC also frequently attends events sponsored by the Montgomery County Chamber of 

Commerce to engage the business community and stimulate business activity in Montgomery 

County, Maryland. 

The agency will continue working collaboratively to increase communication efforts and 

eliminate unnecessary barriers that otherwise prevent the NRC from engaging in meaningful 

and responsible dialogue with industry suppliers. This entails gradually altering a culture that 

has been taught for many years that it is safer to limit contact with contractors rather than 

engaging them for fear of a protest or appearance of a conflict of interest. NRC officials are to 

use sound business judgment and adhere to regulatory and statutory requirements when 

engaging vendors. Communication with a wide and diverse audience, including businesses of 

all sizes, is often the best overall strategy to ensure fair and equal treatment while disseminating 

information and sharing ideas to serve mutual interests. 

Agency communication with vendors will be conducted in a courteous and cohesive manner that 

honors procurement integrity rules, while capitalizing on the value of frequent and useful 

dialogue with industry. DC, in collaboration with the Office of the General Counsel (OGC), will 

provide internal guidance, as necessary, regarding the appropriateness of agency engagement 

opportunities with vendors to ensure proper, clear and consistent communication. 

Accordingly, acquisition plans for high-risk, large-dollar value ($10 million and over), and 

complex acquisitions of products and/or services must include a comprehensive vendor 

engagement strategy that: 

• includes at least one industry day or a pre-solicitation or pre-proposal conference; 

• allows for a reasonable amount of one-on-one engagement [subject to the conditions set 

forth in this plan]; 

• allows time for discussions, as needed and in accordance with FAR Part 15, during the 

proposal evaluation process; or 

• requires a written justification to the file as to why those steps are unnecessary or not 

feasible. 

However, Contracting Officers (CO) may apply any or all of the techniques indicated above 

(below the $10 million threshold) if the CO determines that the acquisition warrants or may 

benefit from increased vendor engagement. 

In addition, COs should include an acquisition milestone for discussions for new procurements 

valued in excess of $1 million, regardless of whether discussions are anticipated. 

By planning in advance for the possibility of discussions and incorporating them into acquisition 

milestone plans, the agency maintains the necessary flexibility to raise and resolve important 
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issues and ensures that time constraints do not dissuade COs from engaging in discussions 

when discussions would otherwise be advantageous to the NRC. 

Engagement events include industry days, small business outreach sessions, and 

presolicitation and preproposal conferences. Solicitation question and answer sessions are 

posted and updated regularly, typically but not exclusively, using the existing “special notices” 

function on the Federal Business Opportunities website https://www.fbo.gov/. 

The NRC also encourages the use of technologies, such as wiki, to help: (1) publicize 

communication and engagement opportunities with the public; (2) improve collaboration with 

vendors by allowing instant feedback on acquisitions and process improvements; and (3) 

promote transparency. 

Roles and Responsibilities of Agency Officials 

• Contracting Officer (CO) – Has the ultimate authority to determine the appropriateness, 

frequency and degree to which the NRC engages the public with respect to planned or 

pending procurement actions. Once the solicitation has closed, the CO is the sole focal 

point for requests from the public on procurement matters. Generally serves as the 

Source Selection Authority in awarding contracts and is responsible for leading or 

facilitating communication engagement activities in the DC and Regional Offices. 

Establishes and maintains the ground rules for information sharing and ensures high 

integrity and fairness during all phases of the acquisition process. Uses information 

gained through the vendor communication exchange process to influence solicitation 

requirements and source selection process, including contract type, level of small 

business participation, multiple awards, payment structure, evaluation criteria, etc. 

Collaborates with OGC and Small Business Program representatives in addressing 

industry concerns or requests, including requests for one-on-one meetings. Addresses 

efforts that will be undertaken to remove barriers to competition. Attends vendor 

communication meetings, as appropriate, to better understand industry capabilities and 

requirements in order to enhance the Government’s solicitation requirements. Under the 

Competition in Contracting Act, 41 U.S.C. § 253(a)(1)(A), COs have a duty to promote 

and provide for competition and to provide the most advantageous contract for the 

Government. Therefore, COs must be proactive and take any necessary steps or 

actions to maximize competition. 

• Program Manager – The functions of this position are subsumed in the COR/Project 

Officer (PO) role. 

• Contract Specialist – Supports the CO in all aspects of the procurement process. 

Attends communication exchange meetings and may represent the CO. Actively seeks 

out engagement opportunities with industry, where feasible, and engages in vendor 

outreach activities. Attends vendor communication meetings to better understand 

industry capabilities and requirements in order to enhance the Government’s solicitation 

requirements, in coordination with the CO. Assists the PO in taking minutes during oneon-one vendor meetings or other types of exchanges with industry and documents the 

file. 
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• Contracting Officer’s Representative (COR) – Plans and coordinates communication 

exchange activities with the CO and Contracting Specialist. Takes minutes during oneon-one vendor meetings or other types of exchanges with industry. Uses information 

gained through the vendor engagement process to enhance the quality of agency 

requirements and budget estimates. Attends vendor communication meetings to better 

understand industry capabilities and requirements in order to enhance the Government’s 

requirements contained in the SOW, Performance Work Statement, or Statement of 

Objective. Note: At the NRC, a COR has the title of PO or Project Manager (PM) and 

carries out similar responsibilities. The different titles are used interchangeably 

throughout this Plan and are used synonymously. 

• Office of the General Counsel (OGC) – Provides guidance and opinions to agency 

officials regarding proper conduct of interactions with industry. 

• Ethics Officer – (At the NRC, this function resides in the OGC.) Provides guidance and 

feedback to ensure that issues concerning Organizational Conflicts of Interest are 

addressed and do not unnecessarily impede proper engagement between the agency 

and vendors. Provides guidance to ensure proper business practices, procurement 

integrity, and avoidance of personal conflicts of interest. Includes matters concerning 

vendor communication in training seminars or briefings. 

• Office of Small and Disadvantaged Business Utilization (OSDBU) – (At the NRC, the 

OSDBU function resides with the Small Business Program, Office of Small Business and 

Civil Rights.) Is responsible for the agency’s Forecast of Contracting Opportunities. 

Negotiates agency small business set-aside and subcontracting goals with the Small 

Business Administration (SBA) and works in close collaboration with offices in meeting 

annual NRC small business goals established by the SBA. Conducts small business 

outreach conferences and meetings to assist businesses in understanding agency 

business practices and procedures and small business contracting opportunities. 

Communication with Industry Prior to Receipt of Quotations or Proposals 

Sharing information with vendors and engaging in open exchanges and dialogue during the 

early stages of procurements can provide unique insight from industry that could improve the 

quality of agency requirements and processes. This type of interaction could enhance 

competition and lead to efficiencies in the acquisition process and other positive outcomes that 

benefit all concerned. 

One-on-one meetings are encouraged in order to facilitate open information exchanges either 

with a single vendor or with a small group of vendors. Regardless, they must be conducted in a 

fair and transparent manner and be well documented. If a COR/PO would like to hold one-onone meetings, they must contact the CO in advance. 

The CO will determine whether the PO or a DC staff member should attend (depending on the 

unique circumstances) and whether there are any issues that should be reviewed or addressed 

in advance of such meetings. This approach will serve to safeguard the integrity of the 

procurement process. 
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The FAR includes the following methods for engaging in early exchanges between Government 

and industry: 

• industry or small business conferences 

• public hearings 

• one-on-one meetings with potential offerors 

• pre-solicitation notices 

• draft requests for proposals (RFP) 

• requests for information (RFI) 

• pre-solicitation or pre-proposal conferences 

• site visits 

• market research conducted in accordance with FAR Part 10 

FAR 15.201(f) emphasizes that fairness to all prospective vendors must always be maintained 

and serve as a guide in dictating the scope and nature of the dialogue and assure a level 

playing field. Essentially, any information shared by NRC with a vendor during one-on-one 

meetings affecting the preparation of proposals under a competitive solicitation must be made 

publicly available as soon as possible. Otherwise, the agency’s efforts at early communication 

may be counterproductive and foster an unfair competitive advantage for a prospective offeror. 

Conversely, any interactions between the agency and a prospective offeror that concern the 

firm’s “confidential” business strategy must not be disclosed to the public, as such 

communications are protected from disclosure by Federal law and regulation. The agency 

should be candid with vendors about what information can be shared with the general public to 

ensure confidentiality while promoting transparency and openness. 

Market Research 

Market research is the foundation of an effective acquisition. It is the process of collecting and 

analyzing information about the capabilities within the marketplace to satisfy the Government’s 

needs. It can identify industry trends in the marketplace, emergent technologies, and the 

development of new products and services. 

Information gained from market research can help shape a solicitation to ensure a clear 

definition of the requirements while reducing unnecessary barriers to competition. Market 

research is also used to obtain information on commercial vendors, recent pricing information, 

and available off-the-shelf items capable of meeting NRC’s requirements. 

FAR 10.002 states: “Acquisitions begin with a description of the Government’s needs stated in 

terms sufficient to allow market research. Market research is then conducted to determine if 

commercial items or non-developmental items are available to meet the Government’s needs or 

could be modified to meet the Government’s needs.” 

According to FAR Part 10, Market Research is Conducted: 

• Before developing new requirements documents for an acquisition by that agency. 

• Before soliciting offers for acquisitions with an estimated value in excess of the simplified 

acquisition threshold [$150,000]. 
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• Before soliciting offers for acquisitions with an estimated value less than the simplified 

acquisition threshold when adequate information is not available and the circumstances 

justify its cost. 

• Before soliciting offers for acquisitions that could lead to a bundled contract 

(15 U.S.C. 644(e)(2)(A)). 

• Before awarding a task or delivery order under an indefinite-delivery/indefinite-quantity 

(ID/IQ) contract (e.g., GWACs, MACs) for a noncommercial item in excess of the 

simplified acquisition threshold (10 U.S.C. 2377(c)). 

• On an ongoing basis in order to take advantage (to the maximum extent practicable) of 

commercially available market research methods to effectively identify the capabilities of 

small businesses and new entrants into Federal contracting that are available in the 

marketplace for meeting the requirements of the agency in furtherance of — 

o A contingency operation or defense against or recovery from nuclear, biological, 

chemical, or radiological attack; and 

o Disaster relief to include debris removal, distribution of supplies, reconstruction, 

and other disaster or emergency relief activities. (See FAR 26.205). 

Information Types 

The following information is not intended to be all-inclusive; rather, it is intended to serve as a 

basic framework for appropriately communicating with industry. This information is intended to 

support the engagement efforts of contracting and project/program personnel to ensure that 

communications with industry are appropriate and follow applicable Federal laws and 

regulations. Prior to engaging industry, acquisition personnel should consider the prohibitions 

and restrictions that may apply to the situation, including restrictions contained in the FAR and 

other laws and regulations (procurement integrity, FOIA, etc.). If the COR/PO is unsure about 

an appropriate response to a request for information or whether he or she should attend a 

meeting with industry, the COR should contact the CO or an OGC attorney for guidance. 

Public Information: 

As a Government official and representative, a COR/PO may share information with industry 

that is available to the public. The following types of information are publicly available and are 

not considered confidential: 

• Information concerning the identity and scope of work of other Government contracts. 

• Information that the contractor has previously disclosed to the public. 

• Information reproduced from public documents, such as RFPs or other publically 

available NRC documents or publications. 
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• Information concerning the identity of the incumbent contractor and the aggregate cost 

for the Government contract, as such information is posted on FedBizOpps at 

https://www.fbo.gov/. 

Sensitive or Proprietary Information: 

The following types of information must be treated as confidential, assuming the information 

was not made public by the Government and disclosure is not otherwise required by law, statute 

or regulation: 

• Information that would disclose a firm’s approach to performing contract work. 

• Information that would disclose a firm’s plan to manage a contract, including 

subcontracting. 

• Information concerning a firm’s relevant experience and expertise, except for general 

information regarding the firm’s Government-sponsored contracts, grants or agreements 

that is public information. 

• Information concerning the identities or qualifications of specific employees, consultants, 

subcontractors, and subcontractor employees that a firm proposes to use in performing 

the contract work. 

• Information concerning a firm’s proprietary processes, devices, software, organization of 

reports, analyses, etc. 

• Information concerning a firm’s accounting methods or practices. 

• Information that would disclose a firm’s labor rates, salaries, overhead costs, general 

and administrative costs, fee or profit policies, and amounts. 

Training efforts for employees will include the dissemination of internal guidance and feedback 

to ensure effective use of communication approaches with the vendor community. Information 

to facilitate public awareness for vendors will include postings on the Federal Business 

Opportunities website (https://www.fbo.gov/), agency website, or through other means (i.e., 

brochures). 

One-on-One Meetings with Potential Offerors

FAR 15.201(c)(4) – “Exchanges with industry before receipt of proposals,” specifically 

authorizes one-on-one meetings between the Government and potential offerors. 

At the NRC, maintaining a high level of integrity and ethics is central to our ability to conduct fair 

and transparent acquisitions, as well as garner the public’s trust. That said, the agency will look 

for appropriate opportunities to engage in more one-on-one communications with interested 

vendors as part of its market research efforts to obtain valuable feedback regarding agency 

solicitations. One-on-one meetings with vendors could provide the agency with a greater 
11 

understanding of the marketplace and better insight into possible solutions to agency needs and 

problems and contribute to achieving best value in procurements. 

Interaction is regulated by the FAR to provide for fair and equal treatment as well as to support 

designated socio-economic programs. Over the years, these regulations have been interpreted 

differently by agencies, and many have interpreted them very strictly in fear of violating Federal 

regulations. The threat of a Government General Accountability Office protest or possible 

scrutiny from the Office of the Inspector General have contributed significantly to the 

conservative approach used by many acquisition officials throughout the Federal Government. 

However, resorting to less communication with the vendors with whom agencies depend upon 

for their goods and services seems counterintuitive and may be counter-productive from a best 

value perspective. 

Prior to receipt of proposals, COR/POs and COs may meet with interested vendors one-on-one 

as part of market research, especially in situations where there is a significant gap in information 

or knowledge on the Government side that would benefit from such meetings. One-on-one 

meetings must be conducted in a fair and transparent manner and be sufficiently documented 

for the contract file and labeled “Sensitive Information”. As mentioned above, if a COR/PO 

would like to hold one-on-one meetings with vendors, he or she must contact the CO in 

advance. The CO will determine whether the COR/PO should attend the meeting and whether 

a DC staff member should also be present. Providing advance 43 notice permits the CO or 

OGC to assess whether issues exist that might otherwise undermine or compromise the 

integrity of the procurement process. This approach will serve to safeguard the integrity of the 

agency’s procurement process while fully gauging the impact of information and suggestions on 

the NRC’s technical requirements, cost/price features of solicitation, and terms and conditions. 

Agency officials should also maximize opportunities for public informational meetings, including 

pre-solicitation or pre-proposal conferences, to discuss the Government’s requirements and 

solicit input from the vendor community. 

Should issues or information warrant sharing with prospective offerors, the CO will post the 

question and answers on https://www.fbo.gov/ or other appropriate website to ensure adequate 

transparency and openness. 

Links to NRC Contracting Information Include: 

Contracting Opportunities 

http://www.nrc.gov/about-nrc/contracting.html

Forecast of Contract Opportunities 

http://www.nrc.gov/about-nrc/contracting/forecast.html

NRC Acquisition Regulations (NRCAR) – 48 CFR Chapter 20 

http://www.nrc.gov/about-nrc/contracting/48cfr-ch20.html

Small Business Program 

http://www.nrc.gov/about-nrc/overview.html
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Small Business Contracting Programs 

http://www.nrc.gov/about-nrc/contracting/procure.html

The NRC will conduct a sample survey within 6 months of the posting of this Plan with 

stakeholders, including COs, Contract Specialists, CORs/POs and vendors, to gauge the overall 

effectiveness of outreach efforts. Revisions to this Plan will be made as necessary. 

Virginia A. Huth, Director, DC, is the responsible official for promoting vendor engagement and 

implementing this Vendor Communication Plan.

Enclosures: 

1. FAR 15.201 (in full text) 

2. Applicable Regulations and Statute 
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Small Business Contracting Programs 

http://www.nrc.gov/about-nrc/contracting/procure.html

The NRC will conduct a sample survey within 6 months of the posting of this Plan with 

stakeholders, including COs, Contract Specialists, CORs/POs and vendors, to gauge the overall 

effectiveness of outreach efforts. Revisions to this Plan will be made as necessary. 

Virginia A. Huth, Director, DC, is the responsible official for promoting vendor engagement and 

implementing this Vendor Communication Plan.

Enclosures: 

1. FAR 15.201 (in full text) 

2. Applicable Regulations and Statute 

DISTRIBUTION: 

Public RidsEdoMailCenter RidsAdmMailCenter RidsOgcMailCenter 

RidsSbcrMailCenter ASanchez, ADM CCorley, EDO JSchmidt, ADM 

VHuth, ADM 

ADAMS Accession No.: ML11230A042 *email concurrence 

OFFICE ADM/DC ADM/DC OGC* SBCR* ADM/DC/DD

NAME JSchmidt JDaly MNorris CKelley 

(MGivvines for) 

ASanchez 

DATE 08/17/11 08/18/11 8/19/11 8/29/11 09/02/11 

OFFICE ADM/DC/D ADM/DD ADM/D DEDCM* 

NAME VHuth SStewart-Clark KOGreene DAsh 

DATE 09/02/11 09/02/11 09/08/11 9/08/11 

OFFICIAL RECORD COPY
 Enclosure 1 

FAR 15.201 - Exchanges with Industry Before Receipt of Proposals

(a) Exchanges of information among all interested parties, from the earliest identification of a 

requirement through receipt of proposals, are encouraged. Any exchange of information must 

be consistent with procurement integrity requirements (see [FAR] 3.104). Interested parties 

include potential offerors, end users, Government acquisition and supporting personnel, and 

others involved in the conduct or outcome of the acquisition. 

(b) The purpose of exchanging information is to improve the understanding of Government 

requirements and industry capabilities, thereby allowing potential offerors to judge whether or 

how they can satisfy the Government’s requirements, and enhancing the Government’s ability to 

obtain quality supplies and services, including construction, at reasonable prices, and increase 

efficiency in proposal preparation, proposal evaluation, negotiation, and contract award. 

(c) Agencies are encouraged to promote early exchanges of information about future 

acquisitions. An early exchange of information among industry and the program manager, 

contracting officer, and other participants in the acquisition process can identify and resolve 

concerns regarding the acquisition strategy, including proposed contract type, terms and 

conditions, and acquisition planning schedules; the feasibility of the requirement, including 

performance requirements, statements of work, and data requirements; the suitability of the 

proposal instructions and evaluation criteria, including the approach for assessing past 

performance information; the availability of reference documents; and any other industry 

concerns or questions. Some techniques to promote early exchanges of information are – 

 (1) industry or small business conferences; 

 (2) public hearings; 

 (3) market research, as described in [FAR] Part 10; 

 (4) one-on-one meetings with potential offerors (any that are substantially involved with 

potential contract terms and conditions should include the contracting officer; also see 

paragraph (f) of this section regarding restrictions on disclosure of information); 

(5) pre-solicitation notices; 

(6) draft RFPs; [Request for Proposals] 

(7) RFIs; [Request for Information] 

(8) pre-solicitation or pre-proposal conferences; and 

(9) site visits. 

(d) The special notices of procurement matters at [FAR] 5.205(c), or electronic notices, may 

be used to publicize the Government’s requirement or solicit information from industry. 

(e) RFIs may be used when the Government does not presently intend to award a contract, 

but wants to obtain price, delivery, other market information, or capabilities for planning 

purposes. Responses to these notices are not offers and cannot be accepted by the 

Government to form a binding contract. There is no required format for RFIs. 

(f) General information about agency mission needs and future requirements may be 

disclosed at any time. After release of the solicitation, the CO must be the focal point of any 

exchange with potential offerors. When specific information about a proposed acquisition that 

would be necessary for the preparation of proposals is disclosed to one or more potential 

offerors, that information must be made available to the public as soon as practicable, but no 

later than the next general release of information, in order to avoid creating an unfair 

competitive advantage. Information provided to a potential offeror in response to its request 

must not be disclosed if doing so would reveal the potential offeror’s confidential business 

strategy, and is protected under [FAR] 3.104 or [FAR] Subpart 24.2. When conducting a presolicitation or pre-proposal conference, materials distributed at the conference should be made 

available to all potential offerors, upon request. 
 Enclosure 2 

Regulations and Statutes Applicable to Communications with Industry

The following regulations and statutes and are not intended to represent the complete list of 

requirements applicable to communicating with industry, but do serve to provide a basis for 

regulatory compliance. 

• Procurement Integrity Act (41 U.S.C. § 423) - Government officials may not disclose 

proprietary or source selection information. (FAR 3.104) 

https://www.acquisition.gov/far/current/html/Subpart%203_1.html#wp1139280

• Freedom of Information Act (5 U.S.C. § 552) 

http://www.justice.gov/oip/amended-foia-redlined-2010.pdf

(FAR Subpart 24.2) 

• Conflict of Interest Prohibition (18 U.S.C. § 208) – Government officials may not 

participate in a matter that presents an actual or apparent conflict of interest. 

http://www.law.cornell.edu/uscode/search/display.html?terms=208&url=/uscode/html/usc

ode18/usc_sec_18_00000208----000-.html

• Competition in Contracting Act (CICA) (10 U.S.C. § 2304) – Government officials may 

not give unauthorized preferential treatment to one firm but must treat all firms equally. 

http://www.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00002304----000-.html

• Trade Secrets Act (18 U.S.C. § 1905) – Government officials may not disclose trade 

secrets or other proprietary information without permission of the owner of the 

information. Government officials must protect procurement-sensitive information and 

information that would not otherwise be lawfully disclosed to the public under the 

Freedom of Information Act. 

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001905----000-.html

• Federal Advisory Committee Act (5 U.S.C. Appendix 2, § 5) – Government officials must 

comply with the Federal Advisory Committee Act when seeking advice or 

recommendations from a group that includes non-Government employees to ensure that 

the Government is not inappropriately influenced by a special interest. 

http://www.archives.gov/federal-register/laws/fed-advisory-committee/