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                            2052.215-71   Project officer authority.
        
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NRCARPart Number: 2052
        
                  

                                
                  
        Nuclear Regulatory Commission Acquisition Regulation
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2052.215-71 Project officer authority.       As prescribed in 2015.209-70(a)(2)(i), the contracting officer shall insert the following clause in applicable solicitations and contracts for cost-reimbursement, cost-plus-fixed-fee, cost-plus-award-fee, cost sharing, labor-hour or time-and-materials, including task order contracts. This clause and the following alternate clauses are intended for experienced, trained projects officers, and may be altered to delete duties where appropriate:                                  Project Officer Authority (OCT 1999)                                  (a) The contracting officer's authorized representative hereinafter referred to as the project officer for this contract is:                                  Name: *                                  Address: *                                  Telephone Number: *                                  (b) Performance of the work under this contract is subject to the technical direction of the NRC project officer. The term *technical direction* is defined to include the following:                                  (1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizes travel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work or changes to specific travel identified in the Statement of Work), fills in details, or otherwise serves to accomplish the contractual statement of work.                                  (2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.                                  (3) Review and, where required by the contract, approve technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.                                  (c) Technical direction must be within the general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:                                  (1) Constitutes an assignment of work outside the general scope of the contract.                                  (2) Constitutes a change as defined in the “Changes” clause of this contract.                                  (3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.                                  (4) Changes any of the expressed terms, conditions, or specifications of the contract.                                  (5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.                                  (d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC must be furnished to the contracting officer.                                  (e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.                                  (f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of the categories defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request that contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the “Changes” clause.                                  (g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.                                  (h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect to the instruction or direction is subject to 52.233-1 - Disputes.                                  (i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:                                  (1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.                                  (2) Assist the contractor in the resolution of technical problems encountered during performance.                                  (3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.                               (End of clause)          *Alternate 1* (OCT 1999). As prescribed at 2015.209-70(a)(2)(ii), the contracting officer shall insert the following clause in solicitations and contracts which require issuance of delivery orders for specific products/services.                                  Project Officer Authority - Alternate 1 (OCT 1999)                                  (a) The contracting officer's authorized representative, hereinafter referred to as the project officer, for this contract is:                                  Name: *                                  Address: *                                  Telephone Number: *                                  (b) The project officer shall:                                  (1) Place delivery orders for items required under this contract up to the amount obligated on the contract award document.                                  (2) Monitor contractor performance and recommend changes in requirements to the contracting officer.                                  (3) Inspect and accept products/services provided under the contract.                                  (4) Review all contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension.                                  (c) The project officer may not make changes to the express terms and conditions of this contract.                                  *To be incorporated into any resultant contract.                               (End of clause)          *Alternate 2* (OCT 1999). As prescribed at 2015.209(a)(2)(iii), the contracting officer shall insert in solicitations for firm fixed price contracts, the clause at 2052.215-71 Project Officer Authority Alternate 1 which shall be used with paragraph (b)(1) deleted and the remainder of the clause renumbered.    **Parent topic:**  Subpart 2052.2 - Text of Provisions and Clauses
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