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.

(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)

Parent topic: Subpart 2052.2 - Text of Provisions and Clauses