room-setup

TAB (A) is the main page which offers general information

Title: “Meetings and Conferences Overview”

Meetings and conferences, large and small, play an important role in helping the U.S. Nuclear

Regulatory Commission (NRC) fulfill its mission. The NRC’s participation in conferences presents a unique opportunity to engage the general public and other entities, public and private, in the exchange of information and ideas. However, it also can raise legal issues regarding the appropriate use of government funds, the receipt of gifts in the form of meals, the endorsement of private activities by government officials, and the perception that some organizations have a special relationship with the agency. The primary purpose of this document is to provide clear guidance for planning a meeting or conference on behalf of the

NRC, focusing on eliminating excess spending and promoting government efficiency.

For the purposes of this guidance

, the term “meeting” refers to a conference, seminar, symposium, educational program, or similar event organized for the purpose of facilitating a discussion or exchange of views on matters related to the mission of the NRC. It does not include training that has specific objectives identified to improve the knowledge, skills, or abilities of the attendees

. “Conference” is defined in this guidance as it is in the Federal Travel

Regulation (FTR), as “[a] meeting, retreat, seminar, symposium or event that involves attendee travel. The term ‘conference’ also applies to training activities that are considered to be conferences under 5 Code of Federal Regulations (CFR) 410.404.” “Conference expenses” are defined under 41 CFR 301-74.2 as

“all direct and indirect conference costs paid by the

Government, whether paid directly by agencies or reimbursed by agencies to travelers or others associated with the conference

.” Conference expenses include any associated authorized invitational travel and per diem expenses, hire of rooms for official business, audiovisual use, light refreshments, registration fees, ground transportation, and other expenses as defined by the FTR.

This guidance applies only to Federal employees in connection with meetings or conferences that the NRC sponsors. As with any guidance, it cannot answer every question that may arise.

Please contact the Administrative Services Center ( ASC ) Help Desk for additional assistance, if needed.

Updated 01/2013_ADM/DAS

TAB (B)

Title: “Planning Process”

Office directors (ODs) and regional administrators (RAs) shall confirm the meeting or conference: (1) supports the o ffice’s mission or objective, (2) does not needlessly duplicate a meeting by another office, and (3) establishes a reasonable number of attendees deemed necessary to successfully accomplish the mission of the meeting or conference. ODs and RAs also should examine the minimal space needed to meet the objectives of the meeting or conference. The following

“order of precedence” should be followed when obtaining meeting or conference space:

(1) Assess whether onsite meeting space is available by using the Microsoft Outlook scheduler function to search for meeting rooms in NRC buildings. Detailed

instructions appear in Section IV (A) .

(2) If onsite space is not available:

a. Headquarters (HQ) employees should complete the NRC Checklist for Offsite

Meetings/Conferences ( Attachment 2 ), submit it to the Office of Administration

(ADM), ASC, and receive it back signed with a recommendation. If the recommendation is to obtain offsite space, HQ employees should begin their offsite search by checking the availability of the enterprisewide contract/blanket

purchase agreement (EWC/BPA) sources listed in Attachment 3 . Discounted

pricing arrangements and standard terms and conditions have been preestablished with these EWC/BPA vendors.

b. Regional employees should complete the NRC Checklist for Offsite

Meetings/Conferences ( Attachment 2 ) and have the RA approve it.

Detailed instructions on using EWC/BPA sources appear in Section IV (B) .

(3) If none of the EWC/BPA sources can meet the office’s needs: a. HQ employees may proceed with obtaining offsite space from other local venues. b. Regional employees may proceed with obtaining offsite space from local venues.

Detailed instructions on selecting other local venues appears in Section IV (C)

Once ODs and RAs determine external space is required, they should ensure costs associated with the meeting or conference are deemed necessary to accomplish the mission of the meeting or conference and that there is appropriate purchase card or contract funds available in the o ffice’s current budget or sufficient funds are budgeted in a future fiscal year.

Please note the following offices are responsible for covering the costs of their meetings and conferences:



The Office of Federal and State Materials and Environmental Management

Programs (FSME)



The Office of New Reactors (NRO)


Planning Guidance for Offsite Meetings and Conferences





The Office of Nuclear Material Safety and Safeguards (NMSS)

The Office of Nuclear Reactor Regulation (NRR)



The Office of Nuclear Regulatory Research (RES)*



The Office of Nuclear Security and Incident Response (NSIR)

* ADM/DAS/ASC will coordinate the reimbursement of offsite space upon consolidation to the White Flint

Complex.

ASC will continue to cover the cost and process meeting requests for those offices not listed above.

Offices are encouraged to allow sufficient time to confirm meeting arrangements, obtain the required approvals, and process acceptance documents. For planning purposes, offices should secure meeting space a minimum of 45 days in advance of the meeting or conference at the micro-purchases level ($3,000 or less), or use the Procurement Action

Lead Time (PALT) as a guide for acquisitions planned greater than $3,000 to allow sufficient processing time. Meetings that are of greater complexity or of national or international significance may need as much as 1 to 2 years of advanced planning.

If it is determined, at any time during the approval process by an individual with signature authority, that the requested meeting or conference is not deemed necessary and is not approved, the request will be returned to the originator, unsigned with a brief explanation.


TAB (C)

Title: “Exceptions to the Order of Precedence”

The “order of precedence” is the preferred method of reserving space for the NRC’s meetings and conferences. In limited and some extreme circumstances, it may be impractical to follow

the “order of precedence.” In those cases, offices must submit the NRC Checklist for Offsite

Meetings/Conferences to the Director, ADM, for prior approval to deviate from these standard

procedures. Notification of the Director, ADM’s response will be issued within 10 business days depending on the complexity of the request. If approved, the Director, ADM will sign and return

the NRC Checklist for Offsite Meetings/Conferences . For acquisitions less than or equal to the micro-purchase threshold, a signed copy of the NRC Checklist for Offsite Meetings/Conferences

must be retained with the purchase card holder ’s records. For acquisitions greater than the micro-purchase threshold, the signed checklist must be part of the request for procurement action (RFPA) package sent to the Division of Contracts (DC).


TAB (D)

Title: “Delegations of Authority”



Approvals for All Acquisitions Less Than or Equal to $100,000



Approvals for Acquisitions Greater Than $100,000 but Less Than or Equal to

$500,000



Waivers for Acquisitions Greater Than $500,000

Per memorandum issued by the Executive Office of the President and the Office of

Management and Budget (OMB) entitled “Promoting Efficient Spending to Support Agency

Operations,” dated May 11, 2012, referencing Presidential Executive Order 13589, dated

November 9, 2011, entitled, “Promoting Efficient Spending,” it is the responsibility of each agency to “conduct a thorough review of the policies and controls associated with conference-related activities and expenses.

” Prior approval must be obtained before the award of any acquisition exceeding the dollar thresholds outlined below.

A. Approvals for All Acquisitions Less Than or Equal to $100,000

Per the Executive Director for Operations (EDO) memo dated November 9, 2011,

Agencywide Documents Access and Management System (ADAMS) Accession

No. ML 112980527, ODs and RAs are responsible for reviewing offsite meeting or conference requests that involve appropriated funds. Furthermore, ODs and RAs must obtain the appropriate approvals for any meeting that will include the procurement of food and refreshments or provide overnight lodging for guests before

committing the NRC for these expenses. The signature of this review on the NRC

Checklist for Offsite Meetings/Conferences may not be redelegated.

For acquisitions less than or equal to the micro-purchase threshold ($3,000 or less),

a signed copy of the NRC Checklist for Offsite Meetings/Conferences must be

retained with the purchase card holder ’s records. For acquisitions greater than the micro-purchase threshold, the signed checklist must be part of the RFPA package sent to DC.

B. Approvals for Acquisitions Greater Than $100,000 but Less Than or Equal to

$500,000

As part of the review and control process, the OD or RA must obtain prior approval of conference activities from the EDO for meetings valued greater than $100,000 but less than or equal to $500,000. However, this has been redelegated by the EDO to the Deputy Executive Directors for Operations (DEDOs). DEDOs may not redelegate this authority.

Offices must submit, for approval, the NRC Checklist for Offsite

Meetings/Conferences to their respective DEDO or the EDO for those offices that do

not report directly to one of the DEDOs. Notification of the EDO/D EDO’s response will be issued within 30 days, depending on the complexity of the request. If

approved, the EDO or DEDO will sign and return the NRC Checklist for Offsite

Meetings/Conferences . The signed checklist must be part of the RFPA package

sent to DC.


Planning Guidance for Offsite Meetings and Conferences

C. Waivers for Acquisitions Greater Than $500,000

As part of the review and control process, the OD or RA must obtain a waiver for conference activities from the Chairman for meetings valued greater than $500,000.

Offices must submit the NRC Checklist for Offsite Meetings/Conferences to EDO or

DEDO for approval, then to the Chairman ’s office for approval. Notification of the

Chairman’s response will be issued within 60 days, depending on the complexity of

the request. If approved, the Chairman will sign and return the NRC Checklist for

Offsite Meetings/Conferences . The signed checklist must be part of the RFPA

package sent to DC.

By January 31 of each year, the agency must report on the external Web site all meetings and conferences held the previous year that exceeded $100,000.

A flowchart of the process is attached for a quick reference (Attachment 8).


TAB (E)

Title: “Scheduling a Meeting”



Reserving Onsite Meeting Space Using Microsoft Outlook Scheduler



Reserving Offsite Meeting Space Using an EWC/BPA



Reserving Offsite Meeting Space without an EWC/BPA

SCHEDULING A MEETING

Listed below are detailed steps to follow when obtaining meeting or conference space:

A. Reserving Onsite Meeting Space Using Microsoft Outlook Scheduler

Once the requester determines the purpose, number of attendees, the date, and time of the meeting, the requester must go to the Microsoft Outlook Meeting Scheduler to determine what NRC onsite space is available. Instructions are attached entitled,

Scheduling a Meeting Using Microsoft Outlook Scheduler ( Attachment 1 ).

Please be advised, you must set up any meetings in your own calendar using Microsoft Outlook

Meeting Scheduler so that you may make changes (if necessary) to that meeting at a later date.

B. Reserving Offsite Meeting Space Using an EWC/BPA

If onsite meeting space is not available through Microsoft Outlook Scheduler and it is determined that offsite space is necessary, the requester must submit for signature a

completed NRC Checklist for Offsite Meetings/Conferences in Attachment 2

to ASC.

ASC will review the request and respond within 7 business days. If sufficient space

is available at the time the NRC Checklist for Offsite Meetings/Conferences is submitted, the ASC will recommend on the NRC Checklist for Offsite

Meetings/Conferences using onsite space and return to the requester. If ASC confirms space is not available, the NRC Checklist for Offsite Meetings/Conferences

will be signed and returned recommending the office procure offsite space.

EWC/BPA awards have been established with a number of local venues (Attachment

3) .

General information regarding the use of EWC/BPA awards can be found on the

ASC website . Additional details regarding the pricing and terms and conditions of these contracts can be found by accessing the EWC SharePoint site . Sources with an active EWC/BPA are the preferred method of acquiring offsite meeting space and should be the first option.

B.1 Acquisitions at the Micro-Purchase Threshold ($3,000) or Below

For meetings and conferences less than or equal to the micro-purchase threshold, purchase card holders must make use of the EWC/BPA awards using the government purchase card as a method of payment. Purchase

card holders must obtain a fully signed copy of the NRC Checklist for Offsite

Meetings/Conferences

with the appropriate signatures, a fully executed BPA

Order Form (Attachment 4)

, and complete a copy of the vendor’s credit card authorization form. Detailed instructions can be found on the EWC

SharePoint site . Copies of these documents should be retained by the purchase card holder.

B.2 Acquisitions Greater Than the Micro-Purchase Threshold ($3,000)

For meetings and conferences greater than the micro-purchase threshold, the availability of the EWC/BPA should not circumvent competition or small


Planning Guidance for Offsite Meetings and Conferences business requirements. Offices are reminded that all acquisitions greater than $3,000 and less than or equal to $150,000 are automatically set aside for small businesses. EWC/BPAs have been established with small businesses, and these requirements may be competed among those entities.

Offices are required to submit a Form 400

RFPA, along with the NRC

Checklist for Offsite Meetings/Conferences , and any other supporting

documents to DC for processing.

C. Reserving Offsite Meeting Space without an EWC/BPA

The requester must submit for signature a completed NRC Checklist for Offsite

Meetings/Conferences to ASC. ASC will review the request and respond within

7 business days. If sufficient space is available at the time the NRC Checklist for

Offsite Meetings/Conferences is submitted, the ASC will recommend on the NRC

Checklist for Offsite Meetings/Conferences using onsite space and return to the requester. If ASC confirms space is not available, the NRC Checklist for Offsite

Meetings/Conferences will be signed and returned recommending the office procure

offsite space. Vendors with an active EWC/BPA award, as referenced in Attachment

3,

are the preferred method of acquiring offsite meeting space and should be the first option. Only in instances where none of these venues are available may an alternate venue be considered.

C.1 Acquisitions at the Micro-Purchase Threshold ($3,000) or Below

For meetings and conferences less than or equal to the micro-purchase threshold, purchase card holders may consider the use of other venues. It is imperative that purchase card holders proceed with securing these facilities

by using the Guideline for Non-EWC/BPA Acquisitions in Attachment 5 ,

approved by the Office of the General Counsel (OGC), as a tool of

negotiation. A signed copy of the NRC Checklist for Offsite

Meetings/Conferences should be retained by the purchase card holder.

C.2 Acquisitions Greater Than the Micro-Purchase Threshold ($3,000)

For meetings and conferences greater than the micro-purchase threshold, the availability of the EWC/BPA should not circumvent competition or small business requirements. Offices are reminded that all acquisitions greater than $3,000 and less than or equal to $150,000 are automatically set aside for small businesses. Offices are required to submit a Form 400 RFPA, along

with the NRC Checklist for Offsite Meetings/Conferences,

and any other supporting documents to DC for processing.


TAB (F)

Title: “Understanding Food and Refreshments”

UNDERSTANDING FOOD AND REFRESHMENTS

Under federal appropriations law ( Attachment 6 ), food and refreshments, much like clothing, are

considered a personal expense and not a necessary expense of the NRC’s annual appropriation. Attendees at meetings or conferences are therefore expected to purchase their coffee or other refreshments with their own personal funds rather than with U.S. taxpayer funds.

However, there are a few statutory exceptions which, under limited circumstances, do authorize the purchase of refreshments with appropriated funds. For example, the law dealing with civilian employee incentive awards authorizes the NRC to purchase food and beverages as an expense of honoring award recipients at an award ceremony. In the absence of an applicable exception, the use of appropriated funds for food and refreshments (or other personal expenses, such as entertainment, golf, massages, gifts, etc.) is prohibited by law.

Any office seeking to purchase food or refreshments (or other personal expenses) with agency funds as part of a meeting or conference must obtain advance legal review from OGC. This applies to the purchases of any dollar amount, regardless of whether the purchase is being made through DC or with a government purchase card. Within 10 business days, OGC will inform the office if the office’s proffered justification for using appropriated funds for personal expenses clearly falls within a statutory (or GAO-recognized) exception. If there is no legal

objection to the proposed purchase, OGC will sign and return NRC Checklist for Offsite

Meetings/Conferences .


TAB (G)

Title: “Requesting Security Support”

The NRC is committed to providing a safe and secure environment for all meeting participants.

Offices are reminded to contact the Division of Facilities and Security to request security support for any onsite or offsite meeting or conference.

All headquarters and regional employees requesting security support should use the following forms for offsite requests:

NRC FORM 876B: “Request for Security Support at Off-Site U.S. NRC Public

Meetings/Hearings”

AND

NRC FORM 877: “U.S. NRC Security Support Supplement for Public

Meetings/Hearings”

Requests for offsite security support must be received at least 20 business days before the meeting date. Forms should be sent to Securityoff-sitesupport.Resource@nrc.gov

for processing.


TAB (H)

Title: “Fiduciary Responsibility/Proper Documentation”

FIDUCIARY RESPONSIBILITY

NRC employees are reminded of their fiduciary responsibility to protect taxpayer dollars, eliminate excess government spending, and promote government efficiency. This task includes assuring that costs associated with meeting and conference activities are both allowable and reasonable. Each employee should ensure a careful review of the proposed meeting activities and conduct a thorough analysis of any and all quotes, as well as all invoice charges billed to the agency.

MAINTAINING PROPER DOCUMENTATION

Clear and complete documentation is crucial. In discussing a potential meeting with a vendor, you must not make financial commitments to hotels or other vendors unless you have the proper authority to do so. Anyone who financially commits the government to a vendor without proper authority risks being held personally liable. In working with a venue to reserve space, you must make it clear that you are only requesting the space be held, which will need to be confirmed at a later time with a government purchase card, EWC/BPA order, or a contract. It is imperative to document this and any other pre- and post-communication, any reviews of agency activities, quotes received, and proposed costs. Purchase card holders should document these reviews in accordance with the purchase card policies and procedures. For questions regarding how to properly document government purchase card transactions, please contact the Purchase Card Administrator in DC, ADM.


TAB (I)

Title: “Attachments”



SCHEDULING A MEETING USING MICROSOFT OUTLOOK SCHEDULER



NRC CHECKLIST FOR OFFSITE MEETINGS/CONFERENCES



ENTERPRISEWIDE CONTRACT/BLANKET PURCHASE AGREEMENT (EWC/BPA)

VENDORS FOR OFFSITE MEETINGS AND CONFERENCE SPACE



EWC/BPA ORDER FORM



GUIDELINE FOR NON-EWC/BPA ACQUISITIONS



SUMMARY OF FEDERAL APPROPRIATIONS LAW ON FOOD AND REFRESHMENTS



MEETING ROOM SETUPS



CURRENT STATE FLOWCHART FOR MEETINGS/CONFERENCES


TAB (J)

Title: “Associated Correspondence”

Note: The hyperlink and documents need to be added for “Presidential Executive Order…”,

“OMB memorandum M-12-12”, Office Memo, and Yellow Announcement.



OMB memorandum M-1135 entitled “Eliminating Excess Conference Spending and

Promoting Efficiency in Government,” dated September 21, 2011.



NRC Response to OMB memorandum M-11-35 dated November 1, 2011.

 Executive Director for Operations (EDO) memorandum entitled “Agency-Sponsored

Meeting and Conference Spending,” dated November 9, 2011.

 Presidential Executive Order 13589 entitled, “Promoting Efficient Spending,” dated

November 15, 2011.



OMB memorandum M-1212 entitled, “Promoting Efficient Spending to Support Agency

Operations,” dated May 11, 2012.



NRC office memorandum



NRC Yellow Announcement


Attachment 1

SCHEDULING A MEETING USING MICROSOFT OUTLOOK SCHEDULER

To view the instructions through Video Walkthrough , click the link below: http://www.internal.nrc.gov/ADM/crs_demo/

To view the step-by-step written instructions , click the link below: http://www.internal.nrc.gov/ADM/exchangemigration/screenshot-crs.html

To View a Room’s Calendar , please follow the steps below:

(1) Open Microsoft Outlook.

(2) Go to your Calendar tab in Microsoft Outlook.

(3) In the left navigational pane, scroll to the bottom and under New Group, click “Open a

Shared Calendar.

”

(4) When the small dialog box appears, click the “Name” button.

(5) When the next dialog box appears, in the search box start typing the location name

(e.g., HQ-OWFN, HQ-TWFN, or HQ-3WFN).

(6) A list should appear. Select the room from the list and click Ok.

(7) When the small dialog box appears, click Ok.

(8) Make sure the room previously selected is the only calendar checked off in your left navigational pane.

(9) Scroll to the appropriate month sought and view the room’s availability by day, week, or month.

To view All Reservations that you have booked in a certain room, please see the instructions below:


(2) Go to your Calendar tab in Microsoft Outlook.

(3) In the left navigational pane, scroll to the bottom and under New Group, click “Open a

Shared Calendar.

”

(4) When the small dialog box appears, click the “Name” button.

(5) When the next dialog box appears, in the search box start typing the location name

(e.g., HQ-OWFN, HQ-TWFN, or HQ-3WFN).

(6) A list should appear. Select the room from the list and click Ok.

(7) When the small dialog box appears, click Ok.

(8) Make sure the room previously selected is the only calendar checked off in your left navigational pane.

(9) In the box at the top right corner that says “Search Calendar,” type the last name of the requester who reserved the meeting.

(10) Click the magnifying glass symbol.

(11) A list should appear with all the reservations that the requester has scheduled.

To Schedule a Meeting , please follow these steps below:


(2) Click the drop down arrow button next to the “New” tab and select “Meeting Request” or type (Ctrl+Shift+Q).

(3) Enter your Name and the Title of the meeting in the “Subject” field.

(4) Click the “Add Room” button in the lower-left hand corner and start typing the location name (e.g., HQ-OWFN, HQ-TWFN, or HQ-3WFN).

1


Attachment 1

SCHEDULING A MEETING USING MICROSOFT OUTLOOK SCHEDULER

(5) A list should appear. Select the room desired from the list.

(6) Click the “Rooms” button and then click OK (the room location should appear in the “To:” box, as well as the location box).

(7) Verify the date, time, subject title, and attendees.

(8) Click Send.

To view the available times for rooms in Scheduling Assistant , follow these steps below:


(2) Click the drop down arrow button next to the “New” tab and select “Meeting Request” or type (Ctrl+Shift+Q).

(3) Enter your Name and the Title of the meeting in the “Subject” field.

(4) In the “Meeting” tab or box, click “Scheduling Assistant.”

(5) Click the “Add Rooms” button in the lower left-hand corner and start typing the location name (e.g., HQ-OWFN, HQ-TWFN, or HQ-3WFN).

(6) Select all the rooms that you are interested in.

(7) Adjust the date and time in the Scheduling Assistant.

(8) When you choose a room that works for the date and time that you have specified, be sure to uncheck the other rooms that are not going to be used for your meeting.

(9) In the “Meeting” tab or box, click “Appointment.”

(10) Verify the date, time, subject title, and attendees.

(11) Click Send.

You should receive a confirmation in your Inbox shortly after reserving the room(s).

2


Attachment 2

NRC CHECKLIST FOR OFFSITE MEETINGS/CONFERENCES

Requesting Office: Select Office

If other, please specify:

Point of Contact

Name:

Division/Branch:

Phone Number:

E-mail Address:

1. Type of Meeting: Select Meeting Type

If other, please specify:

2. Title:

3. Purpose/Objective of the Meeting:

4. Audio Visual Requirements:

5. Meeting Requirements

Day/Date Click here to enter a date.

Start Time Time AM or

PM

End Time Time AM or

PM

Setup

Setup Types

Here

Number of

Attendees

Choose

Setup

Number of

Rooms

(for this day w/ exact setup & time)

Click here to enter a date.

Time AM or

PM

Time AM or

PM

Choose

Setup

1


Time AM or

PM

Time AM or

PM

Choose

Setup


Time AM or

PM

Time AM or

PM

Choose

Setup


Time AM

Choose

Setup or

PM

Time AM or

PM



Meeting Title:

Dates:

Attachment 2

6. Estimated Cost (Net Expense): $__________________

(Net expense includes, but is not limited to, conference or meeting space, audiovisual equipment, light refreshments/luncheon, invitational travel {guest speakers}, transportation, security, etc.

Note: (a) Additional approvals are required for all acquisitions valued greater than

$100,000. (b) Net expenses are to be utilized when determining if a required threshold is met. (c) All anticipated expenses are to be included in the net expenses computation.

(d) EDO/DEDO approval is required for net expenses greater than $100,000, and (e)

Chairman approval is required for net expenses greater than $500,000.

7. Anticipated Method of Acquiring Space:

Note: Government Purchase Card acquisitions are restricted to less than or equal to $3,000 and must be made in accordance with the government purchase card policies and procedures. Requirements greater than $3,000 must be processed through the Division of

Contracts

Enterprise Wide Contract/Blanket Purchase Agreement (EWC/BPA):

Government Purchase Card

Contract Acquisition

NON Enterprise Wide Contract/Blanket Purchase Agreement (EWC/BPA):

Government Purchase Card

Contract Acquisition

8. Vendor Selection (Select all that apply)

Doubletree Bethesda (EWC/BPA)

Holiday Inn Express Rockville (EWC/BPA)

Bethesda North Marriott (EWC/BPA)

Residence Inn Bethesda (EWC/BPA)

Hilton Washington DC/Rockville (EWC/BPA)

Bethesda Hyatt Regency (EWC/BPA)

Other:

If other, please specify and provide explanation for use of Non-EWC/BPA:

2



Meeting Title:

Dates:

Attachment 2

9. Will food and/or light refreshments be served at the meeting?

Y N

Note: Food and/or refreshments may not be purchased with appropriated funds except where there is specific statutory authority to do so. The following are the exceptions that are authorized by specific statutes. Please click a link below for further information. If food or light refreshments are needed and meet one of the statues below, the Office must obtain legal review from the Office of General Counsel.

5 U.S.C. § 5702–Per Diem; Employees Traveling on Official Business

5 U.S.C. § 4109–Government Employee Training Act

NRC’s Annual Appropriations Act (Official Representation Funds)

5 U.S.C. §§ 4503-4504–Statutory authority dealing with civilian employees incentive awards

Non-Statutory Exception: Food/refreshments that are not purchased with appropriated funds

Note: These statutory exceptions are only necessary where the agency seeks to purchase food with appropriated funds. If the agency is not purchasing food, because either the attendees are paying for it themselves, or because the hotel provides it to their guests for free of charge, then there is no issue.

10. Will overnight lodging accommodations be required?

Note: Hotels listed under the established EWC/BPAs may set-aside sleeping rooms as a courtesy.

NON-NRC Employees: This includes lodging for non-NRC employees in which the Agency is paying. If yes, you must obtain prior legal review from the Office of General Counsel.

NRC Employees: NRC Employees in official travel status should be reimbursed via travel authorization. Lodging charges should not appear on the agreement with the meeting/conference space.

REQUIRED: RECOMMENDATION BY THE OFFICE OF ADMINISTRATION/

DIVISION OF ADMINISTRATIVE SERVICES

Your signature certifies that a thorough review of onsite conference space has been researched to meet the requirements of the meeting or conference space requested.

Name and Title:

Signature: Date:

Recommendation:

3



Meeting Title:

Attachment 2

Dates:

IF APPLICABLE: NO LEGAL OBJECTION BY THE OFFICE OF GENERAL COUNSEL

FOR ACQUISITIONS THAT INCLUDE FOOD AND BEVERAGE AND/OR REQUIRE

OVERNIGHT LODGING ACCOMMODATIONS

Your signature/approval certifies that a prudent review of conference-related activities and expenses involving food and beverage and/or overnight lodging accommodations has been conducted and that such activities and expenses are lawful.

Name and Title:

Signature: Date:

REQUIRED: APPROVAL BY THE OFFICE DIRECTOR OR REGIONAL ADMINISTRATOR

FOR ACQUISITIONS LESS THAN OR EQUAL TO $100,000

In accordance with the information submitted, I approve of the activities for the requested meeting/conference. I certify that the meeting/conference expenses and activities comply with both the Federal Travel Regulations (FTR) and the Federal Acquisition

Regulation (FAR) requirements on lodging, food and beverage, per diem reimbursement, and the contracting of goods and services. Furthermore, I attest that attendance and expenses are limited to only the levels required to carry out the mission of the meeting/conference, as provided in the Office of Management and Budget (OMB) guidance dated May 11, 2012. This approval is based on the following:



No Federal funds are used for unnecessary and inappropriate purposes.



All conference expenses and activities comply with both the Federal Travel

Regulation and Federal Acquisition Regulation requirements on lodging, food and beverages, per diem reimbursement, and contracting of goods and services.



Conference attendance and expenses are limited to only the levels required to carry out the mission of the conference.

Name and Title:

Signature: Date:

4


Attachment 2


Meeting Title:

Dates:

IF APPLICABLE: APPROVAL BY THE DIRECTOR, OFFICE OF ADMINISTRATION

FOR EXCEPTIONS TO THE “ORDER OF PRECEDENCE”

In accordance with the information submitted, I approve an exception to the “order of precedence” for the offsite space requested. I certify that my decision thoroughly evaluates the use of appropriate funds at it pertains to offsite space and complies with both the Federal Travel Regulations (FTR) and the Federal Acquisition Regulation (FAR) for the contracting of goods and services and is in compliance with the Office of

Management and Budget (OMB) guidance dated May 11, 2012. This approval is based on the following:











Name and Title:

Signature: Date:

IF APPLICABLE: APPROVAL BY THE EXECUTIVE DIRECTOR FOR OPERATIONS OR THE

DEPUTY EXECUTIVE DIRECTOR FOR OPERATIONS FOR ACQUISITIONS GREATER

THAN $100,000


Regulation (FAR) requirements on lodging, food and beverage, per diem reimbursement, and the contracting of goods and services. Furthermore, I am approving the conference in accordance with the Office of Management and Budget memorandum dated May 11,

2012. This approval is based on the following:











Name and Title:

Signature: Date:

5



Meeting Title:

Dates:

IF APPLICABLE: WAIVER BY THE HEAD OF THE AGENCY (CHAIRMAN)

FOR ACQUISITIONS GREATER THAN $500,000

Attachment 2


Regulation (FAR) requirements on lodging, food and beverage, per diem reimbursement, and the contracting of goods and services. Furthermore, I attest that attendance and expenses are limited to only the levels required to carry out the mission of the meeting/conference, as provided in the Office of Management and Budget (OMB) guidance dated May 11, 2012. This approval is based on the following:











Name and Title:

Signature: Date:

6


Attachment 3

ENTERPRISEWIDE CONTRACT/BLANKET PURCHASE AGREEMENT (EWC/BPA)

VENDORS FOR OFFSITE MEETINGS AND CONFERENCE SPACE

Details of these EWC/BPA awards (ordering procedures, meeting room types, audiovisual equipment and services, prices, and available discounts) are available on the

EWC SharePoint Site .

SMALL BUSINESS EWC/BPA VENDORS

EWC/BPA VENDOR

Doubletree by Hilton

Bethesda –Washington, DC

8120 Wisconsin Avenue

Bethesda, MD 20814

1-866-257-5990

Holiday Inn Express Rockville –Bethesda North

(formerly the Legacy)

1775 Rockville Pike

Rockville, MD 20852

1-877-410-6667

EWC/BPA ORDER#

NRC-HQ-13-A-10-0001

NRC-HQ-13-A-10-0002

Hyatt Regency Bethesda near Washington DC

One Bethesda Metro Center

(7400 Wisconsin Ave)

Bethesda, MD 20814

1-301-657-1234

Residence Inn Bethesda Downtown

7335 Wisconsin Avenue

Bethesda, MD 20814

1-301-718-0200

NRC-HQ-13-A-10-0004

NRC-HQ-12-A-10-0016

LARGE BUSINESS EWC/BPA VENDORS

EWC/BPA VENDOR

Bethesda North Marriott Hotel and Conference Center

5701 Marinelli Road

Bethesda, MD 20852

1-866-257-5990

Hilton Washington DC/Rockville Hotel and Executive Meeting Center

1750 Rockville Pike

Rockville, MD 20852

1-301-468-1100

EWC/BPA ORDER#

NRC-HQ-12-A-10-0013

NRC-HQ-13-A-10-0003

1


1. Task Order #

U.S. Nuclear Regulatory Commission

BPA Order Form

BPA #:

2. Date of Order

Attachment 4

Title of Event:

3. Statement of Work

(Place of Performance is Contractor’s location)

Date(s) and Times of Event:

Meeting Room(s) Requirements

(include setup type, seating capacity, special equipment, and any additional requirements):

Audio-Visual Requirements (include equipment list and any specifications or additional requirements):

Anticipated Sleeping Rooms

(Number of sleeping rooms that the NRC requests be set aside for reservation by federal attendees and by non-federal attendees, and room block release date):

1

Updated 01/2013_ADM/DC

Attachment 4

Other Details

(Include any other information as necessary):

BPA ORDER FORM

CLIN 0001: Full Day Meeting Rooms

Item Quantity Unit

4. Price/Cost Schedule

Fixed Unit

Price

CLIN 0002: Half Day Meeting Rooms

Item Quantity Unit Fixed Unit

Price

CLIN 0003: Audio-Visual Equipment


Price

Day(s)

Day(s)

Day(s)

Service

Charges,

Fees, Etc.

Service

Charges,

Fees, Etc.

Total Fixed

Price

Total Fixed

Price

Service

Charges,

Fees, Etc.

Total Fixed

Price

2


Attachment 4

BPA ORDER FORM

CLIN 0004: Audio-Visual Labor


Price

Day(s) Service

Charges,

Fees, Etc.

Total Fixed Price of BPA Order (Ceiling)

Note: Total cannot exceed $3,000.00

$

5. Accounting and Appropriation Data (Payment will be made by Government Purchase Card)

Total Fixed

Price

6. Acknowledgment and Acceptance of BPA Order

Name - NRC PURCHASE CARD HOLDER Office

Email

Signature

Name – CONTRACTOR

Email

Signature

Phone

Title

Phone

Date

Date

3


GUIDELINE FOR NON-EWC/BPA ACQUISITIONS

Attachment 5

Issue Remarks

1 Applicability of Federal law and the FAR. All hotel agreements should contain the following statement:

Try to incorporate through negotiation. If not successful, these terms should be present somewhere in the agreement.

“It is acknowledged and understood that the NRC is a Federal agency of the

United States Government.

Accordingly, and not withstanding any other terms or conditions contained in this agreement, the agreement is subject to Federal law, remedies, procedures, disputes and payment provisions contained under the Federal

Acquisition Regulation (FAR).

Agreement terms that are inconsistent with or contrary to Federal law and the

FAR are deemed inapplicable and superseded. This agreement is subject to availability of appropriated funds.”

2 Disputes. a. Does the agreement state that any claims or disputes shall be governed by the Contract Disputes Act?

If not, revise: “Both parties agree that any claims or disputes shall be governed by the Contract Disputes Act of 1978, 41 U.S.C. § 601 et seq.” b. Does the agreement propose mediation? If so, this is acceptable, but check the mediation terms with counsel. c. Does the agreement propose arbitration? If so, this is unacceptable. Delete the arbitration provision (per U.S. Department of Justice).

3 Does the agreement require NRC payment upon receipt of invoice, upon receipt of

Master Account charges, or impose interest on late payments?

Terms can be acceptable if correct Prompt Payment Act provisions are identified. Otherwise, the terms may violate the Prompt Payment Act (PPA). Revise to state that payment shall be made in accordance with the

PPA.

4 Are there any provisions that impose potential liability on the Federal

Government, its employees, or officials (look for words “indemnify,” “hold harmless,” and

“defend”)?

If so, delete any paragraph that contains such words.

The U.S. Government may never agree to indemnify, defend, or hold harmless, as this creates a contingent liability in violation of the Antideficiency Act and the

Adequacy of Appropriations Act.

1

Updated 01/2013_OGC

Attachment 5


Issue Remarks

5 Are there any other provisions that violate the Antideficiency Act (31 U.S.C. § 1341)?

Examples include provisions that:

1) require payment by the NRC of all reasonable costs

2) require NRC to pay unspecified taxes or fees beyond the negotiated price

3) allow for automatic renewal periods

4) require the NRC to pay attorney fees or litigation expenses, unless the statement reads: “Expenses and attorney fees are recoverable only to the extent authorized by federal law.”

If so, delete any such provisions.

6 Is a termination clause included? If so, confer with counsel.

7 Choice of laws and jurisdiction:

Are there any clauses providing that the agreement will be interpreted in accordance with the laws of a particular State?

(Frequently titled, “Governing Law” or

“Jurisdiction.”)

Revise as:

“This Agreement shall be governed by, and interpreted in accordance with, applicable Federal law and regulations. To the extent that Federal law does not apply and existing State law could be become applicable to this agreement, the laws of the State of

__________ shall apply. Disputes between the parties relating to the execution, performance, validity, interpretation or construction of this agreement that cannot be resolved amicably by the parties shall be submitted to the exclusive jurisdiction of the Board of

Contract Appeals or Court of Federal Claims in accordance with the Contract Disputes Act.

8 Does the a greement contain an “entire a greement” provision? (Such a provision would say something such as the h otel’s form constitutes the entire agreement between the hotel and the NRC, or is the final expression of the agreement between the parties, or that it supersedes all other agreements between the parties).

If so, delete that language. The terms and conditions of the government’s contract or order, FAR clauses, and applicable Federal law cannot be superseded solely by the h otel’s agreement form.

9 Does the agreement require the NRC to purchase insurance?

If so, delete that language. The U.S. Government is self-insured. Also, the liability of the Government for any personal injuries or damage to hotel property is governed by the Federal Tort Claims Act.

2

Updated 01/2013_OGC

Attachment 5


Issue

10 Does the agreement provide for liquidated damages for unused rooms (as opposed to a cancellation fee or an attrition fee)?

Remarks

Attempt to negotiate away. Liquidated damages (LDs) for cancellation are disfavored; LDs fixed without any reference to probable actual damages is deemed a penalty and is often unenforceable. The NRC may agree to pay a cancellation or attrition fee, but if so it must assert the hotel’s obligation to mitigate damages, with language along the lines of: “Any cancellation fee will be reduced by the amount the hotel receives in the event of another booking for facilities not used by the

NRC and covered by this a greement.”

11 Does the agreement provide for other liquidated damages, e.g., for damages, repairs, etc?

If so, that is unacceptable as a penalty.

12 Does the a greement contain a “Force

Majeure” or “Acts of God” clause? These clauses say that either party may be excused from its obligation to perform in extraordinary events such as war, terrorism, disasters, strikes, etc.

Generally acceptable. Confer with counsel.

13 Does the agreement provide for complimentary rooms?

Generally unacceptable, unless it’s a benefit customarily offered in the marketplace. Confer with counsel.

14 Does the agreement include food or refreshments?

Never purchase food or refreshments with appropriated funds unless that purchase has been pre-approved by

ADM. The purchase of refreshments for meetings and conferences with appropriated funds is usually illegal, and can subject the purchaser to personal liability in the amount of the purchase as well as to administrative discipline and criminal liability.

3

Updated 01/2013_OGC

Attachment 6

SUMMARY OF FEDERAL APPROPRIATIONS LAW ON

FOOD AND REFRESHMENTS

Food or refreshments may not be purchased with appropriated funds, except where there is specific statutory authority to do so.

Refreshments are personal expenses that individuals are expected to pay for with their own personal funds and are not “necessary expenses” of an agency’s appropriation. Attendees at meetings and conferences should purchase their own coffee or refreshments and not expect

U.S. taxpayers to pick up the tab for this expense. However, food and beverages may be purchased with appropriated funds when specifically authorized by statute. The following are the exceptions that are authorized by specific statutes.

(1)

5 U.S.C. § 5702–Per Diem; Employees Traveling on Official Business



The NRC may provide food for NRC employees traveling on official business, in lieu of paying the per diem to which they would otherwise be entitled while on travel status.

Another statute (5 U.S.C. § 5703) applies a similar rule to “intermittent employees”

(non-Federal personnel serving the agency without pay) in travel status.

(2) U.S.C. § 4109–Government Employee Training Act



The NRC may provide food to NRC employees (but not to non-NRC employees) when it is necessary to achieve the objectives of a valid training program.



Example: The NRC sends an NRC employee to a local conference that has a lunchtime speaker and pays for th e employee’s food, under certain limited circumstances.



Example: In a valid NRC training program, a particular speaker can only speak over lunchtime, and if employees were released for lunch they would miss the lecture, which in turn would cause the objectives of the training program to fail to be met.



Example: Where food is itself part of the training (e.g., food samples of a particular culture to teach employees about that culture, culinary training for Army cooks, etc.)

NOTE: Providing refreshments to prevent employees from going to a coffee shop and returning late is not “necessary to achieve the objectives of a training program.”

(3) The NRC’s Annual Appropriations Act (Official Representation Funds)



The

NRC’s appropriation contains “not to exceed $25,000” of official representation funds to extend official courtesies to maintain the standing and prestige of the United

States.

 Therefore, the NRC may not spend more than $25,000 for this “good host” purpose.

1

Updated 01/2013_OGC

Attachment 6

SUMMARY OF FEDERAL APPROPRIATIONS LAW ON

FOOD AND REFRESHMENTS

(4) 5 U.S.C. §§ 4503-4504–Statutory authority dealing with civilian employees incentive awards



The NRC is authorized to spend money (including purchasing food for honorees and attendees) to honor NRC employees who receive civilian employee incentive awards.



But this exception does not apply when the event is primarily designed to achieve other agency objectives.

(5) Non-Statutory Exception: Food and refreshments that are not purchased with appropriated funds

 Some conference facilities, as a business policy, always provide refreshments “free of charge” as a mandatory, nonseparable, and non-negotiable part of the facility rental fee.



Under these circumstances, no statutory authority is required because the NRC is not purchasing any food (the NRC is purchasing only the meeting space).



Meeting space must be competitively priced to facilities that do not include free food.



If the facility is willing to provide the meeting space at a lower price without the food, then the NRC must negotiate away the food to obtain the lower price.

As a reminder, you must not make financial commitments to hotels or other vendors unless you have the proper authority to do so. Anyone who financially commits the government to a vendor without the proper authority, risks being held personally liable for the amount of the commitment.

2

Updated 01/2013_OGC

Attachment 7

MEETING ROOM SETUPS

Banquet Rounds



Definition

A banquet round table used to maximize seating requirements for a variety of purposes.



Used for

�awards or meetings for large groups



Pros

�ample work space

�good local interaction

�encourages business and socialization for any size group



Cons

�poor full-room interaction

�sound bleed from close-by tables

Crescent Rounds



Definition

�A banquet round table may be used without chairs on the side closest to the speaker. (This format would double the space required.)



Used for

�ideal for presentation meetings with small group interaction



Pros

�ample work space

�good local interaction



Cons

�poor full-room interaction

�sound bleed from close-by tables

Theater Style



Definition

�Chairs are lined up in rows facing a stage or other focal point in the room. Stacking banquet style chairs are most often used, but ergonomic chairs can be set in this manner. No tables are used for the audience.

�This is the most efficient set-up when the attendees will act as an audience. This set-up is not recommended for note-taking



Pros

� good for large groups when reading/writing are not required



Cons

� no writing surface

� minimal group interaction

1


Attachment 7


Classroom style



Definition

�Long, narrow tables are placed in rows with standard or ergonomic chairs on one side of the table facing a focal point.



Used for

�This set-up is ideal for note-taking, meetings requiring multiple handouts or reference materials, or other tools such as laptop computers. This is the most comfortable set-up for long sessions.



Pros

�presenter can see all participants

�accommodates large groups in less space



Cons

�minimal interaction possible

�participants only see each other’s backs

Conference Style



Definition

�Conference style basically means one table where attendees are seated around all sides. This set-up promotes dialogue between participants.



Used for

�This set-up is often used for Board of Directors meetings, committee meetings, or discussion groups.



Pros

�good work space

�good working atmosphere

�good interaction between participants



Cons

�not ideal for audiovisual presentations

�not ideal for speakers

�not ideal for larger groups

U-Shape



Definition

Rectangle tables are placed in a pattern resembling the letter

“U.” Chairs are most frequently placed on the outside of the

“U,” but it is possible to seat attendees on all sides.



Used for

This set-up is often used for Board of Directors meetings, committee meetings, or discussion groups



Pros

�good work space

�good interaction between participants

�ideal when audiovisual or speakers are involved



Cons

�not ideal for larger groups

2

Updated 01/2013_ADM/ASC

Attachment 7


Hollow Square



Definition

Rectangle tables are placed in a pattern resembling a square.

Chairs are most frequently placed on the outside of the square, but it is possible to seat attendees on all sides.



Used for

This set-up is often used for Board of Directors meetings, committee meetings, or discussion groups



Pros good work space good interaction between participants ideal when audiovisual or speakers are involved



Cons not ideal for larger groups

Reception



Definition

Hightop or “pub-style” tables are placed throughout the room with limited or no seating



Used for generally encourages the flow of traffic so participants can mix and mingle



Pros good interaction between participants



Cons not ideal if seating required for all participants

3


Attachment 8

PROGRAM OFFICE

Need for

Meeting/

Conference

( Identify

Requirements)

Complete NRC

Checklist for

Offsite Meetings/

Conferences

Space

Available

Onsite?

N

Obtain ASC

Signature

(ASC Signature not Required for

Regions

Obtain OD or RA

Signature

Additional

Approvals as

Applicable

Exception to the

“Order of

Precedence

Obtain Director,

ADM Approval

Y

Contact

EWC/BPA

Vendor(s) for

Availability

CURRENT STATE FLOWCHART FOR MEETINGS/CONFERENCES

DIVISION OF CONTRACTS

Reserve Onsite

Space Using

Microsoft

Outlook

Scheduler

Conduct

Meeting/

Conference

Send BPA

Order Form and Obtain

Quote(s)

Award to

EWC/BPA

Vendor with

Purchase Card

Y

EWC/BPA

Vendor

Available?

Office

Purchase Card

Holder Retains

Award &

Documents

N

Send

Confirmation to

Requesting

Office

Submit NRC

Checklist to

Office Purchase

Card Holder for

Processing

Contact NON-

EWC/BPA

Vendor(s) for

Availability

Award to

Vendor

Obtain

Quote(s)

Award to NON-

EWC/BPA

Vendor with

Purchase Card

N

Estimated

Cost >

$3K?

Y

Submit NRC

Checklist, Form

400 (RFPA) with

Certified Funding,

SOW, IGCE, &

Supporting

Documents to DC for Processing

Is the Estimated

Cost of the

Meeting >

$15K?

Y

N

Minimum of

Three Vendors for Quote

(Starting with

EWC/BPA

Vendors)

Food,

Refreshments, or

Lodging

Estimated Cost

$100k > $500k

Estimated Cost >

$500k

Obtain Legal

Review by OGC

Obtain DEDO

Approval

(EDO approval for

Non-DEDO Offices)

Obtain DEDO

(EDO approval for

Non-DEDO Offices)

AND

Chairman Approval

KEY ABBREVIATIONS

ADM- Office of Administration

ASC – Administrative Services Center

BPA – Blanket Purchase Agreement

DEDO – Deputy Executive Director for Operations

EDO – Executive Director for Operations

EWC – Enterprise Wide Contract

IGCE – Independent Government Cost Estimate

OD – Office Director

OGC – Office of General Counsel

RA – Regional Administrator

RFPA – Request for Procurement Action

SOW – Statement of Work

Post According to Federal

Acquisition

Requirements

Obtain Quote(s) from Vendor(s), including

EWC/BPA

Vendors


TAB (K)

Title: “Using Microsoft Outlook Scheduler/FAQ”


room-setup

PROGRAM OFFICE

CURRENT STATE FLOWCHART FOR MEETINGS/CONFERENCES

DIVISION OF CONTRACTS

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