IA-84-734, Responds to Appeal Re Denial of FOIA Request for Replies to Tayloe Questions Re Invitation for Bids,SECY-84-327, Per App D of NRC 850206 Partial Response Ltr.Document Withheld (Ref FOIA Exemption 5)
| ML20129B946 | |
| Person / Time | |
|---|---|
| Issue date: | 04/11/1985 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Riley A TAYLOE ASSOCIATES |
| References | |
| FOIA-84-734, FOIA-85-A-9 NUDOCS 8507150638 | |
| Download: ML20129B946 (1) | |
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UNITED STATES NUCLEAR RECULATORY COMMISSION G& /6 b
[ W ASHINGTON, D.C. 20565
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Ms. Ann Riley, President Tayloe Associates 1625 I Street, N.W., Suite 1004 IN RESPONSE REFER TO Washington, D.C. 20006 85-A-9(84-734)
Dear Ms. Riley:
This letter responds to your March 7,1985, Freedom of Information Act appeal of "an initial F0IA decision rendered by Judge B. Paul Cotter ...
which ... withheld the document described in Appendix D" of the NRC's February 6,1985 partial response letter to F0lA-84-734. The Commission denies your appeal, as explained below.
l The " Appendix D" document entitled " Replies to Tayloc Questions Re IFB l No. SECY-84-327" is a predecisional document which reflects the opinions, advice and reconnendations of one member of the contracts selection panel.
The opinions expressed in this document are preliminary in nature and have not been expressly adopted nor incorporated by reference in any final agency action.
Release of this predecisional document would inhibit the open and frank exchange of ideas between NRC staff members who are responsible for review-ing contract bids. This candid exchange of opinions and ideas between staff members charged with these responsibilities is essential to sound agency decisionmaking. For these reasons, the Commission has decided that release of this document is not in the public interest. The document contains no reasonably segregable factual portions. Accordingly, the Connission determined that the document should continue to be withheld in its entirety pursuant to the " deliberative process" privilege incorporated in Exemption 5 of the Freedom of Information Act 5 U.S.C. 552(b)(5), and the Commission's regulations,10 CFR 9.5(a)(5).
This Ictter represents final agency action on your March 7,1985 F0IA appeal. Judicial review of this decision is available in federal district court in the district in which you reside or have your principal place of business, or in the District of Columbia.
Sincerely,
/v les n nuel J. hilk ecretary of the Commission 0507150630 00041t 9 PDH NEYU
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Ms. Ann Riley Tayloe Associates 1625 I Street, NW, Suite 1004 IN RESPONSE REFER Washington, DC 20006 TO F01A-84-734
Dear Ms. Riley:
This is in further response to your letter of September 12, 1984, in which you requested, pursuant to the Freedom of Infomation Act (FOIA), documents related to selected NRC contracts for court reporter services.
We previously made available documents identified in a letter to you dated November 15, 1984, and December 14, 1984.
The records identified on the enclosed Appendix C are now available for public inspection and copying at the NRC Public Document Room.
Note that portions of item 7 on Appendix C have been withheld from public disclosure, pursuant to Exemptions 4 and 5 of the F0IA (5 U.S.C. 552(b)(4) and (5)) and 10 CFR 9.5(a)(4) and (5) of the Comission's regulations, as noted on the document. This document contains (1) financial cost and pricing infomation related to performance of stenographic reporting services, the disclosure of which could cause competitive harm to the companies which provided the infomation; and (2) predecisional infomation containing advice, opinions, and recomendations, the disclosure of which would inhibit the candid and frank communication within the NRC staff and thus would not be in the public interest.
The one to pursuant document identified Exemption on Appendix 5 of the F01A (5 U.S.C.D552(b is being (5)) w)ithheld and 10 CFRin 9.5(a) its entirety (5) of the Comission's regulations. The document contains advice and recomendations of the Atomic Safety and Licensing Board Panel with regard to the review of anticipated submissions by bidders under Invitation for Bids (IFB)No.SECY-84-327. The disclosure of this document would inhibit candid and frank comunication within the NRC staff and thus would not be in the public
, interest.
, Pursuant to 10 CFR 9.9 and 9.15 of the Comission's regulations, it has been detemined that the infomation withheld is exempt from production or l disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of portions of item 7 on Appendix C are the undersigned and Mr. Edward L. Halman, Director, Division of Contracts, Of fice of Administration. The person responsible for the denial of the document on Appendix D is Mr. B. Paul Cotter, Jr., Chief Administrative Judge, Atomic Safety Licensing Board Panel.
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The denial by Mr. Halman and myself may be appealed to the Executive Director j for Operations within 30 days from the receipt of this letter. Any such J appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision." The denial by Mr. B. Paul Cotter, Jr., may be appealed within 30 days to the Comission and should be addressed to the Secretary of the Comission.
The staff has also identified a bid and associated documents relating to a submission under IFR SECY-84-327 from a firm which subsequently withdrew its bid. Please let us know by February 15, 1985, if you wish to have these documents co'nsidered for release under your request. Otherwise, we will consider these documents to be outside the scope of F01A-84-734.
We referred to the Small Business Administration (SBA) one document, which was originated by that agency, for a disclosure determination and direct response to you by the SBA.
The staff-is reviewing additional records subject to your request. We will notify you upon completion of this review.
Since ly, J t Felton, Director vision of Rules and Records j Office of Administration
Enclosures:
As stated
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APPENDIX C ,
RECORDS IN PDR FOLDER F01A-84-734 Contract No. 17-83-399
- 1. 03/18/83 Memorandum for Edward L. Halman, ADM:DC, from Patricia G. Norry, ADM, entitled " Stenographic Reporting Services" (1 page) with attached memorandum for William J. Dircks, EDO, from Samuel J. Chilk, Secretary, dated 03/15/83, entitled " Stenographic Reporting Services" (2 pages).
Note that this attachment was already made publicly avail-able in FOIA-84-734, Appendix B, item 4.
- 2. 09/20/83 Mamorandum Sr file from Ann Tipton, SECY, entitled
" Reporting Coritract" with attached list of Comission Meetings (3 pages).
- 3. 01/04/84 Memorandum for the record from Walter Magee, SECY, entitled
" Phone Call to Duane Kidd (ADM/ DOS) on December 30, 1983" (1page).
- 4. 02/17/84 Letter to Ann Riley, Tayloe Associates, from Patricia A.
Sullivan,-SECY, regarding quality of bond paper for Comission transcripts (3 pages).
IFB No. ASB-84-352 - Prior to Receipt of Bids
- 5. 02/13/84 Letter to Kathryn A. Davis, ADM:DC, from Rose Ann Sharp, Alderson Reporting, requesting clarification of solicitation (3pages).
- 6. 02/15/84 List of questions regarding IFB No. ASB-84-352 (3 pages).
IFB No. ASB-84-352 - Evaluation of Bid and Contract Award
- 7. 08/06/84 Sumary of Procurement for NRC-21-84-352, signed by Kathryn A. Davis and Mary Jo Mattia, ADM:DC, (10 pages) with four attachments: Attachment 1, entitled " Report of the Source Evaluation Panel - ASB-84-352, dated 07/20/84 (10 pages);
Attachment 2, Cost Comparison Chart (1 page); Attachment 3, Cost Comparison Chart (1 page); and Attachment 4, entitled j " Report of the Chairman Source Evaluation Panel - ASB-84-352" (2 pages).
IFB No. SECY-84-327
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- 8. 12/21/83 Memorandum for Mary Jo Mattia, ADM:DC, from John C, Hoyle, SECY, entitled " Statement of Work - Stenographic Reporting 1 . - - - . .- _
Re: FOIA-84-734 Services Contract (Washington Area)" (2 pages) with attached NRC Fonn 187, " Security / Classification Requirements" signed by John C. Hoyle dated 12/20/83, attached NRC Fonn 400, " Request for Procurement Action (RFPA)" signed by John C. Hoyle dated 12/20/83,and draft Statement of Work for SECY-84-327 (31 pages).
- 9. 01/13/84 Memorandum for John C. Hoyle, SECY, John Cho, ASLAP, Charles Fitti, ASLBP, William M. Dorie, ADM, and Austin L. Newsom, ACRS, from Samuel J. Chilk, Secretary, entitled " Source Evaluation Panel (SEP) for Reporting Services Contract (Washington Area)" (2 pages).
- 10. 01/20/84 Routing and Transmittal Slip to John C. Hoyle, SECY, from Kathryn A. Davis, ADM:DC, with attached milestone schedule (6 pages).
- 11. 01/25/84 Memorandum for Edward L. Halman, ADM:DC, from Raymond J. Brady, ADM:SEC, entitled " Approval of NRC 187 for Stenographic Reporting Services" (2 pages).
- 12. 01/26/84 Memorandum for John C. Hoyle, SECY, from Mary Jo Mattia, ADM:DC, entitled " Milestone Schedule - SECY-84-327, Entitled ' Stenographic Reporting Services, Washington, D.C. Metropolitan Area'" (5 pages).
- 13. 02/22/84 Letter to Verl Zanders, SBA, from Mary Jo Mattia, ADM:DC, in response to SBA letter of 02/08/84 regarding SBA concerns regarding tenns of IFB No.. SECY-84-327 (3 pages).
- 14. 03/09/84 Memorandum for Samuel J. Chilk, Secretary, from Edward L.
Halman, ADM:DC, entitled " Requirement for Copies of Transcripts on Floppy Disk Media, IFB No. SECY-84-327" (1 page).
- 15. 03/13/84 Memorandum for Edward L. Halman, ADM:DC, from John C. Hoyle, SECY, entitled " Requirement for Copies of Transcripts on Floppy Disk Media, IFB No. SECY-84-327" (1 page).
- 16. 03/13/84 Schedule A - Competitive Procurement Milestone Schedule g
for RFPA No. SECY-84-327 (2 pages).
j 17. undated Questions Concerning IFB No. SECY-84-327 (7 pages).
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i APPENDIX D ;
RECORD WITHHELD UNDER F0IA-84-734 Exemption 5
- 1. 02/09/84 " Replies to Tayloe Questions regarding IFB No. SECY-84-327" by Charles J. Fitti, ASLBP (3 pages).
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- f TAYLOEASSOGATES Court Reporters I 1625 i Street.N.W. Suite 1004 '
. Washington, D.C. 20006 (202) 293-3950 September 12, 1984 Mr. J. M.
Felton, Director Division of Rules 8 Records FREEDOM OF INFORMATK)N Office U.S. of Administration ACT, REQUEST.
Nuclear Regulatory Wa shingt on, D. C. 20555 Commission [O.Z'/
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Dear Mr. Felton:
i'- M "I we request Pursuant to the Freedom ofInformation Act, the following documents:
1.
All documents, including drafts and notes of meetings, thereof concerning the evaluation and the negotiation of proposals submitted pursuant to Request for Proposal No.
request includes RS-SECY-82-473 all proposals (this pricing information); ,
including 2.
All documents, including and notes of meetings, concerning drafts thereof the administration of Contract No. (i) 17-83-399, and (ii) process not to exercise NRC's decisionmaking NRC Contract No. 17-83-399; the option under 3
All documents including drafts thereof related to IFB No.and notes of meetings, rs concerning matt the receipt of bids;ASB-84-352 prior to 4.
All documents, including drafts and notes of thereof evaluation ofmeetings, concerning the under IFB No.ASB-84-352; bids and contract and award E =
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