ML003721249
| ML003721249 | |
| Person / Time | |
|---|---|
| Issue date: | 06/20/2000 |
| From: | Norry P NRC/EDO |
| To: | Deal L Training Support Network |
| References | |
| FOIA/PA-2000-008A, FOIA/PA-2000-0210 | |
| Download: ML003721249 (2) | |
Text
June 20, 2000 Ms. Luisa Deal Training Support Network IN RESPONSE REFER P.O. Box 207 TO FOIA/PA 2000-008A La Jolla, CA 92038 (FOIA/PA 2000-0210)
Dear Ms. Deal:
I am responding to your letter of May 18, 2000, in which you appealed Ms. Carol Ann Reeds response of May 1, 2000, to your Freedom of Information Act (FOIA) request (FOIA-2000-0210). Ms. Reeds response denied release of the selected contractors proposal for RS-HR-00-281.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be withheld from public disclosure pursuant to Exemption 3 of the FOIA (5 U.S.C. 552(b)(3)) and 10 CFR 9.17(a)(3) of the Commissions regulations. Exemption 3 of the FOIA incorporates the disclosure prohibitions contained in other Federal statutes. The National Defense Authorization Act (41 U.S.C. Section 253(b), subsection (m)(1)), enacted in 1996, provides protection from public disclosure of the successful offerors proposal if it is not incorporated in the final contract. Moreover, the National Defense Authorization Act does not permit Federal agencies the discretion to release this information.
This is a final agency decision. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.
Sincerely,
/RA/
Patricia G. Norry Deputy Executive Director for Management Services
ML003721249 *See previous concurrences To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy OFFICE FOIS* Editor* FOIA/PA Off* ADM* OGC*
NAME MJPool /s/ B Calure /s/ CA Reed /s/ MLSpringer /s/ R Baum /s/
DATE 06/08/00 06/08/00 06/16/00 06/09/00 06/13/00 OFFICE DEDM NAME PG Norry /s/
DATE 06/19/00 06/ /00 06/ /00 06/ /00 06/ /00