ML19309F537
| ML19309F537 | |
| Person / Time | |
|---|---|
| Issue date: | 03/11/1980 |
| From: | Donoghue D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML19309F538 | List: |
| References | |
| TASK-CC, TASK-SE SECY-80-136, NUDOCS 8004300002 | |
| Download: ML19309F537 (3) | |
Text
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'A 800.4300002 UNITED STATES NUCLEAR REGULATORY COMMISSION March 11,1980 WASHINGTON, D. C. 20555 SECY-80-136 CONSENT CALENDAR ITEM
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For:
The Comissioners From:
Daniel J. Donoghue, Director Office of Administration f
^
Thru:
Executiye Director for Operations
Subject:
REVISION OF DELEGATION OF AUTHORITY TO THE DIRECTOR, OFFICE OF ADMINISTRATION
Purpose:
To delegate authority to the EDO to approve termination of contracts and agreements.
Discussion':
By letter dated January 20,1975(encl 6sure1),the Chaiman delegated certain authority to the Director, Office of Administration.
Paragraph 4 delegated authority to administer the contracting activities of the Cominion.
Paragraph 4(d) provided, however, that terminations of I
contracts or agreements must be submitted to the Comission i
or its authorized representative for approval.
CONTACTS:
R. Avery, ELD 49-28655 l
E.L.Halman, DC 42-74460 3
I 6
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. Under the " Disputes" clause presently 1/ contained in NRC contracts, the contractor has a right to appeal final decisions of the contracting officer to the cgency head or his authorized representative, including a decision to terminate a contract.
The Commission may investigate the merits of a case when deciding whether to approve the termination of a contract.
The Commission could also become involved in the resolution of an appeal from that termination.
It therefore would be prudent for the Comission to remove itself from the initial consideration of the decision to terminate so as to preserve its impartiality in the event that it becomes in-volved in a subsequent appeal of that decision.
The revised delegation of authority (enclosure 2) would enable the initial approval of the termination action to be taken by the EDO or his delegate.
Recomendation: That the Comission approve the delegation of authority presented in enclosure 2.
Coordination:
This paper has been coordinated with the Office of the Executive Legal Director which concurs in the recomendation.
Qd har MI IE00 Daniel J. Donoghue, Director Office of Administration
Enclosures:
- 1. Ltr 1/20/75 Chairman Anders to D/ADM
- 2. Revised Delegation of l
Authority l
_lj M present standard contract language will probably be revised as a result the Contract Disputes Act of 1978 to require decision of contract dis-putes by an agency board of contract appeals. As a practical matter, appeals taken under previous provisions of law still in effect would probably also be disposed of by a board designated by the Comission.
The Ccanission does, however, have the power to consider an appeal itself, hence, the need for the delegation recomended by this paper.
- Further, if the Comission ultimately designates an internal board of appeals, that board will function as the Comission's representative so that consideration by the Comission of the merits of a termination should still be avoided.
. Commiss:oners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, March 27, 1980.
Commission Staff Office conments, if any, shculd be submitted to the Commissioners NLT March 20, 1980, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
The paper is tentatively scheduled for affirmation at an Open Meeting during the Week of March 31, 1980.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations ACRS ASLBP ASLAP Secretariat
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