ML20006B537
| ML20006B537 | |
| Person / Time | |
|---|---|
| Issue date: | 01/09/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Dodd C SENATE |
| Shared Package | |
| ML20006B538 | List: |
| References | |
| CCS, NUDOCS 9002050041 | |
| Download: ML20006B537 (3) | |
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UNITED svAYes i
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NUCLEAR REGULATORY COMMisalON
,j WJ GHINGTON, D. C. s9885
%,,,,,,,8 January 9, 1990 The Honorable Christopher J. Dodd United States Senator Putnam Park 100 Great Meadow Road Wethersfield, CT 06109
Dear Senator Dodd:
I t.m responding to your letter of December 11, 1989, to Mr, Dennis Rathbun regarding a late proposal we-receivod from Dunlap and Associates, Inc. in
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reply to our solicitation RS-RES-90-053.
The standaro Federal Acquisition Regulatior, clause dealing with late submission of proposals (copy enclosed) was included in the solicitation.
The clause provides, in pdrt, that late proaosals will be accepted if they were sent by mail and it is determined by tie Government that the late receipt was due solely to mishandling by the Government af ter receipt at the Government installation.
The Dunlap prcposal rias delivered to our mail room at 9:37 a.m. and should have been delivered with the next scheduled mail delivery leaving the mail room at 10:00 a.m. and arriving at the oesignated location at 10:30 a.m.
The proposal was received at the designated location at 1:30 p.m.
We have, therefore, determined that the primary cause of the delay was mishandling.
in the process of mail delivery. We have so notified Dunlap whose proposal will be evaluated along with the other timely received proposals.
We appreclste your taking the time to address this issue and trust that 'our actions are satisfact0ry.
Sincerely, l
m k -/
J es M. TayNr xecutive Director for Operations
Enclosure:
As stated gD. TEXT ASoli scan ESR**8R841 ggoggv (S$
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FAC 84-17 MAY 6,1986
$2.21Mo FEDERAL ACQUISmON REGULATION (FAR) ahat! bc (1) submined at no expense to the Govemment and (f) Notwithstanding paragraph (a) above, a late mod.
f (3) returned at r.S sender's request and capense, unless ification of an otherwise successful proposal that l
l they are destroyed during preeward testing, makes its terms more favoracle to the Government will l
(End of pmvision) be considered at any time it is received and may be (R SF 33A Para S 1978 JAN) accepted.
t (t) Proposals may be withdrawn by written notice or 53.215 10 Late Submissions Modirleations, and telegram (including mailgram) received at any time before Witt drawals of Proposals.
award. Proposals may be withdrawn in person by an offer.
As presenbed in 15.407(c)(6), insen the following pro-or or an authonted repuseatsuve, if the represei.mtive's vision in requests for prop-sals:
identity is made known rmd the representative signs a LATE SUBMISSIONS, MODIFICATIONS, AND receipt for the proposal before award.
WITHDRAWALS OF PROPOS ALS (APR 1984)
(End of provision) ra) Any proposal received at the office designated in the (R 7 2002.41970 MAR) solicitation after the exact time specified for receipt vMil (1 3.802.1) not be considered unless it is received before award is made and it-
!2.21511 Authorized Negotiators.
(1) Was sent by registered or cemfied mail not later As presenbed in 15.407(c)(7), insert the following pro-than the fifth calendar day before the date specified for vision in all requests for propNals and requests for quota-receipt of offers (e.g., an offer submitted in respor.se to tions:
a solicitation requinng receipt of off:rs by the 20th of AUTHORIZED NEGOTIATORS (APR 1984) the month must have been mailed by the 13th);
he offerer or quoter represents that the following per.
(2) Was sent by mail (or ie!cgryn if authorized) and soas are authorized to negotiate on ite behalf with the it is determined by the Govemment that the late receipt Govemment in connection with this request for proposals was dt.e solely to mishandling by the Govemment after or quotations: (ilst acmes, titles, and telephone numbers of receipt at the Government installatien: cr inc authortred negotiators).
(3)is the only proposal received.
(End of provision)
(b) Any modincauon of a proposal or quotation, cicept (R 3 501(b) Sec K (iv))
a modification resulting from the Cortracting Officer's irquest for "best and final" offer, is subject to the same
$2.21512 Mestriction on Disclosure and Use of Data.
i conditions as in subparagraphs (a)(1) an J (2) above, As prescribed in 15.407(c)(8), insert the following pro-l (c) A modification resulting from the Contracting vision in requests for proposals and requests for quotations:
Officer's request for "best and final" offer n'ceived after RESTRICTION ON DISCLOSURE AND USE OF DATA
(
the time and date speciSed in the request uil not be con-(APR 1984) sidered unless rxeived before award and the late receipt is Jfferors or quoters who include in their proposals or due solely to rr.ishanding by the Govemrnent after receipt quotations data that they do not want disclosed to the pub-at the Government installation.
lic for any purpose or used by the Govemment except for (d) The only acceptable evidence to establish the date of evaluation purposes, shall-mailing of a late proposal or modification sent either by (a) Mark the title page with the following legend:
registert.d or certined mail is the U.S. or Carradian Postal
'This proposal or quotation includes data that shall not be dis.
Service postmark or, the wrapper or on the enginal receipt closed outside the Govemment and shall not be duplicated, used.
from the U.S. or Cadian Postal Service. If neither post-or disclosed-in whole or m part-for any purpose other than to mark shows a legible date, the proposal, quotation, or mod-evaluate this proposal or quotation. If, however, c. contract is l
ifit:ation shall be processec ; ; if mailed late. " Postmark" awardad to this offeror or quoter as a result of-or in connecuon means a pnrted, stamped, or otherwise placed impression wahwho submission of this data, the Govemment shall have the (exclusive of a postage meter machine impression) that is nght tc duplicate, use, or disclose the data to the extent provided readily idenufiable without funhet action as raving been in the resulting contract. This restriction does not nit the supplied and affixed by employees of the U.S. or Canadian Govemment's nght to use information contamed in this usta if it Postal Service on the date of mailing. Therefore, offerors or it nblained from another sour:a without resmetion. ne data suts l
quoters should request the postal clerks to place a a nd
..t to this resmcuon ce contained in shecs [istert numbers or cancellation bull's cyc postrnark on roth the receipt anu me wer idennfication ofsheersi"; and envesme or wrapper.
ib) Mark each sheet of data it wishes to restnct with the (e Jhe caly acceptable evidence to establish the ume of following legend-receipt at the Government installation is the time /date "Use or disclosure of data contained on this sheet is subject to stamp of that installation on the proposal wrapper or other the restriction on the title pese of this proposal or quotation "
documentary evidence of roccipt maintamed by the instai-(End of provision) lation.
(R 3 501(b) Sec L(xxiv))
52 34 (FAC 84 40)
January 9,1990 The Honorable Christopher J. Dodd j
United States Senatoc Putnau Park i
F 100 Great Meadow Road Wethersfield, CT 06109
Dear Senator Dodd:
l I am responding to your letter of December 11, 1989, to Mr. Denrit Rathbun regarding a late proposal we received from Dunlap and Associttes, Inc. in l
l reply to our solicitation RS-RES-90-053.
The standard Federal Acquisitior Regulation clause dealing with late i
submission of proposals (copy enclosed) was included in the solicitation.
The clause provides, in part, that late proposals will be accepted if they were sent by mail and it is determined by the Government that the late receipt was due solely to mishandling by the Government.after receipt at the Government installation.
i The Dunlap proposal was delivered to our mail room at 9:37 a.m. and should i
have been delivered with the next scheduled mail delivery leaving the mail room at 10:00 a.m. and arriving at the designated location at 10:30 a.m.
The proposal was received at the designated location at 1:30 p.m.
We have, therefore, determined that the primary cause of the delay was mishandling in the process of mail delivery. We have so notified Dunlap whose proposal will be evaluated along with the other timely received proposals.
l We appreciate your taking the time to address.this issue and trust that our i
actions are satisfactory.
Sincerely, Odginal Signed By:
James li. Taylor James M. Taylor Executive Director for Operations i
Enclosure:
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