ML20006D932
| ML20006D932 | |
| Person / Time | |
|---|---|
| Issue date: | 02/07/1990 |
| From: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bickman J STOCKER & YALE, INC. |
| Shared Package | |
| ML20006D933 | List: |
| References | |
| FOIA-90-11 NUDOCS 9002150276 | |
| Download: ML20006D932 (2) | |
Text
i U.S. NUCLEAR REOULATORY COMM8SMON NNC f OsA REQUL61 NUMBLrtSi FEIA' 11 e
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RESPO SE TO FREED M F
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INFORMATION ACT (FOIA) REQUEST
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IEBE71990 cxeo DOCKET NUMeEnt$1 #f epgAetset neoutstLa Mr. James Bickman PART L-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bonesJ No egency records subject to the request have been located.
No oddetsonal agency recorde subject to the request have been located.
Requested socords are availabie through another public distributen program See Comments Section.
Agency records subsect to the request that are identified on Appendiales) are already available for pubhc inspecten and copying m the NRC Pubhc Document Room 2120 L Street. N.W., Washington, DC 20555 Agency records subiect to the request that are identified on Aopendiates) b are being made availaNo for pubhc inspection and copying m the X
NRC Pubhc Document hoom, 2120 L Street, N W.. Washington, DC. m a folder under this FOIA number and requester name.
j' The nonproprietary version of the proposalts) that you agreed to eccept m a teiephone conversation with a member of rny staff 6s now being made available for pubhc l
inspection end copying et the NRC Pubhc Document Room 2120 L Street. N.W., Washington. DC, m a folder undet this FOIA number and requester name.
Agency records subsect to the request that are 6dentifiedon Appendiates) may be inspected and copied et the NRC Local Pubhc Document Room identsfeed in the Comments Secten.
Enclosed is information on how you may obtam access to and the charges for copymg records placed m the NRC Public Document Room. 2120 L Street. N W..
X Ao'acy ca'd* 'ubi'c' to th' aua' *ac'a**d-Records subsect to the request have been referred to another Federal agencyfies) for review and detect response to you.
i You will be billed by the NRC for fees totahng. 65,08 y
in view of NMC's response to this request, no further octen is bemg taken on appeal letter dated
. No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C:rteen mformation in the requested records is bems withheld from pubhc disclosure pursuant to the enemptens described en and for the reasons stated in Part 11, SeClione B. C, and D. Any released portions of the documents for which only part of the record as being withheid are bemg made available for pubhc mspecten and l
copyeng in the NRC Public Document Room. 2120 L Street, N.W., Washington. DC.en a folder under this FOIA number and requeste, name j
2 COMMENTS l
l The' fees associated with the processing of your FOIA request are as follows:
4
'b Professional Search / Review - 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> = $24.88 j
Reproduction Of Records - 201 pages = $40.20 l
Total = (55.08
)
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SIGNATURE. QOR, DIVISION OF FREEDOM OF INFORMATION AND PUBUCATIONS SERVICES
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9002150276 900207 PDR FOIA BICKMAN90-11
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Re:-F01A-90-11 APPENDIX C-fl'
-Package of? Electrical-Drawings and Technica1' Data (57pages)
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P.O. BOX 494.
'4 ROUTE 128 AND BRIMBAL AVENUE BEVERLY. MASSACHUSETTS 019134344 l
TEL 308 927 3940 FAX; 308 927 8736 i
January 4,1999 FREEDOM 0F INFORMATION Hr. Steve Baggett/Mr. Tom Rich ACT REQUEST Nuclear Regulatory Commission 7735 Old Georgetowr, Road g
y kgg/.g,g Bethesaa, MD. 20555 Gentlemen:
Enclosed please find a ' copy'of S&Y protest of award to the Marathon Watch Company.
Under the Freedom of Information Act please furnish us copies of the -
following regarding Marathon Watch Company:
1.-
Copy of any NRC license issued to them.
2.
Copies of any license application package that they might have submitted to the NRC--on watches and/or compasses.
3.
Copies of any correspondence relative to the above, k' E.
We look forward to your response and thank you in advance for your kind' h
attention.
Sincerely, t
STOCKER & YALE, INC.
J mes Bickman resident l-JB/khs Enclosure i
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StockerMienc
' P.O. DOX 494 I
ROUTE 128 AND BRIMBAL AVENUE OEVERLY MASSACHUSETISU19154344 TEL: 308-927J940 FAX: $08 9274736
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January 4,-1989 Comptroller General of the United States General Accounting Office (GA0)
Washington, D.C.
20406
Reference:
Solicitation No. FCGA N3-126-9-13-89 GSA Notice of Award to Marathon Watch Company Gentlemen:
5 We have been notified by letter of December 22, 1989 from. General Services Administration,- Federal Supply Service, Washington, D.C.
20406, that award for Wrist Watches under the above referenced solicitation has
-been made'to:
Marathon Watch Co. Ltd.
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67A Steelcase Road W.
Markham, Ontario L3 R 2M4' c
CANADA The letter-says that they were the lowest responsive responsible offeror (acopyisattached).
Stocker '& Yale, Inc. (S&Y) protests and objects to award of a contract to Marathon based on the following:
-i 1.
The' solicitation says (Page 3): Watch, Wrist-
"In accordance with Type 1 of Military Specification MIL-W-46374E, I
dated May 31, 1989."
This specification says-(page 4) paragraph 3.2.1.2:
" Nuclear Regulatory Commission License.
AT THE TIME OF CONTRACT AWARD 7 CONTRACTOR MUST POSSESS A VALID U.S.
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NUCLEAR REGULATORY COMMISSION (NRG) or agreement Byproduct Material License which authorizes possession of sufficient elemental tritium to-fulfill contract requirements and which authorizes manufacture of radioactive instruments and articles (i.e., watches)..THE CONTRACTOR MUST ALSO POSSESS AN NRC LICENSE ISSUED PURSUANT TO 10 CFR 32-WHICH 7
AUTHORIZES MANUFACTURE AND DISTRIBUTION TO THE GENERAL PUBLIC 0F THE CONTRACTED WATCHES AS LICENSE EXEMPT ITEMS. A copy of these Ticenses, with license application package, will be provided to i
the contracting officer."
2.
Stocker & Yale categorically states that Marathon does not possess the required license and therefore could not have provided same to the contracting officer, and therefore should not have been awarded a contract.
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- 3.. S&Y contends. that Marathon deliberately perpetuated this very serious deception so as to receive a contract under false pretenses and that such an action borders on fraud.
Mr.1 Wien, the owner of Marathon, should know how to read a watch specification since he has bid on other watch procurements.
Several years ago he was awarded a contract'for watches by the Air Force.
The s'pecification called for the dial and' hands to be self-luminous by the use of paint containing either Tritium or Promethium 147
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radioisotopes.
S&Y procured _two of his watches from the Bailment Program of the Defense General-Supply Center and our examination revealed that they contained no such self-luminous material--even though the dial was marked with the radioactive symbol.
This is a clear violation of the labeling regulations of the Nuclear Regulatory Agency and of the specifications.
The watches-are identified-as:
Watch Wrist - Marathon Model 211 NSN: 6645-00-066-4279 (by Gallet & Co. - Switzerland)
I S&Y-has recently notified the technical center at DGSC (Ms. J. Ramsey),
Picatinney Arsenal-(P. Tremblay) and the NRC (T. Rich) of this occurrence.
H Such action is certainly not responsible by either Marathon or his
- i supplier, Gallet of Switzerland, t
4.
The revision "E" version of MIL-W-46374 contains the requirement that the self-luminous sources of tritium be encapsulated in glass vials which are properly and carefully assembled into. place on the delicate watch hands and dial so that there are 14 such tiny vials L
in the finished watch.
The NRC regulations require that a license be ' issued by them when they can be assured that a particular product,-
properly identified, is so designed and manufactured as to'be radio-logically safe and that the containment of these vials is proper and can withstand prescribed testing so as to prove that the product would be no hazard to the general public--as the NRC valid license
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is intended to ascertain.
i The use of these glass vials puts the watch into a different category than that used for the previously allowed self-luminous paints as controlled by the NRC. This fact is well-known to both Marathon-and Gallet, and it was incumbent"upon them, more so than the contracting officer, to state that they did not possess a valid license from l
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While it is a fact that Marathon was put on the Qualified Products List on'about December 20, 1989 and thus fulfilled one'of the require-i ments (i.e. Par. 3.1)_for receiving an award, they did not possess-the valid license as per 3.2.1.2.
i Accordingly, whereas the contractor erred and Marathon did indeed
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engage:in deliberate deceit, the award should be set aside.
Furthermore
= Marathon should be permanently barred from bidding'on any future V;S.- Government procurement..
Please note that although th'e letter from GSA was dated December 22, 1989, S&Y did:not received it until January 2,1990.
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We look forward to your_ favorable rep 1y and would be glad to' answer-any questions.
Since rely, -
i LSTOCKER & YALE,.INC.
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f ames Bickman President JB/khs cc:
Marianne Cole (CPP0)/ Mary Cunningham - GSA l
Attorney Stewart Cable, Goodwin, Procter & Hoar Congressman Nicholas Mavroules, Washington D.C. & Salem Office-
- Mr. Baggett/Mr. Rich - Nuclear Regulatory Commission Mr. Paul Tremblay, SMCAR-BAC-S, Picatinny-Arsenal r
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