ML20028A095
| ML20028A095 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/1982 |
| From: | Mark Flynn, Lebo C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20028A083 | List: |
| References | |
| FOIA-82-355 NUDOCS 8211160402 | |
| Download: ML20028A095 (4) | |
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MhY 2 01992
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-t, MEMORANDUM FOR:
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FROM:
Craig D. Lebo, Contracting Officer Administrative Contracts Branch
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Division of Contracts SUE CANCELLATION OF INVITATION FOR BID (IrB) RS-SECY-82-471 ENTITLED, " STET 10 GRAPHIC REPORTING SERVICES
The purpose of this memorandum is to provide the rationale for the cancellation of subject IFB in accordance with FPR l-2.208. The following discussion provides an explanation of the circumstances surrounding this decision and sets forth the facts to support it.
The proposed contract will provide stenographic reporting services for hearings and oral arguments by the Atomic Safety and. Licensing Board Panel (ASLBP) and the Atomic Safety and Licensing Board Appeal Panel (ASLAP); meetings of the Advisory Committee on Reactor Safeguards (ACRS);.
meetings of the Commissioners in compliance with Government in the Sunshine Act; and other meetings or workshops for the Nuclear Regulatory Commission's (NRC) Division of Security, Division of Contracts, Office of Public Affairs and Office of State Programs.
A Request For Procurement Action was received in the Division of Contracts on November 3,1981 for the issuance of a competitive solicitation for the subject services. The IFB was subsequently issued on December 18, 1981 with a proposed opening date of January 13, 1982.
Thirty-one firms requested and were sent a copy of the solicitation.
Modification flumber one (1) to the IFB was issued on December 28, 1981 which changed the anticipated period of performance under any resultant contract from two years to one year with a one year option period.
The estimated requirements were therefore revised accordingly to reflect that change.
It was during this period prospective bidders contacted NRC expressing concern over the specifications contained in the subject IFB.
Specifically, one interested party found it impossible to formulate a bid price without detailed information relating to the number, location and estimated duration of all out of town hearings or meetings expected during the term of the proposed contract.
Another party requested that f1RC furnish information related to the word processing disks that would be required under any resultant contract and questioned other requirements of the IFB as well. A bid protest was filed with the General Accounting Office on January 12, 1982 by the bidder interested in an out of town hearing schedule which prompted tiRC to postpone the bid opening scheduled to occur the following day.
All firms that requested a copy of the solicitation were infonned by telephone of the postponement and the one bid already in flRC's possession was returned, unopened, pending the resolution of the protest.
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- ~ ~ An intensive " review of the IFB's specifications began with particular emphasis on those areas of the requirement identified by prospective bidders as being ambiguous or inadequate.
Additionally, the major users
-of this contract, ACRS, SECY and ASLBP were requested to furnish estimated hearings schedules for the next twelve months, as-well as other information relating to delivery of transcripts, estimated number of contractor personnel required per hearing and specifications for the word processing equipment requested under the IFB.-
The results of this analysis confirmed earlier suggestions that certain specifications were in fact ambiguous, but also served to magnify the requirement and h.igh level of difficulty of tiRC's stenographic reporting services.
For instance, past experience has shown that highly proficient reporters must be utilized under this contract due to the unique difficulties and challenges presented at tiRC's hearings and/or meetings.
The reporter
- must deal with a large vocabulary of terms in a number of technical fields including nuclear engineering, geology, seismology and physics.
Since the proceedings are often multi-party or conference-typ' with nearly continuous dialogue between five to 10 people, the reporter must master this vocabulary to insure the accuracy of transcripts provided.
It has been tiRC's past exper.ience that reporters not familar with the terminol.ogy or hearing arrangements often found it very difficult, if not totally impossible to properly record the proceedings.
Also, delivery of transcripts are of ten -required by 8:15 a.m., of the next business day, which also adds to the difficulty of this requirement.
Consequently, a contractor must begin transcribing and typing the records of hearings while they are still going on.. It' is not unusual for contractors to initiate the transcribing process of hearings which began in the morning while the afternoon session of a hearing is still in progress.
Due to
-this,I
( The' level of difficulty confronting a contractor is further compounded' by the mere fact that coverage of eight to 10 hearings and/or meetings could be required on any given day at as many different locations.
Also, fiRC estimates that up to 50% of the total hcarings are held outside the Washington Metropolitan Area, of ten in remote locations.
Therefore, the successful contractor must have the ability to provide this high level of service anywhere within the continental United States.
This certainly presents a formidable challenge to any stenographic reporting firm.
A thorough understanding of the demands this service entails and a well prepared management plan to carry it out is therefore absolutely vital for satisfactory performance of liRC's contract.
The past two competitive solictations issued in 1977 and 1979 respectively, reveal 'what may occur if the above mentioned requirements are not present.
In 1977, the low bidder, not having an adequate understanding of the requirement, was determined to be non responsible and subsequently
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withdrew their bid from consideration.
In 1979, the low bidder, which was found non responsible by NRC but awarded the contract after SBA
-issued an Certificate of Competency, defaulted ^within six months 'due to an inability to perform the high degree of service NRC ' demands.
As discussed above, a protest was filed in January 1982 due to ambigious and insufficient specifications which allegedly hindered full and free competition under the subject IFB. This fact, coupled with the historical difficulties NRC has encountered with the use of formal advertising in acquiring its stenographic reporting services, suggests an alternative method be investigated.
The transcripts proviiled under the proposed contract are very important, -
and play a crucial role in NRC's decision-making process in the licensing of commercial nuclear power plants. The hearings covered, while very demanding on the stenographic reporters and associated support staff, are an extremely important and closely scrutinized part of the Commission's daily operations. The nature of the services are such that unsatisfactory performance will jeopardize the interests of the Commission.
Late delivery or garbled records of testimony wills adversely impact the hearing review process resulting in unacceptable delays in the licensing process. Accurate, timely transcripts are therefore essential to the day to day operations of the Commission and require to the highest level of performance on the contractor's part.
To that end, it would be in NRC's best interest to cancel the subject IFB and reissue the solicitation as a Request For ' Proposal (RFP) to enable NRC to negotiate with prospective sources. The present specifications, which cannot be substantially changed t'o facilitate the use of Formal Advertising, do not provide enough information for a prospective bidder to formulate and submit a competitive bid.
Offerors will now 5e given the opportunity to develop innovative techniques to satisfy the requirement and demonstrate that they possess an adequate understanding of the statement of work to ensure satisfactory performance under any resultant contract. NRC will condumt.a thorough evaluation of the technical proposals submitted, clear up any misinterpretations of the requirement through negotiations and award a contrNt to the most qualified offeror.
Although cost will be an important consideration, NRC must select a contractor that has a thorough understanding of the requirement, a sound management approach and adequate technical capabilities to perform this stenographic reporting service.
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Therefore, in accordance with FPR l-2.208, it is hereby recommended that
.IFB No. RS-SECY-82-471 be cancelled and the reciuirement reissued as a Request'For Proposal.
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sh-et Mark Flynn, Contrfct Negotiator Date/
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Administrative CUntracts Branch Division of Contracts-Reviewed and Approved:
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Craig D. Lebo, : Contracting Officer Date/
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Administrativa Contracts Branch Division of Contracts md f
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