ML20041C028

Contract: Examine Facts in Employee Grievance, Awarded to L Sornson

ML20041C028
Person / Time
Issue date:	02/09/1982
From:	Perlman J, Sornson L NRC OFFICE OF ADMINISTRATION (ADM), SORINSON, L.
To:
Shared Package
ML20041C025	List: ML20041C024 ML20041C028
References
CON-NRC-10-82-402, CON-NRC-10-82-403 NUDOCS 8202260046
Download: ML20041C028 (6)

Text

- _ _ - _ _ _ _ _

~

STANDARD 70.Cis AD-usa: TION

. AWARD / CONTRACT TI 6

a4 26. JUL' 1966 ceurAi sov ftJ feOC. Ath. (S ECra) 9-14101

1. CONTRACT (P,.s. I:si. Iden.# NO.

2 IFitCTIVE Daft 3 EtQul5fflON#.NRCHA58 CQutST/ PROJECT NO

4. Cf.778tD FOR NATIONM Dif tN$t UNDER BDEA I' M' /U RFPA tio. ADM-82-402

"$NG fiRC-10-82-402

7. Dtuvin

6. AD-usnuD n Cootj 905 Ot%TE-s.issu!D SY coni,

(1) other she. bl.sh $)

@ NATION U. 5. tiuclear Regulatory Comission o,,,,, (3,,

Division of Contracts 6t->

Washington, D. C.

20555

e. cowincron coot j j

raciurr coor l

,. Discount Fo= r=O*rf rATMENT NAME AND ADDRESS C Mr. Louis Sornson

]

tiet 407 llamilton Avenue

,i',",",l 3/',;.

Silver Spring, Maryland 20901 r.d ZIP s.de)

(4 c. pets..Itss

.8

10. 5U5-17 ONVOICES Ess swOwN :N itOC

, pus,s,TO ado II. 5 HIP To/#AARK Fo#

cone l l

12. PAYMENT WILL BE MADE BY cooEl l

U. S. fluclear Regulatory Comission U. S. tiuclear Regulatory Commission Division of Organiation & Personnel Office of the Controller Washington, D. C.

20555 Washington, D. C.

20555 0 m nr = m i

13. THIS PROCUREMENT WAS O Advt TistD. b NtoOfiAftD. ivasuANT TO=

O di U.s.c. 252 f.X l 14.1.CCOUNTNG AND APPROPRIATION DATA 31X0200.402 45-20-25-702

$2,000.00 Amount 17.

18.

19.

20 16 Q U A NTITY UNff UNIT PflCE AMOUNT 15 SUPPtit $ /$t # VICES lit M NO I

Examine the Facts in an Employee Grievance:

Hold a Hearing, Including Taking of Testimony and acceptance cf Evidentiary Material; Make a written Report of Findings and Recommendatio ls Regarding Resolution of the Grievance to the Reviewing Official, the Executive Director of Organization & Personnel.

TotAt Amount or costaAct s 2,000.00 2i.

CONTRACTING OFFICER it'ILL COMPLETE BLOCK 22 OR 26 AS APPL 2 CABLE l

22. 3 CONTRACTOR & NEGOTiAftD AGREEMENT (ce.tr.u.c ss reg.ared de set.

26.

AWARD (Ce.sr.crer as..s reg., red t. s,g. dass da.or.s.)

Ye oa.

. 1

-,.p,,,,.4.-,.,est,.;

C s

u,,.6.,

,4,, s-.,.,.. s ~,.

. 4 6,,. o.m.

.., o,.y..

i...n

.,.a.........u....,,.,e.,..n........a-.a--

. i,.

a i..a.6

.u i

..w.w.

6.

s.,,

a...

.a G

.a,,.

. i.i T..

,4 c o,

. u s.

,6,

.a

.a m..

/.

N.

.a.,

u

...3

.e

.m i..

i.,,...

4-.-.,.

.a...o.........,,...............a.-,r...-

-s.a

.a 6,

. s.. (aoa.as

..a,

,a in < saea..1 f

27. UNITED STaft1 Of AMERICA

/

l

23. NAME OF CONTRACTOe hC'

./ L%

'!! O C'

$U L

~1

/' A e,,

gv SY rM+.

(59 h pe, amd i

gb / - *

(s.pn 8C r.o O 1

29. Daft stGNED 21 NAmt AM) Tffu OF SJGNit (Typ. er pre.s)

23. Daft 5 ACNED

28. NAtt,OF CONTRACTING OFFDCit (Typ*.r per.t)

Joyce Perlman I,//wfy-

/

8202260046 820209

-. -,es ;.

n

-a a s.,

.n-o.....

"5*"*'"'"'"**"C

'"*-8'*-"*

PDR CONTR NRC-10-82-402 PDR

ARTICLE I - STATEMENT OF WORK The Contractor, as Grievance Review Examiner, shall examine the facts in an employee grievance; hold hearings, including taking of testimony and. accept-ance of evidentiary material; and furnish a written report of findings and recommendations regarding resolutions of the grievance to the Reviewing Official, the Executive Director for Operations, in accordance with U. 5.

Nuclear Regulatory Commission (NRC) Manual Appendix NRC 4157,' Paragraph H, j

to be furnished the Contractor as set forth in ARTICLE VI.8, and the following, 1.

General The Examiner shall be responsible for:

examining all relevant facts of the grievance; a.

b.

holding hearings as appropriate; keeping a record of examinations; c.

d.

making written findings of fact; and furnishing recommendations, in writing, proposing a solution or solu-tions to the Reviewing Official within' thirty (30) days after the dats e.

of the contract, unless such period is extended by mutual agreenent o@

~the Contractor and the NRC.

l 2.

Initial Planning i

The planning phase of the review.shall be initiated by the Examiner within five (5) working days, if possible, following execution of this contract. l In planning the review, the Examiner'shall:

obtain copies of these instructions and orientation in their applicati(

a.

from the Division of Organization and Personnel; i

i b.

identify the issues involved in the grievance; I

determine whether a hearing will be held or whether the grievar.ce may ;

c.

be reviewed solely on the written record.

(Note:

A hearing must be held if the employee requests a hearing.);

l l.

identify the employee's representative, if any; the management offic d.

adviser, if any; and witnesses whom the employees and/or the key line official desire to have testify or present evidence;-

j e.

decide who will be called as witnesses, and identify other witnesses

• the Examiner intends to have testify; f.

identify documents or other items which should be offered asjevidenc,e; y

e e

- =-

=

.t establish date, time, and place of the hearing. The first session g.

normally should be not more than fifteen (15) working days after appointment of the Examiner; arrange for making and recording presentations, and obtain agreement h.

with the employee concerning the fonn of record to be provided him or he'r.

(Note:

Any transcript of the hearing pr vided an employee resnains the property of the NRC.);

- I 1.

notify the employee, the key line official, witnesses, and others as to the date, time, and place of the review. Normally, at least three

.(3) days notice should be given; and j.

notify the witnesses and their supervisors of the schedule for 'appearane i

of the witnesses.

3.

Conduct of Hearing Any personal presentations before the Grievance Review Examiner by the aggrieved. employee or by any other party shall be conducted in the form of a hearing. The Grievanr:e Review Examiner shall conduct such hearings ih accordance with the guiJance contained in Appendix 4156. That Appendix governs such matters as attendance, witnesses, presentation of evidence..

l stipulations and hearing records.

l l

~

4.

Report The Examiner's written report of findings of fact and recommendations to a.

the Reviewing Official shall contain:

(1) statement of purpose.of the examination; (ii) issues considered; l

(iii) analysis of evidence; (iv) findings of fact; (v) conclusions; and (vi). recommendations.

(vii)

The original of any record of the hearing shall be attached to the report.

b.

Five (5) copies of the report of iindings and recommendations of the Grievance Review Examiner shall be furnished to the U. S. Nuclear

• Regulatory Commission, Executive Director for. Operatio'ns, Washington,'

I D

C.

20555, not later than thirty (30) days following the close of, the hearing.

j t

l l

.l l

~ ~

~ ~ ~ ~

Page;4 st 6 ARTICLE II - PERIOD OF PERFORMANCE l

The period of performance under this contract shall commence on the effective date of this contract and shall continue for sixty (60) days thereafter at i

which time all~ effort under the contract shall be completed.

ARTICLE III - CONSIDERATION _

i In full consideration of the Contractor's perfomance hereunder, the NRC shall j

l 1

The level of effort pay the Contractor a fixed. rate of $250.00 per man-day.

i is estimated to bc eight ('8). man-days, l

ARTICLE IV - OBLIGATIONS l

The amount presently obligated by the NRC with respect to this contract is $2,000.00.

l ARTICLE V - PAYMENT Payment shall be made in accordance with Clause 2 of the General Provisions entitled " Payment" as soon as practicable after. completion and acceptance of all work, upon submission by the Contractor of voucher (s) in a form satisfac-l tory to the Contracting Officer; provided, however, that said payment (s) shall not be deemed to prejudice.any rights wh'ich' th~e Government ma' have. by law or y

under any other provisions of this contract. Payment shall be made approximate 30 days ;!

after submission of proper invoice.

l ARTICLE VI - SPECIAL PROVISIONS I

l VI.1 PROJECT OFFICER Performance of the work hereunder shall be subject to the technical The instructions issued by the U.S. Nuclear Regulatory Commission.

technical instructions shall be signed by the Project Officer.

j 1

The Project Officer is responsible for:

t monitoring the Contractor's technical progress, including the sur-

[

1.

veillance and assessment of perfonnance and recommending to the i

Contracting Officer changes in requirement; 2.

interpreting the statement of work; l

3.

performing technical evaluation as required; i

performing the technical inspections and acceptance required by

[

4.

this contract; and assisting the Contractor in the resolution of technical problems 5.

r encountered during performance.

1 I

Within~ the purview of this authority, the Project Officer is authorized to approve payment vouchers for supplies / services required under the l

The Contracting Officer is responsible for directing or contract.

negotiating any changes in terms, conditions, or acunts cited in the l

l l

contract.

\\

I

\\

-i

_~

.O

~w For guidance from the Project Officer to the Contractor to be valid, it must:

1.

be consistent with the description of work set forth in this contract;

,2.

not constitute new assignment of work or change of the expressed terms, conditions, or specifications incorporated into this contract; 3.

not constitute a. basis for an extension to the period of performance or contract delivery schedule; and 1

l 4.

not constitute a basis for any increase in the contract price.

j

\\

l If the Contractor receives guidance fran the Project Officer which the Contractor feels is not valid under the criteria cited above, the Con-tractor shall imediately notify the Project Officer.

If the Project l

Officer and the Contracor are not able to resolve the questions within five (5) days, the Contractor shall notify the Contracting Officer.

i VI.2 INSPECTION AND ACCEPTANCE i

i Inspection and acceptance of the services and supplies to be furnished hereunder shall be by the Contractir.g Officer or Project Officer.

J VI.3 SUSCONTRACTS FOR WORK OR SERVICES _

l i

No contract.shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted for without approval of the Contracting Officer, but this provision will not be taken as requiring the approval of contracts of employment between the Contractor and personnel assigned for services hereunder.

l VI.4 DISSEMINATION OF CONTRACT INFORMATION_

The Contractor shall not publish, permit to be published, or distribute for public consumption any information, oral or written concerning the i

results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer.

(Two(2) copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.)

{

VI.5 NORK FOR OTHERS Notwithstanding any other provision of this contract, duting the term of this contract, the Contractor agrees to forego entering into consulting i

l or other contractual arrangements with any firm or organization the result l

l of which may give rise to an actual or apparent conflict of interest with l

respect to the work being performed under this cor, tract. The Contractor

[

l shall insure that all employees who are employed full time under this l

contract abide by the provision of this clause.

If the Contractor believes

[

with respect to itself or any such employee that any proposed consultant or

[

other contractual arrangement with any firm or organization may involve t

a 'possible conflict of interest, the Contractor shall obtain the written l

approval of.the Contracting Officer prior to execution of such contractual j

1 arrangement.

b VI.6 PROPRIETARY INFORMATION In connection witF. the performance of work under this contract, the NRC may furnish for the Contractor's review and evaluation or other use, certain trade

i

...i.

Page 6 of 6 i

,e secrets or confidential or privileged cor.nercial or financial information.

The Contractor shall hold such information in confidence and except as may be necessary under ther terms.of this contract, the Contractor shall not directly.,

indirectly, or otherwise, use, disclose, duplicste or disseminate the information l

The Contractor shall in whole or in part to any other person or organization.

return this infomation to the NRC at the conclusion of the Contractor's use.

The Contractor shall also be responsible for safeguarding from unauthorized disclosure any infomation or other documcnts and material exempt from public disclosure by the NRC's regulations and made available to the Contractor in connection with the performance of work under this contract.

The Contractor agrees to confom to all regulations, requirements and directions of the NRC with respect to all such material noted above.

VI.7 PRIVATE USE OF CONTACT INFORMATION AND DATA Except as specifically authorized by this contract, or as otherwise approved by the Contrating Officer, information and other data developed or acquired by or furnished the Contractor in the performance of this contract, shall be used only in connection with the work under this contract.

VI.8 GOVERNMENT-FURNISHED INFORMATION OR PROPERTY Upon award of the contract, the NRC shall furnish the information set forth betow:

1.

Grievance File 2.

Copy of NRCM 4156 3.

Copy of NRCM 4157 This information is provided for such information and assistances it may pro-vide the Contractor with regard to the General scope of work to be perfomed.

Only the matter which is referred to above will be furnished by the Governmeat.

The Contractor shall have access to office space, if necessary, a conference room to conduct the hearing, and a court reporter as provided through the Contracting Officer or Project Officer.

ARTICLE VIII - GENERAL PROVISIONS t

This contract is subject to the Fixed Price Research and Development Contracts under dated November 14, 19/7, which incorporates the FPA Changes and Additions

$10,000.00 and NRC Additions, which is attached hereto and made a part hereof.

Clause.14 of the General Provisions entitled " Patent Rights - Acquisition by l

l the Government" is deleted in its entirety.

I I

l.;

g.

..