ML20138A844

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Findings & Determinations Under Section 302(c)(10) of Federal Property & Administrative Svcs Act of 1949,as Amended
ML20138A844
Person / Time
Issue date: 11/10/1980
From: Dougherty D
NRC
To:
Shared Package
ML20136E458 List: ... further results
References
FOIA-84-682 NUDOCS 8512120126
Download: ML20138A844 (5)


Text

1 tNS-81-030

  • 1 FINDINGS AND DETERMINATIONS

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'O Under Section 302(c)(10) of the Federal Property and Administrative Services Act of 1949, as Amended Upon the basis of the following findings and determination, the proposed procurement may be negotiated without formal advertising pursuant to the authority of 41 U.S.C. 252(c)(10) as implemented by paragraph 1-3.210(13) of the Federal Procurement Regulations.

Findings_

In accordance with the requirements of FPR part 1-3, I make the following findings:

1.

The Nuclear Regulatory Comission proposed to procure by negotiation services to analyze safeguards needs for transport of high level waste.

The Sa services fegua rds. will support the Office of Nuclear Material Safety and 2.

Procurement by negotiation of the above described services is necessary because solicitation of technical proposals specifying the skills, knowledge, experience and technical approach of the offerors is required in order to determine which offerors are technically qualified to perform the work and which offeror to select for award.

3.

Use of formal advertising for procurement of the above described services is impracticable because it is not possible to draft, for the work the solicitation of bids, specifications which adequately describe to be accomplished.

general scope of work is known at this time.Only the ultimate objectives and Determinations The proposed contract is for services for which it is impracticable to obtain competition by formal advertising.

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. .- 3 STATEMENT OF NON-PEPSONAL. SERVICES

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Factors Relevant to Personal /Non-Personal Services Are As Follows:

a. Does the contractor have specialized knowledge or equipment which is unavailable to the Govern:nent?

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Yes  ! . No

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(If yes, explain.) O'/ # '*t'" -

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b. Wily this requirement circumvent pe[sonnel hire ceiling? '

Yes No

c. Does this service call for the exercise of personal judgment and discretion on behalf of the Government?

Yes No /

(If yes, explain'.)p , ,

d. Are the services to be perfonned continuing, short tenn, or j, intermittent?

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e. Will the Government specify the qualification of, or reserve the .

right to approve individual contractor employees? .

Yes

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f. Will the Government assign tasks to and prepare work schedules for contractor employees?

Yes No (If yes, explain.) ,

g. Will the Government retain the right to supervise the work of the contractor employees, either directly or indirectly?

Yes No (If yes, explain.)

h. Will the Government reserve the right to supervise or control the method in which the contractor performs the service, the number of people he will employ, the specific duties the individual employees, and similar details?

Yes No (If yes, explain.)

1. Will the Government review performance by each' individual employee, as opposed to reviewing a final product on an overall basis after completion of the work?

V Yes No (If yes, to what extent?)

j. Will the Government retain the rights to have contractor employees removed from the job for reasons other than misconduct or security?

Yes No (If yes, explain.)

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k. Will the service be properly defined as an end product?

Yes l No i

1. Will the contractor undeftake a specific .tiask .or project that is definable at the time of inception, at scoe point during performance, or will it be defined on a day-to-day basis?, . ,

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m. Will payment be for results accomplished or soley according to -

time worked?

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n' . Will the Government furnish the office or working space, facilities, equipment, and supplies necessary for contract perfonnance?

Yes ,

No (If yes, to what extent?) ['d U + // 1 "f ,fil! <rrwk nWS h

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o. Will Government employees be used interchangeably with contractor personnel to perform the same function?

Yes No i

(If yes, to what extent?)

p. Will contractor employees be idtegrate into the Government's organiational structure?

Yes l'

No f (If yes, to what extent?) 1 1

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DATE YtW /4, / 78() Signature, yA name 01tl B. sw y' Erd

,,' Title d[8 Me f 1-i DETERMINATION OF NON-PERSONAL SERVICES _

i I hereby detennine the requirement set forth 4n Paragraph 1 above involves services that are non-personal in nature.

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