ML20154R769

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Clarifies NRC Position Re Inability to Participate in Small Business Innovation Research Program for FY88 Due to Budget Constraints & Legal Concern About Violating Competition in Contracting Act of 1984.NRC Expected to Participate in FY89
ML20154R769
Person / Time
Issue date: 05/24/1988
From: Zech L
NRC COMMISSION (OCM)
To: Bumpers D
SENATE, SMALL BUSINESS
Shared Package
ML20154R774 List:
References
NUDOCS 8806080179
Download: ML20154R769 (2)


Text

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UNITED STATES o

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- i NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20666 os

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May 24, 1988 CHA R AN The Honorable Dale Bumpers, Chairman Comittee on Small Business United States Senate Washington, D.C.

20510

Dear Mr. Chainnan:

I am writing to clarify the position of the Nuclear Regulatory Comission (NRC) concerning our FY 1988 participation in the Small Business Innovation Research (SBIR) Program. The NRC supports the SBIR Program and its goal of fostering technological advances by the small business comunity. We believe our past participation eflects this support. At the level of our FY 1989 budget request to Congress, we would also expect to participate in that year.

Budget constraints and a legal concern about violating the Competition in Contracting Act of 1984 had caused us to conclude that we could not participate in the SBIR Program in FY 1988.

Subsequently, on March 1,1988, the NRC staff outlined its concerns regarding our FY 1988 participation in the SBIR Program at a hearing before Chairman John J. LaFalce of the House Comittee on Small Business. Since the March I hearing, several events have occurred which have led us to reevaluate our position.

On March 15, 1988, the Director of the NRC's Office of Nuclear Regulatory Research met with the Small Business Administration's (SBA) Office of Innovation, Research, and Technology to resolve our views on the amount of NRC's FY 1988 extramural research budget and to comunicate NRC's position on continued participation. NRC and SBA reached agreement that our extramural research budget level was approximately $89 million in FY 1988, but the discussion on NRC's participation in the SBIR Program was not conclusive.

Subsequently, the NRC received an opinion from the General Accounting Office (letterB-230594.2 dated March 15,1988), which concluded that the NRC is not precluded from voluntary participation in the SBIR Program even though our extramural research budget is less than $100 million. This opinion resolved NRC's concern about violating the Competition in Contracting Act of 1984.

On April 14, 1988, NRC's Executive Director for Operations, Mr. Victor Stello, met with Chainnan LaFalce to review NRC's concerns. During that meeting, Mr. Stello explained that our level of participation in FY 1988 was directly related to the impact of the NRC's FY 1988 appropriation reduction of $35 million on our ability to maintain necessary program funding levels and the fact that we were already in the seventh month of this fiscal year.

Following this discussion, we reevaluated our FY 1988 situation (based on our current mid-fiscal year review) and have concluded that we can participate in the SBIR Program for 1

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The Honorable Dale Bumpers j

FY 1988 by providing $500,000 for seven or eight Phase I awards and for the initial funding of approximately three or four Phase !! contracts.

The specific Phase I and Phase II awards may vary depending on the quality and merit of proposals received. We believe that this approach will enable us to continue a viable SBIR Program in FY 1988.

Sincerely,

-</ (N.

b Lando W. Zech r.

cc:

Sen. Lowell P. Weicker, Jr.

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UNITED STATES n

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OY CH R AN The Honorable Dale Bumpers, Chairman Comittee on Small Business United States Senate Washington, D.C.

20510

Dear Mr. Chainnan:

I am writing co clarify the position of the Nuclear Regulatory Comission (NRC) concerning our FY 1988 participation in the Small Business Innovation Research (SBIR) Program. The NRC supports the SBIR Program and its goal of fostering technological advances by the small business comunity. We believe our past participation reflects this support.

At the level of our FY 1989 budget request to Congress, we would also expect to participate in that year.

Budget constraints and a legal concern about violating the Competition in Contracting Act of 1984 had caused us to conclude that we could not participate in the SBIR Program in FY 1988.

Subsequently, on March 1, 1988, the NRC staff outlined its concerns regarding our FY 1988 participation in the SBIR Program at a hearing before Chainnan John J. LaFalce of the House Committee on Small Business. Since the March I hearing, several events have occurred which have led us to reevaluate our position.

On March 15, 1988, the Director of the NRC's Office of Nuclear Regulatory Research met with the Small Business Administration's (SBA) Office of Innovation, Research, and Technology to resolve our views on the amount of NRC's FY 1988 extramural research budget and to comunicate NRC's position on continued participation.

NRC and SBA reached agreement that our extramural research budget level was approximately $89 million in FY 1988, but the discussion on NRC's participation in the SBIR Program was not conclusive.

Subsequently, the NRC received an opinion from the General Accounting Office (letterB-230594.2 dated March 15,1988), whi;h concluded that the NRC is not precluded from voluntary participation in thf SBIR Progran even though our extramural research budget is less than S100 million. This opinion resolved NRC's concern about violating the Competitio1 in Contracting Act of 1984.

i On April 14, 1988, NRC's Executive Director for Operations, Mr. Victor Stello, met with Chairman LaFalce to review NRC's concerns.

During that meeting, Mr. Stello explained that our level of participation in FY 1988 was directly related to l

the impact of the NRC's FY 1988 appropriation reduction of $35 million on our l

ability to maintain necessary program funding levels and the fact that we were l

already in the seventh month of this fiscal year.

Following this discursion, we reevaluated our FY 1988 situation (based on our current mid-fiscal year review) and have concluded that we can participate in the SBIR Program for l

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8806080179 880524 l

PDP COMMS NRCC l

CORRESPONDENCE PDR l

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The Honorable Dale Gumpers FY 1988 by providing $500,000 for seven or eight Phase I awards and for the initial funding of approximately three or four Phase II contracts.

The specific Phase I and Phase II awards may vary depending on the quality and merit of proposals received. We believe that this approach will enable us to continue a viable SBIR Program in FY 1988.

Sincerely, (N.

k Lando W. Zech r.

cc:

Sen. Lowell P. Weicker, Jr.

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