ML20205C101

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Further Response to FOIA Request for Documents Re Contract NRC-17-85-207 & SECY-84-327.Forwards App D Documents. Documents Also Available in Pdr.App E Documents & Portions of App F Documents Withheld (Ref FOIA Exemptions 4 & 5)
ML20205C101
Person / Time
Issue date: 09/06/1985
From: Felton J, Ferton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bird C
WALD, HARKRADER & ROSS
Shared Package
ML20205C107 List:
References
CON-NRC-17-85-207, FOIA-84-853 NUDOCS 8509200094
Download: ML20205C101 (6)
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Text

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MP 0 6125 oi6 C. Coleman Bird, Esquire Wald, Harkrader and Ross 1300 Nineteenth Street, NW IN RESPONSE REFER Washington, DC 20036-1697 TO F01A-84-853

Dear Mr. Bird:

This is in further response to your letter dated November 8,1984, in which you requested, pursuant to the Freedom of Information Act (F0IA), a copy of

NRC Contract No. NRC-17-85-207 and all documents relating to this contract. In addition, you requested documents relating to the termination of NRC Contract No. SECY-84-327 and any discussions or negotiations with any providers of stenographic reporting services upon, or at any time after, the termination of this contract.

4 We previously made available documents identified in letters to you dated November 30, 1984, December 14, 1984, and August 8, 1985.

The records identified on the enclosed Appendix 0 are now available for public inspection and copying at the NRC Public Document Room (PDR) in folder FOIA-84-853 under your name.

The documents identified on the enclosed Appendix E are being withheld in their entirety, and the documents identified on the enclosed Appendix F contain portions which are being withheld from public disclosure. This material is withheldpursuanttoExemptions4and5oftheF0IA(5U.S.C.552(b)(4)and(5))

and 10 CFR 9.5(a)(4) and (5) of the Comission's regulations. These records are withheld because (1) they contain commercial and financial information on companies conducting business with the NRC the release of which could cause competitive ham to these companies or (2) they are predecisional in nature and contain information created and considered during the deliberative process of evaluating proposals, forming and exchanging opinions, and making recormendations and dacisions concerning contract award, contractor performance, and cor, tract termination. The released portions of the documents identified on Apperdix F are i.ow available for public inspection and copying in the PDR in file folder F01A-84-853.

Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Edward L. Halman, Director, Division of Contracts. Office of Administration.

8509200094 850906 PDR FOIA BIRDB4-853 PDR

Y L'o O* 8 H: E 6 WALD. HARKRADER & ROSS 1300 NINE T E t %T H STmtri N w WASHINGTON O C 200361897 L202 ' 82 01200 t e c i s a= ea t.= t o v oa s e Osata6 9.sa. T.,c' s a , *.o e .. . a. s.e c s ee e c e,c o. . e November 8, 1984 as we e s * .a c.o. s t a r s ' (

me s e, o... , o.oo, , ,, ,,g en ... , m ,,, e.o=,.....,,

Director FREEDOM OF INFORMATK)N Office of Administration JCT REQUESI U.S. Nuclear Regulatory Commission Washington, D.C. 20555 h M Jd"g e7 Re: Freedor of Information Recuest M *d H E Gentlemen:

This is to request, pursuant to the Freedom of Information Act, 5 U.S.C. 5 552, a copy of (i) NRC Contract Nc. NRC-17-ES-207:

i (ii) all documents ref erring or relating to NRC Contract No. NRC-17-85-207; (iii) all documents comprising, referring or relating i to the termination of NRC Contract No. SECY 327; and i

(iv) all docurents comprising, referring or relatino i to any discussions or negotiations with any provider of stenographic reporting services concerning the provision of such services to the NRC in the Washington, D.C. metropolitan area, upon, or at any time af ter , the termination of NRC Contract No. SECY-84-327, including, but not limited to, any proposals, offers, or counteroffers made by such person or the NRC, and the NRC's evaluation of any such proposal, offer, or counteroffer.

As required by 10 C.F.R. S 9.14, I am willing to '

pay the applicable charges for copying these records. If the charges will exceed $20.00, please do not make any copies without calling me. i Thank you for your cooperation in this matter.

Sincerely, ,

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C. Coleman Bird CCB/jt ,

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9 This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

This completes NRC's action on your FOIA request.

Sinc,prel , ,,-

Y jdi J. M./ elt n, Director l Division of Rules and Records Office of Ad.,!nistration l

l

Enclosures:

As stated 1 l

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I

P O-Re: F01A-84-853 APPENDIX D RECORDS IN PDR FILE F01A-84-853 Document Relating to Termination of NRC Contract No. SECY-84-327

1. 10/26/84 Memorandum for file from Elois Wiggins, ADM:DC, entitled

" Termination for Default of Contract No. NRC-18-84-327, with Free State Reporting, Inc., for Stenographic Reporting Services in the Washington, DC Metropolitan Area" (4 pages) with attached document entitled "NRC's Comments on FSRI's Response to September 14, 1984 Cure Notice (NRC-17-84-327)."

(5 pages)

Document Relating to NRC Contract No. NRC-17-84-207

2. 11/13/84 SF-33, " Solicitation, Offer and Award" - nonproprietary portion of Ace-Federal Reporters, Inc.'s proposal not made part of final contract. (3 pages) 1

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. F i

o Re: F01A-84-853 APPENDIX E RECORDS SUBJECT TO F01A-84-853 WITHHELD IN THEIR ENTIRETY Documents Relatino to Termination of NRC Contract No. SECY-84-327

1. 09/07/84 Notes on telephone conversation between John Hoyle, SECY, and Elois Wiggins, ADM:DC, regarding cure letter to Free State.

(1page)

2. 10/17/84 Draf t memorandum to Edward L. Halman, ADM:DC, from Samuel J.

Chilk, Secretary, entitled " Stenographic Reporting Contract -

Free State Reporting, Inc." (1 page)

3. Undated Draft letter to Free State Reporting, Inc., entitled

" Delinquency of Contract No. NRC-17-84-327, ' Stenographic Reporting Services.'" (3 pages)

4. Undated Draft letter to Free State Reporting, Inc., entitled

" Delinquency of Contract No. NRC-17-84-327, ' Stenographic Reporting Services.'" (2 pages)

5. Undated Draft letter to Free State Reporting, Inc., entitled

" Delinquency of Contract No. NRC-17-84-327, ' Stenographic Reporting Services.'" (2 pages)

Documents Relat'eis to NRC Contract No. NRC-17-84-207

6. 10/29/84 Letter to Tim Hagan, ADM:DC, from Neal R. Gross. (1 page)
7. 11/06/84 Letter to Mary Jo Mattia, ADM:DC, from Rose Ann Sharp, Alderson Reporting (2 pages) with attached proprietary portions of SF-33

" Solicitation, Offer and Award." (5 pages)

8. 11/13/84 Ace-Federal Reporters, Inc., Cost Proposal, RFP-SECY-85-207.

(3pages)

I Re: F0!A-84-853 APPENDIX F DOCUMENTS SUBJECT TO F0!A-84-853 WITH PORTION PARTIALLY WITHHELD Documents Relating to Termination of NRC Contract No. SECY-84-327

1. 07/20/84 Document entitled " Stenographic Reporting Services in the Washington, DC Metropolitan Area - Status of Contractor's Performance as of July 20, 1984." (2 pages)

. 2. 10/12/84 Handwritten notes on meeting regarding SECY-84-3?7 contract with Samuel J. Chilk, John C. Hoyle, A.L. Newsome, Charles J. Fitti, Patricia Sullivan, and Kathryn Davis.

(1page)

3. 10/29/84 Handwritten note to Edward Halman, ADM:DC, from Teresa McLearen, ADM:DC, entitled " Status of T/D Free State Reporting" (2 pages) with attached draft " Letter Notice of Default Termination" (3 pages) and draft memo to file from Elois Wiggins regarding termination of NRC-17-84-327.

(7pages)

Documents Relating to NRC Contract No. NRC-17-84-207 ,

4. 10/23/84 NRC Form 400, " Request for Procurement Action (RFPA)" for 2 SECY-85-207. (2pages)
5. 10/26/84 Document entitled " Determination and Findings Authority to Negotiate an Individual Contract." (4 pages)
6. 11/05/84 Letter to Mary Jo Mattia, ADM:DC, from Ann Riley, Ann Riley &

4 Associates, regarding tennination of NRC contract with Free State and Selection of Ace-Federal Reporters, inc. (3pages) 4

7. 11/13/84 Ace-Federal Reporters, Inc., Technical Proposal, RFP-SECY-85-207. (7 pages)
8. 11/14/84 Letter to Tim Hagen, ADM:DC, from Alan I. Penn, Ace-Federal Reporters, Inc. (1page)
9. 11/15/84 Note for Kathryn Davis, ADM:DC, from James McDennott, ADM:PSS, regarding RFP-5EC-85-207. (1page)
10. 11/20/84 Memorandum for Timothy F. Hagan, ADM:DC, from John C. Ames, -

Branch Manager, Defense Contract Audit Agency, Philadelphia Region, District Branch Office Landover, MD entitled "Acknowledgernent of Request for Audit - Contract No.

NRC-17-84-327." (1page)

11. 11/29/84 Letter to Tim Hagan, ADM:DC, from Alan I. Penn, Ace-Federal Reporters, Inc. (1 page)

Re: FOIA-84-853 APPENDIX F (CONTINUED)

12. 11/30/84 Letter to Robert J. Monick, Ace-Federal Reporters, Inc., from Timothy F. Hagan, ADM:DC. (1page)
13. Undated Note to Kathryn Davis, ADM:DC, from Jerome J. Meholick, Ace-Federal Reporters, Inc. (3 pages)
14. Undated SF-36 Continuation Sheet. (2 pages)
15. Undated Assessment of available resources. (2pages) e I

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