ML20206E987
| ML20206E987 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| NUDOCS 8606240069 | |
| Download: ML20206E987 (16) | |
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MEMORANDUM FOR: Patricia G. Norry, Director Office of Administration FROM: William J. Dircks Executive Director for Operations
SUBJECT:
CONTROL OF NRC RULEMAKING By memorandum of February 13, 1984, " Control of NRC Rulemaking by Offices Reporting to the EDO," Offices were directed that effective April 1,1984, (1) all offices under EDO purview must obtain my approval to begin and/or continue a specific rulemaking, (2) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals forwarded for my approval and make recommendations to me concerning whether or not and how to proceed with the rulemakings.
In accordance with ray directive, the following proposal concerning rulemaking has been forwarded for rny approval.
Proposed rule, " Nuclear Regulatory Comission Acquisition Regulations."
(Sponsored by ADM - memorandum, Minogue to EDO dated May 31,1985.)
I approve continuation of this rulemaking. The NRC Regulatory Agenda (NUREG-0936) should be modified to reflect the status of this rulemaking.
(Sipal) William J.Direks William J. Dircks Executive Director for Operations cc: V. Stello J. Roe l H. R. Denton l J. Taylor l J. G. Davis l R. B. Minogue Distribution:
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4 4,y,i yz MEMORANDUM FOR: William J. Dircks M{c.
Executive Director for Operations FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F NEW PROPOSED RULEMAKING BY ADM Based on our independent review of the proposed rulemaking, " Nuclear Regu-latory Commission Acquisition Regulations (48 CFR Chapter 20)", sponsored by the Office of Administration, RES agrees that this rulemaking proceed.
The basis for our recommendation is as follows:
o The "Small Business and Federal Procurement Competition Enhancement Act of 1984" (P.L.98-577) and the Federal Acquisition Regulations (FAR 1.303) specifically require that agency-wide acquisition regu-lations be published for public comment in the Federal Register, and that these regulations be subsequently codified under an assigned chapter in Title 48, Code of Federal Regulations. These requirements are consistent with the rulemaking procedures estab-lished by the Federal Government.
o The establishment of this rule is a reasonable and effective way to inform prospective contractors and the general public of NRC's pro-curement policies and procedures.
The com lete RES independent review package has been sent to OED0 (Attention:
DEDR0GR and to the Director, ADM.
f Robert B. Minogue, Director Office of Nuclear Regulatory Research
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MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL 0F NRC RULEMAKING: RES INDEPENDENT REVIEW 0F NEW PROPOSED RULEMAKING BY ADM Based on our independent review of the proposed rulemaking, " Nuclear Regu-latory Commission Acquisition Regulations (48 CFR Chapter 20)", sponsored by the Office of Administration, RES agrees that this rulemaking proceed.
The basis for our recommendation is as follows:
o The "Small Business and Federal Procurement Competition Enhancement Act of 1984" (P.L.98-577) and the Federal Acquisition Regulations (FAR 1.303) specifically require that agency-wide acquisition regu-lations be published for public connent in the Federal Register, and that these regulations be subsequently codified under an assigned chapter in Title 48, Code of Federal Regulations. These requirements are consistent with the rulemaking procedures estab-lished by the Federal Government.
o The establishment of this rule is a reasonable and effective way to infonn prospective contractors and the general public of NRC's pro-curement policies and procedures.
The com lete RES independent review package has been sent to OED0 (Attention:
DEDR0GR and to the Director, ADM.
L Robert B. Minogue, Director Office of Nuclear Regulatory Research l
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Forehand rf Hayes MAY 311985 Conti Ross Minogue Gillespie, Chairman RIRB RES Division Directors RES Task Leader & Desk Copy RAMRB EMORANDUM FOR: William J. Dircks ExecutiveDirectorforOperb8/if FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F NEW P.ROPOSED RULEMAKING BY ADM Based on our independent review of the proposed rulemaking, " Nuclear Regu-latory Comission Acquisition Regulations (48 CFR Chapter 20)". sponsored by the Office of Administration, RES agrees that this rulemaking proceed.
The basis for our recomendation is as follows:
o The "Small Business and Federal Procurement Competition Enhancement Act of 1984" (P.L.98-577) and the Federal Acquisition Regulations (FAR 1.303) specifically require that agency-wide acquisition regu-lations be published for public coment in the Federal Register, and that these regulations be subsequently codified under an assigned chapter in Title 48 Code of Federal Regulations. These requirements are consistent with the rulemaking procedures estab-
. lished by the Federal Government.
o The establishment of this rule is a reasonable and effective way to inform prospective contractors and the general public of NRC's pro-curement policies and procedures.
The com lete RES independent review package has been sent to OEDO (Attention:
DEDROGR and to the Director, ADN.
N O Ptaa~V f Robert B. Minogue, Director
[; Office of Nuclear Regulatory Research G
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We are at step III.C.2, "RIRS deliberations, of the l RES independent review procedures for the attached specific ongoing rulemaking sponsored by Please evaluate the attached dra'ft independent review package and provide RA!!RB with your voting sheet indicating your. position on the rulemaking.
Your response by c.o.b. : lay 17, 1005 will assist in RES' making independent recommendations to the EDO in a timely manner.
DO 900T use this form as a RECORD of approvals, concurrences. 6sposals, eteerences. and simiter actions PRDet N erg. symbol. Agency / Pes!) Room No.-84ds.
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RES INDEPENDEr.1 Lit 1EW BOARD VOTING SEEE1 TO: F. P. GILLESPIE, CHAIRMAN, RIRB FROM: W. M. Morrison, Member, RIRB TITLE OF RULEMAKING: Nuclear Regulatory Commission Acquisition Regulations (48 CFR Chapter 20)
AGREE WITH RECOMMENDATIONS REQUEST RIRB IN RES RULEMAKING REVIEW MEETING.
PACKAGE MODIFY RECOMMENDATIONS IN NOT PARTICIPATING
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(...../ MAY 2 B85 MEMORANDUM FOR: Martin R. Hayes, Chief, Fiscal Planning and Control Branch, Policy, Planning and Control Staff, RES FROM: William E. Forehand, Fiscal Planning and Control Branch, PPCS, RES
SUBJECT:
PROPOSED RULEMAKING SPONSORED BY ADM " NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATIONS (48 CFR CHAPTER 20)"
. I was assigned as the RES task leader to make an independent review of the proposed rulemaking in accordance with the established NRC procedures. In making my review, I have studied all documentation submitted by ADM in support of the proposal and gathered additional infonnation from other resources as appropriate. The results of my review are stated below:
- 1. To the best of my knowledge, I believe ADM has complied,thus far,with all required procedures and guidelines related to the development of a proposed rule.
- 2. The "Small Business and Federal Procurement Competition Enhancement Act of 1984" (P.L.98-577) and the Federal Acquisition Regulations (FAR 1.303) specifically require that agency-wide acquisition regulations be publi.shed f.or public coment in the Federal Register, and that these regulations be subsequently codified under an assigned chapter in Title 48, Code of Federal Regulations.
- 3. The ELD staff has advised me that the above requirement is fully consistent with established rulemaking procedures. Accordingly, I see no reasonable alternative to making this rule. In addition, I have been advised that other Federal Government agencies (e.g., GSA, DOE, HSA) have already taken this action.
- 4. The proposed rule will aid prospective contractors in meeting specific ,
NRC requirements--thus making more efficient and less costly, the negotiation and administration of procurement actions.
- 5. The NRC resources and scheduling estimated by ADM for this rulemaking are reasonable.
I believe the proposed rulemaking is consistent with Federal requirements and i necessary to the improvement of NRC procurement operations.
0 A.!
William E. Forehand [
Fiscal Planning and Control Branch {
Policy, Planning and Control Staff Office of Nuclear Regulatory Research
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%.....*# APR 011985 MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Patricia G. Norry, Director Office of Administration
SUBJECT:
REC 0fEENDATION TO PROCEED WITH PROPOSED RULE FOR NRC PROCUREMENT REGULATIONS Submitted for your review and approval is a proposed Office of Administration rulemaking initiative entitled, " Nuclear Regulatory Comission Acquisition Regulations" (48 CFR Chapter 20). The proposed rule will supplement the Federal Acquisition Regulation (48 CFR) and specify those agency policies, procedures, contract clauses, solicitation provisions, and forms governing the contracting process. This rulemaking is required by P.L.98-577 and the Federal Acquisition Regulation Part 1.303.
Attached, in accordance with ED0 guidelines, are:
o NRC Regulatory Agenda Entry (Attachment 1) - -
o The results of the Office of Administration internal screening process which recomends this rulemaking initiative (Attachment 2)
If you have any questions regarding this matter, please contact Edward L. Halman on X24347.
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PatriciaG.Norry& , Directo Office of Administration Attachments:
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ATTACHMENT 1 TITLE:
Nuclear Regulatory Commission Acquisition Regulations CFR CITATION:
48 CFR Chapter 20, Parts 1-52 ABSTRACT:
The proposed rule would implement and supplement 48 CFR, Federal Acquisition Regulation (FAR) System and specify those agency policies, procedures, contract clauses, solicitation provisions, and forms governing the contracting process.
In publishing the proposed rule, the NRC will comply with P.L.98-577 and the FAR 1.303 which requires that agency regulations be published in the Federal Register and codified in 48 CFR. The proposed rule will enable prospective contractors to become familiar with NRC contracting regulations and enable the preparation of contractual documents which protect the interest of the NRC.
NRC resources needed for this rulemaking are estimated at 1,120 staff hours at an estimated cost of $67,200.
TIMETABLE:
NPW410/01/85 LEGAL AUTHORITY:
42 U.S.C. 2201; P.L.93-400 as amended by P.L. 96-83; P.L.98-577
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- EFFECTS ON SMALL BUSINESS AND~0THER ENTITIES:~No AGENCY CONTACT:
Ronald D. Thompson Office of Adninistration Washington, DC 20555 301 492-4210 l
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ATTACHMENT 2 RESULTS OF THE PRELIMINARY OFFICE OF ADMINISTRATION REVIEW 0F THE PROPOSED RULEMAKING, " NUCLEAR REGULATORY COMMISSION ACQUISITION REGULATIONS"
- 1. Issue To Be Addressed The NRC Division of Contracts procures goods and services from the private sector in accordance with the requirements of 48 CFR, Federal Acquisition Regulation (FAR) System. P.L.98-577 and the FAR 1.303 require the publication of Agency acquisition regulations in the Federal Register and codification of the regulations in an assigned chapter in 48 CFR. The NRC Acquisition Regulations will be codified in Chapter 20, 48 CFR incorporating agency-wide policies and procedures governing the contracting process.
The proposed rule would inform the public of NRC procurement regulations that specify agency policies, procedures, clauses, provisions, and forms which supplement and implement the FAR. For example, the proposed rule will include the NRC policy on Contractor Organizational Conflict of Interest, proposal preparation instructions, contract clauses addressing such areas as security issues, contractor travel reimbursement, and other clauses and provisions necessary to satisfy NRC procurement needs.
- 2. Need for Addressing the Issue In publishing the proposed rule, the NRC will comply with P.L.98-577 and the FAR 1.303 which require that the Agency publish these regulations in
___ ---the Federal-Register and codify them in an assigned chapter in 48 ~CFR. ~ ~ ~ ~
Publishing the proposed agency supplement to the FAR will enable prospective and contractors to become familiar with NRC contracting policies procedures. This familiarity is beneficial to both contractors and the NRC since prospective contractors would be better able to address NRC needs when submitting proposals in response to NRC solicitations as well as have a better understanding of Agency requirements controlling contractual relationships.
- 3. Alternatives to Rulemaking This rule ensures dissemination of NRC contracting policies, procedures, clauses, provisions, and forms.
which is required by P.L.98-577 and FAR 1.303,No alternative exists to this rulemaking i
- 4. How the Issue Will Be Addressed The proposed rule will provide supplementing and implementing regulations in Title 48 of the Code of Federal Regulations to establish contracting policies and procedures.
Public comments will be elicited on the proposed rule prior to publication of a final rule.
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- 5. How the Public, Industry, and NRC Will Be Affected Public Offerors and NRC contractors are affected by this proposed rule. The rule is expected to affect this group by increasing public awareness of NRC contracting policies, procedures, clauses, provisions, and forms. This will enable prospective contractors to better respond to NRC solicitations and enable contractors to have a more comprehensive understanding of NRC contractual requirements.
Industry The proposed rule is expected to have no impact on the licensed nuclear industry because NRC licensees do not respond to NRC solicitations.
NRC Benefits from this rulemaking will accrue to the NRC in that proposals will more accurately address agency needs consistent with NRC contracting policy and procedures. It will reduce the number of discrepancies in contractor proposals, thereby resulting in higher quality proposals from which to select NRC contractors. The inclusion of the proposed clauses and provisions in solicitations and contracts will protect the Agency interests in dealing with NRC offerors and contractors.
- 6. NRC Resources Needed . _ . _ _ ____ . _ _ _ . . _ _ _ _ _. _ _ _ . _ _ _
The estimated cost to NRC for preparing and publishing this proposed rule is 1,120 hours0.00139 days <br />0.0333 hours <br />1.984127e-4 weeks <br />4.566e-5 months <br /> of staff time. At $60 per hour, the total estimated cost for its promulgation is $67,200.