ML20125C860

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Further Response to FOIA Request for Documents Re Selected NRC Contracts for Court Reporter Svcs.Forwards App C Documents.Portions of Item 7 on App C & App D Document Withheld (Ref FOIA Exemptions 4 & 5)
ML20125C860
Person / Time
Issue date: 02/06/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Riley A
TAYLOE ASSOCIATES
Shared Package
ML20125C863 List:
References
FOIA-84-734 NUDOCS 8506120181
Download: ML20125C860 (5)


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FEB 6m Ms. Ann Riley .

Tayloe Associates 1625 I Street, NW, Suite 1004 IN RESPONSE REFER l Washington, DC 20006 TO F0IA-84-734 l

Dear Ms. Riley:

t This is in further response to your letter of September 12, 1984, in which you requestei, pursuant to the Freedom of Infomation Act (F0IA), documents related to selected NRC contracts for court reporter services.

We previously made available documents identified in a letter to you dated i November 15, 1984, and December 14, 1984.

The records identified on the enclosed Appendix C are now available for public inspection and copying at the NRC Public Document Room.

Note that portions of item 7 on Appendix C have been withheld from public disclosure, pursuant to Exemptions 4 and 5 of the F0IA (5 U.S.C. 552(b)(4) and (5)) and 10 CFR 9.5(a)(4) and (5) of the Commission's regulations, as noted on the document. This document contains (1) financial cost and pricing information related to performance of stenographic reporting services, the disclosure of which could cause competitive harm to the companies which provided the information; and (2) predecisional infomation containing advice, opinions, and recommendations, the disclosure of which would inhibit the candid and frank communication within the NRC staff and thus would not be in the public interest.

The one document identified on Appendix D is being withheld in its entirety pursuant to Exemption 5 of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations. The document contains advice and recommendations of the Atomic Safety and Licensing Board Panel with regard to the review of anticipated submissions by bidders under Invitation for Bids (IFB) No. SECY-84-327. The disclosure of this document would inhibit candid and frank communication within the NRC staff and thus would not be in the public interest.

Pursuant to 10 CFR 9.9 and 9.15 of the Commission'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 the denial of portions of item 7 on Appendix C are the undersigned and Mr. Edward L. Halman, Director, Division of Contracts, Office of Administration. The person responsible for the denial of the document on Appendix D is Mr. B. Paul Cotter, Jr., Chief Administrative Judge, Atomic Safety Licensing Board Panel.

8506120181 850206 PDR FDIA RILEYB4-734 PDR l

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The denial by Mr. Halman and myself may be appealed to the Executive Director l for Operations within 30 days from the receipt of this letter. 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 F0IA Decision." The denial by Mr. B. Paul Cotter, Jr., may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Comission.

The staff has also identified a bid and associated docunents relating to a submission under IFR SECY-84-327 from a firm which subsequently withdrew its bid. Please let us know by February 15, 1985, if you wish to have these

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documents considered for release under ycur request. Otherwise, we will consider these documents to be outside the scope of F0!A-84-734.

We referred to the Small Business Administration (SBA) one document, which was originated by that agency, for a disclosure determination and direct response to you by the SBA.

The staff is reviewing additional records subject to your request. We will notify you upon completion of this review.

Sinceydly,

//

! gr J  ; Felton, Director ObisionofRulesandRecords 4

[ Office of Administration

Enclosures:

As stated 4

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APPENDIX C RECORDS IN PDR FOLDER F01A-84-734 Contract No. 17-83-399

1. 03/18/83 Memorandum for Edward L. Halman, ADM:DC, from Patricia G. Norry, ADM, entitled " Stenographic Reporting Services"

.. (1 page) with attached memorandum for William J. Dircks, EDO, from Samuel J. Chilk, Secretary, dated 03/15/83, entitled " Stenographic Reporting Services" (2 pages).

Note that this attachment was already made publicly avail-able in F01A-84-734, Appendix B, item 4.

2. 09/20/83 Memorandum for file from Ann Tipton, SECY, entitled i " Reporting Contract" with attached list of Commission 1

Meetings (3 pages).

3. 01/04/84 Memorandum for the record from Walter Magee, SECY, entitled

" Phone Call to Duan? Kidd (ADM/ DOS) on December 30, 1983" (1 page).

4. 02/17/84 Letter to Ann .tiley, Tayloe Associates, from Patricia A.

Sullivan, SECI, regarding quality of bond paper for Commission transcripts (3 pages).

IFB No. ASB-84-352 - Prior to Receipt of Bids

5. 02/13/84 Letter to Kathryn A. Davis, ADM:DC, from Rose Ann Sharp, Alderson Reporting, requesting clarification of solicitation (3 pages).
6. 02/15/84 List of questions regarding IFB No. ASB-84-352 (3 pages).

IFB No. ASB-84-352 - Evaluation of Bid and Contract Award

7. 08/06/84 Summary of Procurement for NRC-21-84-352, signed by Kathryn A. Davis and Mary Jo Mattia, ADM:DC, (10 pages) with four attachments: Attachment 1, entitled " Report of the Soure.:

Evaluation Panel - ASB-84-352, dated 07/20/84 (10 pages);

Attachment 2, Cost Comparison Chart (1 page); Attachment 3, Cost Comparison Chart (1 page); and Attachment 4, entitled

" Report of the Chairman Source Evaluation Panel - ASB-84-352" (2 pages).

IFB No. SECY-84-327

8. 12/21/83 Memorandum for Mary Jo Mattia, ADM:DC, from John C. Hoyle, SECY, entitled " Statement of Work - Stenographic Reporting  !

i l

.-_ ._. _ _ . . . _ _ ~_ . _ _

Re: F01A-84-734 Services Contract (Washington Area)" (2 pages) with attached NRC Form 187, " Security / Classification Requirements" signed by John C. Hoyle dated 12/20/83, attached NRC Form 400, " Request for Procurement Action (RFPA)" signed by John C. Hoyle dated 12/20/83,and draft Statement of Work for SECY-84-327 (31 pages).

9. 01/13/84 Memorandum for John C. Hoyle, SECY, John Cho, ASLAP, Charles Fitti, ASLBP, William M. Dorie, ADM, and '

Austin L. Newsom, ACRS, from Samuel J. Chilk, Secretary, entitled Source Evaluation Panel (SEP) for Re Services Contract (Washington Area)" (2 pages) porting

10. 01/20/84 Routing and Transmittal Slip to John C. Hoyle, SECY, from Kathryn A. Davis, ADM:DC, with attached miles +one schedule (6 pages).

Memorandum for Edward L. Halman, ADM:DC, from Raymond

11. 01/25/84 J. Brady, ADM:SEC, entitled " Approval of NRC 187 for ,

Stenographic Reporting Services" (2 pages).

12. 01/26/84 Memorandum for John C. Hoyle, SECY, from Mary Jo Mattia, ADM:DC, entitled " Milestone Schedule - SECY-84-327, Entitled ' Stenographic Reporting Services, Washington,  ;

D.C. Metropolitan Area'" (5 pages). -

13. 02/22/84 Letter to Verl Zanders, SBA, from Mary Jo Mattia, ADM:DC, in response to SBA letter of 02/08/84 regarding SBA concerns regarding terms of IFB No. SECY-84-327 (3 pages).
14. 03/09/84 Memorandum for Samuel J. Chilk, Secretary, from Edward L.

Halman, ADM:DC, entitled " Requirement for Copies of Transcripts on Floppy Disk Media, IFB No. SECY-84-327" (1 page).

15. 03/13/84 Mcmorandum for Edward L. Halman, ADM:DC, from John C. Hoyle, SECY, entitled " Requirement for Copies of Transcripts on Floppy Disk Media, IFB No. SECY-84-327" (1 page).
16. 03/13/84 Schedule A - Competitive Procurement Milestone Schedule forRFPANo.SECY-84-327(2pages).
17. undated QuestionsConcerningIFBNo.SECY-84-327(7pages).

APPENDIX D RECORD WITHHELD UNDER F01A-84-734 Exemption 5

1. 02/09/84 " Replies to Tayloe Questions regarding IFB No. SECY-84-327" by Charles J. Fitti, ASLBP (3 pages),

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