ML20207T762
| ML20207T762 | |
| Person / Time | |
|---|---|
| Issue date: | 06/18/1985 |
| From: | Chery D Office of Nuclear Reactor Regulation |
| To: | Jessup B NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20207T743 | List: |
| References | |
| FOIA-87-79 NUDOCS 8703240313 | |
| Download: ML20207T762 (4) | |
Text
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= ; ,E NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 205%
% . . . . . *# JUN 1b 25 MEMORANDUM FOR: Barbara Jessup Technical Contracts Branch, DC FROM: Donald L. Chery, Jr., Section Leader Hydrologic Engineering Section Environmental & Hydrologic Engineering Branch, DE, NRR
SUBJECT:
NRR-85-064 CERTIFICATION Technical Certification I certify that the facts and representations known to me that are included in the class , justification to the National Academy of Science dated 4.h#/M by Ron Thompson, Contracting Officer, are acc hatt and complete to the best of my knowledge and belief.
+Mer Dath ba/Of Donald L. Chery, Jr.
Project Manager SHOOK 87-79 png I
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'S Nuclear Regul$ tory Commission '
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Division of Contracts Clas! Justificatior$ for Other Than Tull and Open Competition ' b
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The U.S. Nuclear Regulatory Commission proposes to enter intox sole ' source .
contracts with the Ational Pesearch Council of the National Acadeay of s
Sciences for the following class'..of services: independe/tind' objective.
, views, opinions, and perspectivei of aminent experts from a wide range of j scientific fields 'related to the'effe:tiveness of menpower engineering, science, and technology on impor tant hoclear energy researc,h ~iseues related to nuclear waste and safety rer,ulation. In carrying out its activities, the Council develoos and ma'intains a ccntinuing base of energy knowledge on Alternative ter.hcologies and pciicy issues, as well, ,
- as a broad historical perspee4.ive'on energy issues." In pursuing its t purpose, the Academy represents al essential research capihility for scientific this r.iassstudie.vcf df services the'naturd is $1,000,000,described above. The estimated cost of b
- 2.
,s The statutory authority permitting othei than full and open competition s is 41 U.S.C. 253(c)(3) as ihplemented by FAR 6.302-3 which nrovides for s
3 limiting competition in these situaticas wnerp the agency is maintaining an essential engineering resarch capaht14 ty .dith a nonprofit institution. .
3.
The Academy was established as en essential research capability through its charter on March 3,1863, which states that'it shill, phenever called s.
upon by any department of the Government, investigate!. examine, experiment, and report upon any subject of science or art. The Ac6dcmy became the official, yet independent advisor ':0 the Federal Governmeret in matters of science and technology. The Comihicn's principal 1esponsibility is the regulation of the nation's nuclear power plants. Performance of this function' requires the resolution of generic and, specific regulatory issues with regard to safety ar4 the environment. The Academy is an essential research capability to NRC because it pcssesses a wide ranfp of
- scientific research'and engineering information that could significant*iy assist NRC in its policy-making deliberatfans.
For more than,1 catury, the Acadeny has been able to assemble scientific '
and engineering expertise from the public and private sectors to address national problems of high priority. Tc a degree unmatched els'ewhere, the Academy has elicited the participation of virtually any scientist throughout the United States to serve on its advisory panels and committees. Tbus, there is a meant for many highly trained and skilled scientists and engineers to render a service to th? nation which they might otherwise be -
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precluded from perfonning because of employment or occupational constraints and other considerations.
These exceptional capabilities are further emphasized by Executive Order No. 2859 and No.10668, as amended, which provide for the organization of the National Research . Council, the operatirg arm of the Academy, and establishes a basis foc the Executive Branch of the Government to request the assistance of the Academy in matters of scientific and technical import. Thus, the collective reputation of its members, their esteemed standing within the scientific comunity, and the unparalleled integrity associated with the work of the Academy combine to set it aside as an essential capability in terms of its ability to provide independent research that could assist NRC in resolving regulatory issues.
4.
These attributes, combined with the charge that has been placed on the Academy by its charter, underscore the unique nature of this sole source action. The Academy is uniquely different from other organizations in terms of the impartiality of the institution, the institutional . control exercised over the selection of comittees, the independence and freedom of committee deliberations, and the absence of program or regulatory responsibility over the program issues under deliberation. Neither the Academy, nor its constituent committees having imediate responsibility-for a given study, have a vested interest in the outcome of deliberations.
Nominees for membership on Academy committees are subject to rigorous procedures for appointment, including assessment of the issue of potential sources of bias. All committee reports undergo a thorough review in accordance with overall procedures prescribed by the Acadeny. This includes review by the authorizing committee as well as by others not immediately associated with the writing of the report. This process assures that the assessment is objective and that the scientific data 1
examined warrant the conclusions cr. recommendations made by the committee.
5.
In accordance with FAR 5.202(a)(9), this requirement will not be synopsized in the Commerce Business Daily. '
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- 6. It is anticipated that the cost to the Government will be fair and i reasonable because cost analysis will be performed to negotiate fair and reasonable costs.
- 7. This class justification expires on September 30, 1988.
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. i Lj , Contracting Officer Certification I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.
Date: b"$]'W [.asje) 9. fMf.,
' M (nald p mpspn Cohtracting Officer As required by P9 /t 6.304(a)(2) of the Federal Acquisition Regulation, I have reviewed and ( v ) approve ( ) disapprove the above described class of services for other than full and open competition.
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Q Edward L. Halman '
Competition Advocate bal %
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