ML20043C521
| ML20043C521 | |
| Person / Time | |
|---|---|
| Issue date: | 04/05/1990 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Halman E NRC |
| Shared Package | |
| ML20042D040 | List: |
| References | |
| FOIA-90-6 NUDOCS 9006050278 | |
| Download: ML20043C521 (8) | |
Text
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MEMORANDUM FOR:
Edward L. Halman, Director Division of Contracts and Property Management Lando W. Zech, Jr.
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SUBJECT:
AWARD OF CONTRACT TO ALAN S. ROSENTHAL
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J Confinning my staff's previous oral instructions, you are directed to award a contract to Alan S. Rosenthal in as expeditious a manner as possible. As indicated in the accompanying Request for Procurement Action and draft Statement of Work, Judge Rosenthal is conducting very sensitive independent investigations for the Consission. Due to the urgency of the situation. I personally instructed Judge Rosenthal to commence work on February 28, 1989, and the contract should reflect that starting date.
i The investigation in question involves allegations that personnel in the Office of Investigations (01) failed to properly perfona certain of their assigned duties. Because the investigations have not been completed, I am not at liberty to convey the substance of those allegations.
I can assure you, however, that these investigations involve serious allegations that are of strong interest to the Consissioners and the Congress.
Given the fact that further delay in completing the investigations will con-tinue to interfere with this agency's ability to conduct business in the
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sensitive areas that are Ol's responsibility, as well as the strong Congres-sional interest in the matter, it is imperative that NRC complete this investigation without delay. Therefore, in my judgment the need to award this contract is both urgent and compelling, and the delay incident to com-i petition would seriously injure the agency's ability to perfona its mission.
Judge Rosenthal, the former Chairman of the Atomic Safety Licensing and Appeal Panel, is uniquely qualified to conduct this investigation. He is intimately familiar with NRC operations, particularly its licensing procedures, and he has extensiye experience with the appropriate consideration of evidence in the course of licensing. He is also experienced with NRC investigative matters and is familiar with NRC's Office of Investigations, its role and its func-tions, which relate primarily to the conduct of NRC licensees, contractors, vendors and employees of these entities. This comprehensive understanding of NRC and 01's role is essential to the successful completion of this investi-gation since, absent this knowledge, other potential investigators would be required to spend unnecessary time familiarizing themselves with these j
matters.
Further, as a former Chairman of the Appeal Panel, Alan S. Rosenthal 4
has extensive experience as an administrative judge, and has an unparalleled reputation for careful work and thorough analysis. The Consnission has also 9006050278 900405
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2-relied on him to conduct sensitive investigations in the past.
In sunnary, Judge Rosenthal has the unique combination of experience, personal reputation and other qualifications needed for the timely completion of this investiga-tion.
The Comission is unaware of any other individual who possesses this combina-tion of qualifications, and certainly none who has our full confidence in' this regard.
It is therefore niy opinion that the agency's minimum needs can only be satisfied by the unique combination of experience, personal reputation and other qualifications which Judge Rosenthal possesses.
You are to make such detenninations and grant such waivers from standard pro-curement procedures as are necessary to accomplish imediate award of this contract.
Attachments:.As stated e
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SECTION C - DESCRIPTION / SPECIFICATION / WORK STATEMENT C.1 STATEMENT OF WORK C.1.1
Background
The NRC has 'an urgent requirement for investigative services to resolve certain outstanding allegations concerning the manner in which NRC's Office of Investigations (01) perfonns its functions. That office perfonns critical, highly visible investigations of HRC licensees, contractors, vendors and employees of these entities; the timely resolution of these allegations is therefore essential, since 01 must have the public's full confidence in order to perfom its mission, investigative services to be perfonned under this contract are a matter of strong concern to NRC management and the Congress.
C.1.2 Contract Objective The objective of this procurement will include on-going investigations where the focus of the investigation is 01, as well as any new investigations that might be initiated as a result of allegations received prior to the activation of the Inspector General for the NRC. The contractor shall provide indepen-dent investigative services for the Comission, and shall furnish felly docu-mented reports of his investigative findings.
Such investigative services shall, in all cases, be consistent with the agency's need for timely resolu-tion of the allegations.
C.I.3 Appointment as Agent The contractor is appointed as agent for the NRC for purposes of administering oaths and such other ministerial functions as may be necessary to perform the investigative activities required in this statement of work.
Work Requirements C.1.4.1.
Scope of Work The contractor shall perform any and all investigations necessary to accomp-lish the contract objectives for the Comission, either directly or through subcontractors approved under this contract. The NRC shall provide required office space, furniture, equipment, telephone service and the like, together with all necessary secretarial, clerical, administrative and other support that the contractor may require in his investigation. The NRC further agrees to cooperate fully in this investigation, and to grant the contractor unimpeded access to all necessary NRC files and documents. The priority to be assigned allegations that 01 personnel have not properly performed their assigned duties will be established by the contractor in consultation with the Project Officer. The contractor shall conduct complete investigations in accordance with the terms of this contract.
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. 4 C.1.4.2 Record Review The contractor shall review the record of The Office of Inspector and Auditor concerning any pending investigations of the Office of Investigations. Such reviews of the record shall include previous investigative materials, reports, and other documents which reflect relevant information or the conclusions of those prior investigative efforts. Record reviews shall, to the extent the contractor deems necessary, include such supporting materials as records of interviews, transcripts, and tapes associated with the prior investigation, i
as well as the underlying documents referred to in those materials.
C.1.4.3 Independent Review In addition to his review of any prior investigative records, the contractor shall conduct such investigations and reviews as are necessary to indepen-dently determine the validity of the allegations that 01 personnel did not properly perform their assigned duties.
This may involve interviews with witnesses, both formally transcribed by a court reporter and informal. Such independent reviews may also include any and all relevant documentary mater-ials not contained in the prior investigatory files, including internal NRC memoranda and other papers generated by NRC staff; correspondence with other federal agencies on the prior investigation; and other relevant documents obtained from licensees, contractors, and other enuties.
In sum, the con-tractor is to take such additional investigative steps as are necessary to assure its full, accurate and complete assessment of the allegations in question.
C.1.4.4 Investigative Report The contractor shall furnish an investigative report to the Commission upon completing each investigation of allegations that 01 personnel did not properly perform their assigned duties.
Such reports shall contain complete findings as to the validity of the the allegations, and shall fully document the reasons for those findings. To the extent that the contractor's find-ings differ from those reflected in the prior investigatory materials, the contractor shall identify those differences and, to the maximum extent practi-cable, the reasons for the differences.
Investigative re> orts shall not contain recommendations on what management action should >e taken based on the findings in the reports.
C.1.4.5 Briefings The contractor may be requested to provide oral briefings for the Comission, the Congress, and other interested parties on his findings after delivery of an investigative report. Such oral briefings shall be undertaken only in accordance with the written request of the contracting officer, which request shall identify the time, place and audience for the briefing. Necessary time to prepare for any oral briefings, as well as the actual briefing itself, shall be included in this task.
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C.1.5 Inconsistent Arrangements Effective as of the execution of this contract all arrangements inconsistent with the terms of this contract shall be of no force or effect.
[End of statement of work]
OTHER CONTRACT TERMS
- Deliverables:
Investigative reports in accordance with Paragraph C.1.4.4.
Delivery dates:
Mutual Agreement Delivery point:
ProjectOfficer Contract funding:
60 days 9 $500 per day, to include costs for travel.
Travel:
Include standard provision authorizing travel and per diem at government employee rates.
Completion date:
September 30, 1989 Reports:
Monthly, letter on status only.
Payment:
_ Monthly.
NRC Support:
Include standard Government Furnished Equipment provision and listing consistent with C.1.4.1.
Tennina tion:
Include standard termination provision giving NRC'the right to terminate contract perfonnance.
Subcontracts:
Include provision requiring the contracting officer's prior approval.
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& 04f t AMIN ATION AND SUPP0ATING STAf tutNT CP WHY Pimec*enet L wtTM iXISTING 8xlLLs CANNOT 84 DeT AlestD p MOM ANOTMt m Plot m AL ActNCY lt is inappropriate to involve another agency in investigations internal to the NRC.
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