ML19330C277
| ML19330C277 | |
| Person / Time | |
|---|---|
| Issue date: | 01/01/1980 |
| From: | Morton K NRC OFFICE OF ADMINISTRATION (ADM), OHIO, STATE OF |
| To: | |
| Shared Package | |
| ML19330C269 | List: |
| References | |
| CON-FIN-B-1243, CON-NRC-05-80-256, CON-NRC-5-80-256 NUDOCS 8008080165 | |
| Download: ML19330C277 (9) | |
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' 12. PAYMENT Win BE MADE SY CODE l U. S. Nuclear Regulatory Comission U. S. Nuclear Regulatory Comission Office of the Controller Office of Inspection and Enforcement ATTN:
Director, Division of Accounting ATTN: Lawrence K. Cohen Washinoton. 0.C.
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SUPPutS/$ttviCES QUANTITY UNIT UNif PGICE AmoVNT COOPERATIVE AGREEMENT: ENVIRONMENTAL MONITORING PROGRAM WITH THE STATE OF QHIO 21.
TOTAL AMOUNT CP CONUACT $ 6.600.00 CONTRACTING OFFICER WILL CO.MPLETE BLOCK 22 OR 26 AS APP!JCABLE
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NRC-05 256 Page 2 of 6 CONTEf4TS OF COOPERATIVE AGREEMEtiT NRC-05 780- 256 1.
Cover Page 2.
Contents of Cooperative Agreement Pages 3.
Special Provisions ARTICLE I
- DEFINITIONS ARTICLE II
- SCOPE OF WORK ARTICLE III - PERIOD OF PERFORMANCE ARTICLE IV
- DIV.ISION OF RESP 0ftSIBILITY ARTICLE V
- C0flSI'DERATION Att0 PAYMENT ARTICLE VI
- DISPUTES ARTICLE V:I - AVAILABILITY OF DATA ARTICLE VIII - PART'ICIPATI0ft OF OTHER GOVERtiMENT AGENCIES ARTICLE IX
- EXAMIffATION OF RECORDS ARTICLE X
- 0FFICIALS NOT TO BEllEFIT ARTICLE XI
- COVEllAliT AGAIllST C0fiTINGENT FEES ARTICLE XII - C0fiVICT LABOR ARTICLE XIII - ff0NDISCRIMINATION ATTACHMEllT A - STATEMENT OF WORK S
S.
NRC-05-80 256 Page 3 of 6
-ARTICLi. ; - DEFINITIONS A.
The term " Commission" means the United States Nuclear Regulatory Commission or any duly authorized representative thereof, including the Contracting Officer, except for the purpose of deciding an appeal under the article ~ entitled " Disputes."
B.
The term " Contracting Officer" means the person executing this cocpera-tive -agreement on behalf of the Government and includes his successors or any duly authorized representative of.any such person.
C.
The term " Contractor" means the State entering into this cooperative
. agreement.
ARTICLE II - SCOPE OF WORK The State and the Commission shall engage in a cooperative agreement for measuring concentrations of radioactivity and radiation levels in the environ-ment of Commission-licensed activities in sites selected by the Commission.
The., principal objective of the program is to independently monitor direct raalation levels in the environs of nuclear facilities.
The full scope of this cooperative agreement is set forth in Atta'chment A, STATEMENT OF WORK, which is attached hereto and by this reference made a part hereof.
ARTICLE III - PERIOD OF PERFORMANCE A.
The period of performance hereunder shall commence on January 1,1980, and shall continue through Cecember 31, 1982, unless sooner terminated or extended, as hereinafter provided.
8.
The State and the Commission, by mutual agreement, may extend the period of perfornance through the execution of supplemental agreements to this cooperative agreement.
C.
Either party may terminate this cooperative agreement, in whole or in If this part, upon sixty (60) days written notice to the other party.
cooperative agreement is so terminated, the Commission shall be liable
- - - -- -. only for payment in accordance with the consideration and payment provi _. _ _.
sfons of this cooperative agreement for services rendered prior to the
- - - -e ffective date. of termination.. _ -- - -. -
ARTICLE IV - DIVI 5 ION OF RESPONSIBILITY In the performance of work under this cooperative agreement, the division of responsibility shall-be'as follows:
A.
At the request of the Commission, the State will conduct off-site activities which shall consist of ceploying and retrieving thermoluminescent dosimeters (TL0s) and recurning them to the NRC as specified in Attachment A.
?
NRC-05-30-256 Paga 4 of 6 B.
The Commission will participate with the State in developing schedules, procedures, reading dosimeters and preparing and submitting a report covering the results of the program.
C.
The State will prepare and submit to the Comission reports in a format and time sequence as specified in Attaument A.
ARTICLE Y.- CONSIDERATION AND PAYMENT A.
Conside ration _
l.
The Comission will provide funds, subject to the availability of 56,600.00 during the approp(riation, to the State in the amount of three 3) year period of performance.
The rate of payment to the State will be as follows:
CY 1980 - $ 1,000.00per site, per year / TLD program CY 1981 - S 1,100.00per site, per year /TLD program CY 1982 - 51,200.'00per site, per year /TLD program 2.
The Sta'te will contribute, as a minimum, an amount or in kind services equal to the Comission's contribution in 1. above.
3.
The amount presently obligated by the Comission with respect to this cooperative agreement for the CY 1980 effort is 52,000.00 8.
Payment 1.
The Comission shall render payment to the State in approximately thirty (30) days after submission of proper and correct quarterly vouchers.
2.
The State should address the original voucher with four copies to:
U. S. Nuclear Regulatory Comission Office of the Controller ATTN:
Director, Division of Accounting Washington, D.C.
20555 ARTICLE VI - DISPUTES A.
Except as otherwise provided in this cooperative agreement, any dispute concernino a question of fact arising under this cooperative agreement which is not disposed of by mutual agreement shall be decided by the t
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O NRC-05 256 Pagg 5 of 6 Contracting Officer, who shall r. duce his decision to writing and mail or otherwise furcish a copy thereof to the State.
The decision of the Contracting Officer shall be final and conclusive unless within 30 days from the:date of receipt of such copy, the State mails or otherwise furnishes to the Contracting Officer a wruten appeal addressed to the Commission.
The decision'of the Ccamission or its duly authorized repre-sentative for the determination of such appeals shall be final anc conclu-sive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as neces-In sarily to imply bad faith, or not supported by substantial evidence.
connection with any appeal proceeding under this clause, the State shall be afforded an opportunity to be heard and to offer evidence.in support of its appeal.
Pending final decision of a dispute hereunder, the State shall proceed diligently with the performance of the cooperative agreement and in accordance with the Contracting Officer's decision.
B.
This " Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph A. above:
Provided, That nothing in this cooperative agreement shall be construed as making final ths decision of any administrative official, representa-tive, or board on a' question of law.
ARTICLE VII - AVAILABILITY OF DATA Any and all data collected, pursuant to this cooperative agreement by either All party alone or jointly, shall be available in full to the other party.
data collected by the State, pursuant to this cooperative agreement, shall be sent to the NRC Office of Inspection and Enforcement, Region III office, 799 Roosevel-Road, Glen Ellyn, IL 60137
, ATTN: Chief, Fuel Facility and Materials Safety Branch.
To assure validity (and accuracy of data released for publication, each party shall have thirty 30) days from receipt of data under the program to review such cata for the purposi of verification, as appropriate, prior to release to the public, unless otherwise required by law, or both parties agree to release.
ARTICLE VIII - PARTICIPATION BY OTHER GOVERNMENT AGENCIES The Commission shall have the right to request and accept the participation of other Federal Government agencies in the program and to keep other interested Federal agencies fully and currently informed of the activities l
___ _ _ _ -undertaken under this cooperative agreement..
_ ARTICLE _IX_ _ EXAMINATION OF_ RECORDS. _ __ __. __ _..___ _ __ _ _ _ _
The State agrees tihat the Commission and the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three (3) years after final payment under this cooperative agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records involving transactions related to this cooperative agreement.
n.
- i NRC-05 256 Page 6 of 6 a
ARTICLE X - 0FFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident ccmmissioner, shall be admitted to any share or part of this cooperative agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this cooperative agreement if made with a corporation for its general benefit.
ARTICLE XI - COVENANT AGAINST CONTINGENT FEES The State warrants that no person or selling agency has been employed or retained to solicit or secure this cooperative agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the State for the purpose of securing business.
For breach or violation of this warranty the Federal Government shall have the right to annul this cooperr.tive agreement without liability or in its discretion to deduct from the cooperative agreement price or consideration, or otherwise recover the full ' amount of such commission, percentage, brokerage, or contin-gent fee.
ARTICLE XII - CONVICT LABOR In connection with the performance of work under this cooperative agreement.
-the State agrees not to employ any person undergoing sentence of imprisonment at hard labor.
ARTICLE XIII - NONDISCRIMINATION The State agrees to comply with the Commission's Regulation (Part 4 of Title 10, Chapter 1, Code of Federal Regulations), as amended, effectuating the provisions of Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974, as amended.
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O ATTACH 74ENT A STATEMENT OF NORK RADIATION MONITORING PROGRMt REQUIREMENTS 1.
PURPOSE The purpose of this cooperative agreement is to establish a collaborative (hereinafter called the " State")
program between the State of OHIO and the Comission to provide ' independent measurements of radiation leveis in the environment around selected Commission licensed activities, and to nrovide reasonable assurance that a licensee's TLD derived direct radiation measurerents are valid.
11.
GENERAL REQUIREMENTS The Comission and the State will collaborate in implementing and conducting progra'ms at individual sites within tne State in accordance thin a reasonable tr,e after the effective date of this A.
The sta cooperative agreement, will take action to provide facilities, quali-fied personnel and/or agencies as may be necessary to accomplish the The State thereafter work described in this cooperative agreement.
will maintain for the period of this cooperative agreement, a sufficient level of effort to fulfill the objectives of the coopera.
Live agreement.
B.
Programs will be undertaken at the folicwing sites:
Davis Besse Nuclear Power Station William H. Zimmer Nuclear Power Station C.
No on-site samples will ba collected pursuant to the cooperative agreement unless specifically requested or approved by the Commission.
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III.
PROCEDURES FOR IMPLEMENTING AUD C0iiDUCTING T E PR0G; ISIS A. - The Comission's Office of Inspection and Enforcement (IE) Technical Representative will provide technical liaison, as necessary, between the State and the licensee, in all matters relating to the program conducted pursuant to the cooperative agreement.
This liaison may be delegated to the NRC Region III Technical Representative for the particular NRC l'.ensee involved.
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B.
The State will make all necessary contacts and arrangements for collecting samples in the off-site environment, e.g., obtaining access to private property, assistance of State or local agencies, arranging with private firms for services, etc.
C.
The Comission will assist the State in selecting sampling locations, arranging for laboratory support, as necessary, and consulting with the State on matters of mutual concern.
D.
The State will exchange TLDs at stations established jointly by the Comission and the State on a frequency of 92 t 7 days starting on January ~1,1980.
The interval between exchanges shall not be st. aller than 80 days nor larger than 100 days.
During an exchange, the State will replace TLDs currently in the field with annealled TLDs supplied by flRC Region III office.
Intransit control TLD will be placed in lead cask upon arrival at State's point of dispatch.
Exposed TLDs will be shipped back to tiRC Region III as soon as possible by conveyance agreed upon by the Comission and 5 tate.
E.
The State will notify the NRC Office of Inspection and Enforcement Region III Office by telephone ( 312/932-2510, FTS 384-2510 ) and written confinnation as soon as practicable after it becomes aware of any observed unusual condition, level of radiation, or concentrations of radioactive material measured in carrying out the programs at indi-vidual sites.
F.
The Comission will make the necessary inspections, investigations, and inquiries to ascertain the status of compliance by the licensee (s) with license provisions, rules, orders, and regulations of the Comission. and to determine the safety of licensee operations; and will initiate enforcement or other regulatory action as appropriate.
Results of such inspections, investigations, or inquiries conducted in response to such notification shall be provided to the State.
IV.
REPORTIttG
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A.
The Comission will arrange for the timely distribution of the
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reports within the Comission and to the licensee, and any other r deral, State or local agencies as may be necessary in meeting the e
intent of the "tiational Environmental Policy Act of 1969" (Public Law 91-190, 83 P.at. 853, dated January 1,1970) for keeping affected agencies informed.
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3 The comission will work with the State in making the p.-ogram 8.
findings publicly available through special bulletins, press relecses, and publication in appropriate technical Journals or periodicals, or otherwise, to assure prompt and wide distribution of the data at minimum cost.
The Suate will provide to the Corr. mission on a quarterly basis, a C.
report covering NRC funds expended during the preceding quarter, a total' expenditure of funds under this cooperative agreement, and a tabulation of Services Rendered by facility.
This report shall be submitted to the Contracting Officer.
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