ML19338F581

Contract: Low Level Waste Radwaste Records for Neco Sites, Awarded to Nuclear Engineering Co,Inc

ML19338F581
Person / Time
Site:	02700039, 02700010, 02700048
Issue date:	09/30/1980
From:	Dougherty D NRC OFFICE OF ADMINISTRATION (ADM), U.S. ECOLOGY, INC. (FORMERLY NUCLEAR ENGINEERING
To:
Shared Package
ML19338F576	List: ML19338F575 ML19338F581
References
CON-FIN-B-6974, CON-FIN-B-6974-0, CON-NRC-02-08-059, CON-NRC-02-80-059, CON-NRC-2-8-59, CON-NRC-2-80-59 NUDOCS 8010200623
Download: ML19338F581 (11)

Text

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-. AWARD / CONTRACT 1

11 ST AND ARD F.ORM. St <iCis AD, July ceNE A,0C, pI A (41CFat 3-86.8 31

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2. EFFECTIVE Daft

3. RioutsrTION/ PURCHASE RIOUEST/;aOJECT NO.

4. CitI28t> Poa N2.1 TONAL DEFIN51 UND!t 605A.

NRC-02-80-059 NMS-80-059 "L'o^ " ' ' " 5 " * ' -

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$5UED BY CODE

6. ADuiNisitetD sy CODE l 7 Ottinar fob DESTI-(if ether lla. bluk 3)

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U.S. Nuclear Regulatory Commission O* (5~

Division of Contracts -

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' Washington, DC

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8. CONTRACTOR.

CODEj l

FACILI7Y CODE l

9. D5 COUNT POR PiouP1 PAYMENT

' NAME AND ADDRESS -

' Nuclear Engineering Company, Inc.

P.O. Box 7246 (s,~,,,,<,,,.

"jM" j Louisville, KY 40207 to. susurf NyOiCts (4 s.pi,,..I,ss ese,r sse spus) fed) 70 ADDet5$ $HOWN IN SLOCK

11. SHIP TO/ MARK FOR CODE l l

12. PAYMENT WILL BE MADE BY CODE l U.S. Nuclear Regualtory Commission Office of the Controller Washington, DC 20555

@ ID u.s.C. 230d (.x 10

13. TH2, PROCUttMENT WA5 O ADviatiseD. 8 NiGot>>'tD. Pu su^NT TO.

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14. ACCOUNTNG AND APPROPRIATION DATA B&R No. 50-19-03-02 FIN:

B 6974-0 OBLIGATE $13,900.40 13 14.

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SUPPt tis /stRVICf3 Q U A N11TY UNIT UNIT PRICE AMOUNT Provided all necessary personnel, facilities, materials and' services for the completion of all 1978 and 1979 radiactive materials received and disposed of at the following sites:

(1)

Nuclear Engineering Company (NECO)

'ianford, Washington (2) Nuclear-Engineering Company (NECO)

Bently, Nevada (3) Nuclear Engineering Company (NECO)

Shef fi eld,- Illinois FIRM FIXE 0 PRICE CONTRACT TOTAL AMOUNT OF CONTRACT s G,900.40 2I.

CONTRACTING OFFICER IT'lLL C0htPLETE BLOCK 22 OR 26 AS APPLICABLE AWARD (Ca.fr.cter as.et reg./ rad de sign this dw.mt.f.)

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Page 2 of;.11'

TABLE '0F CONTENTS This contra'cti consists of:

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1.

Cover. Page; ;SF 26 3

2. - : Table of Contents 3.-

Contract Schedule:

.Asticle I Scope of Work:

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Article II

' Period of Performance Article I-II:

Consideration Article IV-

. Key Personnel Article V-Project Officer Responsibilities Article VI

-. Technical ~ Directions.

~ Article VII

' Protection of Proprietary and Company Confidential Information.

- Article VIII

' Private Use and Protection of Unclassified Government Information.

Articl e-I X.

Utilization of Small Business Concerns Article X Definitions

-- Articl e. XI Conflict'of Interest

. Article XII ~

Order of Precedence'

4. - ~ Attachment I-General Provisions for Fixed Price Technical ~

Assistance Contracts 5.

Attachment II Billing. Instructions for Fixed Price Contracts

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' SCHEDULE.

[ Article I - Scope of Work 21.0f' Background The U.S.' Nuclear Regulatory Commission (NRC) is dpveloping licensing procedures, performance objectives and technical criteria for the disposal of low-level waste (LLW). The Nuclear' Engineering Company:

(NECO) site at Hanford, Washington is one of the four sites-which received LLW for disposal during 'the calendar years of 1978 and 1979.. Information about-the sources and quantities of waste generated is needed to aid in the development to these criteria.. The NRC is

-requesting that the above disposal facility operator provide copies of records of LLW disposed of at the site.

2.0 -Statement of Work A.

Work Required The contractor will' prepare a file containing copies of 1978 and 1979 records of all radioactive material-receipt and disposals at.the site. The receipt and disposal records shall be organized into _ sections by month andf the wasteivolume and

. cu' ries of activity shall be tabulated 1for each section.

The file shall include any'other information accompanying the records-that may-provide :further specific information about particular _ waste shipments (e.g., the date of receipt, the type,' quantity and form of. radioactive material received, the originator, the originating city, the shipping distance, and

-the type of package in which the radioactive material was shipped).

Other1information which would help NRC in understanding and interpreting the records shall:also be included in the file.

B.

-Deliverables-The contractor 'will provide to the-Project Officer no.later; L than. November'30,1980, the file containing copies of all-

, records 'and other information identified in the' task requirements for. the yearsL1978 ~and 1979. These records ~ shall be legible and delivered to NRC in chronological order.

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- C.

Progress Reports-

' The. contractor will be' required to. provide verbal status via telephone: to the Project Officer ~not less ' frequently than

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h every two weeks"from the date of toe contract award. -These

reports ~ shall-consiJt of.an assessment of progress 'made to

date;i as well'as art problems related to the procurement.

D.-

Meetings

No meetings'shall be required.

E.

THRC Furnished Material

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' No material will. be furnished ~by NRC.

- Article IIT-Period of Performance-The period of performande for this contract shal1~be from.the effective date of the contract:through November 30, 1980, at which, time all files shall ~ have been' delivered to the -NRC and all work under this contract'

-shall have been completed.-

Article III -- Consideration LA.:

The. contractor 'shall. be paid' a : total fixed price of $13,900.40 for all services-performed hereunder and for all deliverables in accordance with Clause No. 3 entitled, " Payments" of the General Provisions for Fixed Price Technical Assistance Contracts.

B.

The contractor, may submit an invoice' for payment of the above amount upon acceptance by the Commission of all work performed and all. deliverables. L Payment by the Commission will be made.as is reasonably' practical. after submission of invoice, voucher or other supporting' documents. as evidence as. the Contracting Officer may require.

Article IV Key ' Personnel Pursuant to Clause No '39 of the. General Provisions hereto, ' entitled

" Key Pe'rsonnel",'the following individuals are considered essential-to

.the work being performed:under this contract:-

LTom Baer,- Director. Technical. Services i Arvil Crase Director of Marketing

-Alice'-Spann,- Asst. Manager.of Radioactive Sales J

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e SCHEDULE ARTICLE Y -

Responsibilities of'the Project Officer

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The' Project Officer is responsible for:

(1) Monitoring the Contractor's technical progress, including the surveillance and assessment of performance

and recommending to the Contracting Officer changes in requirements; -(2) interpreting the statement of work; (3) performing technical evaluat'on-

-as required;.(4) performing technical inspections and acceptances required by this? contract; and -(5). assisting. the. Contractor in.the resolution of technical problems encountered during performance.

Within the pr.eview of this authority,'the representative is authorized to

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j approve payment ~ vouchers for, supplies / services required under,the contract.

The Contracting Officer is respansible for directing or negotiating any changes.in terms, conditions,~ or amounts cited in the contract.

For guidance -from~ the Project Officer to -the Contractor to be valid..it must:

(1) be consistent with-the description of work' set forth in this contract;. (2) not' constitute new assignment of work or change to the expressed terms, conditions, or specifications incorporated into this contract; (3) not constitute'a basis for an extension.to the period of

. performance ore contract' delivery schedule; (4) not constitute a basis for any increase:in the contract price.

If the Contractor receives guidance from the Project 0fficer which the

- Contractor feels, is not valid under the criteria cited above, the Contractor shall immediately notify.the Project 0fficer.-

If the:two are not able to. resolve the question within 5 days, the Contractor shall notify the

- Contracting Officer.

-Mr. Gary Roles,-

is designated as the NRC Project Officer for this contract.

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iARTICLE VI TECHNICAL. DIRECTION A'.,

-Performance of.the work under this contract shall be subject to the (technical direction of the NRC. Project Officer named'in Article

-V.

of. this contract.1Th'e term " Technical' Direction" is defined toj nclude the following:

)1.

. Technical direction'to the' contractor which shifts work emphasis

between areas of work or task:, requires pursuit of.certain lines of inquiry, fills in. details or otherwise serves to accomplish the: contractual ~ scope of work.

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2., Providing assistance to the Contractor in the preparation of drawings,1 specifications or technical portions of the work

' description.

2 3.

1 Review' and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

B.1

. Technical ' direction must be within the general. scope of work stated in the contract. The Project 0fficer does not have the authority-to and:may not issue any technical direction which:

1.'.Consti tutes an assignment o.f additional work outside the general scope of the contract.

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. Constitutes a change as defined in the clause of the General. Provisions,-

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entitled " Changes."

-3.

-In any'way causes'an increase or decrease in' the total estimated

. contract cost, the fixed fee,.if any, or the time required for-contract performance.

L4.-

Changes :a'ny of the expressed, terms., conditions or. specifications of the contract.

C.1 ALL. TECHNICAL' DIRECTIONS iSHALL.BE ISSUED IN-WRITING BY:- THE PROJECT OFFICER t

'OR SMALL BE CONFIRMED BY SUCH. PERSON IN WRITING WITHIN ; TEN (10) WORKING,

iDAYS AFTERWERBAL ISSUANCE. ~ A copy of said written direction shall be' '

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submitted L to f the Contracting Officer.

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. The. Contractor sha11' proceed promptly with the performance of technical j

~ : directions duly. issued by the Project'0fficer in the manner prescribed by fthis articleiand within such-persor,'s autharity under~ the, provisions of

this : article.

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Article Ili 'Protsction of Proprietary 'and' Company Confidential Information 4

-If p_roprietary of compan) confidential data is provided to.the-s

contractor by the Go'vernment in

connection with this contract, the contractor agrees 1to safeguard 'such,information and. agrees not to

release such information tocany person ~ not-directly involved in the n-P performance.of_ work -undcr this contract unless such release is -

authorized in writing byJthe" Contracting Officer. -Upon completion

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'or termination of.this contract, all' copies of any1such proprietary orJcompany confidential data-shall be returned to the Commission..

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Article 3III Private'Use Protection or Unclassified Government Information_

and Contract Information and Data:

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'(a)

Except as specifically. authoriied by this contract, or as-otherwise approved by the Contracting Officer, records, data -

information, documents and' material developed or acquired by

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~or furnished to the contractor in the performance.of-this

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~ contract shall be~ used only in connection with the work performed D

l under'this-contract. The ' contractor shall upon' completion or Ltermination:of this contract, transmit to the Commission all

= records ortother information, documents and material, and any.

_ copies.thereof, furnished by the Commission to the contractor in -the performance' of this contract.

i (b).- The contractor shall be-responsibleLfor safeguarding from s

unauthorized disclosure'any information?or other documents;and material exempt from public disclosu're by the Commission's regulations and.made:available to the contractor in connection 1

with :the performance of. the. work under this contract.

The contractor agrees to conform to all regulations, requirements,

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y and.-direction of the Comnission with: respect to such material.

F (c) ?The ' contractor's duties under_ this clause shall not be construed t

to limi_t or affect.in any way the= contractor's obligation to-

! conform to all security regulations and requirements of the Conynission pertaining to classified information and material.

! 1 ? ArticlejlX - _ Utilization of Small Business Concerns and Small BNsiness l

Concerns Owned and Controlled by Socially and Economically..

4 Disadvantaged Individuals (a)j 'It is<the policy of the United States that:small business concerns and,,.

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-small business concerns. owned and controlled by socially and ' economically disadvantaged 1 individuals shall havef the maximum practicable opportunity; Ltoiparticipate;in the ~performan'ce of contracts -let by any Federal agency.

((b) :.The contractorLhereby agrees to_ carry out this policyfin the awarding of

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- subcontractso to j the fullest" extent consistent with the efficient ~ performance Lof, this contract. _,The' contractor further ~ agrees 4 to cooperate in any studies.or' surveys that may be conducted by the Small -Busine~ss' Administration-f or the contracting agency which may be necessary to _ determine-the

-extent' ofEthe contractor's compliance ^ with this clause.

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I(c)

(l)' (The termL"small business concern" shall mean a small-L

. business'- as defined pursuant _.to Section. 3 of. the Small

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Business Act and'in relevant regulations promulgated E-

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pursuant thereto...

I(2); iThe: < terms"small1 business concerns" owned and controlled by socially;and economically disadvantaged: individuals" shall?mean-acsmall business c'onern--

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ii. which is _at;1 east Sl per: centum:osned by one or more.

fsocially and economically. disadvantaged-individuals; or. in the. case of any publicly: owned business, at'least 51;per centum of the stock of which is owned by one or-

.more/ socially and. economically ~ disadvantaged individuals; and v

d' daily business. operations,are controlled.by

11. whose management an one'or more of such individuals ~.'

~ The contractor shall: presume thst' socially:and economically' -

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disadvantaged-individuals include Black Americans -Hispanic

. Americans, Native Americans, Asian-Pacific Americans,. ~

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i idual found.to be-

and other minorities, or any other-ind v disadvantaged by the Small Business Administration' pursuant

.'to section-8(a) of the Small Business Act.

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t (d) : Contractors ' acting:in good. faith may rely-on written representations

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by their-subcontractors as either a small business ' concern or a small~ b'usiness concern owned and fcontrolled by socially and 4

l econ'omicallyL disadvantaged individuals.-

f Article X'- Definitions i

As -used: throughout _this contract, the following terms shall have the meas.ings

.i set forth below:-

.a.

1The tenn " head.of the agency" or_ " Secretary"La_s used herein means

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the. Secretary,_ the Under Secretary, and Assistant Secretary,' or

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any other head.or assistant head of the executive or. military

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department or other Federal agency;_ and the. term "his duly' authorized ~

? representative" means.any person or persons or board (other than

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the Contractingl0fficer): authorized to act for the head of the~

L Agency orJthe= Secretary.

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Page 9 of 11 ARTICLE XI - CONFLICT OF INTEREST The primary (purpose of this clause is to aid in1) Is not pla

-(a)

Purpose.

ensuring that the contractor:

because of current or planned interest (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by

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virtue of its performance of this contract.

(b). Scope.

The' restrictions dacribed herein shall apply to perfonnance or participation by the contrc<-tor as defined in 41 CFR 5 20-1.5402(f) in the'actitities covered by this clause.

(c) Vork for others.

Notwithstanding any other provision of this contract, during the term of this contract. the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or_ organization,- the result of which may give rise to a conflict of interest with respect.to the work being performed under this contract.

The contractor shall e~nsure that all employees who are employed full time under this_ contract and employees' designated as key personnel, if If the any, under this contract abide by the provision of this clause.

contractor believes with respect to itself or any such employee that any proposed consultant or other contractual arrangement with any firm or organization may involve a. potential conflict of interest, the contractor i

shall obtain the written approval of the contracting officer prior to execution of such contractual arrangement.

(d)

Disclosure after award.

(1) The contractor warrants that to the-best of its knowledge and belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as defined in 41 CFR 520-1.5402(a).

'(2) The contractor agrees that if after award it discovers organizational conflicts of interest with respect to this contract, it shall make an j

inmediate and full disclosure in writing to the contracting officer.

This. statement:shall include _ a description of the action ~ which the contractor has.taken or proposes to. take to avoid or mitigate such conflicts.

The NRC may, however, terminate the contract for convenience if it deems such. termination to be in the best interests of' the government..-

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(E) ' Access.to and use. of information.

(1) If the contractor in the performance of this contract obtains access to information, such as NRC plans,' policies, rep' orts, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or, data which has (i) Use

'not been released to the public, the contractor agrees not to:

such information for any private purpose until the information has been released to the public; (ii) compete for work for the conmission based

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.wofi.oJ.1_ \\ frL on such information for a period of six (6) months after either the

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ccmpletion of this contract.or the release of such inforwtion to the ~

-public, whichever. is first, '(iii) submit an unsolicited proposal to the

> government based on-such information until; one year after the_ release of such information to the public,'or (iv) release' the information without prior written' approval'-by. the contracting officer unless such information has-previously been released to the public by the NRC.

(2)- '[n addition, 'the contractor agrees that 'to the extent it:

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receives or i_s given access. to proprietary data, data protacted by the Privacy Act 'of 1974 (Pub. L.93-579), or _other confidential or privile'ged technical, business, or financial infomation under this contract, the contractor shall treat such information.in accordance with restrictions placed on use of the,information.

i (3)

The contractor shall'ha've, subject to patent and security provisions of this contract, the right to use technical data it produces

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under this l contract for private purposes provided that all requiraments -

of this contract have been met.

'(f) ; ' Subcontracts.

Except as provided in' 41 CFR 5 20-I.5402(h), the contractor shall include this clause, inclu' ding this paragraph, in s'ubcontracts of any tier.

The terms " contract," " contractor," and

" contracting officer,"Jshall be appropriately modified to-preserve. the, government's rights.

. (g)

Remedies.

For bfeach of.any.of the above proscriptions or for 4

. intentional nondisclosure or misrepresentation of any relevant interest required to -be ' disclosed concerning this contract or for such erroneous representations as 'necessarily imply bad faith, the government may,

terminate the contract for default, disqualify the contractor from subsequent contractual! efforts, and pursue other rerr.edies as may be permitted by law or. this contract.

. (h)

Waiver.. A request for waiver under this clause _ shall' be-

.' directed /in wr.iting through the contracting officer to the Executive Director for,Cperations _ (E00) in accordance with the ' procedures outlined

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tin 120-1.5411.

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. -...r-Article' XII-- Order of Precedence In the ~ event!of an inconsistency. between'the terms and conditions of the

-contract. the inconsistency'shall be resolved by giving' precedence in the following forder:'

1.

The SCHEDULE:. (Note:;

Nothing contained in the Contractor's proposal..whether or not incorporateo by reference, shall constitute a waiver' of any terms or conditions

-provided.in'theSCHEDULE.)

2.

The General Provisions 3.

-Other terms and ' conditions of.the contract,-whether-incorporated by reference or :otherwise. -

General Provisions The General Provisions of this' contract will consist of Appendix A.

" General ' Provisions, Fixed Price Technical Assistance Contract,' "da ted February 15.1978 (attached hereto).

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