ML20147D133
| ML20147D133 | |
| Person / Time | |
|---|---|
| Issue date: | 12/12/1978 |
| From: | Hargett D NRC OFFICE OF ADMINISTRATION (ADM), WATER & ENVIRONMENT CONSULTANTS, INC. |
| To: | |
| Shared Package | |
| ML20147D131 | List: |
| References | |
| CON-NRC-02-79-021, CON-NRC-2-79-21 NUDOCS 7812190066 | |
| Download: ML20147D133 (10) | |
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CJ PAGE STANDARD FORM 26, JULY 1966 AWARD / CONTRACT I
5 RED. ncC. no. viCm i.i.fiON oENun suvices ADMusTRA
.ioi
- 1. CONTRACT !Prw. last. Idant.1 NO.
- 2. EFFECTlvt DATE
- 3. REQUl$1 TION / PURCHASE REQUt$f/ PROJECT NO.
- d. CER(IrltD FOR NATIONAL DEFENSE UNDER BD5A NMS79-021 "L'o^" ' "
"5 "
NRC 02-79-021 vm b
- 6. ADMusTERED sy CODEj
- 7. DEUVERY
- 5. ISSUED SY CODE (if other than bluk 3)
FO8 DESTS-f) U.S. Nuclear Regulatory Commission
[3 NATION 4
,' Division of Contracts 0,i >f'"" "
Washington DC 20555
- 8. CONTRACTOR CODE}
l FACILITY CODE l
- 9. DISCOUNT FOR PROMPT PAYMENT NAME AND ADDRESS l
Daryl Be Simons rster,i. <iti.
m,1ti. s,at,.
Water and Environment Consultants, Inc.
2 3535 Terryridge Road
' ',5",**",d; TO ADDu"ss s"HOw"N,N.'tOCx 'W" Fort Collins, Co1orado 80524
,of 11, SHIP TO/ MARK FOR CODE l l
- 12. PAYMENT WILL BE MADE BY CODE l U.Se Nuclear Regulatory Commission j
U.Se Nuclear Regulatory Commission Office of the Controller Office of Nuclear Material Safety &
Washington DC 20555
__JJashingg e p a g 5: Attn
- l. Ressbach 10 U.S.C. 2304 (o)( )
- 13. THIS PROCUREMENT WAS O ADviRTiseD. O NeoofiAfrO. PuRsu^NT Toi d i U.S.C. 252 (cx3 i
- 14. ACCOUNTING AND APPROPRIATION DATA 50-19-01-01-0 B-6436-9
$5,000.00 13.
16.
17.
18.
19.
20.
lit M NO.
SUPPUE S /5ERvtCES QUANilTY UNIT UNIT PRICE AMOUNT Assessment of Mill Tailings Impoundment Diversion Ditches and Flood Protection l
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W *'
'l812190 @
21.
TOTAL AMOUNT OF CONTRACT $ 5,000.00 l
CONTRACTING OFFICER WILL CobfPLETE BLOCK 22 OR 26 AS APPLICABLE Your ener l
22.
CONTRACTOR'S NttMilAftO AGREEMENT (Centreaor is required to sign 2s. Q AWARD (Contractor is not required to sign this stecument.)
tirs desument and return _b repies to isssaing egire.) Conhodor ogrees on $ohcischen Number
- including the I
f es f urnish end dehver oil stems os perform all the services set forth or otherwise odd.tions or changes enode by you which odditions or changes are set forth in full idenh6ed above end on eny connvahon sheets for the consideration stated herein.
above, is hereby accepeed es to the items fested above and en any conhnvotion sheets.
I The rights and obbgehens of the por*3.. this contract shall be subject to end gov-This sword consummates the contract which consists of the following documentei (a) l eened by the following documeews. (s ) th.s oward/ contract, (b) the solicdohon, if any.
the Government's sohcitation and yow oRer, and (b) this oword/ contract, No e
(
sn4 lc) such provisions, repsesentations, certifications, and specifications, as are f urther contractual document is necessory.
stucked er incorporosed by roterence herein.
( Attathwents are listed herein.)
23 >'AME OF CONTRA R
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- 27. UNITED ATES OF AMERICAy:
f 1
A/
M 6Y A'
g(5,i,'nsu,, of Contropg dk. cert SY ~
/
(5.gno re of person outhoriad so sign)
- 24. NAME AND TITLE OF &lGNEg (7ppe er frant)
- 25. DATE $lGNED
- 28. NAME OF CONTRACNtb OFFICER (Type er 'prrnt)
- 29. DATE SIGNED D M m. B E MOtu Dora J. Hargett
/,[R 2[
No.mtac. E%MEBL U.S. GOVERNMENT PRINTING M FICC: 1976.iOO.984 26 106
Page 2 of 5 NRC 02-79-021 ARTICLE I - STATEMENT OF WORK
Background
As part of its application for a source material license, United Nuclear I
l Corporation'(UNC) has proposed disposing of dewatered mill tailings in mined out' ore pits.
UNC has proposed the construction of diversion ditches to divert rainfall runoff around the pits.
This will minimize the amount of water in the pits and therefore minimize the leaching of tailings.
i Work Required The contractor shall assess the adequacy of the diversion ditch design as proposed by the applicant.. The capacity of the diversion ditch;should be adequate to handle the 100 year flood as determined utilizing total runoff from the 100 year precipitation.. The 100 year precipitation shall be obtained from Technical Paper 40 of the National Weather Service, _ In addition, the contractor shall assess the adequacy of the natural drainage in' areas where no such diversion ditch is proposed.
The contractor shall review the initial information supplied by NRC and identify any additional information which shall be required. This additional in. formation shall be obtained from the applicant through NRC.
Monthly Letter Report See Special Requirements in Attachment 3 Final Report A draft final report will be prepared by the contractor which summarizes the review described in the Work Required.
This draft final report shall be l
submitted in five (5) copies to the C0AR sixty (60) days after start of the contract.
The C0AR will furnish any comments on the draft report to the contractor within two weeks after receipt of the draft.
Such comments are not intended to prejudice the contractor's technical judgements, but to assure that the draft adequately addresses the work and is clearly and concisely written.
Based on these comments, the contractor shall revise the draft and submit the final report in ten (10) copies to(1) the C0AR ((8 copies) (2) the Office of the Director, NMSS (ATTN: Program Support), and (3) Mrs.
Dora J. Hargett, Chief, Small Purchases Section, 15 days after receiving comments.
- C h
I Page 3 of 5 NRC 02-79-021 ARTICLE II - PERIOD OF PERFORMANCE The period of performance with respect to this contract shall commence on the date of execution of the contract and all work including submission of final report shall be submitted 75 days after date of I
execution.
ARTICLE III - CONSIDERATION In full consideration of the Contractor's performance hereunder, NRC 3
shall pay the Contractor the fixed amount of five thousand ($5,000) l c
dollars.
i ARTICLE IV OBLIGATION The amount presently obligated by NRC with respect to this contract is Five thousand ($5,000) dollars.
ARTICLE V - PAYMENT Payment shall be made in accordance with Clause 2 of the General Provisions entitled " Payment" as soon as practicable after completion and acceptance of all work, upon submission by the Contractor of voucher (s) in a form satisfactory to the Contracting Officer; provided, 4
however, that said payment (s) shall not be deemed to prejudice any rights which the Government may have by law or under other provisions of this contract.
ARTICLE VI - SPECIAL PROVISIONS _
VI.1 KEY PERSONNEL For the purpose of Clause 26 of the General Provisions Daryl B.
Simons is identified as being essential to the work performed hereunder.
VI.2 INSPECTION AND ACCEPTANCE Acceptance of the services and reports to be delivered herein will be made by the C0AR VI.3 - DISSEMINATION OF CONTRACT INFORMATION The Contractor shall not publish, permit to be published or distribute for public consumption anh information, oral or written concerning the results or conclusions made pursuant j
to the performance of this contract without the prior written l
consent of the Contracting Officer. (Two copies of any materialproposed to be published or distributed shall be submitted to the Contracting
)
Officer).
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Page 4 of 5 NRC 02-79-021 I
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l VI.4' ' C0'NTRACTING OFFICER'S A'OTHORIZED REPRESENTATIVE (C0AR)
Performance of the work hereunder shall be subject-to j
the technical instructions issued by the U.S. Nuclear Regulatory Commission.
The technical instructions shall be signed by the C0AR.
The C0AR is responsible for:
(1) monitoring the Contractor's technical progress, including the surveillance and assessment or perfonnance and recommending to the Contracting Officer changes in requirement; (2) interpreting the statement of work;
-(3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (S) assisting the Contractor.in the resolution of' technical problems encountered during performanco.
Within the purview of this authority, the C0AR. is authorized to approve payment younchers for supplies / services required under the contract.
The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.
For guidance from the'C0AR to the Contractor to be valid, it must:
(1) be consistent with the description of work set forth in th'is contract; (2) not constitute new assignment of work or_ change of the exprsssed, terms, conditions, or specifications incorporated l
into this contract; (3) not constitute a basis for an extension to the period i
of performance or contract delivery schedule; l
(4) not constitute a' basis for any increase in the contract price.
If the Contractor receives guidance from the C0AR which.the
.y Contractor-feels is not valid under the criteria cited above, j
the Contractor shall immediately notify the C0AR.
If the C0AR and the Contractor are not able to resolve the questions within five days, the Contractor shall notify the Contracting l
Officer.
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'l Page 5 of 5 NRC 02-79-021
~ ARTICLE VII - GENERAL-PROVISIONS
.This contract is' subject to the Fixed Price Research and Development:
Contracts under $10,000, dated. November.'14, 1977 which incorporated the FPR Changes and additions and NRC additions, attached hereto'and made a part hereof.
Clause 14 - Patent Rights " is deleted in its entirety.
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ATTACHMENT 3 Special Requirements Additional Special Contract Provisions Desired By NMSS Reporting Reauirements Monthly Letter Report Fach month, the contractor shall submit 3 copies of a brief letter report which summarizes:
(1) the work performed during the previous month; (2) personnel time expenditures during the previous month; and (3) costs:
(i) current period, (ii) cumulative to date, and (iii) cost p"ojection by month to completion of the work effort.
(Thefirstmonthlyreportshall provide the initial cost projection and subsequent reports shall either provide revised projections or indicate "no change in the cost projection.")
The reports shall be due by the 15th of each month with distribution as follows:
ContractdagOfficer'sAuthorizedRepresentative(1cy)
MRxxRRRaixxBmCkxd&i Contracting Officer (1 cy) port) (1 cy)
Of fice of the Director, NMSS (ATTN:
Program Suo Dora J. Hargett, Task Reoorts and Final Reports For task and final reports prepared under the provisions of this contract, the fomat shall be in accordance with the provisions as stated in NRC Manual Appendix 3202 for either " Formal Contractor Documents" or " Interim Contractor Documents" as appropriate.
Responsibilities of the Contracting Officers Authorized Reoresentative (COAR)
The authorized representative 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 evaluation 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 purview of this authority, the representative is authorized toapprovepaymentvouchersforsupplies/servicesrequiredunderthe contract.
The Contracting Officer is responsible for directing or negotiatdag any changes in terms, conditions, or amounts cited in the contract.
For guidance from the authorized representative to the Contractor to be l
j 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 l
l the expressed terms, conditions, or specifications incorporated into this contract; (3) not constitute a basis for an extension to the period l
. of perfomance or contract delivery schedule; (4) not constitute a basis '
for any increase in the contract price.
If the Contractor receives guidance from the COAR which the Contractor feels is not valid under the criteria cited above, the Contractor shall l
immediately notify the COAR.
If the 00AR and the Contractor are not able l
to resolve the question within 5 days, the Contractor shall notify the l
Contracting Officer.
1 Security (ThefollowingparagraphshallapplyforcontractswhichDONOTinvolve classifiedinformation.)
(a) It is mutually expected that the activities under this contract will not involve Restricted Data, or other classified infomation or material.
It is understood, however, that if in the opinion of either party this expectation changes prior to the expiration or termh ation of all activities under this project, said party s' hall notify the other party accordingly in writing without delay.
In any event, the contractor shall classify, safeguard, and otherwise act with respect to all Restricted Data and other classified information and material, in accordance with applicable law and requirements of the Commission, and shall promptly infom the Commission in writing if and when Restricted Data or other classi-fied information or material becomes involved.
If Restricted Data or other classified information becomes involved, or in the mutual judgement of the parties it appears likely that Restricted Data or other classified information or material may become involved, the contractor shall have the right to teminate perfomance of the work under this contract and in such event the provisions of this contract respecting temination for the convenience of the Government shall apply.
(b) The contractor shall not permit any individual to have access to Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements.
(c) The tem " Restricted Data" as used in this article means all data concerning the design, manufacture, or utilization of atomic weapons, the production of special nuclear material or the use of special nuclear material in the production of energy, but shall not include data declascified or removed from the Restricted Data category pursuant to Section 4 2 of the Atomic Energy Act of
- 1954, amended.
Security (The following paragraph shall apply for the contracts which DO involve classified infomation.)
Contractor's duty to saf'eguard Restricted Data, Fomerly Restricted a.
Data, and other classified information.
The contractor shall, in accordance with the Nuclear Regulatory Commission's security regulations
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and requirements, be responsible for safeguarding Restricted Data, Formerly Restricted Data, and other classified infomation and protecting against sabotage, espionage, loss and theft, the classified documents and material in the contractor's possession in connection with u.
m the performance of work under this agreement.
Except as otherwise
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expressly provided in this agreement, the contractor shall, upon completion
, or termination of the agreement, transmit to the Commission any classified matter in the possession of the' contractor or any person under the contractor's control in connection with perfomance of this agreement.
If retention by the contractor of any classified matter is required after the completion of termination of the agreement and such retention is approved by the Contracting Officer the contractor will complete a certificate of possession to be furnished to the Nuclear Regulatory Commission specifying the classified matter to be retained.
The certification shall identify the items and types or categories of matter retained, the c'onditions governing the retention is approved by the Contracting Officer, the security provisions of the agreement vrill continue to be applicable to the matter retained.
. b.
Regulations.
The contractor agrees to confom to all security regulations and requirements of the Commission.
c.
Definition of Restricted Data.
The term " Restricted Data," as used
-in this clause, means all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.
d.
Definition of Formerly Restricted Data.
The term "Fomerly Restricted Data," as used in this clause, means all data removed from the Restricted Data category under Section 142.d. of the Atomic Energy Act of 1954, as amended.
e.
Security clearance of personnel.
The contractor shall not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified l
information to which access is required.
f.
Criminal liability.
It is understood that disclosure of Restricted Data, Formerly Restricted Data, or other classified infomation relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard any Restricted Data, Formerly Restricted Data, or any other clas.ified matter that may come to the contractor or any person under the contractor's control in connection with work under the agreement, may subject the contractor, its agents, ru l
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~4-employees, or subcontractors to criminal liability under the laws of the United States.
(See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 974; and Executive Order 11652.)
g.
Subcontracts and purchase orders.
Except as otherwise authorized in writing by the Contracting Officer, the contractor shall insert provisions similar to the foregohg in all subcontracts and purchase orders under this agreement.
Classification (ThefollowingparagraphshallapplyforthosecontractswhichDOinvolve classified infomation)
" To the extent that the perfomance of work under this order involves classified information, the following clause is appli-cable.
In performance of the work under this contract, the Contractor shall assign interim classification levels to all documents, material, and equipment originated or generated by the Contractor in accordance with classification guidance fum nished to the Contractor by the NRC Contracting Office Repre-sentative.
Each subcontract and purchase order issued hereunder involving the generation of classified documents, material, or equipment, shall include a provision to the effect that in the performance of such subcontract or purchase order the subcontractor or supplier shall assign interim classification levels to all such documents, material and equipment h accordance with classification guidance furnished by the Contractor.
The Contractor shall in turn submit all documents, material and equipment generated under the Contract to the Office responsible for the contract (in this case M4SS for final classification determination.
It is the responsibility of the Office originating the contract to ensure that proper classi-fication is assigned by an Authorized Classifier.
Private Use of Contract Information and Data Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished to the contractor in the pen--
formance of this contract, shall be used only in connection with the work <under this contract.
Protection of Proprietary and Comoany Confidential Information (This paragraph shall apply when appropriate.)
If proprietary or company confidential data is provided to the contractor by the Commission in connection with this contract, the contractor agrees to safeguard such information and agrees not to l
release such information to any person not directly involved in the
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performance of work under this contract unless such release is authorized in writing by the Contracting Officer. Upon completion or termination of this contract, all copies of any such proprietary or company confidential data shall be returned to the Commission.
..c.
Work for Others Notwithstanding any other provision of the contract, during the term of the contract, the Contractor agrees to forgo entering into consulting, or other contractual arrangements with any firm or organization, the result of which may give rise to any actual or apparent conflict of interest with respect to the work being performed under the contract.
The Contractor shall insure that all employees designated as key personnel if any, under the contract abide by the provision of this clause.
If the 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 possible conflict of interest, the contractor shall obtain the written approval of the Contracting Officer prior to execution of such contractual arrangement.
Subcontracts The Contractor shall notify the Contracting Officer reasonably in advance of entering into any subcontract which exceeds 5 percent of the total estimated cost of this contract.
Disclaimer The following notice shall be added to any report prepared under the provisions of this contract.
"This report was prepared as an account of work sponsored by an agency of the United States Government.
Neither the United States Government nor any agency thereof, or any of their employees, makes any warranty, expressed or implied, or assumes any legal liability or responsibility for any third party's use, or the results of such use, of any information, apparatus, product or process disclosed in this report, or represents that its use by such third party would not infringe privately owned rights."
Dissem1 ration of Contract Information The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursusnt to the performance of this contract, without the prior written consent of the Contracting Officer.
(Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.)
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4 6-Security Recuirements Associated with Subcontracting Arrangements Prime Contractors who desire to have subcontractors perform work associated with contracts / agreements that involve classified material must obtain prior written approval from the NRC Division's of Contracts and Security before allowing subcontractors to have access to classified material.
Furthermore, the prime contractor shall be responsible for all facets of security administration during the life of the contract / agreement and shall be the only authorized conduit for this information.
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