ML20148H272

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Contract: Radiological Evaluation of Burial Grounds Awarded to Radiation Mgt Corp
ML20148H272
Person / Time
Issue date: 08/13/1980
From: Bronson F, Dougherty D
NRC OFFICE OF ADMINISTRATION (ADM), RADIATION MANAGEMENT CORP. (RMC)
To:
Shared Package
ML20148H262 List:
References
CON-FIN-B-6901, CON-FIN-B-6901-0, CON-NRC-02-80-034, CON-NRC-2-80-34 NUDOCS 8011170781
Download: ML20148H272 (19)
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Text

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Contract No. NRC-02-80-034 l,

.This Le'tert Contract Consists of:

.1. Cover Page.

=2. Contents of Letter Contract .

3. Schedule ARTICLE I Statement of Work ARTICLE II Period of Performance '

Limitation of Government Liability,e ARTICLE III ARTICLE IV Provisions Applicable' to Direct Costs '

ARTICLE V Responsibilitie,s of the Project Officer /',

' ARTICLE VI Key Personnel '

. ARTICLE VII Government Furnished Material

Execution, Commencement /of Work.

ARTICLE VIII -

. ARTICLE IX Definitization '

ARTICLE X Payments of Allowable Costs Prior to Definitization of Contract' ARTICLE XI. Technical Direction 1 ARTICLE XII- Termination l ARTICLE XIII Definitions .

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. ARTICLE XIV Conflict of Interest ARTICLE XV Utilization of Small Business Concerns & Small Business Concerns Owned & Controlled by Socially Economically Disadvantaged Individuals ARTICLE XVI Protection of Proprietary & Company Confidential Information

' ARTICLE XVII Private Use Protection or Unclassified, Government Information and Contract Information and Data ARTICLE XVIII Order of Precedence ,

ARTICLE XIX~ General Provisions and Modifications t

4. General Provisions for Cost Type Research and Development Contracts With Concerns Other Than Educational Institutions.
5. Billing Instructions for NRC Cost Type
6. Amendment I 5 l

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l J ARTICLE . I _, Statement' of Work

  1. 1 ;o. ; Ba ckeround'

'As part of an'overall program to evaluata the radiological conditions existing in areas where radioactive contaminants were disposed of -

by land burial the NRC will survey two currently licensed facilities where material was buried pursuant to 10 CFR Part 20 and two landfills

. which 'are known to contain radioactive. residues. .

The objective of this project is to clearly define the radiological  :

" conditions at the disposal sites.

2.0. Work Recuired .

t Tne contractor shall furnish the necessary qualified personnel, f facilities, materf al' and services' to perform radiological surveys '

as described below for the follcwing sites (listed in order of-

- priority)1  ;

1- West Lake Landfill, Saint Louis County, Missouri

i. 2- Reed-Kepler Park Landfill, West Chicago, Illinois 3- Nuclear Fuel Services Burial Ground, Erdin, Tennessee 4- Combustion Engineering, Inc., Burial Ground, Hematite, Missouri.

For each of the above listed sites the dentractor shall submit the following documents: - <

1. A brief report documenting the condition of the sita as ,

detarmined during the preliminary site visit. t

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A radiological survey plan for th'e site 3 A more lengthy complex report of a formal radiological survey. (

' An example of such a report is furnished as Exhibit A.

The work for each sita includes: 1) the preifminary site visit described in 2.l' below and preparation of the preliminary site '

visit report, 2) preparation of radiological survey plan and 3) ',

on-site radiological survey and preparation of. radiological survey '

report.

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2,11' Preliminary Site Visit >

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l Tha' contractor shall maka a. preliminary visit to each: sits withini m '

two weeks after contractual award.- The. purpose .of the visit is 7' .

.two-fold:. first, to review the known history of each site with the -

.licansae or local officials and to inspect the .pr9perty and make L exploratory radiation measurements in areas . identified as' housing licensed or.previously licensed materials; and second, to evaluate

'the results of:these discussions and measurements. ,

I, L2.2 Develocment of Radiolooical Survey plans _

. A radiological survey plan shall.be developed for each' site, and .

sub:sitted to NRC for approval. Ccmments or approval of the submittal .

will he given to the contractor within.two weeks. - Secause of the wide. variety of past operational activities:as' well as radioactive matarials present at each site, it may not be possible to' conduct-formal surveys in accordance with a uniforn survey pTan. Just as.

any assessment activity is highly site specific, such is the cas~e for radiation measurements and the collection of envirorcental >

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+ samples. . Within a month after the radiological survey plan is reviewed and' approved by the NRC Project Officer an appropriately staffed radiological. survey team shall. be mobilized .and moved to the site.

2.3 Conductine Fomal- Radioinoical Surveys .

The objective of conducting formal radiological surveys at the '

sites -is to characteri e the current radiological status of the l property. In order to accomplish this, the contractor shall provide :

a modern well-eq (on-sitef survey.uipoed headquartersmobile station. A laboratory to sarve detailed description of : as the establi the equipment required is found in Exhibit "A" to this RFP, "R.2diological Survey of the Pennsylvania Railroad Landfill Site, Burrell Tcwnship, Pennsylvania".

The followin'g. list ( ' activities is typical of those normally required in a forma) survey:

2.3.1 Garma-rav exegsure rates at 1 m above the cround outside buildino ,

- A grid pattern is posted on plan views of the entire site.

lieasuredents of gamma-ray exposure rate are made (1 m above the ground) at the intersection of each grid line.

These grid lines are normally spaced 10 to 50 feet apart -

and include points within property boundaries and points on surrounding property.

2.3.2 Beta-camma dose rates at the oround surface Detailed measurenants are made of the beta-gamma levels at 1 c:n above outside ground (natural, paved, or otherwise icovered) surfaces in accordance with the above grid pattarn. Open window and closed window G-M readings are -

made at each grid point. Results of these measurements are recorded in mrad /hr.

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  • L 2.3.3G Measurements of radienuclide concentrations in water-l Natar samples are taken' from ' surface callacticns both on and,off -

.the site. A addition, samples shallL be.taken fecm any flowing streams 1

.which border eachisite both upstream and dcwnstream as dictated by

. radiation measurements.. Groundwater which may be found in core holes c

will be sampled and included with the above samples and analyzed for ~ i

. appropriate radionuclides.

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2.3.4-' Investicatim of surface drainaceways .

- Because radioactive wastes and. residues may have been stored on the surface or in on-site holding ponds, all kncwn and suspected drainageways ,

= on each site and those leadihtj away from each site should receive careful

  • attention. Samples of scale 'are taken from all . accessible drain lines.'

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In sufface drainagaways lead'ing away' from the property, samples are collected'in order to determine both dcwnward and lataral movement of radioactivity. '

= 5f ace surface drainageways.. represent poi"nts of puMic access, sediment samples collected in these areas are analyzed for appropriate radionuclides. .

a-2.3.5 Investication of surface deoosits of radioactivity.

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. Samples .of soil are collected on the ground' surface both on and off the ' site in order to determine the location and quantities of n.rfac:

deposits of. radioactivity. Tnd location of these samples norm.11y curresponds "

to grid points where surface beta-gas::a measurements were made.

2.3.6 Investication of subsurface deoosits of radioactivitv Extensive monitoring and sampl,ing may be required in order to  ;

determine the magnitude of subsurface contamination. Areas of principal concern include sites.where solid and liquid radionuclides were stored .

or buried. It is sometimes necessary to invest.igate the site of de.clished buildings and also sites where residues and. wastes have been moved for either temporary or permanent storage. Drilling and coring operations- l

. in these areas may be needed to define quantities and boundarier of

. underground deposits of radionuclides. Core samples shall be collected '

for analysis and each core hole shall be " logged" using collimated cam a-ray detector to verify the spatial distribution of radioactivity belcw the surface.

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2.3.7 Radionuclide concentrations in air Residues.may exist which contain 225Ra, 22sRa, and 222Ra resultina ' . ,

-in the emanation from the residues of 222Rn.:220Rn, and 21SRn. Measurerints.

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  • 'shallL be made in ordar to establish instantaneous concantrations of these radon ' isotopes and their preseny.:
2.3.8 Vecetation' samoles -

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A liinited selection of vegetation samples of several species may'

need to be collected from areas representing the observed range of. j'

' surface radioactivity. Analyses of the radionuclida concentrations in .

. Vegetation. samples are determined after a determination has been made

  • of the' radionuclida concantraticns in host soil. ,

-2.3.9 Determin'ati.on of backaround canna radiation' levels, concentration _

or radionuciioes in soil and wacer, ano concentracions of racon_

in air -

l A series'of soil and water' samples shali/ be collected in the area ,

around each sita in ordar to astablish thel background concentrations of .

4 radionuclides of interest.. Gama radiation levels at 3 ft. above the ground are also measured at each sampling point. In areas where radium '

bearing' residues exist, a limitad nucber of measurements are made. to .

detarmftfe typical radon concentrations in areas far'enough removed from

. the site so as not to be influenced by radon amanating from the site. -

2. 4 Documentation of Radioloof cal Survey

.Taroughout the survey the contractor shalT maintcin accurate records'.1  ;

pertaining to such activities as: (1) instrumant calibration, (2) loca. tion of individual survey measurecants, (3) analytical procedures, (4) recording of data and results.of sample analyses, (5) computer calculations. ,

(6) assumptions made with regard to boundary conditiens in evaluating .

radiological data, and (7) preparation of theradiological survey repor*.

These records are needed in order te provida an element of-quality assurance to the survey and to serve as the foundation for any future audit which may be necessarf.

t 3.0 Reacrtina Recuirement 3.1 Monthly Letter Recort t

Each month, the contracto'r shall submit three copies of a brief  !

lectar report which sumarizes: (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 data, and (iii) cost ,

projection by month to ccmpletion of the work effort. (Tne' first monthly raport shall provide the initial ccst projection and subsequant reports t

'shall ei ther provide revised projections or indicata "no change in the' cost projection.") Tne reporcs shall be dC'a by the 15th of each month f

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with distributibn as follows:

Mr. WL TL Cr::w, Uranium Fuel Fabrication Section, Project <

Officer

NM55, (1 cy)

Office of the Director, NMSS (ATTN: . Program Support) (1 cy)

Mr.L Dannis' Dougherty, Contracting Officer (1 cy) - .

3.2 Technical Reoorts

1) : Preliminary site Visit Recorts Within two. weeks of the comoietion of a oreliminary site visit, t the contractor shall., submit a brief report describing the condition of

,the site. . Six copies of each pralf ainary site visit report will be -

. required with the following distribution:

' Project.0fficar NM55 (4 cys) . .

Program Support) ('1 cy)

Office of the Director, HMS5 (ATTN:

Mr. Dannis Daugherty, Contracting Officar (1 cy) .

2) Radiolocical Survey Plans Within-three weeks of completion or the preliminary site visit '

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report, the contractor shall sub'mit a radiological survey site.

following distribution:

Project Officar (4 cys)" Program Support) (1 cy)

Offica of the Director, NM55 (ATill:

Mr. Dennis Daugherty, Contracting Officar (1 cy)

The project Officarshall, within two weeks of receipt of the draft report, submit his com=ents on the report to the contractor.

Such coments are not intanded to prejudice the contractor's technical judgements, but are' made to assure that the report adequately addresses the work needed and is clearly and concisely writtan.

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Project Officar's comants, Within twc weeks after recaipt of therevised survey plan _w1.;b the contractor shall subait a distribution as follows:

Project Officar (8 cys)

Office of the Director, HMSS (ATTN: Program Support) (1 cy)

Mr. Dennis Dougherty, Contracting Officar (.1 cy) 1 O

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'3) Radiolacical Survey Recort l I

Within.two months af the completion or the on-site radiolaci:a1 l

su; .'ey, the. contractor shall. submit a radiological survey' repo!

se=ari ss; th( results ofLall survey activities performed undej radiological survey p7an.

' form with the:folicuing distribution: .

Froject Officar -(4 cys)

FrogramSupport)(Icy).

Offia of the Director, HMSS .(ATTN:

Mr. Dennis Ocugherty, Contracting Officer (1 cy)

- The . Project Officar shall, within one month 'of receipt of the' Such . .

draft report, submit his . comments on the report to the contractor.

but are made to assure that the. report adequata work done and results cbtained.

With'in thren weeks after receipt of the Project Officer's co= ants, the contractor-shall submit revised final survey -

report with the fd11owing distribution: .

  • l Project Officar (8 cys,- I camara ready cy) Program Support) (1 Office of the Of ractor, NMSS (ATiW:

Mr. Dennis Dougherty, Contracting Officar- (1 cy) 4.0 Meetines and Travel

. In addition to the requirsent for (on-site) survey headquart rs for radiological- survey activi, ties described in Part I, Section 2.3 above, the c=ntractor sha11'be required to visit each site for the preliminary site Each ,

evaluation and for the preparation of the radiological survey plan.

of these visits will be of approximataly three (3) days duration.

THE NRC PROJECT OFFICER SHAU_ BE RESPONSIBLE FOR COORDINATING A SARY SITE VISITS.

T~ne cont: actor shall also b's recuired to rake two (2) visits to NRC offices in Silver Spring, Maryland; or.e. to discuss radiological survey plans; and one, toidiscuss radiological survey reports. Neith3r of these visits is' expected to excaed one day in length.

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ARTICLE II. -s Period of Performance': ~

Th'e. period lof performance shall commence on the effective date- of this- .

contract 'and shall-' continue for 'a' period of two years thereafter at .

ithich time all; work shall have been completed and all' reports shall have '{

been ' delivered .to thesNRC as required by the Statement' of Work.

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g ARTICLE III - LIMITATION Or COVEren1ENT LIABILITY A.. Ceiling Price .

The ceiling. price to"the Government (under the .definitized contract resulting heref rom) . for all allowable costs and fee for performance of the work call for ,

in Article I shall not exceed , $ 321,878.00.

1.. The caximum liability to the Government for all allowable costs incurred  ;

i under this Letter Contract shall not exceed $160,939.00.

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2. The Contractor'shall be reimbursed for all allowable costs incurred and accepted by the Contracting Of ficer, not to exceed the monetary limitation of $160,939.00. .~
3. The maximum amount for which the Covernment will b'e liable.is this Letter contract is terminated is $160,939.00.

- 4. Nothing shall be paid under this Letter Contract to the Contractor for fee, "

except as provided in the Termination clau,se of this Letter Contract.

, PROVISIONS APPLICABLE TO DIRECT COSTS ARTICLE IV ,

Prior to Definitization of the Letter Contract, the Contractor will be reimbursed for all direct' costs, within the limitations stated below, which are claimed by the Contractor,- and accepted by the Contracting Officer:

A.. Items Unallowable Unless Otherwise Provided Notwithstanding Clause No. 4--ALLOWABLE COST AND FIXEP FEE and Clause No. 9-- '

SUBCONTRACTING of the General Provisions of this contract,- unless otherwise expressly provided elsewhere in this contract or in any amendment thereto, the costs of the following items or activities. shall be unallowable as direce costs: '

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l. Acquisition, by purchase s . lease, of any interest in real property;  ;

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2. Special rearrangement or alteration of facilities; 1
3. Purchase of lease of any item of general purpose of fice furniture or of fice equiprnent; ,

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B. Travel- Cos ts_ - G t
a. _ The cost of travel by privately-owned automobile shall be~ reimbursed:at
the mileage rate prescribed by the' Contractor's established, generally applicable travel, policy in lieu"of actual: costs; provided_, however, u

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that such reimb~ursement shall not exceed the otherwise allowable ,compara-tive cost of travel by_' common carrier, l

' b. : Reasonable actual costs of lodging and ' subsistence, .or. per diem in lieu

. of tactual costs, shall be allowable to the extent- that such actual costs or. per: diem amounts 'do' not exceed the amounts or perdiem rates prescribed by.~ the Contractor's established, generally applicable travel . policy. -

c Any revision to the Contractor's established, generally. applicable travel policy approved by the cognizant audit agency during the period of per-

? formance of this contract shall be ef fective, withour formal modification

' Lto this contract, upon delivery to the Contracting Officer of a copy of such revised policy together with evidence.of cognizant audit agency ap-proval thereof. fl

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.hsponsibilities of the Project Officer ARTICLE V

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The Project Officer is responsible for: (1) Monitoring the Contractor's technical progress, including- the surveillance and assessment of perforrance' ' '

' 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 t ,

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

l approve payment vouchers 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. .

I For guidance from the Project Of'icer f to the Contractor lto be valid, it '

must: .(1) be consistent with the description of work set forth~in this _ -l 1

, 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 or. contPact delivery schedule;W.T. (4) ~ not constitute a basis ' 3 Crow is designated as the l for'any increase in the contract price.

NRC Project Officer for this contract. .

'If the. Contractor receives guidance from the Project Officer which the ,

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. Contractor feels is not. valid under the criteria cited above, the Contractor - ;i shall immediately . notify the Project Officer. 'If the two are not able  :

to resolve the question within' 5 days, the Contractor shall notify the  :!

Contracting' Of ficer. -

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j 1**,1 ARTICLE ,vI -, Mey ,P,_ersonnel :

L# '  : Pursuant to ClauseiNo.E4n --(Key Personnel, theffollowihgLindividual(s)

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are: considered to be et. .itial to the work:being: performed: hereunder:; i

, FrSiierL.IBronson-

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Lewis F.L Karchner-p .

Leroy F. Booth 1 Roger E. Linnemann ,

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. LStephen M. Kim" David W. 'Groff > Charl es - ei MaGee .

~Duane:C. Richards3 41ohn B. - Davis - F F -

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. Government Furnishe'd Mhterial l 4 ARTICLE)VII xThe'.NRC will provide the~ contractor with copies fof existing records for .

.each site ~within two weeks of- contract award. :If the Government furnished

-property, suitable lfor its intended .use, is not'so delivered :to the

. contractor, the ' Contracting- 0fficerishall, upon timely written request

'made' by;the contractor, and11f the facts warrant. such action, equitably adjust.any 'affected. provision -of this contract pursuant' to the. procedures

- of the " Changes" clause'of the ' contract. . i.

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4 ARTICLE VIII - EXECUTION, C0tNENCEllENT OF WORK i

' ne Contracto'r s ' acceptance of.this order will be indicated by affixing its signature to two (2) copics thereof 'and. returning the executed copics to the Cont: acting.0fficer 1 no laterithan August 13,1980"Upon acceptance by both parties,!the Contractor shall

_ proceed with performance of the work desc'ribed herein, including procurement of , j

.necessary materials.

ARTICLE'IX -- DEFINITI7.ATION A.- .A Cost-Plus-Fixed-Fee type definitive' contract is con 'mplated. To accomplish .

this result, the Contractor " agrees to enter into negotiation promptly with .the

  • Contract.ing Officer over the terms or a definitive contract, which will include all. clauses required by the Federal Procurement' Regulations oi. ehe,date.of
execution of the letter. contract, all clauses required by law on~the date of execution of the definitive contract and such other clauses, terms, and condi- I tions as may belmutually agreeable.

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- B.. The schedule for definitization of this contract is set forth below:

. Negotiation'within 40 da'ys after Date of Letter Contract.

.Targ'et Date for Definitization 60 days after Date of Letter Contract.

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! C. , s ilff agreementI on a. definitive: contract to supersede-this letter contract is not sreached by,the target dateLset forth ini B above or any: extension thereoflby the-Contracting Of ficer, the Contracting Of ficer may with the approval of the Head 1 -

of the'Pr'ocuring Activity,~ determine a reasonable price or fee in accordance with

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'FPR Section III,JPart 8,.and Section XV, subject to. appeal by the Contractor as provided in the ." Disputes" clause of this contract, subject only to the ." Limitation : ;

of Government Liability" clause, Af ter the date of the Contracting Officer's  ;

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determinatio'n .of the fee, the contract shall be ' governed by:' -

.1, . . all clauses required by the. Federal Procurement' Regulations on the date of-execution of this -letter contract for a costs type contract as determined.

by the'. Contracting Officer 'under paragraph C; -

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2. all slauses requires by l'aw as of. the date of the Contracting Officer's l determination; and .
3. such other clauses, terms and conditions as nay.be mutually agreed upon. To- >

the~ extent consistent with the foregoing, all clauses, terms and conditions included in' this letter contract except which by their-nature are applicable

, 'only to a letter contract shall continue to be effective.

D. In no event shall" the total ~co'st of 'the defini.tized, contract exceed the. price ceilinj

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herein established of

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-- PAYMENTS OF ALLOWABLE COSTS PRIOR TO DEFINITIZATION OF CONTRACT -

ARIICLE X t

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A.- Pending the, placing of the definitive contract referred to herein, the Govern- I ment - shall, currently reimburse the Contractor for all allowable expenditures made hereunder at the following rates:

1. One hundred percent. (100%) of approved' costs representing progress payments to Subcontractors under fixed-price type subcontracts, provided, that pay-  !

ment by the'Covernment to the' Contractor- shall not exceed eighty-five l

percent (85%) of the costs incurred by such subcontractors.  :

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2. One.hundred percent (100%) of approved costs representing cost-reimbursement l

- type subcontract,. provided, .that payments by the Government shall' not exceed LI eighty-five percent (85%) of ^ the costs incurred by such subcontracts; and

~3. Eighty-five percent (85%)"of all other approved costs..  !

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For the purpose o'f determing' the amounts payable to the Contractor hereunder,

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allowable items of cost shall be determined by the Contracting officer in accord-

, ance with the statement of cost principles set forth in Part 2 of Section XV

. of the Federal Proc.urement Regulations. In no event shall the total reimbursement made under this paragraph exceed eighty-five percent (85%) of the maximum amount of ,

the 'covernment's liability otherwise set forth in this letter contract.

C. . Once each month'(or at more fcequent intervals,-'if approved by the Contracting Officer)s the Contractor may submit' to an authorized representative of the Contracting Of ficer, in such form and reasonable detail as such representative may require an invoice or public voucher supported by a statement of' cost in-curred by the Contractor in the performance of this contract and claimed to constitute allowable cost.

D. Promptly af ter receipt of each invoice or voucher and statemArnt of cost, the '

Covernment shall, except as otherwise provided in' this contract, subject' to the

, provisions of E below, make payment thereon as approved by the Contracting Offi'cer.

E. At any time or times prior to final payment under this contract,. the Contracting Officer may have the invoices or vouchers and statements of cost audited. -Each payinent theretofore made shall be subject to reduction for amounts included in '

the related invoice or. voucher whi'ch are' found by the . Contracting Of ficer, on the basis of such audit not to constit.ute allowable cost. Any payment may be re-

-duced for overpayrnents, or' increased for underpayments, on preceding invoices or vouchers.

ARTICLE XI - Technical Direction (a) The NRC Project Officer named..in, this contract is responsible for guiding the-technical aspects,6f the project and for

. general surveillance.of. the worli performed. The Project Officer is not authorized to make any commitments or any t changes which constitute work not within the general scope

  • of this contract, or constitute a basis for any increase in contract price or extensiory of the contract period of perfor- -

mance.

(b) Technical _ direction must be within the general scope of work stated in the contract. The Project Officer does not '

have the authority to and may not issue any technical direction which: .

i (1) Constitutes an assignment of additional work outside the general scope of the contract. -

(2) Constitutes a change as Rf.ined in the clause of the GeneraT Provisions, entitled " Changes." ,

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, -(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.

(4) Changes tosany of the expressed terms, conditions or specifications of'the contract. - .

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(c) ~ ALL TECHflICAL DIRECTIOiS SHALL BE ISSUED Iti WRITING SY THE' PROJECT OFFICER OR SHALL BE C0t;FIRIED SY HIM/HER It! WRITIfiG A copy l WIT. SIN . TEN (10) WORKING. DAYS AFTER VERSAL ISSUAt!CE.

of said written direction'shall be provided to the Contracting '

l Officer.

l (d)

In the event the Project Officer desires a change to,the , ,  ;

contract within one or more of the categories as derined in l (1) through (4) of paragraph B above, The. he/she must direct Contracting Officersuch l requests to the Contracting Officer.

will handle the request in.accordance with appi,icable laws and I regul atitens. -

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(e) Any unauthorized co.mim.ent or direction issued by the Profect

- Officer may result in an unneccary delay in the contractor's performance and may even result in 2= contractor expending its ' ,

own funds for unallcwable costs under the contract.

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ARTICLE XII In addition to the consideration specified in Clause 11 of the General Provisions, this Letter Contract shall be terminated by the Covernment and the termination settled in accordance with' that TERMINATION Clause if:

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a. The Contracting Of ficer determines that the parties are unable to agree upon a, definitive contract, or
b. This Letter Contract is not superseded by a definitive contract within

> ninety (90) days af ter acceptance of the Letter Contract, unless an extension of time is granted by the Contracting Officer.

4 DEFINITIONS _

MIC'd As used throughout this contract, the following terms shall have the meanings set for_h below:

n. The term " head of the agency, .or Secretary" as used herein means the Secretary, the Under Secretary, and Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term "his duly authorized representative" means any person or persons or board (other than' the Contracting Of ficer) authorized to act for the head of the

. Agency or the Secretary.

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E b.1 ' The term " Contracting Officer" ~means the. person executing this; contract on behalf.

ofi the Government, and' any .other of ficer or civilian employee .who is. a properly  !

designated ' Contiracting Of ficer; ' and ' the' term includes, .except as otherwise pro--

vided ~ inL this' contract,' the authorized representative of a Contracting Officer acting within the limits of ,his authority. i 1

',>c.; ;Except as otherwise provided~in this contract, the term "dubcontracts" includes

purchase orders under this contract.

The term " Commission" means the United States Nuclear Regulatory Commission.or d.

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': Jany duly authorized. representative thereof including the Contracting' Officer except- for the purpose of deciding an appeal under the article entitled " Disputes". l

ARTICtE XIV'- CONFLICT OF INTEREST '
S ensuring (a) 'that Purpose.' The primary the contractor: (purpose
1) Is not placed inofa 'this clause conflicting roleis to aid in 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 virtue.of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to perfonnance or participation by the contractor as' defined in 41 CFR I 20-1.5402(f) in the actitities covered by this clause. ~

.(c) L'ork, for others. - Notwithstanding any other provision of this contract, during the terp 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 ensure 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 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 organizat ona i l conflicts of ,

1 interest, as defi~ned in 41 CFR 520-1.5402(a).

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.- l (2) 'The contractor agrees that if after , award it ' discovers organizational l

. conflicts of interest with respect to this contract, it shall make an innediate and full disclosure in writing to the contracting officer.

Tnis statement shall-include a~ description of the action which the contractor has taken'or proposes to take to avoid or mitigate such 1

- conflicts. The NRC may,-however, tenninate the contract for convenience , 1

-if it deems such termination to be in the best interests of the government.

(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, reports, studies, financial plans, internal data protected by the privacy Act of 1974 (Pub. L._93-579), or data which has not been released to the public, the contractor agrees not to: (1) Use such informa tion for any celeased to the public; (private purpose until for thethe information hasbased been -

ii) compete for work Co:rmission on such information for a period of six (6) months after either the corpletion of this contract or the release of such information 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 l 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 HRC.

(2) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the' Privacy Act of 1974 (Pub. L.93-579), or other confidential'or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the,,information.- . .

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(3) The contractor shall have, subject to patent and security provisions of this can' tract, the right to use technical data it produces under this contract for priva te purposes provided that all requirements of this contract have been met. - - -

(f) Subcontracts. E'xcept as' provNed in 411FR 5 2b-1.5402(h), the contractor. shall include this clause, including this paragraph, in

  • subcontracts of any tier. . The terms " contract," " contractor," and . .

" contracting officer," shall be appropriately modified to preserve the  ;

.Sovernment's rights. . -

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(g) Remedies. For breach of any of the above proscriptions or for - .

intentional nondisclosure or misrepresentation of any relevant interest i 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 remedies as may be permitted by 1cu or this contract.

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~ ' ( .*;) Waiver. A reduest for waiver under this clause shall be '

directed in writing throu

Director ~ for Operations (gh the contracting officer to the Executive in i20-1.5411.

5 20-1.5405-2 Special contract provisions.

ARTICLE XV - UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCERNS

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OWNEO AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAhED INdlVIDUALS (a) It is the' policy 'of the Unit'ed States that small business concerns and small business concerns owned and controlled by socially and economically dis-advantaged individuals shall have the maximum practicable opportunities to participate in the performance of contracts let by any federal agency.

(b) The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance-of'this contract. The contractor further agrees to cooperate in any studies or surveys that may be conducted by the Small Business Administration or the '

contracting agency which may be necessary to determine the extent of the cont" actor's compliance with this clause.

~(c) (1) The term "small business concern" shall mean a small business as defined pursuant to Section 3 of the Small Business Act and in relevant regulations promulgated pursuant thereto.

(2) The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern - .

(i) which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or in the case of any publicly towned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged 'individua'Is; and (ii) whose management and daily business operations are controll.ed by one or more of such individuals.

The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, '

and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act.

(d) Contractors acting in good faith may rely on written represatations by their subcontractors as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.

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ARTICLEXVI; i'Protsetion of Proo' ietary r aNd ComoanyIConfidentia1Jnformation-T

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.If proprietary or company confidential? data 11s provided to- the

.g contractor.by the Government in connection with this contract, the

.. contractor agrees.to safeguard;such information .and.' agrees not to i release such information to any person. noti-directly. involvedlin thei performance of work under this contract unless such : release -is .

authorized in writing.by the Contracting' Officer. . Upon completion ,

erf termination -of this contract,' all copies;of any such proprietary F

or company confidantial data shall:be returned to the Commission.. ,

3 Private Us'e Protection or Unclassified Government'Information APTICLEXVII and Contract Information and Data (a) Except as'specifically authorized by this c'ontract, or as othenviseiapproved by the Contracting;0fficer, records, data, l information, documents and material; developed or acquired by q or furni'shed to the contractor in the performance of this contract shall be used only in connection with the work' performed under this contract. The contractor shall, upon completion or termination of this co'ntract, transmit to the Commission all records ~or other information,: documents and material, and any copies thereof,c furnished by the Commission to the contractor in the performance of- this contract.

'(b), ' The contractor shall be responsible for safeguarding from unauthorized disclosure any information or other documents and material exempt from public disclosure by the Commission's regulations,,and made available to the contractor in connection with the performance of the work under this contract.- The  :

contractor agrees to confonn to all regulations, requirements,  !

and direction of the: Comission with respect to such material.

(c) The contractor's duties under this clause shall not be construed

. to limit or affect.in any way the contractor's obligation to

' conform to all security regulations and requirements of the  :

Commission pertaining to classified information and material. l l

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(ii) YContractors acting in good faith may rely on uritten representations by their subcontractors as either a small business concern or a'small business concern owned and controTled by ~ socially and bconomically disadvantaged indiyiduals.

ARTICLEXVIII-Order of Precedence .

In the event.of an inconsistency between the terms'and' conditions of the

' contract, tha inconsistency shall be resolved by giving precedence in the followingl order: .

1. The Schedule: _( No'te: - Nothing contained in the Contractor's proposal, whether or not incorporated by reference, shall constitute a waiver of any terms'or. conditions provided in-the Schedule.)-
2. The General Provisions
3. Other terms and conditions of the contract, whether incorporated by reference or otherwise.

ARTICLE IX - General Provisions and Modifications The following General'. Provisions consist.of Attachmen't A, General Provisions for Cost Type Research and Development Contracts with Concerns Other Than Educational Institutions, dated February 15,1078 as modified below:

1. Clause 23 entitled, " Nuclear Hazards Indemnity Product Liability is deleted in its entirety.
2. Clause 54 entitled, " Drawings, Designs, Specifications" lines 11 and 12 are modified by deleting the words beginning with " Subject to the..." and ending with "...its own uses," in their entirety.

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