ML20210U467

Contract AT(49-24)-0384 for Environ Surveillance for Measuring Concentrations of Radioactivity & Radiation Levels,Awarded to Commonwealth of Pennsylvania

ML20210U467
Person / Time
Issue date:	09/23/1976
From:	Dougherty D NRC OFFICE OF ADMINISTRATION (ADM), PENNSYLVANIA, COMMONWEALTH OF
To:
Shared Package
ML20210U384	List: ML20210U379 ML20210U460 ML20210U467 ML20210U480 ML20210U497 ML20210V164 ML20210V172 ML20210V188 ML20210V199 ML20210V327 ML20210V342
References
CON-AT(49-24)-0384, CON-AT(49-24)-384, CON-FIN-B-5111, FOIA-97-305 AT(49-24)-0384, AT(49-24)-384, NUDOCS 9709190185
Download: ML20210U467 (39)

Text

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Contract No. Negotiation Pursuant to Type of Contract AT(49-24)-0384 41 U.S.C. 252(c)(2) Fixed Price Issuing Office Contract For Environmental Surveillance for measuring U. S. Nuclear Regulatory Commission concentrations of radioactivity and radiation Division of Contracts levels in the environment of Commission l

Washington, D. C. 20555 licensed activities located within the state and selected hv rha enmmiec4^=

Contractor Accounting and Appropriation Date Commonwealth of Pennsylvania FIN - B5111 B&R 19-01

. Place of Perfornance Contract Amount

, Amount obligated - $4,125.00 i

Pennsylvania See Article IV l Mail Vouchers to: Sponsor U. S. Nuclear Regulatory Commission Nuclear Regulatory Commicsion Office of the Controller Office of Inspection & Enforcement Washington, D. C. 20555 (4 copies) Effective Date Expiration Date 9-30-76 12-30-76 IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below:

United States of America BY Signature of Authorized Individual Signature of Authorized Individual D. J. Dougherty (Typed Name) (Typed Name)

TITLE TITLE Chief,' Technical Assistance Contracts Branch, NRC DATE 9709190185 970917 PDR FOIA '

REEVES97-305 PDR

. "[709/7[/[

AT(49-24)-0384 CONTENTS OF CONTRACT

-This Letter Contract Consists of:

1. Cover Page

2. Contents of Letter Contract SCHEDULE

. Special Provisions ARTICLE I DEFINITIONS ARTICLE II SCOPE OF WORK ARTICLE III PERIOD OF PERFORMANCE ARTICLE IV LIMITATION OF GOVERNMENT LIABILITY, OBLIGATIONS AND PAYMENT ARTICLE V EXECUTION, COMMENCEMENT OF WORK ARTICLE VI DEFINITIZATION ARTICLE VII TERMINATION ARTICLE VIII DIVISION OF RESPONSIBILITY ARTICLE IX NONDISCRIMINATION ARTICLE X ORDER OF PRECEDENCE ARTICLE XI PARTICIPATION OF OTHER GOVERNMENT AGENCIES ARTICLE XII AVAILABILITY OF DATA ARTICLE XIII GENERAL PROVISIONS / ALTERATIONS Genera Provisions (July 72 1976)

Representations and Certifications

. ARTICLE I- 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 contract 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 contract.

ARTICLE II- SCOPE OF WORK The STATE and the Commission shall engage in a cooperative program for measuring concentrations of radioactivity and radiation levels in the environnent of Conmission licensed activities located within the STATE and selected by the Commission. The principal objectives of the program are to 1) provide reasonable assurance that environmental measurements made by the licensee under Commission requirements are valid and 2) achieve and maintain traceability to the National Bureau of Standards of the radio-activity measurements made by the licensee, the STATE and the Commission laboratory involved in this contrset.

The full scope of this contract is set forth in Appendix A, attached to and, by reference made part of this contract.

ARTICLE III- PERIOD OF PERFORMANCE _

(a) The period of performance hereunder shall commence upon the date of execution here if and shall continue for a period of three (3) years unless sooner tort inated or extended, as hereinaf ter provided.

(b) The STATE and the Commission, by mutual agreement, may extend the period of performance through the execution of supplemental agreements to this contract.

\

Negotiation Pursuant to Type of Contract _

Contract No.

AT(49-24)-0384 41 U.S.C. 252(c)(2) Fixed Price Issuing Office Contract For Environmental Surveillance for measuring ,

U. S. Nuclear Regulatory Commission concentrations of radioactivity and radiation l Division of Contracts levels in the environment of Commission Washington, D. C. 20555 licensed activities located within the state and selected hv tha cm,miccina Accounting and Appropriation Date Contractor _

FIN - B5111 Commonwealth of Pennsylvania B&R 19-01 Contract Amount _

Place of Performance Amount obligated - $4,125.00 Pennsylvania See Article IV Sponsor Mail Vouchers to:

Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission office f Inspection & Enforcement Office of the Controller Washington, D. C. 20555 Expiration Date Effective Date (4 copies) 9-30-76 12-30-76 IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below:

United States of America BY 5Tgnature of Auth6.1 zed Individual Signature of Authorized Individual D. J. Dougherty (Typed Name)

(Typed Name)

TITLE Chief, Technical Assistance TITLE Contracts Branch, NRC DATE

ARTICLE IV- LIMITATION OF GOVERNMENT LIABILITY, i

'0BLIGATIONS AND PAYMENT _

The support ceiling to the Government l d forunder in a definitized (a) contract resulting here from for perfonnance of works cal e stip-l Article I and Attachment A thereto shall not exceed the amou ulated as follows-(1) The Comission will 4provide funds to the State in the) sites that w following amounts for ( ( p ,,, nq g. Arnm4,- Pnm environmental surveillance: n ro. utlo v o t mua Station u Beaver Enhcock Vn11ev A Power Reneinn_

ut1cnv en nony v , . ,. 3 m o ,.

._)

Nuclear Station.

• Naterial Division per site, per year FY 1976 - $ 5,000.00 per site, per year FY 1977 - $ 5,500.00 Per site, per year FY 1978 - $ 6,000.00 per site, per year FY 1979 - $ 6,600.00 The maximum liability to the Government for costs incurred (b) under this Letter Contract shall not exceed $ 4,125.00 definitized (c) within ninety (90) days after the date o Contract.

sideration (d) of the STATE's ,

performance of the wor FIN 35111

$ 4,125.00, chargeable to B&R Nc. 30-19-01 liable (e) The maximum amount for wFich the Government will be if this Letter Contract is terminated is $4,125.00 (f) Payment to the Stace for services rendered hereunder for the period of this Letter Contract shall be in one (1) installment to be paid at the end of this Letter Contract upon submission by the State of a properly executed invoice to the Contracting Officer, s

ARTICLE V- EXECUTION, COMMENCEMENT OF WORK The Contractor's acceptance of this contract will be indicated by affixing its signature to three (3) copies thereof and returning the, executed copies to the Contracting Officer no later than September 27, 1976. Upon acceptance by both parties, the Contractor shall proceed with I 'ormance of the work described herein.

ARTICLE VI- DEFINITIZATION (a) A fixed price cost sharing type definitive contract is contemplated.

To accomplish thi cesult, the Contract ,r agrees to enter into nege'4ation promptly with the Contracting Officer over the terms of a definitive agreement pursuant to Section 274(1) of the Atomic Energy Act of 1954, as amended, which will include all clauses required by the Federal Procure-ment Regulations on the date of execution of the Letter Contract, all clauses required by law on the date of execution of the definitive con-tract and such other clauses, terms, and conditions as may be mutually agreeable.

(b) The schedule for definitization of this contract is set forth below:

Contractor's proposal received at NRC by October 30, 1976 Negotiation

- 30 days after receipt of proposal (Nov. 30,1976) Target Date for Definitization - 90 days after date of Letter Contract (December 30,

> 1976).

(c) If agreement-on a definitive contract to supersede this Letter Contract is not reached by the target date set forth in b above or any extension thereof by the Contracting Officer, the Contracting Officer may with the approval of the Head of the Procuring Activity, determine a reasonable prict or fee in accordance with FPR Section III, Part 8, and Section XV, subject to appeal by the Contractor as provided in the " Dis-putes" clause of this contract, subject only to the " Limitation of Government Liability" article. After the date of the Contracting Officer's determination 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 fixed price cost sharing type contract as determined by the Contracting Officer under paragraph C;

2. All clauses required by law as of the date of the Contracting Officer's determination; and

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3. Such other clauses, terms and conditions as may be mutually agreed i 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 con-tinue to be effective. ,

ARTICLE VII- TERMINATION In addition to the consideration specified in Clause 31 of the General Prov.isions, this Letter Contract shall be terminated by the Governnent and the termination settled in accordance with that TERMINATION Clause if:

(a) The Contracting Officer determines that the parties are unable to agree upon a definitive contract, or l (b) This Letter Contract is not superseded by a definitive contract within ninety (90) days after acceptance of the Letter Contract, unless an extension of time is granted by the Contracting Officer.

ARTICLE VIII- DIVISION OF RESP 0NSIBILITY In the perfornance of work under this contract, the division of responsibility shall be as follows:

(a) At the request of the Commission, STATE personnel will conduct offsite activities which shall consist of collecting samples, analyzing samples and measuring radiation levels, as specified in Appendix A.

(b) The Commission will participate with the STATE in developing schedules, sample end data collection procedures, analytical methods and other aspects of .ne program. Ti.. part.es may split samples for sepai ate analyses.

(c) The state will prepare and submit to the Commission reports in a format and time sequence as specified in Appendix A.

ARTICLE IX- NONDISCRIMINATION The Contractor 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.

. ARTICLE X- ORDER OF PRECEDENCE In the event of an inconsistency between the terms and conditions of this contract, the inconsistency shall be resolved giving precedence (

in the following order:

1. The SCHEDULE: (Note - 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 l

3. Other terms and conditions of the contract, whether incorporated by

. reference or v6nerwise.

ARTICLE XI- PARTICIPATION BY OTHER GOVERPMENT 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 undertaken under this contract.

ARTICLE XII- AVAILABILITY OF DATA Any and all data collected, pursuant to this contract by either party alone or jointly shall be available, in full, to the other party. To assure validity and accuracy of data released for publication, each party shall have thirty days from receipt of data under the program to review such data for the purpose of verification as appropriate prior to release to the public, unless othenvise required by law or both narties agree to release.

ARTICLE XIII- GENERAL PROVISIONS / ALTERATIONS (a) This contract is subject to the Provisions of Standard Fonn 32, General Provisions, Fixed Price Supply Contract, dated July 22, 1976 which is attached hereto and by this reference made a part hereof.

(b) In addition to those provisions set forth in the General Provisions hereto are by their terms self-deleting, the following deletions and/or modifications to such General Provisions are as follows:

I

1. Delete Clause No. 27 entitled " Listing of Employment Openings" in its entirety and substitute in lieu thereof the clause entitled,

" Disabled Veterans and Veterans of the Vietnam Era."

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ATTACHMENT A. Statement of Work RADIATION MONITORING PROGRMI REQUIREMENTS I. PURPOSE The purpose of the contract is to establish a collaborative program between the State of Pennsylvania (hereafter called the STATE) and the

• Commission to provide independent measurements of radioactivity in the environment around selected Commission licensed-activities and to provide reasonable assurance that a licensee's environmental

-measurements are valid and that radioactivity measurements are traceabic to the National Bureau of Standards. .

II. GENERAL REQUIREMENTS The Commission and tbc STATE will collaborate in implerenting and con-ducting-proevars at individual mites within the STATE in accordance

• vith the following general requirements: .

A. The STATE within a reasonable time after the effective date of this contract will take action to provide facilitics, qualified personnel and/or agencies as may be necessary to accomplish the work described in this contract. The STATE thereafter will main-tain for the period of this contract, a sufficient level of effort to fulfill the objectives of the contract.

B. Initially, programs vill be undertaken only at the sites of the Peach Bottom Atomic Power Station,'Beav'r e Valley Power Station, Three Mile Island Nuclear Station, and Bab' cock and Wilcox Company, Nuclear hterial Division.

Other sites may be added to the program, or established programs may be modified or abandoned pursuant to Articic II of the contract, with due regard being given to the obligation of Article IV.

C. Attachment 1, 2, and 3 show the overall sampling and analyses requirements for facilities. Attachment 2 gives the minimum detectable capa-bilities for the saeples analyzed. No ensite sarples will be coller'ed pursuant to the contract unicss specifically requested or approved by the Commission.

II

I. PROCEDURE

S FOR IMPLEMENTING AND CONDUCTING Ti1E PROGRMIS A. The Commission's Office of Inspection and Enforcement (IE) vill provide liaison, as necessary, between the STATE, and the licensec, in'all matters relating to the programs conducted pursuant to the

-contract.

b. The STATE will nake all necessary contacts and.arrangenents for collecting sarples-in the offsite environment, e.g., obtaining access to private property, assistance of STATE or local agencies, I arranging with private firms for services, etc.

• c. Attachment 4 delinectes the required program for Babcock and Wilcox Co.

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. . 'C, The Commission may participate at any time in the activitics under these contracts, will assist the STATE injselecting sampling '

locations, arrance for laboratory support, as necessary, r.plit samples periodically, and consult with the STATE on matters of mutual concern.

D. The STATC will notify the Commission, IE, by telephone or telegraph as soon as practicabic ofter it becones aware of any observed unusual conditian, level of radiation, or concentration of radioactive material measured in carrying out the programs at individual sites.

E. The Commission, IU, will make the necessary inspectionn, investiga-tions and inquiries to ascertain the status of compliance by the licensecs with license provisions, rules, orders and regulations of the Commission and to determine the safety of licensee operations, and will initiate enforcement or other regulatory action as appropriate.

IV. REPORT 1tlG_

A. The STATE will provide the Commission with a report of all offsite analyscs with comparisons of similar analyses by the respective licensee within 120 days after January 1 of each year. The r iport shall follow the fernat of Attachment 3. In the event that some results are not availabic within the 120 day period, the report shall be submitted noting and cxplaining the reasons for the missing results. The missing data shall be submitted as soon as possible in a supplementary report.

B. If a confirmed measured 1cvel of radioactivity in any environmental sample required under this contract exceeds ten times the STATE'S or licensce's control station value, written notification shall be made to the Commission, LE within ten days after confirmation.*

C. The Commission will arrange for the timely distribution of the reports within Commission and to the licensee, and any other Federal, State or local agencies as may he necessary in meeting the intent of the "tlational Environnental Policy Act of 1969" (Public Law 91-190, s, dated Januarv L, 1070) for keeping affected

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83 Stat.

agencies informed.

D. The Commission will work with the STATE in making the program findings publicly availabic threunh special holletins and press releases ;md publicatten in appropriate technical journals or periodicals or otherwine to assure prompt and wide distribution of the .

data at minimum cost.

• A confirmatory reanalysis of the original, a duplicate or new sampic may be desirabic, as appropriate. The results of the confirmatory analysis shall be completed at the earliest tine consistent with the analysis, but in any case within 30 days. If t.hc high value is real, written notifica-tion to the Commission shall be made.

. 1 E. The S*1Mt will provide to the Commission a cost report on a semi-annual basis. This report will cover funds expended during the precceding r,ix (6) months and will alno cover to total expenditure of funds under this contract. This report shall be submitted to the Office of Inspection and Enforccma*nt.

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ATTACit!ENT 1_

t IJUCLEAR PO!IER REACTO2 RADIOLOGICAL TypeMONITORINC and Frequency PROGRA

Sampling and of Analysis i

Exposure Pathway- .

Number of S oples

• Collection I equency and/or Sample and Locat2on i Gross beta t dioactivity AIRBORNE: One rample per month with following filter change, Particulates l' sample from location of high sample collection one week calculated ground level concen- composite for gamma or as required by dust isotopic analysis and Sr tration and in c ase prox- loading whichever is more imity of. licensee sampler. 89, 90 quarterly.

frequent.

I sample f rom control location. for Analyze One sample per quarter. I-131.

Radiciodine Same as particulates.

Gamma dose quarterly.

Quarterly.

2 or more dosimeters placed at DIRECI: 4 aites where 11uensee has placed '

dosimeters plus L control .

station. .

Gamma isotopic analysis, (IATERE0RNE: Composite sample quarterly. tricium and Sr 89, 90 Surface i sample, split with licensee, from innediate area of discharge, or if quarterly.

salt water disch arge, sample split semiannually wit h licensee, of sediment indicator organtsn. from discharge point.

Gamma isotopic Sr 89, 90 II;GESTION: the Quarterly. and radioiodine analyses.

Milk 1 sample, split with licensee, at of fsite dairy farm or ' individual milk animal at the location having highest X/Q.

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from 1 sample, split uith licensee, an milking animals, wh-re doses be greater to

• of Camma isotopic

' 1.ndividual are calculated to than 1 mrem per year. season. edible portions.

Semiannually or in Fish or f sample, split with licensee, of al Invertebrates commercially or recreational yvicinity of .

important species in .

on edi.

discharge point. Camma isotopicRadiotodine ,

p rei n. on green leary f At time of harvest. analysis vegetable.

Fruits or 2 samples split with licensee, o near Vegetabics principal food products grown /Q or Ed by point having the highest astes have etables Xf r'on any area which is irrigat e water in which liquid plant wbeen discharged oj; green leafy veg in the ~.

at a private garden or farm immediate area of the plant.

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ATTACIttEr:T 2 SA;fPLE ANALYSES NIRO OIE!.'TAL DETECTIO:I CAPABILITIES FOR CI __

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LO!!ER LI:!IT OF DETECTIO:3 Vegetation

, Fish, Meat M11k . (pCi/kg, vet) or Poultry (pCi/1)

Airborne Particulate (pCi/kg, vet) or Cas Mater (pci/m )- f

/ (pC i / L)

An.nlvsis 0.01 2

gross beta 330 130 il 200

, 15 54 g,

. j 30 130 '

59 Fe 15 260 10 58,60g ,

l 30 40 i '2 ..

65 Zn 10 5 x 10- 8  ;

89 Sr 1 x 10 30 o,4 .

90 Sr f, 95 _,

10

-2 15 80 0.4 7 x 10 130 131 7

~ 15 15 1 x 10 134Cs Cs Icvel. The LLD for 15 the 95% confidence d encountered in 140 3 ,_L, 8 01, 02, 03 at number of radionucli esbjectives for instrume ding to the pe'riod.

ASL 300 (rev 8/74) pp D minimum criteria for oend of the total samplin spectrometry will vary accor used as J'

a The nominal analyzed radionuclides LLD is defined in HThe LLD detection by gammaThese, is calculatedlevels to the should be environmental sampics. edure selection.

tation and analytical proc '

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ATTACHMEhT 4.

SAMPLING PROGRAM AROUND BABCOCK & WILCOX Exposure Pathway or Sample Number of Samples and Location Sampling and Collection Frequency-AIRBORNE:

Particulates 1 Sample from location in pre- One Sample per month with sample

, dominant wind direction. collection one week 1 Sample from control location.

SOIL:

2 Samples from locations in Annually predominant wind directions.

INGESTION:

Food Crops 2 Samples of food crops grown Annually locally.

WATERBORNE:

Surface -

1 Sample downstream and in close Quarterly proximity to discharge 1 Sample upstream and out of the Quarterly influence of the facility

, Sediment 2 Samples in close proximity to Annually discharge.

Clause Ib. 27 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (Applicable pursuant to 41 CTR 60-250 if this contract involves an obligation of

$10,000.00 or more)

(a) The Contractor will not discriminate against any employee or applicant for employment b'ecause he or she is a disabled veteran or veteran of the Vietnam era in rege.rd to any position for which the employee or applicant for employment is qualified.

The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era with-out discrimination based upon their disability or veterans status in all employment practices such as the following: employment upgrading, demotion or transfer, recruit-ment, advertising, layof f or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

(b) The Contractor agrees that all suitable employment openings of the Contractor

• which exist at the time of the executica of this contract and those vnten occur during the performance of this contract, including those not generated by this contract and including'those occurring at an establishment of tie Contractor other than the one where-in the contract is being performed but excluding those of independently operated cor-porate af filiates, shall be listed at an appropriate local office of the State employ-ment service system wherein the opening occurs. The Contractor ft:ther agrees to pro-vide such reports to such local office regarding employment openings and hires as may be required.

State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in para-graphs (d) and (e).

(c) Listing of cuployment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans.

The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intendad to elieve the Contractor from any requirements in "tecutive orders or regulations regarding nondiscrimination in employment.

(d) The reports required by paragraph (b) of this clause shall Anelude, but not be limited to, periodic reports which shall'be filed at least quarterly with the appro-priate local office or, where the Contractor has more than one hiring location in a State, with the central of fice of that Star.e employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reportin:

period, (2) the namber of nondisabled veterans of the Vietnam era hired. (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job train-ing under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiraticn of one year af ter final payment under the contract during which time these reports and related documentation shall be 1

made available, upon request, for examination by any authorized representatives of the Contracting Officer or of the Secretary of 1. abor. Documentation would include personnel records respecting job openings, recruitment, and placement.

(e) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is_ contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts.

The Contractor may advise the State system when it is no longer bound by this contract clause.

(f) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

(g) The provisiot. .,f paragraphs (b), (.), (d) and (e) of this clat . do not apply to openings which the Contractor proposes to fill from within his own organization

'or to fill pursuant to a customary and traditional employer-union hiring arrangement.

This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.

(h) As used in this cinuse: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: production and non-production; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and executive; administrative, and professional openings that are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, j temporary employment of more than 3 days' duration, and part-time employment. It does not include openings which the Contractor proposes to fill from within his own organi-zation or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Governm nt.

(2) " Appropriate office of the State emplopnent service system" means the local office of the Federal / State national system of public employment offices with ascigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.

(3) " Openings which the Contractor proposes to fill from within his own organiza-tion" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established " recall" lists.

(4) " Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union-hiring arrangement" means employment openings which the Contractor proposes to fi?.1 from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees.

3 (1) The Contra Por agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

(j) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the  !

Act. '

l (k) The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices it a form to be prescribed by the Director, provided by or through the Contracting Officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees.

(1) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the Contractor is bound by terms of the Vietnam Era Veteran's Readjustment

' Assistance Act and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era.

(m) The Contractor vill include the provisions of this clause in every sub-contract or purchase order of $10,000 or more unless exempted by rules, regulations,

', or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.

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JUL 2 2 076 GENERAL PROVISIONS FlXED PRICE SUPPLY CONTRACT TABLE OF CONTENTS P

Standard Form 32, General Provisions (Supply Contract) Containing the following listed Articles on pages 1 through 5 of the form plus additional Aritcles on pages 6 through 20 attached thereto.

ARTICLE TITLE PAGE 1 Definitions..................................................... 1 2 Changes..... ................... ........................... 1 3 Extras.......................................................... 1 4 Variation In Quantity........................................... 1 5 Inspection...................................................... 1 6 Responsibility For Supplies..................................... 2 7 Payments........................................................ 2 8 Assignment of Claims...........'................................. 2 9 Additional Bond Security........................................ 2 10 Examination of Records By Comptroller General................... 2

, 11 Default......................................................... 2 12 Disputes........................................................ 3 13 Notice and Assistance Regarding Patent and Copyright I n f r i n g em e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 14 Buy American Act................................................ 3 15 Convict Labor................................................... 4 16 Contract Work Hours ar.d Safety Standards Act -

Overtime Compensation......................................... 4 17 Walsh-Healey Public Contracts Act............................... 4 18 Equal Opportunity............................................... 4 19 Officials Not To Benefit........................................ 5 20 Covenant Agai ns t Contingen t Feer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 21 U tiliza tion a f Small Bus ines s Conc e rns . . . . . . . . . . . . . . . . . . . . . . . . . . 5 22 Utilization of Labor Surplus Area Concerns...................... 5 23 Utilization of Minority Business Concerns....................... 5 24 Pricing of Adjustments.......................................... 5 25 Payment of Interest On Contractors' Claims...................... 5 26 Alterations..................................................... 6 27 Li s t ing o f Emp loymen t Op en ings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 28 Employment of the Handicapped................................... 9 29 Clear Air and Water............................................. 9 30 Federal, State and Local Taxes.................................. 11 31 Termination For Convenience of the Government................... 12 32 Minority Business Enterprises Subcontracting Program............ 17

• 33 Preference For U.S. Flag Air Carriers........................... 18 34 Notice To the Government of Labor Disputes...................... 18 35 Permits......................................................... 19 36 Renegotiation................................................... 19 37 Patent Indemnity................................................ 19 38 Reporting Royalties............................................. 20 39 Notice Regarding Late Delivery.................................. 20

FPR CHANGES AND NRC ADDITIONS TO STANDARD FORM 32 (1-16.101(c))

l CLNERAL PROVISIONS (SUPPLY CONTRACT)*

i (June 1976)

ADDITIONS CONSIST OF ARTICLES 26 THROUGH 39 .

l 36. ALTERATIONS l

l The following alterations to the provisions of Standard Form 32, General l Provisioas, of this contract were made prior to execution of the contract by the parties:

1. DEFINITIONS a., The following paragraph (d) is added to this clauset

. "(d) The term "Connission" or "NRC" 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 " Disputes."

37. LISTING OF EMPLOYMENT OPENINGS (1-12.1102-2)

a. The Contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnam era, that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be offered for listing at an appropriate local office of the State employment service system wherein the opening occurs and to provide such re-ports to such local office regarding employment openings and hires as may be requiredt Provided, that if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs c.

and d. are not required.

b. Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona, fide job order, including the acceptaace of referrals of veterans and aonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in any statutes, executive orders, or regulations regarding nondiscrimination in employment.

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c. The reports required by paragraph a. of this clause shall include, but not be limited to periodic reports which shall be filed at least quarterly with the appropriate local of fice or, where the Contractor has more than one establishment in a State with the central of fice of the State employment service. Such reports shall indicate for each establishment (1) the number of individuals who were hirei during the reporting period, (2) the number of those hired who vete disabled veterans, and (3) the number of those hired who were nondisabled veterans of the Vietnam cra. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performc.nce is made under this contract.

The Contractor shall maintain copies of the reports submitted until the expiration of one year after final payment under the contract, during whic,h time they shall be made .svailable, upon request, for examination by any authorized representatives of the Centracting Officer or of the Sedretary of Labor.

d. Whenever the contractor becomes contractually bound by the listing pro-visions of this clause, he shall advise the employment service system in each State wherein he has establishments of the name and location of each such establishment in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State employment system, there is no need to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause.

c. This clause does not apply to the listing of employment openings which occur and are filled outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

f. Th1J clause does not apply to openings which the Contractor proposes to fill from within his' own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular openir.g once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.

g. As used in this clauset (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categoriest production and nonproduction; plant and office; laborers and mechanics; supervisory and nondupervisory; technical; and executive, administrative, and pro-fessio6.a1 openings which are compensated on a salary basis of less than

$18,000 per year. The term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It

-does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement.

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l (2) " Appropriate office of the State employment service system" means the l local office of the Federal-State nationni system of public employment offices with assigned responsibility for serving the area of the establishment where the cFployment opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Cuam and the Virgin Islands.

(3) " openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consider-ntion will be given to persons outside the Contractor's own organ-1:ation (including any af filiates, subsidiaries, and parent companics),

and includes any openings which the Contractor proposes to fill from

, regularly established "recal,1" or "rchtre" lists.

(4)' "enenings which the Contractor proposes * *

• to fill pursuant to a cuutomary and traditional employct-union hiring atcangerent" means employment openings for which no consideration will be given to per-sons outside of a special hiring arrangement, including openings which the Contractor proposes to fill from union hall, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees. l (5) " Disabled veteran" means a person entitled to disability compensation under laws administered by the Veterans Administratio.1 for a disability rated at 30 percentum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in line of duty.

(6) " Veteran of th.? Vietnam era" means a person (A) who (i) served en active duty with the A,rmed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or taleased therefrom with other than a dishonorable discharge. or (ii) was dis-charged or released from active duty for service-connected disability .

if any part of such duty was performed af ter August 5,1964, and (B) who was so discharged or released within the 48 months preceding ,

.4s application for empicyment i ,vered by this clause,

h. If any disabled veteran or veteran of the Vietnam era believes that the Contractor (or any first-tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving special emphasis in employment to veterans, such veteran may file a ccmplaint with the veterans' employment representative at a local State employment service office who v d i attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veteran's Employment Service of the Department of Labor. Such complaint shall then be promptly referred through the Regional Manpower Administrator to the Secretary of Labor who shall investigate such complaint and shall take such action there-on as the f acts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto.

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1. The Cuntractor agrees to place this clause (excluding this paragraph 1.)

in any subcontract directly under this contract. .

38. EMPLOYMENT OF THE HANDICAPPED (FPR Temo Reg 38)

(a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take af firmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the followings employment, upgrading, demotion or transfer, re-crui,tment, advertising, layoff or termination, rates of pay or other forms of , compensation, and selection for training, including apprenticeship.

a . (b) The contractor agt u to comply with the rules, regulations, and releva...

orders of the Secretary of Labor issued pursuant to the Act.

in the event of the Contractor's noncompliance with the requirements of this (c) clause, actions for noncompliance may be taken in accordance with the rules, j regulations and relevant orders of the Secretary of Labor issued purnuant to the Act.

I (d) The Contractor agrees to post in conspicuous places, availabic to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the Contracting Of ficer. Such notices shall j state the contractor's obligation under the law to take affirmative action to 4

employ and advance in employment qualified handicapped employees and applicants

! for employcent, and the rights of applicants and employees.

J (c) The Contractor will ? notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals.

l (f) The Contractor will include the provisions of this clause in every sub-contract or purchase order of $2,500 or more unless exempted by rules, reg-ulations, or orders of the Secretary issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programa may direct to enforce such provisions, including action for noncompliance.

29. CLEAR AIR AND WATER (1-1. 2302)

(Applicable only if the contract exceeds $100,000, or the Contracting Officer has determined that orders under an indefinite quantity contract in any one year will exceed $100,000 or a f acility to be used has baen the subject of a conviction under the Clear Air Act (42 U.S.C. 1957c-8(c)- (1)) or the Federal Water Pollution Con-trol Act (33 U.S.C.1319(c)) and is listed by EPA, or t.he sontract is not ott.cewise exempt.) .-

(a) The Conttactor agrees as follows:

(1) To comply with all the requirements of section 114 of the Cican Air Act, as amended (42 U.S.C.1857, et seq. , as amended by Pub.

L.91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.C.1251 et seq. , as amended by Pub. L.95-500), respec-tively, reinting to inspection, monitoring, entry, reports, and luformation, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and

' all regulations and guidelines issued thereunder before the award of the contract.

(2) That no portion of the work required by this prime contract will be perf ormed in a f acility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. *

(3) To use his best efforts to comply with cican air standards and clean water standards at the facility in which the contract is being performed.

(4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4).

(b) The terms uced in this clause have the following meaningst (1) The term " Air-Act" means the Clean Air Act, as amended (42 U.S.C.

1857 et. seq. , as amended by Pub. L.91-604) . .

(2) The term " Water Act" means Federal Water Pollution control Act, as '

amended (33 U.S.C. 1251 et. seq. , as amended by Pub. L.92-500).

(3) The term "cican air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan .ss described in section 110(d) of the Clean Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section )ll(c) or section lil(d), respectively, of the Air Act (42 U.S.C. IBS?(c} nt .(d)), et an approved implementation procedure under section 112(d) if the Ah Act TA2.11. 0 c . 1857c-7 (d)) .

(4) The term "'c W e ut e e rantsrds enne any enforceable limitation, control, condition. ;-rnbibutue , s tandarL or or.her requirement which is pro-mulgated p e s e t to um W wx Act. or contained in a permit issued to a p -

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i i discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C.

1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C.1317).

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j (5) The term " compliance" means compliance with cican air or water i standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Ptotection Agency or an air or water pollution 4

control agency in accordance with the requirements of the Air Act j or Water Act and regulations issued pursuant thereto.

! (6) The term " facility" means any building, plant, installation,

' structure, mino, vessel or other floating craft, location, or e site of operations owned, leased, or supervised by a contractor r

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! or subcontractar, to be utilized in the performance of a re t.t or subcontract. Where a location or site of operations contains or 1 includes more than one building, plant, installation, or structure,

' . the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental

! Protection Agency, determines that independent facilities are col-l located in one geographical area.

j 30. FEDERAL, STATE AND LOCAL TAXES (1-11.401-1(c))

l (a) Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and local taxes and duties.

i j (b) Nevertheless, with respect to any Federal excise tax or duty on the trans-

, actions or property covered by this contract, if a statute, court decision.

l written ruling, or regulation takes ef fect af ter the contract date, and--

i

(1) Results in the Contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof j which would not otherwise have been payable on such transactions or 3roperty, the contract price shall be increased by the amount of such tax or duty or rate increase

Provided, that the Contractor if l requested by the Contracting Officer, warrants in writing that no amount l for such newly imposed Federal excise tax or duty or rate increase was j included in the contract price as a contingency reserve or otherwise; or

} (2) Results in the Contractor not being required to pay or bear the burden l of, or in his obtaining a refund or drawback of, any such Federal excise

, tax or duty which would otherwise have been payable on such transactions

, or property or which was the basis of an increase in the contract price,

the contract price shall be decreased by the amount of the relief, refund,

' or drawback, or the amount shall be paid to Government, as directed by 1

the Contracting Officer. The contract price shall be similarly decreased if the Contractor, through his fault or negligence or his failure to 4

h E .. - _ _ _ .. _ _ . . _ . - . _.._ ._._ _ _ _ . . _ . . - . _ . . _ . _ _ _ _ _ _ _ . _ ._

follow instructions of the Contracting officer, is required to pay or bear the burden of, or does not obtain a refund"or drawback of, sny such Federal excise tax or duty.

(c) No adjustment pursuant to paragraph (b) above will be made under this contract unless the aggregate amount thereof is or may reasonably be expected to be over $100.

(d) As used in paragraph (b) above, the term " contract date" means the date set for the bid opening, or if this is a negotiated contract, the date of this contract. As to additional suppites or services procured by modification to this contract, the term " contract date" means the date of such modtfication.

(c) Unless there does not exist any reasonable basis to sustain an exemption, the Gs .ernment, upon request of the Contractor, withou' further liability, agrees, except as otherwise provided in this contract, to furnish evidence appropriate to establish exemption from any tax which the Contractor warrants in writing was excluded from the contract price. In addition, the Contracting officer may furnish evidence to establish exemption from any tax that may, pursuant to this clause, give rise to either an increase or decrease in the contract price. Except as otherwise provided in this contract, evidence appropriate to catablish exemption from duties will be furnished only at the discretion of the Contracting Of ficer.

(f) The Contractor shall promptly notify the Contracting Officer of matters which will result in either an iacrease or decrease in the contract price, and shall take action with respect thereto as directed by the Contracting Officer.

31. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1-8. 701)

(a) The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever ,

the Contracting officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery

• to "

• Contractor of a Notice of Tcr-ination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective.

(b) Af ter receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall:

(1) Stop work under the contract on the date and to the extent specified in the Notice of Termination; (2) place no further ordets or subcontracts for materials, services, or facil-ities, except as may be necessary for completion of such portion of the work under the contract as in not terminated; 12-

(3) Terminate all orders and subcontracts to the' extent that they relate to i the performance of work terminated by the Notice

• of Terminationi (4) Assign to the Covernment, in the manner, at the times, and to the extent directed by the contracting Of ficer, all of the right, title, and interest of the Cor tractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (5) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification

,of the Contracting Officer, to the extent he may require, which approval

, or ratification shall be final for all the purposes of this clause; (6) Transfer title to the Covernment and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Of ficer, (i) the

, fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (11) the completed or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Government (7) Une his best ef fortr. to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Contracting Officer, any property of the types referred to in (6) above Provided, houcver, That the Contractor (1) shall not be required to extend credit to any purchaser, and (ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Contracting Officer And provided further, That the proceeds of any such transfer or disposition 1 shall be applied in reduction of any payments to be made by the Government

, to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such

, other manner as the Contracting Officer may direct; a

(8) Complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (9) Take such action as may be necessary, or as the contracting Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest.

At any time after expiration of the plant clearance period, as defined in Subpart 1-8.1 of the Federal Procurement Regulations (41 CFR 1-8.1),

as the definition may be amended from time to time, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously dis-posed of, exclusive of items the disposition of which has been directed

or authorized by the contracting Officer, and may request the Cuvernment to remove such items or enter into a storage agreement covering them.

Not later than fif teen (1$) days thereaf ter the Government will accept I

title to such items and remove them or enter into a storage agreement l covering the samet h ovided, That the list submitted shall be subject to verification by the Contracting Officer upon removal of the items or, if the items-are stored, within forty-five (45) days from the date of I submission of the ilst, and any necessary adjustment to correct the list ,

as submitted shall be made prior to final settlement. 1 (c) After receipt of a Notice of Termination, the Contractor shall submit to the Contracting 0(ficer his termination claim, in the form and with certification pres,cribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than one year from the offective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon requot of the Contrn.:or-made in writing within such one-year period or authorized extension thereof. However, if the Con-tracting Officer determines that the facts justify such action, he may re-ceive and act upon any such termination claim at any time after such one-year period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, determine, on the basis of information availabic to him, t he amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determintM.

(d) Subject to the provisions of paragraph (c), and subject to any review required by the contracting agency's procedures in effect as of the date of execution of this contract, the Contractor and the Contracting officer may agree upon the whole or any part of,the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, ,

which amount or amounts may include a reasonabic allowance for profit on work done: Provided, That such agreed amount or amounts, exclusive of settlement ,

costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work ,

not terminated. The contract shall be amended according1v, and the Contractor

. hall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount te h+ paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this cinuse, shall be deemed to limit, rt: strict, or otherwise determine or af f ect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph (d).

(c) In the event of the fal hte of the Contractor and the Contracting Officer to agree as provided m paragraph (d) upon the whole amount to be paid to the Contractor by reason ot the termination of work pursuant to this clause, the Contracting Of fiwr Aall . subject to any review required by the contracting agency's procedurce fa effect as of. the date of execution of this contract, a 14 -

1 determine, on the basis of information available t'o him the amount if any due to the contractor by reason of the termination and shall pay to the contractor the amounts determined as follows: .-

(1) For completed supplies accepted by the Government (or sold or acquired as provided in paragraph (b) (7) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other chargeel (2) The total of--

, (1) The costs incurred in the performance of the work terminated,

, lucluding initial coats and preparatory expense allocable thereto, but exclualve of any costs ettributable to supplies n ' ' 9

_to be paid for under paragraph (c) (1) hereof

. (ii) The cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b) (5) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable _on_ account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (i) above); and (iii) A sum, as profit on (1), above, determined by the contracting officer pursuant to i 1-8.303 of the Federal procurement Reg-ulations (41 CFR 1-8.303), in effeet as of the date of execution of this contract, to be fair and reasonable Provided, lw aver, That if it appears that the contractor would have sustained a loss on the entire contract had it been completed, no profit shall be

. Included or allowed under this subdivision (iii) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of lossi and (3) The reasonabic costs of settlement, including accounting, legal, clerical, and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred in connection with the protection or disposi-tion of property allocable to this contract.

The total sum to be paid- to the Contractor under (1) and (2) of this paragraph (c) shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. Except for normal spoilage, and except to the extent that the Government shall have otherwise expressly

l assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor as provided in (e) (1) and (2). (1) above, the f air value, as detetmined by the Contracting Officer, of property which is 1 destroyed, lost, stolen, or damaged _so as to become undeliverable to the l Government, or to a buyer pursuant to paragraph (b) (7). )

(f) Costa claimed, agreed to, or determined pursuant to paragraphs (c), (d), and (e) of this clause shall be in accordance with the applicable contract cost principles and procedures in part 1-1$ of the Federal procurement Regulations (41 CTR 1-15) in ef fect on the date of this contract.

(g) The contractor shall have the right to appeal, under the clause of this contract entitled "D1sputes," f rom any determination made by the Contracting Of fi'cer under paragraph (c) or (c) above, except that, if the Contractor has' f ailed to submit his claim within the time provided in paragraph (c) above and has failed to request ertension of such time, he shall have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under paragraph (c) or (e) above. (

the Government shall pay to the Contractor the followingt (1) if there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the-Contracting officer 1 or (2) if an appeal has been taken, the amount finally determined on such appeal. I (h) In arriving at the amount due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other payments on account there-tofore made to the Contractor, applicable to the terminated portion of this contract; (2) any claim which the Government may have against the Contrector in connection with this contract; and (3) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the provisions of this clause, and not other-wise recovered by or credited to the Government.

(i) If the termination-hereunder be partial, prior to the settlement of the termi-

• nated portion of this contract, the Contractor may file with the Contracting Officer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the '

conaact (the portion not terminatec by the Notice of Termination), and such equitable adjustment as may be agreed upon shall be made in such price or prices.

(j) The Government. may f rom time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this contract whenever in the opinion of the Contracting Of ficer the aggregate of such payuntn stall be within the amount to which the Contractor will bo enti tled hereundet . If the total of such payments is in excess of the amount final y agtemi or det ernined to be due under this clause, such ex ;s shall.be 'v e u hv O.e Contrar. tor to the Government upon demand, together with ir w e u msncei at the rate of 6 percent per annum for the

. , in -

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period from the date such excess payment is received by the Contractor to i the date on which r.uch excess is repaid to the Government: Provided, h w ever, That no interest shall-be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention of disposition, or such later date as determined by the contracting Officer by reason of the circumstances.

(k) Unless otherwise provided for in this contract, or by applicable statute, the Contractor, from the effective date of termination and for a period of three years after final settlement under this contract, shall preserve and make available to the Covernment at all reasonable times at the office of the pontractor but without direct charge to the Government, all his books, records, documents, and other evidence hearing on the costs and expenses of the contractor under this contract and relating to the work terminated hereunder, or, to ...a extent approved by the Contracting Officer, phot w aphs,

-microphotographs, or other authentic reproductions thereof.

• 33. HINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1-1.1310.2(b))

(a) The Contractor agrees to establish and conduct a program which will enable minority business enterprises (as defined in the clause entitled " Utilization of Minority Business Enterprises") to be considered fairly as subcontractors and suppliers under this contract. In this connection, the Contractor shall--

(1) Designate a liaison officer who will administer the Contractor's minority business enterprises program.

(2) Provide adequate and timely consideration of the potentialities of known 4 minority businc.ss enterprises in all "make-or-buy" decisions.

(3) Assure that known minority business enterprises willfhave an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifica-tions, and delivery schedules so as to facilitate the participation of minority buH oess enterprisea.

(4) Haintain records r,howing (1) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises, (ii) awards to minority business enterprises on the source list, and (iii) specific efforts to identify and award contracts to minority business enterprises.

(5) Include the Utilization of Minority Business Enterprises clause in subcontracts which offer substantial minority business enterprises subcontracting opportunities.

(6) Cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Contracting Officer may from time to time conduct.

(7) Submit periodic reports of subcontracting to'known minority business enterprises with respect to the records referred' to in subparagraph (4),

above, in such form and manner and at such time (not more often than quartarly) as the Contracting Officer may prescribe.  ;

(b) The Contractor further agrees to insert, in any subcontract hereunder which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcontractors.

33. PREFERENCE FOR U.S. FLAG AIR CARRIERS (1-1.323-2)

(a) pub..L.93-623 requires that all Federal agencies and Government contractors and subcontractors will use U.S. flag air carriers for international air transportation of personnel (and their personal ef fects) or property to the extent service by such carriers is available. tt further provides that the Comptroller General of the United States shall disallow any expenditure from appropriate funds for international air transportation on other than a U.S. flag air carrier in the absence of satisfactory proof of the necessity therefor.

(b) The contractor agrees to utilize U.S. flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent service by such carriers is available.

(c) In the event that the contractor selects a carrier other than a U.S. flag air carrier for international air transportation; he vill include a certifica-tion on vouchers involving such transportation which is essentially as follows:

CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS I hereby certify that transportation service for personnel (and their .

personal effects) or property by certificated air carrier was unavailable for the following reasons: (state reasons) ,

34. NOTICL TO THE GOVERNMENT OF LABOR DISPUTES (1-7.203-3)

(a) M'enever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this i See Federal Procurement Regulations (41 CFR 1-1.323-3) or section 1-336.2 of the Armed Services Procurement Regulations, as applicable.

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contract, the Contractor shall immediately give notice thereof, including all relevant inf ormation with respect thereto, to the. contracting Officer.

(b) The Contractor agrees to insert the substance of thin clause, including this paragraph (b), in any subcontract hereunder as to which a labor dispute may delay the timely performance of this contract except that each such subcontract shall provide that in the event its timely performance is delayed or threatened by delay by an actual or potential labor dispute, the subcon-tractor shall immediately notify his next higher tier subcontractor, or the Prime Contractor, as the case may be, of all relevant information with respect to such disputes.

35. PERMITS (9-7.5006-48)

Except as otherwise directed by the Contracting Officer, the contractor shall procure all necessary pulmits or licenses an! abide by all applicab' . ;. . .

regulations, and ordinances of the United States and of the State, territory, and political subdivision in which the work under this contract is performed.

l

36. kENEGOTIAT10N (9-7.5004-20)

If this contract is subject to the Renegotiation Act of 1951, as amended, the following provisions shall apply:

(a) Tits contract is subject to the Renegotiation Act of 1951 (50 U.S.C.

A ip. 1211, e t , seq.), as amended, and to any subsequent act of Congress providing for the renegotiation of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder which is not imposed by an act of l Congress heretofore or hereafter enacted. Subject to the foregoing, this contract shall be de'emed to contain all the provisions required by section 104 of the Renegotiation Act of 1951, and by any such other act, without subsequent contract amendment specifically incorporating such provisions.

(b) The contractor agrees to insert the provisions of this clause, including this pat. graph (b), in all subcontracts, as that term ia defined in section 103 g. of the Renegotiation Act of 1951, as amended.

37. PATENT INDEMNITY (9-9. 5009(c))

The Contractor agrees to indemnif y the Government, its officers, agents, servants, and employees against liability of any kind (including costs and expenses incurred) for the use of any invention or discovery and for the infringement of any Letters patent (not including liability, arising pursuant to Section 183, Title 35, (1952) U.S. Code, prior to the issuance of Letters Patent) occurring in the performance of this contract or arising by tenson of the use of disposal by or for the account of the Government of items manufactured or supplied under this contract.

38. REPORTING OF ROYALTIES (9-9.5011) ,

if this contract is in an amount which exceeds $10,000 and'if any royalty I payments are directly involved in the cont'ract or are reticcted in the contract price to the Government, the Contractor agrees to report in writing to the Commission (Patent Counsel, Of fice of the Executive Legal Director) during the performance of this contract and prior to its completion or finni settlement the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the performance of this contract together with the names and addresses of licensors to whom such payments are made and either the patent numbers involved or such other information as will  !

permit identification of the patents or other basis on which the royalties are to be paid. The approval of the Commission of any individual payments or royalties shall not' estop the Government at any time f rom contesting the enforceability, validity or scope of, or title, to, any patent under which a royalty or payments are made.

39. NOTICE REGARDING LATE DELIVERY (1-7.204-4)

In the event the contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the contract delivery schedule or date, the Contractor shall immediately notify the Contracting Officer thereof in writing, giving pertinent details, including the date by which it expects to complete performance or make delivery: Provided, louever, That this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule or date, or any rights or remedies provided by law or under this contract.

4 l

FINDINGS AND DETERMINATIONS Under Section 302(c)(10) of the Federal Property and Administrative Services Act of 1949, as Amended I Upon the basis of the following findings and determination, the proposed contract described below may be negotiated without formal advertising pursuant to the authority of 41 U.S.C. 252(c)(10) as implemented by FPR 1-3.202.

Findings 1.- The Nuclear Regulatory Comission proposes to procure by negotiation from the state of Pennsylvania services for measuring concentrations of radioactivity and radiation levels in the environment of Consnission licensed act' ities within the et ate and selected by the Commiss',.

2. Such environmental monitoring shall be accomplished by state employees

. collection of environmental samples which are split with the reactor licensee or closely duplicate samples collected by the licensee.

The state shall then analyze such samples for radionuclide activity and provide the NRC with an annual report for three years which intercompares their results with those of the licensees.

3. Such effort will result in a cooperative program between the NRC and the state. Failure to formalize such program may well result in the states withdrawal from acceptance of a formal agreement.

Were this to happen, the Government would have to contract out the work that the state would have done or increase its own staff to accomplish such work. In either case, the cost to the Government would most likely increase significantly. It is, therefore,_ essential that work commence immediately.

Determination Based on the foregoing findings, I hereby determine that:

1. The use of a negotiated contract, without the formal advertising,

-is justified because the public exigency will not permit the delay incident to formal advertising.

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