ML20126H657

Contract: Site Suitability Assessments Based on Seepage & Groundwater Conditions Associated W/U Recovery Operations, Awarded to Williams-Robinette Associates

ML20126H657
Person / Time
Issue date:	04/03/1981
From:	Mattia M, Robert Williams NRC OFFICE OF ADMINISTRATION (ADM), WILLIAMS-ROBINETTE & ASSOCIATES, INC.
To:
Shared Package
ML20126H653	List: ML20126H648 ML20126H657
References
CON-FIN-B-7301, CON-FIN-B-7301-0, CON-NRC-02-81-039, CON-NRC-2-81-39 NUDOCS 8104160764
Download: ML20126H657 (23)

Text

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" Site Suitability Assessments Based on Seepage and Groundwater Conditions Associates With Uranium Recovery Operations" Type of Contract: Time and Materials O

lfonetary Limitation ioTAL moum or comnAct s 120 328T00

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CONTRACTING OfflCER WILL COMPLETE BLOCK 22 OR 2G AS APPL 1CASU AWARD (Contr.raer is not vtpired to sign llh document.) Yearo%e CCh1E.AC3Oa'5 kl'd.)1lk1t D AGLllM.t NT (Cowa. lor h repired te sign 26.

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Page 2 of 23 TABLE OF CONTENTS This Contract Consists of:

1. Cover Page

2. Schedule ARTICLE I Statement of Uork ARTICLE II Task Orders ARTICLE III Period of Performance ARTICLE IV Compensation for Services ARTICLE V Request for Prior Authorization of Certain Direct Costs ARTICLE VI Task Order Ceilings ARTICLE VII Payinents ,

ARTICLE VIII Overtime ARTICLE IX Obligations ARTICLE X Private Use and Protection of Unclassified . ,

Government Information ARTICLE XI Key Personnel ARTICLE XII Technical Direction l ARTICLE XITI Billing Directions ,

ARTICLE XIV General Provisions for Firm Fixed Price Contracts

a SCHEDULE rage 3 of 23 l,

I ARTICLE I - STATEMENT OF WORK A. BACKGROUND Uranium recovery operations consisting primarily of milling, heap leaching, or in situ leaching (solution mining) of uranium ore may produce significant impacts on groundwater quality. Various chemicals added to the ore -or compounds solubilized during the recovery process may cause a degradation in groundriater quality.

Most of the radionuclides in the original ore other than uranium are not removed in the recovery process and processing of the ore ,

may increase the potential for these radionuclides (principally Th-230, Ra-226, Pb-210, Po-210) to enter groundwater sources. With these impacts in mind, licensing performance objectives for uranium tailings management require the design and use of the isolation area such that seepage of toxic materials into groundwater system would be eliminated or reduced to the caximum extent reasonably .

achievabl e. .

Evaluation of existing, probable or potential environmental impacts is an integral pdrt of the licensing and enforcement process for uranium recovery facilities. In accordance with fluclear Regulatory Commission (NRC) regulations, environmantal and engineering assessments are required to support licensing decisions on license applications, l license renewals, proposed major modifications, emergency situations at existing uranium facilities and in some cases decommissioning plans for uranium recovery operations. The U. S. fluclear Regulatory Core,ission's Of fice of !!uclear Material Safety and Safeguards ,

(f!RC/lCGS) required technical assistance in the essessment of groundwater impac ts* of uranium recovery operations. These assessments of applicants ' and others' proposal's, the suitability of sites for uranium extraction, and the determination of impacts due to emergencies at existing facilities. The assessments nay be used in the develo'pment of liRC/liMSS Staff Technical Position Papers which provide general guidance to 5pplicants in various technical areas and will be used

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i i' age 4 ot 23 B. UDRY. REQUIRED

1. Gtr.aral Descriction The Contractor shall evaluate applicants' and others' proposals, make site visits, and shall provide environmental, hydrogeologic, and engineering assessments of impacts on groundwater from existing and proposed uranium recovery operations as they affect site suitability. Of r,sjor importance will be assessments of impacts due to seepage, leaching and migration of tailings and/or leaching solutions containing radionuclides and other factors, will be considered by.the Contractor as input to the development of tiRC/ tim 55 Staff Technical Position Papers on tailings management and impacts related to all forms of uranium extraction. An.important respansibility of the Contractor wi,11 be the ability to respond in a timely fashion to an t!RC request for an onsite investication of uranium extraction facilities in the event of an emer~gency .as the need is identified by fiRC. In sumary, the work required is as listed:

1. The written evaluation of applicant and other proposals pertaining to tailings management, with respect to possible contamination o. f groundwater by constituents of tailings, and the. transport of contaminants by groundwater.

2. Visits to sites designated by f!RC, for the purpose of field investigation. The Contractor must respond to 11RC requests for initiating site-visits within a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period from the time of the requests.

3. Based on the results of investigations stated in items 1 .

and 2, above, provide assessments of the suitability of Various sites for uraniua) recovery operatiens.

4. Participate in the r'. epai tion of liRC/ lim 55 Staff Technical Position Papers concerned with site suitability investigations for uranium extraction facilities.

The work described in the following tasks will be required for the above four items.

liRC cannot predict the number of requests for assistance that This 50W will be made on the present Statement of b'ork (50W).

includes completion of existing work (begun under a subco6 tract arrangement with Argonne flational Laboratory (Af1L)) and new tasks.

!!RC estimates three (3) projects begun under the AflL subcontract will remain to be completed. Projects and tasks for C,ompletion are:

=.. . - - _- .

3 Project 1. Bear Creek Uranium Mill evaluation of placement.of tailings above or below the water table in a specially excavated pit. (Requires Task 1 type effort specified below).

f Project 2. Cotter Corporation Uranium Mill evaluation of contaminant migration near Canon Cityfowf.lorado. C (Requires tasks 1 and 4-type efforts specified be ~

Project 3. Federal-American Partners Uranium Mill' investigation of r the placement of tailings above or below the-water table.

(Requires task 1 and a possibility of task 4 type efforts specified bel l

2. S_pecific Tasks iask 1 ~ . . . . _ . _ . .

7 Upon issuance of a task order by the f?RC, the Project Officer will provide. the Contractor with available infonnation, . applicant and other submittals, proposals, reports, and other documentation relevant to the request.for assistance.- It.shall be the Contract-or's responsibility to address the following items in performing Task 1, as requested by fiRC: ,

a. Become familiar with the information and documentation provided, and in the case of deficiencies, to. identify and secure what additional information is required,

b. Using information provided by f!RC, as well as other _

information gathered independently by the Contractor *

(includina the use of appropriate sub-contractors where necessar/), the Contractor shall become familiar with ,

local and regional groundwater flow systems, geology, .

hydrostratigraphy, and hydrology, water quality data, '

water use, and any other parameters which bear on anThe informati!

analysis of the study area.

but not be limited to, groundwater flow patterns, hydrostratigraphic units, low, depth, velocity, groundwater quality, seepage factors, drill hole and geophysical borehole logs, piezometer readi.ngs, laboratory data, in-situ permeability data, and . ,

distribution and dispersion coefficients.

c. The Contractor shall assess the validity of the above t information, with the approval of !!RC shall apply the valid information to an independent assessment of site  :

L suitability for uranium extraction; or, in the case of an .

assessment of an existing facility, the Contractor shall apply such information to an independent assessment of 3 L

I groundwater contamination.

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• Requires advance approval of subcontractor (s) by the Contracting Officer.

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Page 6'of 23

d. The Contractor shall independently assess the potential for, or the extent of seepage, the eventual extent of  :

groundwater contamination, a determination of whether or not seepage will or has affected human, livestock, or

• wildlife water supplies, and what the resultant impacts are or are expected to be. The Contractor's conclusions l

shall be applied.to a determination of site suitability, '

or an assessment of occurring . impacts. -

e. The Contractor shall consider present.and future ground. eater j ronitoring in the study area, and shall make recomendations i concerning manitoring programs 'which can give reliable early and continued indication of seepage problems. ,

f.

The Contractor shall recomend mitigatin,g' actions ,where appropriate.

Task 2 k' hen a request for site-visit-assistance is ma'de' by NRC, the Contractor .

shall initiate such action within a 24-hour periodNRC o'r awill period specify mutually agreed upon by URC and the Contractor.

the scope of the site-visit to be conducted which will depend on the situation. Such request may be issued orally but will be confirmed in f writing by the Con,tracting Officer within three (3) working days, .

Task 3 The Contract'or shall participate in the development of NRC/NMSS

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Staff Technical Position Paoers concerning site suitability investigations This participation will include.

for uranitan extraction facilities.

the screening evaluation, and assembly of information which has j

been gathered by NRC or the contractor during their assessments performed on individual sites. ,

Task 4 Dn some projects, it may be necessary to collect field data and perform laboratory analysis related to surface and groundwater drilling, impacts. This work may include, but not be limited to: j soil sampling, surface and groundwater sampling, chemical and  ;

radionuclide analysis, geophysical logging, and laboratory and in-  ;

Some of this work r.ay be completed situ permeability testing. 1 through sub-contracts.*

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• Requires advance approval of subcontractor (s) by the Contracting Officer. -

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As a minircum, the Contractor shall be able to measure the following  :

constituents in uater:

Alkalini ty Lead Uranium l'anganese 'Ra-PP6 Arsenic Earium 1:ercury Th-230 Seryllium Italybdenum Pb-210 i Boron flickle Po-210 Cadmium f10 Gross alpha particle activity 3

Chicride 11 0 2

Chro:nium pH Cobal t Selenium -

Conduc tivity Silver .

-Copper 50g ,

Iron TDS Zinc 3

The Contractor shall no't perform any work under this task.without 4 the specific written authorization'of the contractin be submitted.

Upon such a request, a separate cost proposal shall' g. offic Task 5 The Contractor shall perform peer reviews of work performed by other !!RC contractors on other groundwater projects particularly on those which are compelling and urgent.because of imninent chemical, ,

radiological, and hydrological hazards to the public or on projects which are geohydrologically unique to the Southwestern United States.

In cases of public exigency, where the liRC determines there has been inadequate review, fiRC shall direct the Contractor to provide , '

or make available to fiRC those required services which will complete the needed work. The Contractor shall not perform any work under this task without the authorization of the contracting officer.

This authorization, if given by telephone, shall be verified in writing no later than three (3) days from the date of the original authorization. .

Task 6 , ,

The Contractor shall respond to public comments or agency (state or federal) comments on the Contractor's evaluations if. requested by. i l liRC. The Contractor shall also defend the evaluations in public hearings if requested by liRC.  !

Task 7_ '

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The Contractor shall maintain a cocplete file on the documentation, analyses, notes, and other written r;aterials used for any workThe C In any performed under Tasks 1 through 5.to deliver this cntire file to !!RC at case, the entire file shall be delivered to I RC at the expiration of the contract.  :

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. I C. REPORTIfiG REQUIREMEtiTS Task 1 Within 21 days following the site visit carried out under task 1,

• The contractor shall prepare and-subnit a trip report to fiRC which describes the problems investicated . characterizes the nature and:

't extent of the investigation, defines the cethods used, and states his conclusions and recor.sndations about the results of _ his investigation. l The contractor shall submit a draft evaluation report for each' >

project with the following distribution. .

t Project Of ficer I; MSS - five (5)' copiesProgram Support) One '(1) copy Of fice of the Director, imSS -(ATTih l

Ms. Mary Jo l'attia, Contracting Officer - One (1) copy Task 3 -

The contractor shall prepare a report on the results of the '

collection of field work and laboratory analysis as specified in task 3.. In the event a sub-contractor is required the contractor will be responsible for incorporation of the sub-contractor's This report portion of the report into the overall taskdrilling, 3 report.shall contai soil groundwater impacts as identified by his work in:  ;

sampling, surface and groundwater sampling, chemical and' radionuclide '

Analysis, geophysical logging, and laboratory and insitupermeability testing.

Sections on f.he following will be required (unless otherwise  ;

specified by the porject officer)- i

a. Operations and Mitigating Actions s

(flon in situ leach mining, applications)

1) Sources of liquid effluents  ;

a) flon-radioactive Radioactive b)

2) Co'ntrol of liquid effluents i a) fion-radioactive b) Radioactive 7

3) Restoration of aquifier'(if specified in the [

Task Order)  ;

(In situ leach mining applications)

1) Ore body description .

' 2) Amenibility to in situ leach mining 3)

Uell field description and operations W

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Page 9.of 23 l 4

4) Sources of licuid effluents .l a) Non-radioactive  !

b) Eadioactive

5) Control of liquid effluents .

a) Non-radicactive b) ' Ra dioactive

6) Restoraticn of aquifer

b. Enviror. ental Impacts

1) Surface 'n'ater 3

2) Greundsater

3) Aquatic biota ,

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c. Monitoring Programs -

1) 'n'a t er

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a) Preoperational b) Operational l

d. Enviror ental Effects of Accidents (If specified in .

the Task Order) ,

1) Impoundment failure

2) Pipeline faiiure

e. Adequacy of diversion ditches and1 drainage channels -l (If spe:ified in the Task Order).

The centractor shall submit a draft evaluation report for each project with the following distribution:

Project Officer, INSS - five copies t Office of the Director, NM55 (ATTH: , Program Support) -

~ t one copy. .

Ms. Mary Jo Mattia - Contracting Officer - one copy.

ine draft evaluation report centioned above shall be submitted to the Project Officer within ISO work days after project ,

review hes begun. On projects uhere additional infonnation is .

not recuired, the time may be 45 days shorter. The Project  ;

p Cfficer will then furnish coments on the draft report to the j contractor. Such ccc.ents are not intended to prejudice the contractor's technical judgements, but to assure that the draf t adecuately addresses the work and is clearly and concisely ,

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- Page 10 of 23 Based on these comments and within ten (10) work days of receipt of same, the contractor shall revise the draft and submit the final report in eleven (11) copies to:

Project Officer, fiMSS - 8 copies plus (1) camera ready copy Office of the Director, f; MSS (ATTN: Program Support) - one copy.

Ms. l'ary Jo P,attia, Contracting Officer - one copy.

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Page 11 of 23 Task 4 Report -

The coritractor shall prepare. a report- (when requested by the' .i poject officer).which details.any deficiencies which he may '

have found in. the " contractor review" . conducted in task 4.

In addition, the contractor will'. include in this report any -

recom.nendations which he feels f;RC should consider in reworking' '

inadequate ' contractor reports. '

The contractorL shall submit an evaluation report for each

" Contractor Review" with the following distribution: .-

Project Officer, liNSS - five copiis Program Support) - one: copy.

Office of the Director, i; MSS '(ATTil: ,

Ms. Ihry Jo Mati.ia, Contracting Officer - one copy : ,

f D. TPJiVEL ,

The contractor shall travel to sites to view first hand the existing conditions, as described in detail in Tasks 1, 2, and 4. ,

E. It is anticipated that the contractor will' be required to meet with '6 fiRC staff at the contractor's site.  :

F. NRC FURNISHED MATERIAL In those cases where work is not required within a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notice, the I; MSS Project Officer will supply the contractor with the applicant's original submittals as supplied by fiRC by the applicant, within fifteen (15) days of the effective )

date of the contract for each identified project. If the Government-furnished property, suitable for its intended use, is~ not so delivered to the contractor, the Contracting Officer shall',

upon timely written request by the contractor, and if the facts

• warrant such action, eq0itably adjust any affected provision of this contract pursuant to the pr,ocedures of the "Changef" clause hereof. 1 In those case where work is required within a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notice, the-contractor will begin work with the best information obtainable  :

either from personal sources or from informatiop which will be supplied by the applicant as directed by f!RC.

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Page 12 of 23 ARTICLE II - TASK ORDERS A. Upon receipt of any task order for services issued hereunder by the Contracting Officer, the contractor pursuant to such task order shall furnish the necessary services of the type and at the prices.

as hereinafter provided in order to commence work as soon as possible (within ten days) after receipt of the order.

Task orders may be issued at the sole option of the NRC, and it is understood that the NRC undertakes no obligation hereby to issue task orders hereunder. The provisions of this arrangement shall govern all task orders issued hereunder.

B. Each task order for services sball be issued by the Contracting Officer or his authorized representative and shall be in writing, dated, sequen-tially numbered and shall include the following as applicable:

1) Scope of Work 2' Objectives of the Task 3 Statement of Work 4 Reporting Requirements and Other Deliverables 5 Desired Completion Date

6) Special Instructions or Requirements, (if any) 7 Place of Performance '

8 liaximum Cost Limitation C. A copy of each task order shall be made a part of the contract file.

D ., NRC shall provide the contractor with drawings, specifications, manage-ment plans, experimental requirements,. cost estimates,. schedules and other information required to perfonn an independent evaluation of the project for each task order issued hereunder if applicable.

l This material is provided for such information and assistance as it

! may provide the contractor with resp'ect to the general scope of work l

to be performed. Only the matter which is referred to above will be t furnished by the Government, i

ARTICLE III - PERIOD OF PERFORMANCE The period of performance shall commence with the effective date of award and shall continue for a period of two (2) years thereafter, subject to i

the availability of funds as further set forth under ARTICLE VII. All task j

orders issued during this period shall be completed at the same rates set forth under ARTICLE IV - COMPENSATION FOR SERVICES.

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iu;e 13 at L3 ARTICLE IV - COMPENSATION FOR SERVICES A. Except as provided in Article V " Ceilings" paragraph B. below, in full and complete payment for services rendered to the Commission on any task order placed under this contract, including profit and all items or kinds of expenses related directly or indirectly to performance of such task order, the contractor shall be compensated for its services hereunder upon the basis of hourly charges for stated classifications of its personnel for time actually spent by each such employee or consultant in performance of the services rendered under the contract according to the following schedule:

Ceiling Estimated _ Hou rl y_*, _Es tima ted_

Rate Total Amount Labor Catggorjc Hours _

540 $58.75 $37,600.00 Hydrogeologist 37,600.00 Geologist Engineer 640 58.75 576 8.00 4,608.00 Dra f tsperson 3,360.00 Typists 480 7.00 Total Estimated Total Estimated 2,336 Amount: $83,168.00 Hours:

• The negotiated basic contract hourly rates aoove are regarded as '

" loaded rates" inasmuch as they include full consideration for fringe benc-fits, general and administrative expenses, and profit.

B. The ceiling price to the Guvernment for performance of the work specified in Article I herein shall not exceed $120,328.00.

C Under the terms of this Labor-Hour Contract, the contractor agrees that ,

the work to be performed under Article I shall be accomplished within ,

the total ceiling number of hours (2,336 hours0.00389 days <br />0.0933 hours <br />5.555556e-4 weeks <br />1.27848e-4 months <br />) unless otherwise modified by the Contracting Offic'er. The Contractor may vary the number of labor hours used among the labor categories specified in paragraph b. above but the total labor hours effort may not exceed 2,336 hours0.00389 days <br />0.0933 hours <br />5.555556e-4 weeks <br />1.27848e-4 months <br /> nor the ceiling amount for labor hours established as $83,168.00.

Any costs incurred in excess of the ceiling amount for Tabor hours established as $83,168.00 shall be borne by the contractor.

D. The costs incurred under task number four (4) for purchase or lease of equipment and subcontractor's cost is estimated at

$20,000.00.

E. For all other direct costs, the contractor shall be reimbursed only as described below:

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ihe 14 vi d i

1) For periods of.truel as directed by, the Contracting Officer or his authorized representative, travel costs shall. not exceed $14,160.00 'without the prior ~ approval of the. Contracting Of ficer. Such costs shall be included in'the-issued task orders.

The contractor will be reimbursed for the following reasonable domestic travel ' costs incurred directly and specifically in the performance of this contract and accepted by the Contracting-Officer.

a. Per diem shall be reimbursed at a daily rate-not to exceed'$50.00. The per diem amount is comprised of lodging expense, meals and miscellaneous expense.

b. The cost of travel by privately owned automnbile shall be reimbursed at the rate of 22.5c per mile.-

c. The cost of travel by rented automobile shall be reimbursed on a reasonable actual expense basis.

d. All common carrier travel reimbursable hereunder shall. be via economy class rates when available.- If not available, reimbursement vouchers will be annotated that economy class accommodations were not available. First-class air travel is not authorized.

e. Receipts are required for common carrier transportation, lodging and miscellaneous items in excess of $15.00.

2) The expenses for long distance telephone charges not reflected in the overhead rate or otherwise in the hourly rate above, and incurred in the performance of the work hereunder, will be reimbursed at actual cost. The estimated amount for all telephone costs incurred is established at $3,000.00. ..

While the contractor shall he paid 'for each man-hour of l

performance, travel and telephone costs as provided for in ,

paragraphs 1 and 2 above, it is understood end agreed that the total amount to be paid to the contractor shall not exceed the ceiling amount of $120,328.00 set forth in paragraph a.

ARTICLE V - REQUEST FOR PRIOR AUTHORIZATION OF CERTAIN DIRECT COSTS Prior authorization in writing by the Contracting Officer is required for the following costs:

1) Purchase or lease of any or all equipment for use under this contract.

2) The utilization subcontractor (s)

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The Contractor shall-submit written notice to the Contracting Officer within fifteen (15) days before leasing or purchase of any equipment under this contract. In addition, a " Lease versus Buy" analysis shall be provided by the Contractor before the leasing of any equipment.

Page 15 'of 23:

ARTICLE VI - TASK ORDER CEILINGS '

Costs ceilings'will .be placed in each task order for. performance of work under this contract. Such ceilings may be' increased by-the. Contracting-  ;

Officer or his authorized representative in their discretion from time  !

to time'by notice to the contractor in writing. 'The contractor. shall 'l promptly notify the Contracting Officer in writing whenever it believes that the then pertinent ceiling for any task order is insufficient.

When and if the amount (s) paid and payable'to the contractor under such -

pertinent task order shall equal the then p'ertinent ceiling, the contractor shall not be expected to perform further'un!ess the-Contracting Officer .

increases such ceiling in an amou'nt sufficient to cover additional work thereunder. The Government shall=Ifnot and be obligated to pay the contractor any to the extent that such ceiling' -

amount in excess of such ceiling. '

has been increased, any cost incurred by the contractor in performance in excess of the ceiling prior to its increase shall be allowable to the j same extent as if such costs .had been incurred after such increase in the ceiling.

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, ARTICLE VII - PAYMENTS '

Payment shall .be made in accordance with Clause 7 of the General Provisions . . '

entitled, " Payments" and as .follows upon the submission of properly ~ certified j invoices or vouchers approved by the Contracting Officer:

1 A. Time Rate (1) The amounts computed by applying the appropriate time rate or rates set forth herein to the number of direct labor hours of work ,

performed, which rates shall include wages, overhead, general )

and administrative. expense and' profit. Fractional parts of an hour shall be payable on a prorated basis. "

l (2) Invoices shall be prepared in sufficient detail to show the number ,

of hours of work performed.on each task order according to the i various classifications of. employees set forth in Article IV, paragraph 1. '

i Payments by the Commission based on the foregoing provisions of'this B. j contract sill be made as promptly as is reasonably practicable after i submission to the Contracting Officer of vouchers and such other '

supporting documents or evidence as;the Contracting Officer may7 require. Said payments shall be tentative and subject to subsequent .l audit and adjustment to assure that_ payment'is properly effected r in accordance with the provisions of this contract and the cost i principles in FPR 1-15. The contractor shall substantiate vouchers [

by evidence of actual payment or such other substantiation approved

[ by the Contracting Officer. At any time or time prior l l

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. - - _ ~ . . _ . - . . . . . - - . . - . - . .. _ -.- _ _...- . - ,. _. . - - - . _ _ - . , . . .

5

Page (6 ut a to final payment under this contract the Contracting Officer may cause to be made audit of the invoices or vouchers and substantiating material Each payment therefore made shall be sub-as shall be deemed necessary.

ject to reduction to the extent of arounts which are found by the Contracting Of ficer not to have been properly payable, and shall also be subject to reduction for overpayrrents, or to increase for underpayments, en precedinj invoices or vouchers.

The centractor shall be paid in accordance with the a:nounts computed by applying the appropriate time rate or rates set forth in ARTICLE IV, COMPENSATION FOR SERVICES, to the number of direct labor hours of w performed, which rates shall include wages, overhead, general trative on expenses a prorated and profit. Payments will normally be made monthly, but may basis.

be varied by the Contracting Officer if conditions so warrant.

Invoices shall be prepared in sufficient detail to show the number of hours of work performed on each task order according to the various classifications of errployees set forth in Article IV, paragraph 1.

Prior to final payment under thii contract, the C. Financial Settlement.

contractor and each assignee under this contract. whose assignment is in effect at the time of final payment under this contract shall execute '

and deliver:

(a) An assignment to the Government' in fona and substance satisfactory to the Contracting Of ficer of refunds, rebates, credits, or other amounts (including any interest thereon) properly allocable to costs for which the contractor has been reimbur, sed by the Govern-ment under this contract; and ,

A release discharging the Government, its officers, agents, and (b) employees from all liabilities, ' obligations, and claims , arising .

out of or under this contract, spbject to the following exceptions:

l (1) 5?ecified where claims in the amounts arestated amountsofor not susceptible in estimated exact statement by amounts

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' the contractor; .

('2 )

Claims, togethir with reasona'ble expenses incidental hereto, bhsed upon liabilities of the contractor to third parties Provided, That arising out of performance of this contract: -

such claims are not known to And the contractor on t'heThat provided further_, datethe of the execution of the release:

contractor gives notice of such claims in writing to.the Contracting Officer not more than six (6) years after the date of the release or the date of any notice to the contrector that the Gover.nment is prepared to make final payment, which-ever is earlier; and . - . .

Page 17 of 23-Claims for raimbursement'.of costs '(other than ekpenses of (3) the contractor by reason of any. indernification of the Govern-

• ment against patent liability), including reasonable expenses -

Incidental thereto, ~ incurred by the contractor under. the provisions of this contract relating to patents. -.

The contractor agrees that any refunds, rebates or credits ~

(including interest thereon) accruing to or received by the ,

contractor, which arise unkr this contract and for_ which the contractor. has received reimbursement, shall be paid by the The contractor shell execute -'  !

contractor to the Coruaission.

and deliver, at the time of and as a condition precedent to final payment under this contract, an assignment .to the-h refund

. Coranission of any suc ,

any interest therecn) in form and substance satisfactory to the Commission. ,

(4) .Tiiformation Cost Information. The contractor shall maintain current cost adequate to reflect the cost of performing work under this contract at all times while the work is 'in progress,'

and shall. prepare and furnish to the Government _ such written-estimates of cost and information in support thereof- as the-Contracting Officer may request. ,

The contractor shall. keep and maintain records and (5). Records.SRs of account which show accurately, and in an adec;uate manner, the basis. for receiving compensation under thi~s con- '

-- tra ct. The contractor shall preserve said records' and books of account for a period of three (3) years after the date of final ' payment under this contract. The Cortafssion shall at all reasonable times, prior to and after the date ~of fina1 '

payment under this contract, have the right to examine and-

. j make copies of such records and books.

(a) ubcont ra c t s ,

(1)

'Jhe cost of subcontracts which are authorized pursuant to the " Su i

clause hereof shall be reinbursable costs hereunder, provided such costsF.

are consistent with subparagraph (2) below. i d to be with subcontracts shall he limited to the a=ounts actually include requ reany cc i sts paid by the Contractor to the subcontractor and shall not f arising from the letting, adeinstration or supervision of perforrance o ble the subcontract, which costs are included in the hourly rate or rates paya '

under (a)(1) above, his ability, procure caterialspt p

(2)theThe at Contractor shall, to the extent of most advantageous prices available with due regard to secur ng prom i

)

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delivery of satisfactory caterials, and take all cash and trade discounts, .

rebates, allowances, credits, salvage, coa =f ssions, . and-~other benefits.

k' hen unable to take advantage of suchand benefits, give'the it reason shall pronptly therefore.

notifyCredit the Contracting Officer to that effect, I

shall-be given to'the Government for cash and trade disccmnts, rebates, t of-ellowances, _ credits, salvage, the value of resulting scrap vhen the amoun such scrap is appreciable, cocrissions, and other arounts.vhich have been V

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i' age 18 of 23 j

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accrued to the benefit of the Contractor, or vould Suchhave benefitsso accrued except lost through for the fault or neglect of the contractor.

no fault or neglect on the part of the Contractor, or lost through fault of the Coverncent, shall not be deducted froc gross costs.

for the perforcance of (b) It is esticated that the total cost to the Governcentforth in the Schedule, and the this contract will not exceed the ceiling price set Contractor agrees to use his best efforts to perform the work'specified in theIf at Schedule and all obligations under this contract within such rate the hourly ceiling price. and psycents any tice the Contractor has reason to belicve that in the other approved costs which vill accrue in the perforcance of this contract next succeeding thirty (30) days, when added to all other (85%) paycents and costs of the ceiling price then previously set accured, vill exceed eighty-five percentforth in the Schedule, thefor Contrac to that effect giving his revised esti:2te of the total price to the Governcent the perforcance of this cootract, together vith supporting reasons and the docucentation. If at any tice during the perforcance of this contract, for the _

Contractor has reason to believe that the total price to the Governcent perforcance of this contkact will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, Si ving his revised esticate of the total price for the perforcance If atofany thistice contract, together with supporting reasons and docucentation.

during the perfornance of the contract, the Governcent has recson to believe that the work to be required in the perforcance of this contract vill be the Contracting substantially greater or Icss than the stated ceiling price, .

Of ficer vill so advise the Contractor, giving the then revised esticate of the total arount of effort to be required under the contract.

in shall not be obligated to pay the Contractor any amount (c) The of excess Governcent the ceiling price set forth in the Schedule, and the Contractor shall not be obidgated to continue perforcance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Of ficer shall .

have notified the Contractor in writing that such ceiling price has been increased and shall have specified in such notice a revised ceiling which shall thereupon When and to constitute the ceiling price for perforcange under this contract.

the extent tnat the ceiling price set forth in the Schedule has been increased, any hours expended and caterial costs incurred by the Contractor in excess of the ceiling price prior to this increase shall be allevable to the sace extent as if such hours expended and caterial costs had been incurred af ter such increase in the ceiling price. 7 (d) At any time or times prior to final paycent under this contract the Contracting Officer cay cause to be cade such audit of the invoices or vouchers and substan-t1ating caterial as shall be deeced necessary. Eac'h paycent theretofore cade shall be subject to reduction to the extent of amounts which are found by the Contracting Of ficer not to have been properly payable, and shall also be subject to reduction for overpay =ents, or to increase for underpaycents, on preceding invoices or vouchers. Upon receipt and approval of the voucher or invoice designated by the Contractor as the "cocpletion voucher" or " completion invoice" and substantiating caterial, and upon cocpliance by the Contractor with all provisions of this contract (including, without lieftations, provisions relating

rage is vi I

)

. t the Go vernment shallctor.as

) belov, e due and eving the be subritted hallContra of the prcyfriens of (f) and (gpr acticable h pay any vriting j balancbstantiat

-ice or voucher, and sucay be practicable one (1) year f ollow (or sucion, approve in s pro ptly as atract, but in no event later thanOfficer :sy, in his discret he Contracting under this l uch ccrpletion. assignment entered into shall contract, I

under an der this to final officers, '

>r and cach the assignee,of final time a paycent unconditionits precedent fect ~. of nd as he Govern:ent, ions, and clains arising tr, at the t!=e p contract, a relcese dischstging tall liabilities, obadgatl ving exceptions:

ljecs of and fra: subject only to the f ol e where the his contract,  ;

d a ounts, or in esticated arountsstatercut by the Contra

.ed c3 ains in statesusceptible of exact to, insed are not of s expenses incidental therearising i d parties he Contractor out together with reasonableof which the are Contractor not known to to th Contractor r trelease,  ;

and of which the he liabilitiesof this contract, '

rfor:snee Contracting Officer not nore t hnotice datein of thetocrecution sTiting the of date the of any notice to thefinal payzent, whiche of the release or thet is prepared to nahe after the date actor actor that the Governmen >

irlier; and (other than expenses of the Contr i

against patentto, incurred l ps f or reinburserentble ofofexpenses the Govern:ent costs ing to incid-ntal thereof this contract relat Lason of its inde nification

21ity), including reasona i ions

• be Contractor under the prov s credits (including anye, which nts. bates, or betor agrees that any refunds, red'by the Contractor nt. or any assignehich

'en) accruing to or receiveof this, contract and for wtor to the Governmeunder this

c caterials portionshall be paid by the Contracentered assign

ent his contract, intoshall

-ef=burserent,and each assignee, under to final an tccadition Ir the time of final a pa):ent under precedentof such refunds, of and as :ent ce lin effect at and substan l eliver , at the tize this contract, an assignment to the Governinterest thereon) in fore credits (including .any Officer Ito the Contracting ior written OV EP. TIME l be used on the work without the pr 3r double time wil lthe Contracting Of ficer.

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' Pne 20 of 23 l ,' -

ARTICLE IX - OBLIGATIONS (a) The amount presently obligated hereunder is $65,000.00 which is estimated to cover a period of p;erformance for one year.

The remaining one yur period of performance will be subject to the availability of funds and it is cont.mplated that additional funds wil! 5e allotted to this contract.

Paynnts by the Government under this contract (b) on Liriitation of Obliertion.

account of allowibfe~ costs.shall not in the aggregate exceed 'the ,' amount obligated hereunder. ,

.. . 'n' hen Oblica tion is Reached. ~

(c) l?otices - Contractor Excused Pendin] Increase

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When the contractor has reason tTNiieve that Tne total cost of the work under this contract will be greater or substantially less than the anount obligated with respect to this contract, the contractor shall promptly notify the Contracting Officer in writing when the aggregate of exper.ditures plus outstanding cocaitments and liabilities allowable under this contract is equal to ninety percent (90%) (or such other.

percentage as the Contracting Officer may from time to time establish by notice to the contractor) of the amount, then obligated"with respect to this contract. When such expenditures and ' outstanding con nitments and liabilities equal one hundred percent (100%) of such amount, the contractor shall imediately notify the Contracting Officer and shall make no further comitments or expenditores (except to meet existing comnitrrents and liabilities) and shall be excused from further perfor-mance of the work ~unless and until the Contracting Of ficer thereafter

,shall increase the an,ount obli. gated wi,th respect to this contract.

(d). Government's Right to Teminate t'ot Affected. The giving of any notice -

by either party under this artWe shall not be' construed to waive or ,

impair any right of the Government to terminate the contract under the provisions of this article entitled, " Termination for Default or for Convenience of the Government".

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ARTICLE X - PRIVATE U$E AND PROTECTION OT UNCLASSIFIED GOVERilMENT INFORMATI0t{ .

.4 . Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, records or other.information, documents and material furnished by the Commission to the contractor in the perfor-cance of this contract, or information developed by the contractor in the

- course of the work hereender, shall be used only in connection with the work perfomed under this contract. The contractor shall, upon completion or termination of this contract, transmit to the Conmission all records or other information, documents and material, and any copies thereof, furnished by the Ccmissien to the contractor or developed by the contractor iri the perfomance of this contract. .

'Page'21_of 23 ,

3. The contractor shall te responsible for safeguarding frcm unauthorized dis-closure any information or other docucents and material exsmpt frcm public l

disclosure by the Cohaission's regulations and made available to the con-.The' tractor in connection with the performance of work under this contract.

contractor agrees to conform to all regulations, requir ements, and directicns.

of~the Corinission with respect to such material. .

f , '

C. The contractor's duties under this clause shall not be construed Lto limit or affect in any way the contrector's obligation.to conform.to all security regulations and requirements of the Connission pertaining to classified information and material.

A?.T1CLE XI _XEY_PER50mlEL Persuant to Clause fio. 40 - Key Personnel, the folicwing individuals are con-sidered to be' essential to the successful performance of the work hereunder and 5;.all not be replaced withcut the prior approval of the Contracting Officer. In s :n event, the contractor agrees to substitute persons possessing substantially equal abilities and qualificaticns satisfactory to the Centracting Officer..

Dr. Roy E. Williams - Hydrogeologist Dr. Muriel S. Robinette'- Geologist Engineer ARTICLE XII TECHNICAL DIRECTION The following authorized representative will represent the Government for ,

the purpose of this contract:

Mr. Leroy Person (301) 427-4545.

The Project Officer is responsible for: (1)-Monitoring the Contractor's ,

technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) ,

interpreting the statement of work; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assis' ting the Contractor in the resolution of technical problems encountered during performance. Within the preview of this authority, the representative is authorized to 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.

For guidance from the Project Officer to the Contractor to be valid, it must: (1) be consistent with the description of work set forth in this contract; (2) not constitute new assignment of work or change to the-expressed terms, conditions, or specifications incorporated into- this-contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; (4) not constitute a basis for any increase in the contract price.

If the Contractor receives guidance from the Project Officer which the Contractor feels, is not valid under the criteria cited above, the Contractor shall imediately notify the Project Officer. If the two are-not able-to resolve the question within 5 days, the Contractor shall notify the Contracting Officer.

Page :2 of 23 ARTICLE XIII BILLifiG IfiSTRUCT10flS_

A. Form. Invoices shall be submitted in an original and four (4) copies on the Contractor's letterhead, invoice, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other Than Personal" '

and Continuation Form 1035. These forms are available from the U.S.

Government Printing Office, 710 North Capitol Street, N.W. , Washington, DC 20S01.

B. Destination. Invoices shall be submitted in the form and number pre-scribed above in Paragraph A to tFe following address:

U.S. Nuclear Regulatory Com.tission Division of Accounting; Office of the Controller Attn: GOV /COM Accounts Section Washington, DC 2d555 C. Frequency. The Contractor shall submit in' voices as frequently as once each month, if desired, unless more frequent billing is authorized by the Contracting Officer.

D. Content

1. Name and address to which payment is to be sent

2. Voucher #

3. Date of Voucher

4. Contract number and date

5. Description of articles or services, laborDetailcategories, hours worked applicable by labor hourly rates, other costs incurred.

category, total amount for each labor category, and total amount

• of voucher.

6. Indicate per'iod covered by invoice.

7. Uhere invoicing is for more than one task order effort, segregate costs associated with each task order. " Task order i _.

8. Final invoice for each task order marked:

Final Invoice" Final Final invoice under contract marked: " Contract i

9. '

Invoice" 9

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Page 23 of 23 ARTICLE XIV GENERAL PROVISIONS FOR FIXED PRICE SUPPLY CONTRACTS (R A. The Contract shall be subject to the fixed Price Supplyhereto, attached Contract which General Provisions, dated June 30, 1980, incorporates the Standard Form 32 (Rev 4-75 General Frovisions, June 1976).

FPR Changes and NRC Additions to Stant'ard Form 32 General Provisions if further modified as follows:

1. Clause No. 32 entitled, "Pinority Business Enterprises Subcontracting-Program" is deleted in its entirety. <

2. Clause No. 33 entitled, " Preference for U. S. Flag Air Carriers" is deleted i.n its entirety.

3. The Clause entitled, " Price Reduction for Defective Cost or Pricing Data," atteched hereto and forming a part hereof, is added as Clause No. 47

4. The Clause entitled, " Audit," attached hereto and forming a part hereof, is added as Clause No. 48

5. The Clause entitled, " Subcontractor Cost or Pricing Data."

attached hereto and forming a part hereof, is added as Clause No. 49

6. The Clause entitled, " Privacy Act," attached hereto and forming a part hereof, is added as Clause No. 50 l ',

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