Services Contract - US Department of Energy and ATG Inc.
------------------------------------------------------------------------------------------------------------------------------------
AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER RATING PAGE OF PAGES
DPAS (15 CFR 350) 1 42
------------------------------------------------------------------------------------------------------------------------------------
2. CONTRACT (Froc. Inst. Ident.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
DE-AC06-95RL13129 01/04/95 95RL13129.000
------------------------------------------------------------------------------------------------------------------------------------
5A. ISSUED BY CODE 6. ADMINISTERED BY (If other than item 5) CODE
---------------------- ------------------
U.S. Department of Energy ATG, INC.
Richland Operations Office 47375 Fremont Blvd.
P.O. Box 550, A7-80 Fremont, CA 94538
Richland, WA 99352
------------------------------------------------------------------------------------------------------------------------------------
7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, state and zip code) 8. DELIVERY
U.S. Small Business Administration
San Francisco Reginal Office [_] F.O.B. ORIGIN [X] OTHER (See below)
211 Main St., 4th Floor
---------------------------------------------
San Francisco, CA 94105 9. DISCOUNT FOR PROMPT PAYMENT
NET (Block 8. Destination)
---------------------------------------------
10. SUBMIT INVOICES ITEM
(4 copies unless otherwise
specified) TO THE ADDRESS G2
---------------------------------------------------------------------------------------
CODE FACILITY CODE SHOWN IN:
------------------------------------------------------------------------------------------------------------------------------------
11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE
---------------------- -------------------
SEE SECTION F SAME AS BLOCK 5
(FINANCIAL MANAGEMENT DIVISION)
------------------------------------------------------------------------------------------------------------------------------------
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATA
[_] 10 U.S.C. 2304 (c) ( ) [X] 41 U.S.C. 235 (c) ( 5 ) EW2010301 89X0242.91
------------------------------------------------------------------------------------------------------------------------------------
15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
SEE SECTION H FOR 8(A) -
SPECIAL CONDITIONS
SEE SECTION B
------------------------------------------------------------------------------------------------------------------------------------
15G. TOTAL AMOUNT OF CONTRACT 8
------------------------------------------------------------------------------------------------------------------------------------
15. TABLE OF CONTENTS
------------------------------------------------------------------------------------------------------------------------------------
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
------------------------------------------------------------------------------------------------------------------------------------
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
------------------------------------------------------------------------------------------------------------------------------------
X A SOLICITATION/CONTRACT FORM 2 X I CONTRACT CLAUSES 6
------------------------------------------------------------------------------------------------------------------------------------
X B SUPPLIES OR SERVICES AND PRICES/COSTS 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
------------------------------------------------------------------------------------------------------------------------------------
X C DESCRIPTION/SPECS./WORK STATEMENT 11 X J LIST OF ATTACHMENTS 3
------------------------------------------------------------------------------------------------------------------------------------
X D PACKAGING AND MARKING 2 PART IV - REPRESENTATIONS AND INSTRUCTIONS
------------------------------------------------------------------------------------------------------------------------------------
X E INSPECTION AND ACCEPTANCE 2 REPRESENTATIONS, CERTIFICATIONS AND OTHER
------------------------------------------------------------ K STATEMENTS OF OFFERORS
X F DELIVERIES OR PERFORMANCE 3
------------------------------------------------------------------------------------------------------------------------------------
X G CONTRACT ADMINISTRATION DATA 4 L INSTRS CONDS., AND NOTICES TO OFFERORS
------------------------------------------------------------------------------------------------------------------------------------
X H SPECIAL CONTRACT REQUIREMENTS 6 M EVALUATION FACTORS FOR AWARD
------------------------------------------------------------------------------------------------------------------------------------
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
------------------------------------------------------------------------------------------------------------------------------------
17.[X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor 18.[_] AWARD (Contractor is not required to sign this document.) Your
is required to sign this document and return ________ offer on Solicitation Number ______________________________________,
copies to issuing office.) Contractor agrees to furnish including the additions or changes made by you which additions or
and deliver all items or perform all the services set changes are set forth in full above, is hereby accepted as to the
forth or otherwise identified above and on any continuation items listed above and on any continuation sheets. This award
sheets for the consideration stated herein. The rights and consummates the contract which consists of the following documents:
obligations of the parties to this award/contract, (b) (a) the Government's solicitation and your offer, and (b) this
the solicitation, if any, and (c) such provisions, award/contract. No further contractual document is necessary.
representations, certifications, and specifications, as are
attached or incorporated by reference herein. (Attachments
are listed herein.)
------------------------------------------------------------------------------------------------------------------------------------
19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER
SEE ATTACHED SHEET SEE ATTACHED SHEET
------------------------------------------------------------------------------------------------------------------------------------
19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. UNITED STATES OF AMERICA 20C. DATE SIGNED
BY _____________________________________________ BY ________________________________________
(Signature of person authoruzed to sign) (Signature of Contracting Officer)
------------------------------------------------------------------------------------------------------------------------------------
NSN 7540-01-152-8069 26-107 *STANDARD FORM 26 (REV. 4-85)
PREVIOUS EDITION NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.214(a)
CERTAIN PORTIONS OF THIS AGREEMENT HAVE BEEN OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION IN CONNECTION WITH A REQUEST FOR
CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT
OF 1933, AS AMENDED.
<PAGE>
SBA SUBCONTRACTOR Page 2
----------------- ------
NAME: ATG. Inc. PRIME CONTRACT NO.: DE-AC06-95RL13129
-------------------- -----------------
____________________
ADDRESS: 47375 Fremont Blvd. SUBCONTRACT NO.: 0912-95-2-01066
-------------------- ---------------
Fremont, CA 94530 CONTRACT MODIFICATION NO.:. __________
--------------------
TEL. NO.: (510) 490-3008
--------------------
SBA SUBCONTRACTOR
-----------------
NAME AND TITLE OF SIGNER Michael L. Wilson
-------------------------------
(TYPE OR PRINT)
Director of Marketing.
-------------------------------
SIGNATURE OF PERSON AUTHORIZED TO SIGN /s/ Michael L. Wilson
-------------------------------
DATE:. 12/29/94
-------------------------
PRIME CONTRACTOR
----------------
NAME AND TITLE OF CONTRACTING OFFICER Patricia Spikener
-------------------------------
Contracting Officer
-------------------------------
SIGNATURE OF PERSON AUTHORIZED TO SIGN _______________________________
DATE: JAN 03 1995
-------------------------
PROCURING OR ADMINISTRATIVE OFFICE
----------------------------------
NAME AND TITLE OF CONTRACTING OFFICER B. L. Ayers
-------------------------------
Contracting Officer
-------------------------------
SIGNATURE OF PERSON AUTHORIZED TO SIGN [SIGNATURE ILLEGIBLE]
-------------------------------
DATE: 12/28/94
------------------------
1
<PAGE>
CONTRACTING OFFICER CERTIFICATE OF PROCUREMENT INTEGRITY
1.) I, Patricia Spikener, hereby certify that, to the best of my knowledge and
-----------------
belief, with the exception of any information described in this certificate,
have no information concerning a violation of subsection (a), (b), (d) or (f) of
Section 27 of the Office of Federal Procurement Policy Act* (41 U.S.C. (S) 423),
as implemented in the FAR, occurring during the conduct of this procurement
contract: DE-AC06-95RL13129 and 0912-95-2-01066
2.) Violations or possible violations:
(Continue on plain bond paper if necessary, and label Contracting Officer
Certificate of Procurement Integrity (Continuation Sheet))
(ENTER "NONE" IF NONE EXISTS.)
NONE.
--------------------------------------------------------------------------------
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
/s/ Patricia Spikener Date: JAN 03, 1995
-------------------------------- ---------------------------
Contracting Officer
*Section 27, as amended, became effective on December 1, 1990. THIS
CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE
UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION
MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE,
SECTION 1001.
<PAGE>
OMB NO.
DE-AC06-95LI 29 5000
------------------------------------------------------------------------------------------------------------------------------------
NOTE: This form is used in contract actions if submission of cost or pricing cost is required (See FAR 15.664-610))
------------------------------------------------------------------------------------------------------------------------------------
2. NAME AND ADDRESS OF OFFEROR (Include Zip Code) 3.A NAME AND TITLE OF OFFEROR'S POINT 3.B TELEPHONE
OF CONTRACT
ALLIED TECHNOLOGY GROUP, INC. MICHEAL L. WILSON
47375 FREMONT BLVD. DIRECTOR OF MARKETING (510) 45
-------------------------------------------------------------------
FREMONT, CA 94538 4. TYPE OF CONTRACT ACTION (Check)
-------------------------------------------------------------------
[X] A. NEW CONTRACT D. LETTER CONTRACT
-------------------------------------------------------------------
B. CHANGE ORDER E. UNPRICED ORDER
-------------------------------------------------------------------
C. PRICE REVISION/ F. OTHER (Specify)
REDETERMINATION
------------------------------------------------------------------------------------------------------------------------------------
5. TYPE OF CONTRACT (Check) 6. PROPOSED COST (A-B-C)
-------------------------------------------------------------------
[_] FFP [_] CPFF [_] CPIF [_] CPAF A. COST B. PROFIT/FEE C. TOTAL
[_] FPI [X] OTHER (Specify) FIXED UNIT PRICE
[CONFIDENTIAL [CONFIDENTIAL $316,800.00
INFORMATION INFORMATION
OMITTED AND FILED OMITTED AND FILED
SEPARATELY WITH THE SEPARATELY WITH THE
SECURITIES AND SECURITIES AND
EXCHANGE EXCHANGE
COMMISSION.] COMMISSION.]
------------------------------------------------------------------------------------------------------------------------------------
7. PLACE(S) AND PERIOD(S) OF PERFORMANCE
U.S. DEPARTMENT OF ENERGY, HANFORD RESERVATION
------------------------------------------------------------------------------------------------------------------------------------
B. List and reference the indentification, quantity and total price proposed for each contract line item. A line item cost
breakdown supporting this required unless otherwise specified by the Contracting Officer. (Continue on reverse, and then on
plain paper, if necessary. Use same headings.)
------------------------------------------------------------------------------------------------------------------------------------
A. LINE ITEM NO. B. IDENTIFICATION C. QUANTITY D. TOTAL PRICE
------------------------------------------------------------------------------------------------------------------------------------
1 [CONFIDENTIAL INFORMATION OMITTED AND FILED 1 LOT $316,800.00
SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION.] ESTIMATED POUNDS X $[CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION.]
------------------------------------------------------------------------------------------------------------------------------------
B. PROVIDE NAME, ADDRESS, AND TELEPHONE NUMBER FOR THE FOLLOWING (If available)
------------------------------------------------------------------------------------------------------------------------------------
A. CONTRACT ADMINISTRATION OFFICE B. AUDIT OFFICE
US DEPARTMENT OF ENERGY DEFENCE CONTRACT AUDIT AGENCY
RICHLAND OPERATIONS OFFICE 39510 PASEO PADRE PARKWAY
P.O. BOX 550 FREMONT, CA 94538
RICHLAND, WA 99352
------------------------------------------------------------------------------------------------------------------------------------
10. WILL YOU REQUIRE THE USE OF ANY 11.A DO YOU REQUIRE GOVERNMENT 11.B TYPE OF FINANCING:
GOVERNMENT PROPERTY IN THE CONTRACT FINANCING TO [_] ADVANCE PAYMENTS [X] PROGRAM PAYMENTS
PERFORMANCE OF THIS WORK: PERFORM THIS PROPOSED [_] GUARANTEED LOANS
(If "Yes" identify) CONTRACT: (If "Yes,"
complete Item 11B)
[_] YES [X] NO [X] YES [_] NO
------------------------------------------------------------------------------------------------------------------------------------
12. HAVE YOU BEEN AWARDED ANY 13. IS THIS PROPOSAL CONSISTENT WITH YOUR ESTABLISHED ESTIMATING AND ACCOUNTING
CONTRACTS OR SUBCONTRACTS PRACTICES AND PROCEDURES AND FAR PART 31 COST PRINCIPLES: (If "No" explain)
FOR THE SAME OR SIMILAR
ITEMS WITHIN THE PAST
3 YEARS:
(If "Yes," identify item(s),
customer(s), and contract number(s)),
[_] YES [X] NO [_] YES [X] NO
------------------------------------------------------------------------------------------------------------------------------------
14. COST ACCOUNTING STANDARDS BOARD (CASB) DATA (Public Low 91.379 as amended and FAR PART 30)
------------------------------------------------------------------------------------------------------------------------------------
A. WILL THIS CONTRACT ACTION BE SUBJECT B. HAVE YOU SUBMITTED A CASE DISCLOSURE STATEMENT
TO CASE REGULATIONS: (If "No," explain in proposal) (CASB DS. 1 OR 2)? (If "Yes," specify in proposal the
office to which submitted and if determined to be
adequate)
[_] YES [X] NO SMALL BUSINESS EXEMPTION [_] YES [X] NO
------------------------------------------------------------------------------------------------------------------------------------
C. HAVE YOU BEEN NOTIFIED THAT YOU ARE OR MAY BE D. IS ANY ASPECT OF THIS PROPOSAL INCONSISTENT WITH
IN NONCOMPLIANCE WITH YOUR DISCLOSURE STATEMENT OR YOUR DISCLOSED PRACTICES OR APPLICABLE COST
COST ACCOUNTING STANDARDS? (If "Yes," explain in proposal) ACCOUNTING STANDARDS?
(If "Yes," explain in proposal)
[_] YES [X] NO [_] YES [X] NO
------------------------------------------------------------------------------------------------------------------------------------
This proposal is submitted in response to the R.F.P. contract, modification, etc, in item 1 and reflects our best
estimates [illegible] costs as of this date and conforms with the instructions in FAR 1S.804.6(b) (2). Table 15.2. By
submitting this proposal, the offeror if selected for negotiation, grants the contracting officer or an authorized
representative the right to examine, at any time before award, those books records, documents and other types of factual
information, regardless of form or whether such supporting information is specifically referenced or included in the
proposal as the basis for pricing, that will permit and adequate evaluation of the proposed price.
------------------------------------------------------------------------------------------------------------------------------------
15. NAME AND TITLE (Type) 16. NAME OF FIRM
MICHAL L. WILSON, DIRECTOR OF MARKETING ALLIED TECHNOLOGY GROUP, INC.
------------------------------------------------------------------------------------------------------------------------------------
17. SIGNATURE 18. DATE OF SUBMISSION
/s/ Michael L. Wilson 12-29-94
------------------------------------------------------------------------------------------------------------------------------------
<PAGE>
SPECIAL CLAUSES FOR 8(A) TRIPARTITE CONTRACTS
Section 8(a) Award
Reference FAR 52.219-17
SECTION 8(a) AWARD (FEB 1990)
(a) By execution of a contract, the Small Business Administration (SBA) agrees
to the following:
(1) To furnish the supplies or services set forth in the contract
according to the specifications and the terms and conditions by
subcontracting with the Offeror who has been determined an eligible
concern pursuant to the provisions of Section 8(a) of the Small
Business Act, as amended (15 USC 637[a]).
(2) Except for novation agreements and advance payments, delegates to the
U.S. Dept. of Energy, Richland, WA the responsibility for
administering the contract with complete authority to take any action
on behalf of the Government under the terms and conditions of the
contract; provided, however, that the contracting agency shall give
advance notice to the SBA before it issues a final notice terminating
the right of the subcontractor to proceed with further performance,
either in whole or in part, under the contract.
(3) That payments to be made under the contract will be made directly to
the subcontractor by the contracting activity.
(4) To notify the U.S. Dept. of Energy, Richland, WA Contracting Officer
immediately upon notification by the subcontractor that the owner or
owners upon whom 8(a) eligibility was based plan to relinquish
ownership or control of the concern.
(b) The offeror/subcontractor agrees and acknowledges that it will, for and on
behalf of the SBA, fulfill and perform all of the requirements of the
contract.
(End of Clause)
CONTRACT SPECIFIC CLAUSES
Since FAR 52.219-17 omits two important clauses that would be contained in
52.219-12 if there were a separate subcontract, SBA requests that the following
clauses be included in the contract as Contract Specific Clauses:
A. "That Allied Technology Group, Inc. will not subcontract the performance of
any of the requirements of the subcontract to any lower tier subcontractor
without the prior written approval of the SBA and the Designated
Contracting Officer of the U.S. Dept. of Energy, Richland, WA."
B. "That Allied Technology Group, Inc., awarded a subcontract hereunder,
shall have the right of appeal from decisions of the Contracting Officer
cognizable under the "Disputes" clause of said contract."
"A copy of the acceptance document and a copy of the final payment document
will be provided to SBA."
<PAGE>
Prime Contract No. DE-AC06-95RL13129
Subcontract No. 0912-95-2-01066
Reference FAR 52.219-14
LIMITATIONS ON SUBCONTRACTING (JAN 1991)
(a) This clause does not apply to the unrestricted portion of a partial set-
aside.
(b) By submission of an offer and execution of a contract, the
Offeror/Contractor agrees that in performance of the contract in the case
of a contract for --
(1) Services (except construction). At least 50 percent of the cost of
contract performance incurred for personnel shall be expended for
employees of the concern.
(2) Supplies (other than procurement from a regular dealer in such
supplies). The concern shall perform work for at least 50 percent of
the cost of manufacturing the supplies, not including the cost of
materials.
(3) General Construction. The concern will perform at least 15 percent of
the cost of the contract, not including the cost of materials, with
its own employees.
(4) Construction by special trade contractors. The concern will perform
at least 25 percent of the cost of the contract, not including the
cost of materials, with its own employees.
(End of clause)
<PAGE>
52.219-22 SIC CODE AND SMALL BUSINESS SIZE STANDARD.
As prescribed in 19.304(d), insert the following provision:
SIC CODE AND SMALL BUSINESS SIZE STANDARD
(JAN 1991)
(a) The standard industrial classification (SIC) code for this acquisition
is 8744.
(b) (1) The small business size standard is 500 employees.
(2) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself manufacture
is 500 employees.
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RLI3129
SECTION C
PART I - THE SCHEDULE
SECTION C
STATEMENT OF WORK
TABLE OF CONTENTS
Subsection Title
---------- -----
C-1 Statement of Work
5
<PAGE>
CONTRACT NO.
DE-ACO6-95RLI3129
STATEMENT OF WORK
SECTION C
STATEMENT OF WORK
FOR
LOW-LEVEL RADIOACTIVE WASTE
VOLUME REDUCTION SERVICES
Introduction
------------
The U. S. Department of Energy, Richland Operations Office (RL) (hereafter
referred to as the Government in this document) is seeking the services of a
vendor to volume reduce low level waste and transport it for disposal at the
Hanford Site. Normal operations, as well as site cleanup activities at Hanford
and other Government sites, result in the generation of large volumes of low-
level radioactive waste. The Government is responsible for characterizing,
managing, and disposing of all low-level waste generated at the facility. Most
of the low level waste is currently being disposed of in shallow land burial
trenches. In this regard, the Government has a two-fold objective: to improve
the efficiency of low level waste disposal, and to preserve the valuable land
resource by employing techniques to reduce the volume of the low-level waste
before it is placed in the disposal trench.
The Government is seeking the services of vendors (hereafter referred to as the
"Contractor" in this document) with the capability to receive low-level
radioactive waste, significantly reduce the volume of the low level waste by
sorting and compacting the waste, and transport it for disposal at the Hanford
low level waste facilities.
Low level waste streams whose reduction can be enhanced using technologies not
available on the Hanford Site shall be considered for this contract; upon
development and initiation of any future reduction capabilities at Hanford, low
level waste streams which can utilize those capabilities shall be processed at
Hanford.
As appropriate, the Contractor will supply procedures, requirements, containers,
transportation, and volume reduction processing for low-level waste. After
reducing the low level waste volume, the Contractor will transport the low level
waste to Hanford. The Contractor will be required to certify:
. the amount of volume reduction achieved,
. that all low level waste received from the Government has been
returned, and
6
<PAGE>
CONTRACT NO.
DE-AC06-95RLI3129
STATEMENT OF WORK
SECTION C
. that the returned low level waste meets the Hanford Waste Acceptance
Criteria for disposal.
The Contractor has the option to subcontract work which can not be performed at
Contractor's facility to other vendors. The Contractor's subcontractors (if any)
must be accomplished in accordance with Section H, H-3, FAR 52. 219-14
--------------
LIMITATION ON SUBCONTRACTING (JAN 1991) and authorized by the Contracting
---------------------------------------
Officer. The Government will ship only to the Contractor's one designated
receiving facility, unless, the Contractor can not accept the low level waste at
his designated facility due to a regulatory restriction.
Regulations and Requirements
----------------------------
Regulations and requirements applicable to low level waste packaging,
transportation, and disposal at the Hanford Reservation are included in this
document. The Contractor/s is responsible to know of the regulations and
requirements applicable to these same elements at its own facility.
Description of the Low Level Waste Materials
--------------------------------------------
The low level wastes to be processed are dry materials, contaminated by
radioactive isotopes in concentrations less than or equal to those specified for
Category 1 waste in the Hanford Site Solid Waste Acceptance Criteria (WHC-EP-
0063, latest revision). The low level waste consists of paper, plastic, wood,
metal, glass, and general debris (such as concrete and steel) from the
decontamination and decommissioning of existing nuclear facilities.
The Government anticipates approximately 36,000 cubic feet (288,00 lbs. ) of low
level waste will require volume reduction processing for fiscal year 1995. In
accordance with Hanford requirements, the Government must describe the isotopes
present in the low level waste and certify that they do not exceed the Hanford
Site Solid Waste Acceptance Criteria prior to shipping low level wastes from the
place where they are generated. Low-level radioactive waste is generated
throughout the Hanford Reservation.
Services
--------
The volume reduction services provided by the Contractor will include at least
the following:
1. Pick-up of low level waste materials at the generator's normal
load-out locations.
7
<PAGE>
CONTRACT NO.
DE-AC06-95RL13129
STATEMENT OF WORK
SECTION C
5. Submit to the Government, for approval, requirements and instructions
for characterizing, segregating and packaging low level waste to be
shipped by the Contractor to the Contractor's facilities.
6. Within twenty days of award, submit to the Government, for approval, a
quality Assurance program in accordance with the Quality Assurance
section of this Statement of Work (SOW).
7. Within twenty days of award, submit to the Government, for approval,
all program plans, instructions, procedures, etc. , required for
compliance with the Hanford Site Solid Waste Acceptance Criteria.
8. Maintain a tracking system for showing the relationship between the
material received and the material treated and/or shipped. This
tracking system shall be maintained for a minimum of one year after
contract end-date.
9. Maintain documentation on the characterization of the waste being
shipped from their facility to the Government.
10. Maintain the capability to identify and safe keep any potential
radioactive mixed waste (RMW) that might be discovered. Upon
discovery, the Contractor will notify the Government. The RMW will be
characterized as per WAC 173-303 by the Contractor, unless otherwise
directed by the Government. When the contractor has determined that
RMW has been received by contract, the Government shall remove the RMW
within 30 days. The contractor will sign as the generator on the
uniform hazardous waste manifest. All costs associated with
characterization of the RMW will be reimbursed in accordance with
Section B, Attachment A, Price Schedule. Supply/Services, Clin 0002.
11. Government's containers shall be reused, compacted or returned to the
government at the government's option.
12. Assist Government when verifying container contents prior to shipment
of waste to Government.
13. Affix a Government specified bar code to all containers being returned
for disposal.
14. Segregate Government waste from all other waste. Cross-contamination
is prohibited unless written pre-approval is obtained from the
Government.
9
<PAGE>
CONTRACT NO.
DE-AC06-95RL13129
STATEMENT OF WORK
SECTION C
15. Return to the Government all radionuclides from waste sent to the
Contractor under this program. Containers and waste shall be complaint
with the requirements in the Hanford Site Solid Waste Acceptance
Criteria, WHC-EP-0063.
16. Submit a draft disposal record in accordance with WHC-EP-0063 for each
container of processed waste and residues being returned to the
Government within 15 working days prior to shipment. This record shall
include characterization information. Also include with the record
inventory sheets of contents for each processed waste container
returned to the Government.
17. Correct deficiency of container returned by the Government to the
Contractor due to nonconformance with receipt criteria or the Hanford
Site Solid Waste Acceptance Criteria.
18. Segregate waste of different Government waste generators. from each
other unless written approval is provided by the Government.
Incidental cross contamination between generators is permissible.
The Contractor shall accept and transport all radioactive waste (when
accompanied with the appropriate documentation) on an "as needed" schedule to be
determined by the Government's Technical Representative or Westinghouse Hanford
Technical Monitor. The Contractor shall review and approve the shipping
documents and other supporting documents prepared by the Government prior to the
low level waste leaving the generator site.
Low level waste shall be transported by the Contractor to their facility where
the labor, materials, and equipment shall be provided for proper low level waste
management in accordance with applicable federal, state, and local requirements.
Contractor shall certify and warrant its compliance with all federal, state, and
local requirements and regulations.
All facilities (other than the one designated receiving facility) used during
the management of the Government's low level waste will be considered a
subcontractor to the Contractor (even if it is a subdivision of the primary
contractor). The Contractor is responsible for ensuring that subcontractors meet
all requirements of the SOW. The Contractor shall be responsible for
transporting the low level waste to the Government's facilities. The Contractor
shall sign as the transporter on the new (return) shipping documents. The
Government will only accept return shipments from the Contractor (not the
subcontractors). Subcontractors utilized under the performance of this SOW must
meet all the applicable terms and conditions and the limitations of this
Contract and SOW.
10
<PAGE>
CONTRACT NO.
DE-AC06-95RL13129
STATEMENT OF WORK
SECTION C
The Contractor shall notify the Government in writing immediately upon
cancellation of transportation and/or environmental insurance policies. The
Contractor shall notify the Government 30 calendar days in advance of any
material changes or reduction in coverage under transportation and environmental
insurance policies. The Government will notify Contractor of low level waste
materials ready for pick-up 30 days in advance of required pick-up. The
Government will designate a Point-Of-Contact (POC) or alternate for all low
level waste transactions, including scheduling and location of low level waste
for pick-up and low level waste identification.
The Contractor shall have documented and implemented procedures (or an
equivalent documentation system) for onsite and transportation emergencies.
Contractor's Facility Audits and Inspections
--------------------------------------------
The Government reserves the right to inspect/audit Contractor's facility for
information purposes before and after award. Contractor shall allow Government's
contractor personnel to access their facility. The Government's inspection/audit
team may include non-RL personnel. The audit report may be shared with other
Government sites and their contractors. After award of the contract, the
Contractor shall allow the Government to inspect/audit their facility for
compliance to applicable requirements at any time during the performance
interval (normally on a quarterly basis, if deemed necessary).
Prior to award of the contract, the Contractor shall notify the Government if
any of the following conditions exist:
. Contractor's Corporate Officers working under assumed names for
other businesses.
. Contractor's Company operating in other locations or areas of jurisdiction
under different names.
. Outstanding violations, citations, or pending actions promulgated against
the Contractor's Company or Subcontractors by a regulatory agency.
During the contract's period of performance, the Contractor shall immediately
notify the Government in writing of any changes to the above conditions occur
and including, but not limited to:
. Violations, citations or pending actions promulgated against the
Contractors Company or subcontractors by a regulatory agency.
11
<PAGE>
CONTRACT NO.
DE-AC06-95RL13129
STATEMENT OF WORK
SECTION C
. Significant changes to the operations or organization of the Contractor's
Company.
The Contractor, or it's subcontractors, shall perform corrective actions on
items disclosed during the Government's inspections/audits. If the Contractor,
or it's subcontractors, refuse or are unable to perform such corrective action
in a timely manner, the Government reserves the right to terminate this
contract, in whole or in part, for convenience or default pursuant to the
Termination provisions in the contract.
Low Level Waste Inspection/Verification
---------------------------------------
The Government will inspect and verify low level waste shipments performed by
the Contractor to the Hanford Site on an "as needed" basis. The inspections will
be performed to ensure that:
. The low level waste being shipped by the Contractor conforms with the
conditions of this SOW and the Hanford Site Solid Waste Acceptance
Criteria, and;
. That the volume reductions specified by the Contractor on the pricing
schedule have been achieved.
If the amounts of volume reduction specified on the price schedule are not being
achieved by the Contractor, the Government reserves the right to terminate the
contract or to renegotiate pricing, in accordance with the terms and conditions
of this Contract and SOW.
The Government will periodically assess the Contractor's performance to the
reduction volumes specified by the Contractor in the Pricing Schedule and/or
Work Plan. The Contractor shall meet their specified volume reduction
commitments at the densities specified in the pricing schedule and/or the
Contractor Work Plan. If the Contractor does not meet their volume reduction
commitments, the Government shall assess the Contractor for the extra volume at
the current/actual Hanford Site low level waste burial rates.
Low Level Waste Transport
-------------------------
The Government will properly package, mark, and label all low level wastes
covered by the SOW prior to low level waste pick-up by the Contractor. U.S.
Department of Transportation compliance is rigidly enforced.
12
<PAGE>
CONTRACT NO.
DE-AC06-95RL13129
STATEMENT OF WORK
SECTION C
All low level waste transportation shall be performed in compliance with U.S.
Department of Transport regulations (49 CFR). The Contractor shall transport
Hanford's low level waste in vehicles dedicated solely to radioactive waste
hauling. Transportation equipment which is not appropriate for the Government's
low level waste will not be loaded and will be returned to the Contractor at no
expense to the Government.
Contractor's drivers shall be trained in proper low level waste handling
procedures, personal protection, regulatory compliance, and spill emergency
response. Contractor's vehicles shall carry spill kits, Spill Prevention Control
and Countermeasures plans, and emergency response guidebooks. The Contractor
shall be responsible for properly securing and transporting the low level waste
in accordance with all state and federal transportation regulations. The
Contractor shall obtain all applicable transportation permits prior to taking
possession of the low level waste. Title and risks to the low level waste
obtained under this SOW shall pass to the Contractor when it is placed onto the
Contractor's vehicle at the direction of Contractor's representatives.
Remedial actions on any spills which may occur during the transport of low level
waste shall be the responsibility of the Contractor. After receiving the low
level waste, the Contractor shall sign and return the "original" copy of the
radioactive shipment record within 30 calendar days of the shipment date.
All shipments will require inspection for compliance with U.S. Department of
Transportation regulations prior to entering and leaving the Hanford site.
Radiation monitoring will be performed on all low level waste shipments leaving
the Hanford site. The Government's transportation department located at 2355
Stevens Drive, Richland, Washington, will inspect and validate all low level
waste shipments and co-sign the Government's Offsite Radioactive Shipment
Record.
The Contractor shall strictly comply with all Government safety requirements and
Onsite Services Provisions when operating at the Government's facility. The
Government and the Contractor shall both have the authority to "stop work"
whenever a safety concern is identified.
The Government will provide support operators (Health Physics, crafts, etc. ) to
assist the Contractor in transferring the low level waste onto the Contractor's
vehicle at no cost to the Contractor. The Contractor shall be responsible for
properly loading, securing, and transporting the low level waste in accordance
with all local, State, and Federal transportation regulations. The Contractor
shall obtain all applicable permits prior to taking possession of the low level
waste. The Government will also provide security escorts as required onsite.
13
<PAGE>
CONTRACT NO.
DE-AC06-95RL13129
STATEMENT OF WORK
SECTION C
Quality Assurance
-----------------
The Contractor shall have in place a Quality Assurance program that incorporates
the following criteria:
1. Management
A. Program. Organizations shall develop, implement, and
maintain a written Quality Assurance Program (QAP). The QAP
shall describe the organizational structure, functional
responsibilities, levels of authority, and interfaces for those
managing, performing, and assessing adequacy of work. The QAP
shall describe the management system, including planning,
scheduling, and cost control considerations.
B. Personnel Training and Qualification. Personnel shall be
trained and qualified to ensure they are capable of performing
their assigned work. Personnel shall be provided continuous
training to ensure that job proficiency is maintained.
C. Quality Improvement. The organization shall establish and
implement processes to detect and prevent quality problems and to
ensure quality improvement. Items and processes that do not meet
established requirements shall be identified, controlled, and
corrected. Correction shall include identifying the causes of
problems and preventing recurrence. Item reliability, process
implementation, and other quality related information shall be
reviewed and the data analyzed to identify items and processes
needing improvement.
D. Documents and Records. Documents shall be prepared, reviewed,
approved, issued, used, and revised to prescribe processes, and
specify requirements, or establish design. Records shall be
specified, prepared, reviewed, approved, and maintained.
2. Performance
A. Work Processes. Work shall be performed to established
technical standards and administrative controls. Work shall be
performed under controlled conditions using approved
instructions, procedures, or other appropriate means. Items shall
be identified and controlled to ensure their proper use. Items
shall be maintained to prevent their damage, loss, or
deterioration. Equipment used for process monitoring or data
collection shall be calibrated and maintained.
14
<PAGE>
CONTRACT NO.
DE-AC06-95RL13129
STATEMENT OF WORK
SECTION C
B. Procurement. The organization shall ensure that procured
items and services meet established requirements and perform as
specified. Prospective suppliers shall be evaluated and selected
on the basis of specified criteria. The organization shall ensure
that approved suppliers can continue to provide acceptable items
and services.
C. Inspection an Acceptance Testing. Inspection and acceptance
testing of specified items and processes shall be conducted using
established acceptance and performance criteria. Equipment used
for inspections and tests shall be calibrated and maintained.
3. Assessment
A. Management Assessment. Management at all levels shall
periodically assess the integrated quality assurance program and
its performance. Problems that hinder the organization from
achieving its objectives shall be identified and corrected.
B. Independent Assessment. Planned and periodic independent
assessments shall be conducted to measure item quality and
process effectiveness and to promote improvement. The
organization performing independent assessments shall have
sufficient authorization and freedom from the line organization
to carry out its responsibilities. Persons conducting independent
assessments shall be technically qualified and knowledgeable in
the areas assessed.
15
<PAGE>
CONTRACT NUMBER
DE-AM06-95RL13129
SECTION D
PART I - THE SCHEDULE
SECTION D
PACKAGING AND MARKING
TABLE OF CONTENTS
Subsection Title
---------- -----
D-1 Packaging
D-2 Marking
D-3 Packing List
16
<PAGE>
CONTRACT NUMBER
DE-AM06-95RL13129
SECTION D
SECTION D
PACKAGING AND MARKING
D-1 PACKAGING
---------
Preservation, packaging, and packing for shipment or mailing of all work
delivered hereunder shall be in accordance with good commercial practice
and adequate to insure acceptance by common carrier and safe transportation
at the most economical rate(s).
Reports and deliverables under this contract shall be mailed by first-class
mail unless the urgency of the deliverable sufficiently justifies the use
of registered mail or private parcel delivery services.
D-2 MARKING
-------
Each package, report, or other deliverable shall be accompanied by a letter
or other document which:
1. Identifies the contract under which the item is being delivered.
2. Identifies the deliverable item number or report requirement which
requires the delivered item(s).
3. Indicates whether the Contractor considers the delivered item to be
partially or totally in compliance with the reporting requirement.
D-3 PACKING LIST
------------
A packing list or other suitable shipping document shall accompany each
shipment and shall show the (a) name and address of consignor, (b) the name
and address of consignee, (c) Government contract number (and delivery
order number, if used), (d) Government bill of lading number covering the
shipment, if any, and (e) description of the material shipped, including
item number, quantity, number of containers, and package number, if any.
17
<PAGE>
CONTRACT NUMBER
DE-AM06-95RL13129
SECTION D
PART I - THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
TABLE OF CONTENTS
Subsection Title
E-1 Inspection
E-2 Acceptance
Note: See Section "I" titled Contract Clauses, form set DOE List 301S,
clause number 60, FAR 52. 246-4 "Inspection of Services-Fixed Price"
(FEB 1992).
18
<PAGE>
CONTRACT NUMBER
DE-AMO6-95RL13129
SECTION E
SECTION E
INSPECTION AND ACCEPTANCE
E-1 INSPECTION
----------
Inspection of all services under this contract shall be accomplished by the DOE
project manager or any other duly authorized Government representative.
E-2 ACCEPTANCE
----------
Acceptance of all services under this contract (including Reporting
Requirements, if any) shall be accomplished by the contracting officer or his
designated representatives.
19
<PAGE>
CONTRACT NUMBER
DE-AMO6-95RL13129
SECTION E
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
TABLE OF CONTENTS
Subsection Title
---------- -----
F-1 Period of Performance
F-2 Principal Place of Performance
and Delivery
F-3 Stop-Work Order
20
<PAGE>
CONTRACT NUMBER
DE-AM06-95RL13129
SECTION F
SECTION F
DELIVERIES OR PERFORMANCE
F-1 PERIOD OR PERFORMANCE
---------------------
The period of performance for the contract will be for a period of one year
with four (4) one (1) year term extension options, unless sooner
terminated.
F-2 PRINCIPAL PLACE OF PERFORMANCE AND DELIVERY
-------------------------------------------
The principal place of performance of the contract shall be at the Hanford
Site, Richland, Washington, and areas approved by the Contracting Officer.
F-3 52.212-13 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)
-------------------------------------------------------------
(a) The Contracting Officer may, at any time, by written order to the
Contractor, require the Contractor to stop all, or any part, of the
work called for by this contract for a period of 90 days after the
order is delivered to the Contractor, and for any further period to
which the parties may agree. The order shall be specifically
identified as a stop-work order issued under this clause. Upon receipt
of the order, the Contractor shall immediately comply with its terms
and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of work
stoppage. Within a period of 90 days after a stop-work order is
delivered to the Contractor, or within any extension of that periods
to which the parties shall have agreed, the Contracting Officer shall
either -
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the
Termination clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the
period of the order or any extension thereof expires, the Contractor
shall resume work. The Contracting Officer shall make an equitable
adjustment in the delivery schedule, the estimated cost, the fee, or a
combination thereof, and in any other terms of the contract that may
be affected, and the contract shall be modified, in writing,
accordingly, if -
21
<PAGE>
CONTRACT NUMBER
DE-AM06-95RL13129
SECTION F
(1) The stop-work order results in an increase in the time required
for, or in the Contractor's cost properly allocable to, the
performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days
after the end of the period of work stoppage; provided, that, if
the Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon a proposal submitted
at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order
is terminated for the convenience of the Government, the Contracting
Officer shall allow reasonable costs resulting from the stop-work
order in arriving at the termination settlement.
(D) If a stop-work order is not canceled and the work covered by the order
is terminated for default, the Contracting Officer shall allow, by
equitable adjustment or otherwise, reasonable costs resulting from the
stop-work order.
22
<PAGE>
CONTRACT NUMBER
DE-AMO6-95RL13129
SECTION G
PART I - THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
TABLE OF CONTENTS
Subsection Title
---------- -----
G-1 Representations and Certifications
G-2 Correspondence Procedures
G-3 Contract Administration
G-4 Invoice Requirements
G-5 Invoice Submission
G-6 FAR 52.232-28 Electronic Funds Transfer Payment
Methods. (APR 1989)
(See Section I, Clause 53)
23
<PAGE>
CONTRACT NUMBER
DE-AM06-95RL13129
SECTION G
SECTION G
CONTRACT ADMINISTRATION
G-1 REPRESENTATIONS AND CERTIFICATIONS
----------------------------------
The attached Representations and Certifications are hereby incorporated
into this contract.
G-2 CORRESPONDENCE PROCEDURES
-------------------------
The promote timely and effective administration, correspondence submitted
under this contract shall be subject to the following procedures:
(a) Technical Correspondence
------------------------
Technical correspondence (as used herein, excludes correspondence
which proposes or otherwise involves waivers, deviations, or
modifications to the requirements, terms, or conditions of this
contract) shall be addressed to the Contracting Officer's
Representative (COR), with copies to the DOE Richland Field Officer
staff as directed by the Contracting Officer (CO).
(b) Other Correspondence
--------------------
All correspondence, other than technical correspondence, shall be
addressed to the DOE Contracting Officer with information copies of
correspondence to the COR. All correspondence shall reference the
contract number.
(c) Invoices
--------
Invoices shall be directed to the DOE Contracting Officer at the
address stated in Section G-3. Invoices shall be paid in accordance
with the Prompt Payment clause (52.323-25) in Section I of this
contract.
24
<PAGE>
CONTRACT NUMBER
DE-AM06-95RL13129
SECTION G
G-3 CONTRACT ADMINISTRATION
-----------------------
The Contractor shall use one of the following Government contacts, as
applicable, as the focal point for all matters regarding this contract,
except technical matters.
(a) Doe Contracting Officer
-----------------------
The Contracting Officer identified below shall be the focal point of
contact under this contract for all contractual matters, except
technical matters:
U. S. Department of Energy
Procurement Division
Attn: Bernard L. Ayers
Contracting Officer
MS A7-80
P. O. Box 550
Richland, WA 99352
Telephone No. (509) 376-8601
(b) Doe Contract Administrator
--------------------------
DOE Contract Administrator for the contract is the focal point of
contact for contract administration and is located at the address
above and is as follows:
Contract Administrator: Jimm Jarrett Jr
Telephone: (509) 372-2074
(c) Contracting Officer's Representative
------------------------------------
The DOE Contracting Officer's Representative (COR) is the point of
contact on technical matters (see Section G-2 (a) above for
definition), subject to the restrictions in Section H-1 entitled
"Technical Direction." The COR's address is as follows:
COR: Dennis W. Claussen
MS S7-55
Telephone: (509) 372-0938
25
<PAGE>
CONTRACT NUMBER
DE-AMO6-95RL13129
SECTION E
G-4 INVOICE REQUIREMENTS
--------------------
(a) Invoices shall be submitted in an original and three (3) copies to the
Government office designated in this contract. To constitute a proper
invoice, the invoice must include sufficient information in which to
effect payment.
G-5 INVOICE SUBMISSION
------------------
Invoices shall be submitted to the following address:
See Subsection G-3(a) of Section G.
G-6 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS(FAR 52.232-28)(APR 1989)
------------------------------------------------------------------
See Section I, Clause 53, Page 22.
26
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION H
PART I - SCHEDULE
SECTION H
SPECIAL CONTRACT REQUIREMENTS
TABLE OF CONTENTS
Subsection Title
---------- -----
H-1 Technical Direction - Contracting
Officer's Representative/
Technical Monitor
H-2 Modification Authority
H-3 FAR 52.219-14 Limitations on Subcontracting (Jan 1991)
H-4 FAR 52.219-17 Section 8(a) Award
H-5 DEAR 953.212-72 Uniform Reporting System
H-6 SUBCONTRACTING - THE GOVERNMENT'S RIGHT OF ACCESS
27
<PAGE>
CONTACT NUMBER
DE-AC06-95RL13129
SECTION H
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-1 TECHNICAL DIRECTIONS - CONTRACTING OFFICER'S REPRESENTATIVE (COR)\TECHNICAL
---------------------------------------------------------------------------
MONITOR (TM)
------------
(a) Performance of the work under this contract shall be subject to the
technical direction of the "Contracting Officer's Representative (COR)
and/or "Technical Monitor (TM)" who will be designated in writing by
the Contracting Officer. The Contracting Officer may from time to time
designate others, in writing, to be the COR and/or TM by letter
without formal contract modification. The term "technical direction"
is defined to include, without limitation:
(1) Directions to the Contractor which redirect the contract effort,
shift work emphasis between work areas or tasks, require pursuit
of certain lines of inquiry, fill in details or otherwise serve
to accomplish the contractual "Statement of Work."
(2) Provision of written information to the Contractor which assists
in the interpretation of portions of the work description.
(3) Review and, where required by the contract, approval of reports
and information to be delivered by the Contractor to the
Government under this contract.
(4) Performance of other duties in connection with technical
administration of the contract and monitoring of the Contractor's
performance, as specifically designated by the Contracting
Officer in writing.
(b) Technical direction must be within the scope of work stated in this
contract. The COR nor TM has the authority to, and may not, issue any
technical direction which:
(1) Constitutes an assignment of additional work outside the
Statement of Work.
(2) Constitutes a change, as defined in the Contract Clause entitled
"Changes - Cost-Reimbursement - Alternate 1."
28
<PAGE>
CONTRACT NUMBER
DE-AC06-95RL13129
SECTION H
(3) In any manner causes an increase or decrease in the final price
or the time required for contract performance.
(4) Changes any of the express terms, conditions, or specifications
of this contract.
(5) Interferes with the Contractor's right to perform under the terms
and conditions of this contract.
(c) All technical directions shall be issued in writing by the COR or TM.
(d) The Contractor shall proceed promptly in accordance with technical
directions duly issued by the COR or TM in the manner prescribed and
within his authority under the provisions of this Subsection.
If, in the opinion of the Contractor, any instruction or direction by
the COR or TM is within one of the categories defined in paragraphs b.
1 through 5 above, the Contractor shall not proceed but shall notify
the Contracting Officer immediately and confirm such notification in
writing within five (5) working days after receipt of any such
instruction or direction and shall request the Contracting Officer to
modify the contract accordingly. Upon receiving such notification from
the Contractor, the Contracting Officer shall:
(1) Advise the Contractor in writing within thirty (30) days after
receipt of the Contractor's letter that the direction is
technical direction as defined above and does not constitute a
change under the "Changes - Cost-Reimbursement - Alternate 1"
clause of this contract; or
(2) Inform the Contractor in writing within thirty (30) days after
receipt of the Contractor's letter not to perform the direction
and to cancel the direction; or
(3) Advise the Contractor within a reasonable time that the
Government will issue a written change order/modification.
(e) The Contractor shall comply with the Contracting Officer's decision,
but may pursue its remedies under the contract clause entitled
"Disputes-Alternate I." If the Contractor follows an instruction or
direction which he believes is within one of the categories in b.1
through 5 above, without following the procedure described in (d)
above, the Contractor does so at his own risk.
29
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION H
H-2 MODIFICATION AUTHORITY
----------------------
Notwithstanding any of the other provisions of this contract, a Contracting
Officer shall be the only individual on behalf of the Government authorized
to:
(a) Accept nonconforming work;
(b) Waive any requirement of this contract; or
(c) Modify any term or condition of this contract.
H-3 FAR 52. 219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 1991)
--------------------------------------------------------
(a) This clause does not apply to the unrestricted portion of a partial
set-aside.
(b) By submission of an offer and execution of a contract, the
Offeror/Contractor agrees that in performance of the contract in the
case of a contract for--
(1) Services (except construction). At least 50 percent of the cost
of contract performance incurred for personnel shall be expended
for employees of the concern.
(2) Supplies (other than procurement from a regular dealer in such
supplies). The concern shall perform work for a least 50 percent
of the cost of manufacturing the supplies, not including the cost
of materials.
(3) General construction. The concern will perform at least 15
percent of the cost of the contract, not including the cost of
materials, with its own employees.
(4) Construction by special trade contractors. The concern will
perform at least 25 percent of the cost of the contract, not
including the cost of materials, with its own employees.
30
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION H
H-4 FAR 52.219-17. SECTION 8(A) AWARD. (FEB 1990)
---------------------------------------------
(a) By execution of a contract, the Small Business Administration (SBA)
agrees to the following:
(1) To furnish the supplies or services set forth in the contract
according to the specifications and the terms and conditions by
subcontracting with the Offeror who has been determined an
eligible concern pursuant to the provisions of section 8(a) of
the Small Business Act, as amended (15 U.S.C. 637(a)).
(2) Except for novation agreements and advance payments, delegates to
the U.S. Department of Energy, Richland Operations Office, the
responsibility for administering the contract with complete
authority to take any action on behalf of the Government under
the terms and conditions of the contract; provided, however that
the contracting agency shall give advance notice to the SBA
before it issues a final notice terminating the right of the
subcontractor to proceed with further performance, either in
whole or in part, under the contract.
(3) That payments to be made under the contract will be made directly
to the subcontractor by the contracting activity.
(4) To notify the U.S. Department of Energy, Richland Operations
Office, Contracting Officer immediately upon notification by the
subcontractor that the owner or owners upon whom 8(a) eligibility
was based plan to relinquish ownership or control of the concern.
(b) The offeror/subcontractor agrees and acknowledges that it will, for
and on behalf of the SBA, fulfill and perform all of the requirements
of the contract.
Supplemental Provision: The contractor shall not subcontract the
----------------------
performance of any of the requirements of the contract to any lower tier
subcontractor without the prior written approval of the SBA and the
designated Contracting Officer of the Department of Energy.
The contractor awarded a subcontract hereunder shall have the right of
appeal from decisions of the "Contracting Officer" cognizable under the
"Disputes" clause of said subcontract.
31
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION H
H-5 FAR 952.212-72 UNIFORM REPORTING SYSTEM (MAY 1987)
--------------------------------------------------
Contractor shall prepare and submit (postage prepaid) the plans and reports
indicated on the DOE Form 1332.1, Reporting Requirements Checklist or
amendments to this checklist included in Part III, Section J, Attachment 2
of this contract, to the addresses and in the specified number of copies as
designated in the attachment to the checklist. The Contractor shall prepare
the specified plans and reports in accordance with the formats and
structure set forth in DOE Order 1332.1A, or any later version in effect
on the effective date of the contract. The Contractor shall be responsible
for levying appropriate reporting requirements on any subcontractors in
such a manner to ensure that data submitted by the subcontractor to the
contractor is timely and compatible with the data elements that the
Contractor is responsible for submitting to DOE. Plans and reports
submitted in compliance with this clause are in addition to any other
reporting requirements of this contract.
H-6 SUBCONTRACTING - THE GOVERNMENT'S RIGHT OF ACCESS
-------------------------------------------------
The Government's right of access applies to all tiers of the procurement.
The Contractor shall provide the Government with a list of its
subcontractors which may be utilized during the transportation and/or
disposal phases of the Government's low level wastes. All subcontractors
utilized by the Contractor shall be fully permitted (if required) for the
activities to be performed. The Government's, designated representative,
and/or the Government's environmental personnel may (if deemed necessary)
inspect/audit all subcontractors. This is applicable before and after
award of the contract. The Contractor shall notify Government in writing of
any changes made to the subcontractor list during this contract period of
performance. The Contractor is encouraged to participate in the
subcontractor audits. The Government reserves the right to reject a
proposed subcontractor.
32
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION H
Part II - Contract Clauses
Section I
Contract Clauses
Table of Contents
SUBSECTION TITLE
---------- -----
I-1 thru I-76 Contract Clauses (DOE 301S) Fixed Price Service
Contracts (FAC 90-20)(Revised)
Per FAR 52.252-2, as prescribed in FAR 52.107(b):
This contract incorporates one or more clauses by
reference, with the same force and effect as if they
were given in full text. Upon request, the
Contracting Officer will make their full text
available.
I-77 FAR 52.209-7 Organizational Conflicts of Interest
Certificate- Marketing Consultants (Nov 1991)
I-78 FAR 52.215-39 Reversion of Adjustment of Plans for
Post Retirement Benefits Other than Pensions (PRB)
(Jul 1991)
I-79 FAR 52-242-13 Bankruptcy. (Apr 1991)
33
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION I
SECTION I
CONTRACT CLAUSES (CONTINUED)
I-77 FAR 52.209-7 ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATE--MARKETING
------------------------------------------------------------------------
CONSULTANTS. (NOV 1991)
-----------------------
(a) Definitions.
(1) Marketing consultant means any independent contractor who furnishes
advice, information, direction, or assistance to an offeror or any
other contractor in support of the preparation or submission of an
offer for a government contract by that offeror. An independent
Contractor is not a marketing consultant when rendering--
(i) Services excluded in FAR 37.204;
(ii) Routine engineering and technical services (such as
installation, operation, or maintenance of systems, equipment,
software, components, or facilities);
(iii) Routine legal, actuarial, auditing, and accounting services;
or
(iv) Training services.
(2) Organizational conflict of interest means that because of other
activities or relationships with other persons, a person is unable or
potentially unable to render impartial assistance or advice to the
Government, or the person's objectivity in performing the contract
work is or might be otherwise impaired, or a person has an unfair
competitive advantage.
(b) An individual or firm that employs, retains, or engages contractually one
or more marketing consultants in connection with a contract, shall submit
to the contracting officer, with respect to each marketing consultant, the
certificates described below, if the individual or firm is notified that it
is the apparent successful offeror.
40
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION I
(c) The certificate must contain the following:
(1) The name of the agency and the number of the solicitation in question.
(2) The name, address, telephone number, and federal taxpayer
identification number of the marketing consultant.
(3) The name, address, and telephone number of a responsible officer or
employee of the marketing consultant who has personal knowledge of the
marketing consultants involvement in the contract.
(4) A description of the nature of the services rendered by or to be
rendered by the marketing consultant.
(5) The name, address, and telephone number of the client or clients, and
the name of a responsible officer or employee of the marketing
consultant who is knowledgeable about the services provided to such
client(s), and a description of the nature of the services rendered to
such client(s), if, based on information provided to the Contractor by
the marketing consultant, any marketing consultant is rendering or, in
the 12* months preceding the date of the certificate, has rendered
services respecting the same subject matter of the instant
solicitation, or directly relating to such subject matter, to the
Government or any other client (including any foreign government or
person).
(6) A statement that the person who signs the certificate for the prime
Contractor has informed the marketing consultant of the existence of
Subpart 9.5 and Office of Federal Procurement Policy Letter 89-1.
(7) The signature, name, title, employer's name, address, and telephone
number of the persons who signed the certificates for both the
apparent successful offeror and the marketing consultant.
(d) In addition, the apparent successful offeror shall forward to the
Contracting Officer a certificate signed by the marketing consultant that
the marketing consultant has been told of the existence of Subpart 9.5 and
Office of Federal Procurement Policy Letter 89-1, and the marketing
consultant has made inquiry, and to the best of the consultant's knowledge
and belief, the consultant has provided no unfair competitive advantage to
the prime Contractor with respect to the services rendered or to be
rendered in connection with the solicitation,
41
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION I
or that any unfair competitive advantage that, to the best of the
consultant's knowledge and belief, does or may exist, has been disclosed to
the offeror.
(e) Failure of the offeror to provide the required certifications may result in
the offeror being determined ineligible for award. Misrepresentation of any
fact may result in the assessment of penalties associated with false
certifications or such other provisions provided for by law or regulation.
I-78 FAR 52.215-39 REVERSION OR ADJUSTMENT OF PLANS FOR POST-RETIREMENT
------------------------------------------------------------------
BENEFITS OTHER THAN PENSIONS (PRB). (JUL 1991)
----------------------------------------------
The Contractor shall promptly notify the Contracting Officer in writing
when it determines that it will terminate or reduce a PRB plan. If the PRB
fund assets revert, or inure, to the Contractor or are constructively
received by it under a plan termination or otherwise, the Contractor shall
make a refund or give a credit to the Government for its equitable share as
required by FAR 31.205-6(0)(5). The Contractor shall include the substance
of this clause in all subcontracts under this contract which meet the
applicability requirements of FAR 15.804-8(f). The resulting adjustment to
prior years PRB costs will be determined and applied in accordance with FAR
31.205-6(0).
I-79 FAR 52.242-13 BANKRUPTCY. (APR 1991)
------------------------------------
In the event the Contractor enters into proceedings relating to bankruptcy,
whether voluntary or involuntary, the Contractor agrees to furnish, by
certified mail, written notification of the bankruptcy to the Contracting
Officer responsible for administering the contract. This notification shall
be furnished within five days of the initiation of the proceedings relating
to bankruptcy filing. This notification shall include the date on which the
bankruptcy petition was filed, the identity of the court in which the
bankruptcy petition was filed, and a listing of Government contract numbers
and contracting offices for all Government contracts against which final
payment has not been made. This obligation remains in effect until final
payment under this contract.
42
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
PART III
LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J
LIST OF ATTACHMENTS
Attachment Title
---------- -----
Attachment I Reporting Requirements Checklist (DOE F1332. 1)
43
<PAGE>
CONTRACT NUMBER
DE-ACO6-95RL13129
SECTION J
ATTACHMENT 1
REPORTING REQUIREMENTS CHECKLIST (DOE F1332.1)
2
<PAGE>
U.S. DEPARTMENT OF ENERGY
REPORTING REQUIREMENTS CHECKLIST
--------------------------------------------------------------------------------
1. PROGRAM/PROJECT TITLE 2. IDENTIFICATION NUMBER
DE-AC06-95RL13129
--------------------------------------------------------------------------------
3. PARTICIPANT NAME AND ADDRESS ATG Corp.
47375 Fremont Blvd.
Fremont, CA 94538
--------------------------------------------------------------------------------
A. PLANNING AND REPORTING REQUIREMENTS
---------
FREQUENCY
---------
General Management
[_] Management Plan
[X] Status Report Q
[_] Summary Report
B. Schedule/Labor/Cost
[_] Milestone Schedule/Plan
[_] Labor Plan
[_] Facilities Capital Cost of Money Factors
Computations
[_] Contract Facilities Capital and Cost of Money
[_] Cost Plan
[_] Milestone Schedule/Status
[_] Labor Management Report
[_] Cost Management Report
C. ????? Reports
[X] Conference Record A
[X] Hot Line Report A
D. Performance Measurement
[_] Management Control System Description
[_] WBS Dictionary
[_] Index
[_] Element Definition
[_] Cost Performance Reports
[_] Format 1 - WBS
[_] Format 2 - Function
[_] Format 3 - Baseline
E. Financial Incentives
[_] Statement of Income and Expense
[_] Balance Sheet
[_] Cash Flow Statement
[_] Statement of Changes in Financial
Position
[_] Loan Drawdown Report
[_] Operating Budget
[_] Supplementary Information
F. Technical
[_] Notice of Energy RD&D Project
(Required with any of the following)
[_] Technical Progress Report
[_] Draft for Review
[_] Final for Approval
[_] Topical Report
[_] Final Technical Report
[_] Draft for Review
[_] Final for Approval
[_] Software
[X] Other (Specify)
TO BE INCLUDE IN THE QUARTERLY
STATUS REPORT IS THE AMOUNT OF
WASTE RECEIVED AND ASSOCIATED
COST.
-------------------------------------------------------------------------------------------------------------------------------
5. FREQUENCY CODES
A - As Required M - Monthly S - Semi-Annually
C - Change to Contractual Agreement O - Once After Award X - With Proposal/Bid/Application or with Significant Changes
F - Final (end of ????) Q - Quarterly Y - Yearly or Upon Renewal of Contractual Agreement
-------------------------------------------------------------------------------------------------------------------------------
6. SPECIAL INSTRUCTIONS [ATTACHMENTS]
[_] Report Distribution List/Addresses [_] Analysis Thresholds
[_] Reporting Elements [_] Work Breakdown Structure
[_] Due Dates [_] Other
--------------------------------------------------------------------------------
7. PREPARED BY 8. REVIEWED BY
(SIGNATURE AND DATE) (SIGNATURE AND DATE)
/s/ [SIGNATURE ILLEGIBLE] 12/20/94
--------------------------------------------------------------------------------