NWP General Provisions for Firm Fixed Price Orders

More documents

Recommendations

Info

Rev. 0, October 1, 2012managed, transported, treated, stored, or disposed of at lawfully permitted or licensedfacilities in accordance with all applicable laws, regulations, and ordinances.3. The provisions of this article relating to Hazardous Substances shall not apply to suchmaterial or substances wholly and routinely contained within equipment or materialsutilized by the Seller in the performance of the work, provided that there is no leak, spill,discharge, or release of the Hazardous Substance (e.g., sulfuric acid in batteries).D. Liability. The Seller shall assume and indemnify NWP against any and all costs, damages,expenses, and liability due to any personal injury, death, property damage, environmentalharm, environmental impairment, fines, penalties, or otherwise, arising or resulting from:1. The failure of the Seller or any of its representatives to comply with the provisions of thisarticle.2. The receipt, handling, transportation, treatment, storage, or disposal of a HazardousSubstance(s) or Hazardous Waste where it is the responsibility of the Seller or itsrepresentatives as included under the Order or applicable law.3. The negligent or intentionally tortious conduct of the Seller or its representatives regardingor in connection with a Hazardous Substance(s) or Hazardous Waste.A.31 LAWS, REGULATIONS, AND DOE DIRECTIVESA. In performing work under this subcontract, the subcontractor shall comply with therequirements of applicable Federal, State, and local laws and regulations (including DOEregulations), unless relief has been granted in writing by the appropriate regulatory agency.The Subcontractor shall comply with those DOE orders and other directives applicable tomanagement and operating (M&O) contractors, with all applicable departmental policies,plans, programs, and management directives identified and listed in the subcontract. Thisrequirement applies to all sub-tier subcontractors.B. The Subcontractor shall comply with the directives identified in such list. The Subcontractorshall make no claim, including a claim for equitable adjustment under the Changes clauses ofthe Subcontract, for additional costs, fees, or extensions of time of performance relating tocompliance with the directives in such list.C. The Subcontractor shall comply with additional DOE directives, local directives and revisionsthereto, pursuant to and in accordance with the Changes clause of the Subcontract, withrespect to changes in directives within the general scope of the Subcontract;D. Copies of Department of Energy Directives may be obtained without charge from:U.S. Department of EnergyDistribution SectionFederal BuildingWashington, DC 20585E. Upon receipt of a new or revised Order, the Subcontractor shall review it for consistency withthe other terms of the Subcontract and for impacts on funding, labor, and other provisions ofthe Subcontract. If the Subcontractor considers the Order to be consistent with the otherterms of the Subcontract, it can be implemented within existing funds, labor, and otherprovisions of the Subcontract, and the implementation will not have a negative impact on thecost, schedule, or other obligations of the Subcontractor, the Subcontractor shall establish animplementation schedule, and so advise the Contracting Officer, through NWP, within thirty(30) calendar days of receipt.17
Rev. 0, October 1, 2012In the event the Subcontractor considers the Order to be inconsistent with the other terms ofthe Subcontract, or the requirements of the Order cannot be implemented within existingfunding, labor, and other provisions of the Subcontract, the Subcontractor shall so advise theContracting Officer, through NWP, within thirty (30) calendar days of receipt. Such notice shallinclude the basis for the claimed inconsistency and the projected cost of implementation inexcess of current funding, labor, and other provisions of the Subcontract. After evaluation ofthe Subcontractor's position, the Contracting Officer shall issue direction to NWP and theSubcontractor, pursuant to the clause entitled "Changes" concerning appropriateimplementation of the Order.The Subcontractor shall incorporate the substance of this clause with respect to applicableorders, excluding any reference to the Changes clause, in lower-tier subcontracts forperformance of work at the site and as directed by the Contracting Officer.A.32 PERFORMANCE OF WORK AT DOE FAICLITIES AND SITES AND FACILITES OTHER THANWIPPWhen performing work under this subcontract at DOE facilities and sites other than the WasteIsolation Pilot Plant (WIPP), the subcontract shall comply with and follow the list of ApplicableDirectives set forth in DEAR 970.5204-2 of the General Provisions herein and any additionaldirectives which have been established for the subcontractor at the DOE facility/site and that areapplicable to the work being performed and to associated hazards at the particular facility or site.A.33 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION - FAR 52.237-2The Subcontractor shall use reasonable care to avoid damaging existing buildings, equipment, andvegetation on the Government installation. If the Subcontractor’s failure to use reasonable carecauses damage to any of this property, the Subcontractor shall replace or repair the damage at noexpense to the Government as NWP directs. If the Subcontractor fails or refuses to make suchrepair or replacement, the Subcontractor shall be liable for the cost, which may be deducted fromthe Subcontract price.A.34 SITE ACCESS AND SECURITY REQUIREMENTSA. Foreign Nationals:Access or entry by a foreign national (not a citizen of the United States) to the WIPP Site,DOE Skeen-Whitlock Building (SWB) or any other Government leased building is not allowedwithout first being approved by CBFO Security and the CBFO Manager. All unclassified visits(30 days or less) and assignments (more than 30 days) of foreign nationals will be managedconsistent with the Department of Energy Notice and Policy 142.1.A minimum of 45 days advance notice is required for indices checks of all foreign nationalsthat are citizens of a sensitive country, require access to a security area, or access to asensitive subject. A Security Plan is required for unclassified foreign visits and assignments.Contact WIPP Security for required forms and guidelines. At a minimum, the followinginformation must be provided: Biographical and personal information, including date and place of birth, place/nature ofemployment. Passport, visa and/or PRA Card (Immigration and Naturalization Service information, asrequired).Purpose of visit; actual dates, subjects and areas to be visited.Identification of host group and escort responsibilities. (The host will be required toprepare and process all forms and provide the Security Plan and the Host Report).18
Page 1 and 2: GENERAL PROVISIONSFORFIXED PRICE OR
Page 3 and 4: Rev. 0, October 1, 2012A.40 NUCLEAR
Page 5 and 6: Rev. 0, October 1, 2012D. All refer
Page 7 and 8: Rev. 0, October 1, 2012information
Page 9 and 10: Rev. 0, October 1, 2012G. Nothing c
Page 11 and 12: Rev. 0, October 1, 2012therefrom. T
Page 13 and 14: Rev. 0, October 1, 2012B. Should CO
Page 15 and 16: Rev. 0, October 1, 2012APPLICABLE W
Page 17 and 18: Rev. 0, October 1, 20127. The condi
Page 19: Rev. 0, October 1, 20124. A "Preexi
Page 23 and 24: Rev. 0, October 1, 2012administered
Page 25 and 26: Rev. 0, October 1, 2012A.36 WORKER
Page 27 and 28: Rev. 0, October 1, 2012DEAR 952.227
Page 29 and 30: Rev. 0, October 1, 2012FAR 52.203-1
Page 31 and 32: Rev. 0, October 1, 2012subcontract
Page 33 and 34: Rev. 0, October 1, 2012demonstrate
Page 35 and 36: Rev. 0, October 1, 2012D.6 PAYMENTS

NWP General Provisions for Firm Fixed Price Orders

Create successful ePaper yourself

Delete template?

Save as template?