DRAFT N00024-25-R-4135 Ex-CVN 65 RFP.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

DO - A3

PAGE OF PAGES

1 75

2. CONTRACT NO. 3. SOLICITATION NO.

N0002425R4135

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

] NEGOTIATED (RFP)

5. DATE ISSUED

TBD

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE N00024 8. ADDRESS OFFER TO (If other than Item 7) CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD, DC 20376-2030

TEL:

FAX:

See Item 7

TEL:

FAX:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in SEE SECTION L until 05:00 PM local time TBD (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME B. TELEPHONE (Include area code) (NO COLLECT CALLS) C. E-MAIL ADDRESS

11. 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 X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/ COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/ SPECS./ WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or print)

15B. TELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

TEL: EMAIL:

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

$0.00

Contractor Preparation for Taking

Custody of Ship

FFP

NET AMT $0.00

Number

0001AA

1 Each $ $

Submit Operational Plan and Physical and Information

Security Plan to the Navy.

Number

0001AB

Performance Bond and Low-Level

Radioactive Waste Easement are in Effect.

Number

Transfer Custody of the Ship (CVN 65)

Contractor acceptance of vessel at a mutually agreed upon site near contractor facility.

Number

Decommissioning Work Plan (DWP)

Number

0003AA

Contractor shall prepare the DWP, submit to the NRC, and the NRC has accepted the DWP for review in accordance with the IAA (Attachment J-4).

Number

0003AB

$0.00

Nuclear Regulatory Commission recommends approval of DWP/ Navy then

Approves.

ITEM NO SUPPLIES/SERVICE

S

QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Completion of Dismantlement and Disposal (D&D) of

Non-Radiologically Controlled Ship Sections/Spaces as approved in the Custody Plan.

Number

Completion of Dismantlement and Disposal of

Radiologically Controlled Ship Sections/Spaces as approved in the DWP.

Number

1 Each $ $

Perform Post-Dismantlement Activities

Number

0006AA

1 Each $ $

Document completion of all CVN 65 Material

Recycling and Disposal.

Provide documentation to the Navy.

Number

0006AB

1 Each $ $

Perform Site Release Surveys for Unrestricted Use.

Number

0006AC

Submit Site Release Request with Documentation of all

Radiological Material Disposal and completed site release surveys and samples to the NRC and Navy.

NRC accepts Contractor site termination plan for review.

Number

0006AD

NRC Recommends Approval of the Site Release Plan/

Navy then Approves.

Number

NSP

Data

Items

FFP

Prepare and deliver data in accordance with Exhibit A, Contract Data

Requirements List, DD Form 1423. NOT SEPARATELY PRICED.

Number

1 Each $ $

OPTION

Incentive Fee for Radiological Regulatory Compliance/ other Incentives

Incentive Fee for radiological regulatory compliance. (See Note A)

NET AMT NTE $3,000,000.00

NOTE A

NOTE A: INCENTIVE FEE (APPLICABLE TO CLIN (0008)

1. To provide an incentive for the Contractor’s successful completion of the dismantlement/disposal of the EX-

ENTERPRISE. The predetermined incentive will be reduced if monetary penalties, such as fines if this were

NRC-regulated work, are assessed under the Notional Framework during the contract period of performance.

The payment of the incentive fee shall be subject to the following evaluation criteria:

a. To be eligible for the full payment of the incentive fee, the Contractor shall complete dismantlement and disposal of the EX-ENTERPRISE without incurring NRC-identified infractions carrying a recommendation of financial penalty.

b. Should the NRC assess Contractor violation(s) during the period of performance carrying a recommendation of a financial penalty, the incentive fee will be reduced as recommended by the NRC. For example, if the

NRC recommends a $50,000 financial penalty for an infraction, the incentive fee shall be reduced by

$50,000. Each additional incidence of a violation carrying a recommendation of a financial penalty will result in further incentive fee reduction by the amount recommended by the NRC.

2. The Contractor shall be paid the incentive fee amount earned pursuant to this clause upon completion of the dismantlement and disposal of the EX-ENTERPRISE and submittal of proper invoices to the cognizant Payment

Office.

3. The amount of the incentive fee to be paid to the Contractor is a unilateral decision made solely at the discretion of the Government.

Section C - Descriptions and Specifications

STATEMENT OF WORK

1.0 BACKGROUND / PURPOSE

EX-ENTERPRISE (CVN 65), the first nuclear-powered aircraft carrier of the U.S. Navy, was commissioned in

1961, operated for over 50 years, and was decommissioned in 2017. EX--ENTERPRISE has eight reactor plants housed in four propulsion plants inside the ship. As part of the decommissioning process, the nuclear fuel was removed from the eight reactor plants and management of nuclear fuel is not included in the Contract Scope of

Work. EX-ENTERPRISE is now obsolete with no further use planned. It is currently stored pier-side at Huntington

Ingalls Industries (HII) Newport News Shipbuilding in Newport News, Virginia. The Navy requires EX-

ENTERPRISE be completely dismantled and disposed. The Navy has established a process with the NRC for technical and contractual implementation of NRC regulations that will govern the disposal of EX-ENTERPRISE.

The Contractor shall comply with NRC radiological regulations and decommissioning plan requirements similar to oversight provided to an NRC licensee completing the decommissioning of a commercial nuclear power plant or materials site.

2.0 SCOPE OF WORK

2.1 The Contractor shall prepare a Decommissioning Work Plan (DWP) for EX-ENTERPRISE dismantlement and disposal. The decommissioning work plan shall be submitted to the Nuclear Regulatory Commission (NRC) to obtain their recommendation for NAVSEA to approve to complete the requirements of the Dismantlement and

Disposal (D&D) Contract.

2.2 The Contractor shall obtain and maintain valid permits and/or licenses required to execute the Contract scope of work, with the exception of the radiological dismantlement work, which shall be performed under the

Regulatory Framework the NRC and Navy have established via Interagency Agreement (Attachment J-4). Permits necessary for performing the scope of work could include, but are not limited to permits for generating, and shipping for disposal of, polychlorinated biphenyls (PCB) waste, asbestos, and other hazardous materials at the dismantlement site. The Government will not be a co-signee on any permits or licenses obtained by the Contractor.

2.3 As part of the Contractor’s proposal, a Request to Transfer Possession was included reflecting the information specified in 10 CFR 30.34(b)(2)(i) and additional information necessary to understand the Contractor’s planned activities following acceptance of the ship and prior to approval of the Decommissioning Work Plan

(DWP) described elsewhere in this contract. The Government will review the contractor’s request to Transfer

Custody of the vessel and inspect their facility. The Request to Transfer Possession will be reviewed by NRC and approved by NAVSEA as described in the Interagency Agreement (Attachment J-4). Once transfer custody of vessel and facility site is approved to receive the vessel, the Government will deliver the ship to the Contractor’s facility. Actual delivery of the vessel should occur once both conditions are met, contingent upon weather events at the port of origin, along the tow route and final destination.

2.4 The Contractor may procure suitable shipping containers (i.e., Type B per 10 CFR 71) for transporting the eight (8) defueled reactor vessels (with internal structures) to a commercial low-level radioactive waste disposal site capable of accepting Class C waste.

Note: The Government is sponsoring design of a Type B container for the ex-ENTERPRISE reactor vessels. Refer to NRC Docket No. 71-9401 and Enterprise Project Identifier L-2023-NEW-0005. However, the Government makes no guarantees on the performance of vendor(s) in delivery of the container design, achieving a NRC

Certificate of Compliance (CoC), or delivery of container(s) to the Contractor, which is solely the responsibility of the Contractor to manage. Alternatively, the Contractor may elect to dispose of the reactor vessels via alternate methods meeting NRC and DOT requirements (e.g., segmentation prior to packaging into smaller containers).

2.5 The Contractor shall complete the dismantling of the EX-ENTERPRISE at a facility within the United

States of America and remove and properly dispose of radiological and/or hazardous materials/wastes in accordance with applicable Federal, State, and local laws and regulations. The contractor will process DEMIL requirements

IAW DoD MIL 4160.28 Vol 2 Section 4 of the DEMIL instruction. Except for the specific prohibitions delineated in the Contract, the Contractor may process and sell all non-radiological and non-hazardous scrap and reusable equipment/material removed from the EX-ENTERPRISE. During dismantlement and disposal, the Contractor is allowed to use any onboard equipment to support the contract. The equipment is provided “as is” with the contractor making an assessment of usefulness and safety, as well as covering any repair and testing prior to use.

2.6 The Contractor shall provide all personnel, equipment, tools, vehicles, materials, facilities, supervision, and other industrial equipment and services necessary to meet the requirements of this Contract and perform the scope of work described, in a manner, which is safe for workers and the environment, and complies with all applicable

Federal, State, and local laws and regulations. The Contractor shall provide evidence of continued availability of such facilities for the duration of the Contract period of performance by ownership, existing lease, or letter from the facility owners indicating a statement of intent to utilize such facilities for scrapping operations, as well as evidence that site specific permits are currently in effect or can be obtained prior to the start of subject Contract.

2.7 The Contractor shall develop and implement a detailed schedule, including measurable milestones that include identification of all critical path work, to accomplish the Statement of Work (CDRL A001). The schedule shall include planned start and completion dates and a timeline for each phase of the dismantling, hazardous material removal and disposal in accordance with Exhibit A, including but not limited to, all tasks required for vessel dismantling including demilitarization of residual military equipment and property, identification and safe removal & disposal of hazardous materials/wastes, vessel dismantling, scrap processing, and sale and shipment of scrap and reusable equipment/material.

2.8 The Contractor shall develop a comprehensive Operational Plan for accepting possession of the vessel from the Navy at a mutually agreeable waterborne location near the Contractor’s facility. The Operational Plan shall be delivered to NAVSEA for PMS 368 approval no later than 45 days prior to the target date for departure of EX-

ENTERPRISE for transport to the Contractor’s facility and will be incorporated into the Contract as Attachment J-

16 The plan shall ensure compliance with the special requirements in this Statement of Work and shall include measures to address any procedures and techniques to be used. In addition, the plan shall include measures to prevent flooding or sinking, including procedures for maintaining list, trim and stability while dismantling, environmental remediation, and recycling operations are being accomplished, maintaining vessel security throughout the performance period, and the prevention of cutting slag and other contaminants from entering the water.

2.8.1 The Contractor shall also demonstrate to the Government at the Contractor’s facility readiness to receive

EX-ENTERPRISE in accordance with the Operational Plan no later than 15 days prior to the target date for departure of EX-ENTERPRISE for transport to the Contractor’s facility.

2.8.2 The detailed Operational Plan for Dismantling and Recycling of EX-ENTERPRISE shall address at least the following elements:

2.8.2.1 Desired configuration of the vessel and towing equipment upon transfer of possession, if different from the

CVN Tow Specification;

2.8.2.2 Plans and procedures for taking over operational control of the vessel from the Navy, including measures in place for safety of personnel and the vessel;

2.8.2.3 Navigation plans for transiting from the vessel transfer point to the Contractor’s facility;

2.8.2.4 Accepting the vessel at the Contractor's facility;

2.8.2.5 Movement of the vessel within the Contractor’s facility or sub-contractor’s facilities to include plans and procedures for placing EX-ENTERPRISE in a dry-dock, slip, or other berth within the Contractor’s facility;

2.8.2.6 Mooring configuration, including safeguarding the vessel during severe weather (Heavy Weather plan may be incorporated by reference, as applicable);

2.8.2.7 Security and access control measures in place at the Contractor’s facility prior to delivery of the vessel to prevent unauthorized access (may be incorporated by reference, as applicable);

2.8.2.8 Fire Protection Plan (may be incorporated by reference, as applicable);

2.8.2.9 Partially dismantling the vessel;

2.8.2.10 Removing and disposing of hazardous materials/wastes;

2.8.2.11 Sale of scrap and reusable items.

2.8.3 The Contractor shall include in their Operational Plan specific details for dry-docking, slip or other method for dismantling the underwater hull in an environmentally safe manner. Existing ship hull blanks and preservation system shall not be damaged by recycling operations including docking, undocking or ship grounding. The plans shall include methods for ensuring vessel stability during the cutting process, final dismantlement of underwater hull, and measures to prevent flooding or sinking. In addition, plans shall include measures for preventing cutting slag and other contaminants from entering the water.

2.8.4 The Contractor shall employ qualified personnel who are capable of performing the requirements of the contract, including subcontractors and key personnel. Contractor personnel, including subcontractor personnel and consultants, shall be sufficient to accomplish the scope of work. In addition, the Contractor shall employ and maintain the appropriate personnel, organizational and administrative controls necessary to ensure that performance meets or exceeds all contract specification requirements hereunder.

2.9 The Contractor shall provide the following full-time on-site key personnel in their management organization: Project Manager; Environmental, Safety & Health Manager(s); Radiological Controls/Radiation

Health Manager; Production Superintendent and Facility/Information Security Officer (FSO). The replacement of any key personnel identified in the Contractor’s technical proposal shall require approval by the Government. The key personnel shall be U.S. citizens.

2.10 The Contractor shall ensure a completed and NRC verified final radiological condition of the dismantlement and disposal work site for unrestricted use upon completion of the contracted work in accordance with the DWP and

NRC requirements.

2.11 The Contractor shall provide reports and data deliverables as prescribed in this contract (See Exhibit A).

2.12 Project Support Requirements

2.12.1 The Contractor shall provide public outreach support services on behalf of the project within the locality of the project throughout the period of performance of the project. Public outreach is required to be coordinated with the Navy. The Navy will review all materials prepared for the public (to include local government offices, elected officials, and non-governmental organizations) which must be provided to the Navy for review no later than 48 hours prior to use.

2.12.2 Requests received by the Contractor for briefings or reports regarding the project to Federal Government officials, including Executive Branch Departments and Members and/or offices of the Legislative Branch will be immediately referred (within 1 business day) to the Navy for action. The Navy will retain responsibility for developing and coordinating responses to these entities and may elect to require the Contractor to participate in the response. This requirement is not to be construed as to withhold or await Navy approval to release information requested by regulatory agencies such as NRC, EPA, or OSHA as it pertains to project performance or inspection visits.

3.0 APPLICABLE DOCUMENTS

Unless otherwise specified by the technical standards of this Contract, the Contractor shall perform the contract requirements in accordance with applicable Federal and State laws/regulations, unless specifically prescribed by the contract. The Navy will provide Government Furnished Information (GFI) to assist the offerors in preparing bids, including available technical documentation, select sampling results, drawings, and technical manuals for the EX-

ENTERPRISE. The references listed below are documents that will be used in performance of completing the contract requirement and included as Section J attachments.

References:

• Inter-agency Framework for Regulation of EX-ENTERPRISE Dismantlement and Disposal (Attachment J-7)

• NUREG 1757, Vol 1 [ADAMS ML063000243] (Attachment J-8)

• NAVSEAINST 4740.12A CVN Tow Specification (Attachment J- 9)

• NRC Inspection Manual Chapter (IMC) 2565 and IMC (Attachment J-10)

• NN-801 Control and Protection of Unclassified Naval Nuclear Propulsion Information (Attachment J-11)

• DOD Controlled Unclassified Information (CUI) (Attachment J-5)

• Physical Security Access Control (Attachment (J-6)

4.0 REQUIREMENTS / TASKS

4.1 ITEM 0001 - Contractor Preparation for Taking Custody of Ship

ITEM 0001AA

4.1.1 This Contract requires the Contractor to submit an Operational Plan IAW Section 2.8 which must be approved by the Navy 30 days prior to EX-ENTERPRISE departing its current location.

4.1.2 This Contract requires the Contractor to submit a Physical and Information Security Plan IAW Section 4.2.8 which must be approved by the Navy 30 days prior to EX-ENTERPRISE departing its current location.

ITEM 0001AB

4.1.3 This Contract requires the Contractor to obtain and maintain a Performance Bond from a third-party institution, as is standard commercial practice, for completion of the contract valued at 20% of the total contract price, effective upon departure of EX-ENTERPRISE from its location. The Performance Bond requirement will stepdown to 10% based on the completion of removal for all reactor compartment and auxiliary rooms, equipment and components; stepdown to 0% at upon NRC acceptance of Final Status Survey and site release for unrestricted use.

4.1.4 This Contract requires the Contractor to provide an easement or other contractual right for the Navy to dispose of 1,500,000 cubic feet of Low-Level Radioactive Waste (LLRW) from EX-ENTERPRISE at commercial sites authorized to accept such waste. This easement shall be in place no later than the day of departure of EX-ENTERPRISE from its location.

4.2 ITEM 0002 - Transfer Custody of the Ship (CVN 65). Contractor acceptance of vessel at a mutually agreed upon site near contractor facility.

4.2.1 Upon NAVSEA approval of the Request to Transfer Possession, the Operational Plan, the Physical and

Information Security Plan, and the Contractor providing objective evidence that the Performance Bond and LLRW disposal easement are in effect, the Navy will tow the vessel to a mutually agreed upon site in a configuration compliant with the CVN Tow Specification (Attachment J- 9).

4.2.2 An Acceptance Survey, in accordance with U.S. Navy Towing Manual 8-8.2 shall be conducted no later than 30 days prior to the anticipated tow date.

Note: A Certificate of Seaworthiness and Tow Conferences, in accordance with NAVSEAINST 4740.12A, shall be conducted prior to the anticipated tow date.

4.3 ITEM 0003 – Decommissioning Work Plan

ITEM 0003AA

4.3.1 Prepare Decommissioning Work Plan (DWP)- Facility and Licensing, Physical Security, Environmental, Safety and Health, and Control and Protection of U-NNPI on IT Systems, submit to the NRC, and the NRC has accepted the

DWP for review in accordance with the IAA (Attachment J-4)

4.3.1.1 The Contractor shall prepare a Decommissioning Work Plan (DWP) in accordance with NUREG-1757

(Attachment J-8) and the clarifications in the Interagency Agreement and regulatory framework (Attachment J-7). The

DWP shall be include at a minimum the following sections:

a. Description of dismantlement and disposal site conditions.

b. Description of planned decommissioning activities.

c. Planned preparatory work.

d. Worker health and safety plans (the Accident Prevention Plan may be incorporated by reference, as applicable).

e. Radiation protection program plans, including As Low As Reasonably Achievable (ALARA);

f. Radioactive waste management plans.

g. Environmental monitoring and protection programs.

h. Quality assurance programs.

i. Survey procedures.

k. Final site status survey and release plan.

l. Demobilization activities

l. Identification of key personnel and description of experience in completing projects of similar scope/magnitude.

m. Fire Prevention Plan – in accordance with 10 CFR Section 50.48, Part 50 Appendix A & R, NRC

Information notice 23-04 and Ref guide 1.191 rev 1.

n. Heavy Weather Plan to support the protection of radiological materials IAW IAA

4.3.1.2 The contractor must ensure the following are addressed within the DWP:

a. The Contractor will conduct all work in a manner that prevents or mitigates the potential for release of radioactivity to the environment. The Contractor must apply appropriate environmental monitoring and effluent management programs to achieve the overall goals of no adverse effect on human health and the environment.

b. No unvalidated decommissioning modeling or new technology will be used by the Contractor. Note that innovative decommissioning methods are welcome but will likely add time and resources to the review/approve the DWP.

c. The Contractor shall perform all radiological dismantlement and sizing evolutions in Contractor established radiologically controlled areas either inside the volume of the ship (i.e., within the hull and/or under the flight deck) or inside a weather protected containment volume. Radiological work area ventilation should be HEPA filtered and maintain the work area negative relative to external areas and the environment.

d. Any radiological work conducted in an off-hull location shall be conducted over an impermeable surface and within a negatively ventilated HEPA-filtered weather protected area.

e. Temporary facilities associated with radiological work or radioactive material storage should be engineered to account for potential adverse weather conditions at the work site. Radiological material storage areas shall be over impermeable surfaces.

f. Work planning should only allow storage of materials in full strength shipping containers when material is stored outside of the ship or containment volume (i.e., awaiting shipping). The volume of onsite packaged radioactive waste should be minimized by prompt shipment to disposal vendors.

g. To minimize cost, and time associated with decontamination and radiological release procedures, material identified as potentially radiologically impacted, the Contractor shall dispose of the material as LLRW when cost effective and radiation exposure is maintained As Low As Reasonably

Achievable (ALARA). When cost effective, material may be surveyed for release and unrestricted use consistent with the requirements of 10 CFR 20, NUREG 1757, and applicable NRC Guidance (e.g., IE

Circular 81-07).

h. The Contractor shall not dispose of radioactive material via release in effluents or via release to a sanitary sewer.

i. The Contractor shall restore the site to an acceptable radiological condition supporting unrestricted use.

4.3.1.3 The Contractor shall submit their DWP to NRC for review and NAVSEA approval in accordance with the

Interagency Agreement and regulatory framework (Attachment J-7) and deliver a submission/status report to specified points of contact (CDRL A014). The DWP will be reviewed consistent with the procedures described in the Interagency

Agreement and regulatory framework (Attachment J-7).

4.3.1.4 Upon approval of the DWP by the Navy, the DWP shall be incorporated into the Contract as technical requirements for completing the Contract Scope of Work and without change in the contract price or delivery schedule.

4.3.1.5 The Contractor may recommend via formal submittal(s) to the NRC and Navy to conduct decommissioning activities within the vessel following transfer of possession of the ship to the contractor at its facility (Section 2.8) and prior to approval of the DWP. The Contractor’s proposed decommissioning activities prior to DWP approval will be reviewed by the NRC and approved by the Navy. However, no decommissioning activities that would disturb contamination or radiologically impacted materials will be conducted until NRC review and Navy approval of the contractor’s DWP.

4.3.2 Facilities and Licensing Requirements

4.3.2.1 The facility at which the EX-ENTERPRISE will be dismantled shall be located within the United States*.

Notes:

* US Department of Defense facility clearance (e.g., to process classified material) is not required.

** The Government will not be a co-permittee on any permits or licenses obtained by the Contractor or a co-generator of any of these waste materials.

4.3.2.2 The Contractor shall demonstrate capability to safely dispose of all of the low-level radioactive waste expected to be generated during the dismantlement of the EX-ENTERPRISE at NRC or Agreement State licensed commercial facilities. The Contractor shall be responsible for determining how and where the radioactive waste would be disposed of and making appropriate arrangements for the disposal, consistent with applicable compacts and requirements.

Note: The Government does not intend to authorize the use of Federal waste disposal sites as part of this Contract.

The Contractor is authorized to use the waste volume easement of other contractual radioactive waste disposal right for waste generated during EX-ENTERPRISE dismantlement (Section 4.1.4).

4.3.2.3 The Contractor shall demonstrate capability to safely dispose of all of all hazardous waste expected to be generated during the dismantlement of the EX-ENTERPRISE at licensed commercial facilities. The Contractor shall be responsible for determining how and where the hazardous waste would be disposed of and making appropriate arrangements for the disposal, consistent with applicable requirements.

4.3.2.4 The Navy intends to establish an on-site presence of representatives to monitor Contractor performance for the total period of project performance. The Navy On-Site Representative (OSR) organization will also assist the

Navy in implementing the Regulatory Framework the NRC and Navy have established via Interagency Agreement

(Attachment J-7).

4.3.2.5 The Navy OSR organization will ensure the Contractor performs IAW contract requirements and provides well communicated production schedules and current key event milestones. Furthermore, the OSR will monitor contractor compliance with requirements and approved procedures for the following, but not limited to:

a. Operational plan and key event schedule performance

b. DWP requirements including radiological check points and briefings

c. Environmental and Occupational Safety and Health laws and regulations

d. Approved ES&H management, Quality Assurance, Physical and Information security procedures

e. Implementation of the Heavy Weather and Accident Prevention plan

4.3.2.6 Navy OSR Authorities under this Contract:

a. Notify Contractor personnel and/or management when Contractor performance is inconsistent with the contract or approved procedures. Parallel notifications will also be provided to the Contracting Officer, NAVSEA, and/or NRC (as applicable).

b. Issues or concerns with Contractor work being executed or planned for in accordance with approved procedures and/or the contract will be raised with the Contracting Officer, NAVSEA, and/or NRC (as applicable) for resolution with Contractor management.

c. Ensure Contractor actions in response to an emergency are in accordance with the contract and approved procedures (i.e., protect personnel, the public, and the environment).

d. During observation of an act that could reasonably result in personnel injury or harm to the environment, promptly engage with the work team, pause operations, and allow the Contractor to validate appropriate safety precautions are in place and take any necessary action consistent with the contract, approved procedures, and/or appropriate regulations. Pauses to address these concerns shall not be considered changes to the Contract.

Note: All change orders are issued by the NAVSEA Contracting Officer.

4.3.2.7 The Contractor shall keep the Navy OSR organization apprised of project activities, including but not limited to plans for upcoming work, issues or problems requiring resolution, inspections or inquiries from external entities, public affairs inquiries and visiting local, state and community government officials. The Contractor shall allow identical to Contractor personnel for access of the Navy OSR team to the facility and vessel, routine project related meetings, agendas, reports, and status updates.

4.3.2.8 The Contractor shall provide facilities supporting Government oversight of the Contractor, including the

Navy OSR organization. These facilities shall be provided on-site within the vicinity of the EX-ENTERPRISE (as close as reasonably achievable). Required minimum capabilities include:

a. Office space with sufficient HVAC, electrical power, and off-site internet connectivity (10 MB/s or greater) sufficient for up to eight (8) personnel. These office spaces shall be separate from Contractor office spaces.

b. Provide at least eight (8) parking spaces in the vicinity of the office location.

c. Conference/meeting space for up to fifteen (15) personnel separate from Contractor conference/meeting spaces.

d. Access to separate male and female toilet facilities.

Note: Portable office trailers are acceptable to meet this requirement if permanent facilities are not constructed at the EX-ENTERPRISE dismantlement and disposal site. The contractor is responsible for providing furniture, office equip (copiers, video screens, phones), WIFI and Internet connectivity, etc. for the Government oversight activities.

The Contractor is not responsible for providing computers.

4.3.3 Regulated and Hazardous Waste

4.3.3.1 The Contractor shall remove and properly dispose of radiological and/or hazardous materials/wastes in accordance with applicable Federal, State, and local laws and regulations.

4.3.3.2 The Government will not be a co-permittee on any permits or licenses obtained by the Contractor or a co-generator of any waste material.

4.3.3.3 The Contractor shall demonstrate capability to safely dispose of all of the low-level radioactive waste expected to be generated during the dismantlement of the EX-ENTERPRISE at NRC or Agreement State licensed commercial facilities. The Contractor shall be responsible for determining how and where the radioactive waste would be disposed of and making appropriate arrangements for the disposal, consistent with applicable compacts and requirements.

Note: The Government does not intend to authorize the use of Federal waste disposal sites as part of this Contract. The

Contractor is authorized to use the waste volume easement of other contractual radioactive waste disposal right for waste generated during EX-ENTERPRISE dismantlement.

4.3.4 Regulatory Framework for Conduct of Radiological Work

4.3.4.1 The Naval Nuclear Propulsion Program (NNPP), a joint Navy and Department of Energy Program, also referred to as Naval Reactors, or within Naval Sea Systems Command (NAVSEA) as the Naval Nuclear Propulsion

Directorate (NAVSEA 08), is responsible for the public health and safety associated with the disposition of defueled nuclear-powered ships of the U.S. Navy per the Atomic Energy Act of 1954, as amended (AEA). Naval Reactors has statutory regulatory authorities and responsibilities to the Navy and Department of Energy as described in [US

CODE]. In preparation for this contracted work, the NNPP and U.S. Nuclear Regulatory Commission (NRC) have developed a plan for the NRC to provide support services to the Navy and the NNPP governed by a framework for oversight described in an Interagency Agreement (Attachment J-7). This Interagency Agreement and Regulatory

Framework supports the Navy in applying NRC standards and regulations via this Contract for the conduct of radiological work in the same manner as if this scope of work were performed by an NRC licensee in the NRC-regulated sector. Further, this Interagency Agreement and regulatory framework provides for NRC inspections of the Contractor’s work under published NRC inspection procedures as if the scope of work were performed at a site implementing an NRC license termination plan.

4.3.4.2 The Contractor shall conduct all radiological work in compliance with the regulatory framework described in the Interagency Agreement (Attachment J-7).

4.3.4.3 The Contractor shall refer to the responsibilities of the “licensee” when performing work subject to NRC regulations.

4.3.4.4 The Contractor shall receive and implement any and all corrective actions or other direction provided by the

NRC under the regulatory framework described in the Interagency Agreement (Attachment J-7) at no additional cost to the Government or changes to any terms and conditions of the contract.

4.3.4.5 The Navy will neither add or subtract from the NRC recommended corrective actions or other direction provided by the NRC under the regulatory framework described in the Interagency Agreement (Attachment J-7), with one exception. For significant response actions or public affairs interaction, as the regulator for the project radioactive materials, if needed, the Navy will communicate with the NRC and direct action via the Navy’s authority under the AEA and public law. In addition, the Navy will lead the federal response consistent with the National

Response Framework. Under such circumstances, the Navy shall positively state and the Contractor shall positively acknowledge the responsibility for coordinating the casualty response has been assumed by the Navy. Such circumstances shall not be considered a change to this Contract.

4.3.4.6 The target durations of NRC and NAVSEA reviews of Contractor deliverables described in the Interagency

Agreement (Attachment J-7) are not contractual commitments and are only provided as a guide in support of project planning.

4.3.5 Physical Security Requirements

4.3.5.1 The Contractor shall have facility controls in place to prevent physical access by unauthorized persons to the vessel, or equipment, components, and/or structures requiring demilitarization. The Contractor shall establish a system of checks, inspections, surveys, and assessments to ensure physical security of the facility and vessel is maintained.

4.3.5.2 The Contractor shall implement controls to ensure that access to the propulsion plant spaces, and equipment, or components removed from the propulsion plants within the vessel are limited to US Citizens.

4.3.5.3 The Contractor shall implement controls to ensure that access to passive protection structures within the hull are only accessible to US Citizens.

4.3.5.4 The Contractor shall implement controls to prevent and mitigate any unauthorized access to the vessel, propulsion plants, or other areas requiring information protection from drones..

4.3.5.5 The Contractor shall implement written plans and operating procedures for all facility physical security programs (CDRL A008).

4.3.6 Information Security Requirements

4.3.6.1 The Contractor shall safeguard Controlled Unclassified Information (CUI) and Unclassified Naval Nuclear

Propulsion Information (U-NNPI) provided as GFI for performance of this contract in accordance with DoD

Instruction 5200.48 (Controlled Unclassified Information) and NN-801 (Control and Protection of Unclassified

Naval Nuclear Propulsion Information), respectively.

4.3.6.2 Adhering to the guidelines of NN-801, as obligated under contract, fulfills supplier and sub-tier supplier requirements of OPNAVINST N9210.3 for the protection of UNNPI noted elsewhere in this contract.

4.3.6.3 The contractor and any sub-contractors with access to the vessel or materials, equipment, and/or components from the vessel requiring demilitarization or from the propulsion plants, must be certified to access Controlled

Unclassified Information (CUI) and Unclassified Naval Nuclear Propulsion Information (U-NNPI) by completing the following:

4.3.6.4 Provide to the Contracting Officer on signed corporate letterhead an overview of the contractor or sub-contractor, to include services that may be applicable to ex-ENTERPRISE disposal, corporate structure, locations of headquarters and major satellite offices, and links to public corporate website(s). Further, provide written certification that the contractor or sub-contractor firm is based in the United States and organized under U.S. laws.

Firms organized under U.S. laws with foreign ownership, control, or influence (FOCI) must clearly identify the extent of foreign citizen involvement in relation to the ex‑ENTERPRISE disposal project, and that the firm formally agrees to prevent foreign nationals access to U-NNPI*.

4.3.6.5 Provide a list of persons by name that will participate in the ex-ENTERPRISE disposal project and require access to U-NNPI (and other forms of CUI) and certify that these personnel are U.S. Citizens, with the method of validating U.S. citizenship clearly identified by the certifier. Individuals with dual citizenship must be clearly identified, with the understanding that such individuals may not be permitted access to ex-ENTERPRISE, CUI, or U-

NNPI without first notifying NAVSEA**.

Notes: *The certifications described above must be signed on corporate letterhead by a company officer (e.g., company president, business unit vice president, or equivalent if privately owned) or facility security officer if the firm possesses a facility security clearance granted by the Defense Counterintelligence and Security Agency (DCSA) or other authorized Government agency.

**The Navy is not requesting vendors provide personally identifiable information (PII) or other privacy protected information about these personnel.

4.3.6.6 Complete a security agreement [Form NN-677 found in Enclosure (1) of NN-801] for protection of U-

NNPI, signed by a company officer (or equivalent if privately owned), or facility security officer if the firm possesses a DSCA facility security clearance.

a. As part of completing the Form NN-677 above, vendors are required to attach a signed copy of DD-

Form 2345 (Military Critical Technical Data Agreement), which is routed and approved by the

Defense Logistics Agency (DLA) Joint Certification Program (JCP); proof of current/active registration through the DLA JCP is also acceptable in lieu of the signed DD-Form 2345. Instructions for completing the DD-Form 2345 can be found at: https://www.dla.mil/Logistics-

Operations/Services/JCP/

Note; Contractors and sub-contractors that completed the requirements above prior to award of this contract in response to SAM.gov Notice N00024-23-S-4120 (Defueled Ex-Enterprise (CVN 65) Dismantlement and Disposal Ship Document

Online Portal) of 03 January 2024 do not need to resubmit the required information above except in cases where the list of personnel requiring access to the vessel, U-NNPI, and CUI needs to be revised. For those personnel, the Contractor or sub-contractor must provide a list of persons by name that will participate in the ex-ENTERPRISE disposal project and require access to U-NNPI (and other forms of CUI) and certify that these personnel are U.S. Citizens, with the method of validating U.S. citizenship clearly identified by the certifier. Individuals with dual citizenship must be clearly identified, with the understanding that such individuals may not be permitted access to ex-ENTERPRISE, CUI, or U-NNPI without first notifying NAVSEA.

Note: The EX-ENTERPRISE contains no physical equipment or arrangements that are controlled as classified. As such, NAVSEA expects that the activities supporting completion of this project, including the physical dismantlement work, as well as the preparation of contract proposals, technical work documents, and submittals provided for Government review, do not require specific classified information controls or classification. However, some of the technical documentation describing the EX-ENTERPRISE contains U-NNPI. NNPI is all information, classified or unclassified, concerning the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance, and repair of the propulsion plants of Navy nuclear-powered ships and prototypes including the associated shipboard and shore-based nuclear support facilities. Sensitive unclassified military technology is protected by several Federal statutes and export control regulations. Naval Nuclear Propulsion technology is subject to these controls. Hence, U-NNPI is protected and subject to these controls. The designation

U-NNPI indicates that although the information is unclassified, it is subject to special handling controls, restricted access and distribution (export controls) and marking requirements and is not releasable to the general public without prior approval by the Government.

4.3.7 Control and Protection of Controlled Unclassified Information (CUI) and Unclassified Naval Nuclear

Propulsion Information (U-NNPI) on Information Technology Systems

4.3.7.1 Following Contract award, the Contractor shall certify an Information Technology system for the processing of Controlled Unclassified Information (CUI) in accordance with DoD Instruction 5200.48 (Controlled https://www.dla.mil/Logistics-Operations/Services/JCP/ https://www.dla.mil/Logistics-Operations/Services/JCP/

Unclassified Information) and the processing of Unclassified Naval Nuclear Propulsion Information (U-NNPI) in accordance with the requirements of NN-801 to support performance of this contract.

4.3.7.2 Following Contract award, the Contractor shall provide compliant means to transmit CUI and U-NNPI to/from the Government via the Microsoft Office product suite (i.e., Microsoft 365, Outlook, Teams, etc.).

4.3.8 Physical and Information Security Plan

4.3.8.1 The Contractor shall deliver a Physical and Information Security Plan for Navy approval (CDRL A008), demonstrating methods, procedures, and controls to prevent unauthorized access to the vessel, components and equipment removed, from the vessel prior to demilitarization, components and equipment from the propulsion plants, propulsion plant spaces, and other forms of Controlled Unclassified Information (CUI) and Unclassified Naval Nuclear

Propulsion Information (U-NNPI).

4.3.8.2 The Physical and Information Security plan shall be approved by the Navy prior to the Navy commencing the transfer of possession of EX-ENTERPRISE to the Contractor. The Physical and Information Security plan shall be submitted for approval no less than 45 days prior to the anticipated date of departure.

4.3.8.3 The Contractor shall demonstrate to the Government at the Contractor’s facility that elements necessary to support the Physical and Information Security Plan upon acceptance of possession of EX-ENTERPRISE. This demonstration shall occur no later than 15 days prior to the target departure date of EX-ENTERPRISE to the Contractor’s facility and may be scheduled to occur concurrently with the demonstration of the Operational Plan required elsewhere in this Contract.

4.3.8.4 Revisions to the Physical and Information Security plan that change the mitigations against unauthorized access described in 4.3.8.1 shall be submitted to the Navy for approval no later than 30 days prior to the changes being required, unless otherwise agreed to by the Navy. The Physical and Information Security plan shall also identify categories of administrative or other minor changes that may be submitted to the Navy for information; the Navy will review/approve this Physical and Information Security Plan revision control strategy as part of the initial review of the Physical and

Information Security Plan.

4.3.8.5 The Contractor’s methods and procedures for control and protect of CUI and U-NNPI on Information

Technology Systems (4.3.7)may be incorporated into the Physical and Information Security Plan by reference, as applicable.

4.3.9 Environmental, Safety and Health Requirements

4.3.9.1 The Contractor shall deliver an Environmental Management Plan demonstrating established measures and procedures for ensuring compliance with all applicable Federal, State, and local Environmental laws and regulations

(CDRL A011). Activities subject to the Interagency Agreement and Regulatory Framework (Attachment J-7) may be consolidated into the DWP (Section 4.3) and referenced in the Environmental Management Plan (CDRL A011).

4.3.9.2 The Contractor shall deliver a Safety and Health Management Plan demonstrating established measures and procedures for ensuring worker safety and health in performing the work required for ship dismantling and hazardous material/waste removal and disposal. (CDRL A011). Activities subject to the Interagency Agreement and

Regulatory Framework (Attachment J-7) may be consolidated into the DWP (Section 4.3) and referenced in the

Safety and Health Management Plan (CDRL A011).

4.3.9.3 The Contractor shall conduct all work in a safe manner and shall furnish all safety equipment in accordance with Federal, State, and local laws and regulations.

4.3.9.4 The Contractor shall promptly report to the Government On-Site Representative (OSR), all available facts relating to any accident, incident, and/or injury to personnel (prime contractor or sub-contractor) or each instance of damage to Government property. Formal reports shall also be provided to NAVSEA under the Contractor’s Safety and Health Management Plan, which at a minimum includes timely reporting for all safety issues, including crane and rigging, fire safety issues, and truck/rail movement issues.

4.3.9.5 The Contractor shall correct any deficiencies identified by Federal, State, or local regulatory agencies without adjustment to the Contract price.

4.3.10 Fire Prevention and Emergency Response

4.3.10.1 For decommissioning activities subject to the Interagency Agreement and Regulatory Framework (Attachment J-

7), fire prevention and safety will comply with the requirements applied to power reactors (10 CFR Part 50.48(f)) described in NRC Regulatory Guide 1.191,” Fire Protection Program for Nuclear Power Plants During Decommissioning and Permanent Shutdown” (ML011500010) and applicable information notices. Methods for meeting this requirement shall be reflected in the DWP (Section 2.9).

4.3.10.2 For all other activities under this contract, fire prevention and safety will be in accordance with applicable

Federal, State, and local requirements.

4.