P. 0. BOX · Add ARTICLE XL - NUCLEAR REACTOR SAFETY to read as follows: "ARTICLE XL - NUCLEAR...

UNITED STATESATOMIC ENERGY COMMISSION

P. 0. BOX 5400

ALBUQUERQUE, NEW MEXICO

i

Alt) j1PLi DIV 1AON

SUPPLEMENTAL AGREEMENT

This SUPPLEMENTAL AGREEMENT, effective th. 1st day of July,

1966, by and between THE UNITED STATES OF AMERICA (herein-

after called the "Government"), represented by the UNITED STATES

ATOMIC ENERGY COMMISSION (hereinafter called the "Commission"),

and THE DOW CHEMICAL COMPANY (hereinafter called the

"Contractor"), a corporation organized and existing under the laws

of the State of Delaware.

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the

Contractor entered into Contract AT(29.-1)-1106 for the management

and operation by the Contractor of the Commission's Rocky Flats

Plant and for related work; and

WHEREAS, the said contract has previously been amended by

Modifications NOB. 1 through 56, 58, 61 through 64,66 through 71,

73 through 102; and

—n-

a:

C)

C'(U

0J

Modification No. 103

Supplemental AgreementContract AT(29-1)-1106

I\'\

Modification No. 103Contract AT(29-1)-1106

WHEREAS, the parties desire to further amend the contract to add

a provision respecting nuclear reactor safeguards as set forth herein-

after; and

WHEREAS, this Supplemental Agreement is authorized by and executed

under the Atomic Energy Act of 1954, as amended, and the Federal

Property and Administrative Services Act of 1949, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-1)-1106,

as previously amended, is hereby further amended in the following

particular but in no others:

Add ARTICLE XL - NUCLEAR REACTOR SAFETY to read as follows:

"ARTICLE XL - NUCLEAR REACTOR SAFETY

"1. The activities under this contract include the operation

of a nuclear reactor and the contractor recognizes that

such operation involves the risk of a nuclear incident

which, while the chances are remote, could adversely

affect the public health and safety. In the operation of

the nuclear reactor, the Contractor will exercise a degree

of care commensurate with the risk inyolved.

"2. The Contractor shall comply with all applicable regulations

of the Commission concerning nuclear reactor safety and

-2-

7/" 1/Modification No. 103Contract AT(29_1)_1106

with those requirements (including reporting requiremen

and instructions) of the Commission concerning nuclear

reactor safety of which it is notified in writing by the

Contracting Officer.

"3. Prior to the initial start-up of any nuclear reactor

under this contract and prior to any subsequent start-up

following a change which represents a significant deviation

from the procedures, equipment, or analyses described in

the Safety Analysis Report for that reactor, the Contractor

shall:

"a. Prepare a Safety Analysis Report and detailed plans

and procedures designed to assure the safe operation

and maintenance of the reactor. These will generally

cover, but riot be limited to: prestart-up check lists;

normal operation of the reactor and supporting auxil-

iaries; maintenance operation; emergency situations;

and technical standards for equipment and systems.

"b. Establish nuclear safety control procedures to be

used within the contractor's organization to insure

-3-

Modification No. 103Contract AT(29-l)_ 1106

appropriate review and internal approval of the

detailed plans and procedures specified in a. above.

"c. Submit to the Contracting Officer for his approval

such procedures relating to nuclear safety as may

be designated by him.

"d. Carry out a training program designed to assure

that all personnel who will be engaged in the opera-

tions or maintenance of a nuclear reactor understand

the approved plans and procedures for nuclear safety

pertinent to their assignments.

e. Obtain theapproval of the Contracting Officer prior

to such start-up of the reactor.

"4. In the operation aiid maintenance of any nuclear reactor under

this contract, the Contractor shall:

"a. Use all reasonable efforts to assure that all opera-

tional and maintenance activities are performed by

qualified and adequately trained prsonne1 and, except

as otherwise agreed in writing, are conducted under

the supervision of personnel who are qualified to

appraise any emergency condition and take prompt

effective action with respect thereto.-4-

I

Modification No. 103Contract AT(29-1)-11O6

"b. Operate the reactors within the operating limits

which may be prescribed by the Contracting Officer.

The Contracting Officer will consult with the

Contractor in formulating and revising such operating

limits.

'c. Follow strictly the procedures relating to nuclear

safety approved by the Contracting Officer as speci-

fied in 3. c. above and submit to the Contracting

Officer for his approval any proposed changes in

such procedures.

"d. Establish a system of inspection approved by the

contracting Officer (including review of inspection

reports by competent technical personnel) that will

(i) provide frequent and periodic checks of-reactor

performance and of the qualifications and training of

operating and maintenance personnel and (ii) provide

for investigation of any unusual or unpredicted

reactor conditions that might affect the safe operation

of the reactor.

"e. Report promptly to the ontractiflg Officer any change

in the physical condition of the reactor or its

-5-


operating characteristics that might in the judgment

of the Contractor affect the safe operation of the reactor.tlf Shut down the reactor immediately whenever so

instructed by the Contracting Officer or whenever,

in the judgment of the Contractor, the risk of a

nuclear incident endangering persons or property

warrants such action.

"g. Prepare in cooperation with other services and

facilities available at the site and with the

approval of the Contracting Officer, a plan for

minimizing the effects of a nuclear incident upon the

health and safety of all persons on the site; cooperate

with the Contracting Officer in his preparation of a plan to

protect the public off the site; instruct its personnel as to.

their participation in such plans and any personal risk to

such personnel that may be involved; and participate in

such practice exercises as may be" desirable to assure the

effectiveness of such plans."

-6-

J. I.. MCCra,.Deputy$anagsrAlbuquerque Operations Off iceContracting Officer

THE DOW CHEMICAL COMPANY

DATEPctober 29, 1966 BY:$/ CALVIN A. CAMPBELL

CORPORATE CERTIFICATE

I,A/ P. Hanmer

, certify that I am the AststntSecretary of the corporation named as Contractor herein;

that Calvin A. Cabe11 , who 8igned this Supplemental Agreementon behalf of said corporation was then Vice President — of saidcorporation; that this Supplemental Agreement was duly signed for andin behalf of said corporation by authority of its governing body; and iswithin the scope of its corporate powers; and that I have set my handand the seal of the said corporation hereto on this 31st day of

October , '966

SI A. P. HANNE*A. P MIni PAssistant. $!*t1tV

Modification No. 103Contract AT(29-l)-11b6

previously amended, shall remain unchanged and in full force and effect.

All other terms and conditions of Contract AT(29-l)-1106, as

IN WITNESS WHEREOF, the parties hereto have executed this

Supplemental Agreement in several counterparts.

.DATE: Und*ted)

THE UNITED STATES OF AMERICABY: U. S. ATOMIC ENERGY COMMISSION

BY: $1 JAMES L. MCCAW

TITLE: Vice President

•(SEAL)

-7-

This SUPPLEMENTAL AGREEMENT, effective the 1st day of July, 1966,by and between THE UNITED STATES OF AMERICA (hereinafter called

the "Government"), represented by the UNITED STATES ATOMIC ENERGY

COMMISSION (hereinafter called the "Commission"), and THE DOW

CHEMICAL COMPANY (hereinafter called the "Contractor"), a corpora-tion organized and existing under the laws of the State of Delaware,

WHEREAS, effective January 18, 1951, the Government and theContractor entered into Contract AT(29- 1)-1l06 for the managementand operation by the Contractor of the Commission's Rocky Flats Plantand for related work; and

WHEREAS, the said cpntract has previously been amended byMôdifiations Nos. 1 through 56, 58, 61 through 64, 66 through 71,73 through 101; and

WHEREAS, the parties desire to further amend the contract to reflecttheir agreement upon the work to be performed by the Contractor during

the period July 1, 1966 through .JTiine 30, 1967 and the fixed fee to be

paid the Contractor for the performance of such work and to make cer-tain other changes in the terms and conditions of the contract as set

forth hereinafter; and

WHEREAS, this Supplemental Agreement is authorized by and executed

under the Atomic Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-1)-1l°6, as

previously amended, is hereby further amended in the following particu-

lars but in no others:


P. 0. BOX 5400ALBUQUERQUE, NEW MEXICO

THIS IS A copy OF THEEXECUTED DOCEJMENTALO SUPPLY DIVISION


Modification No. 102Supplemental AgreementContract AT(29-1)-1106

W1TNESSETH THAT:

Modification No. 102Contract AT(29_2)_11O6

1. Paragraph 1., of ARTICLE IV - CHANGES, is amended in itsentirety to read as follows:

"1. Changes and Adjustment of Fee. The Contracting Officermay at any time and without notice to the sureties, if any,issue written directions requiring additional workwithjnthe general scope of this contract or directing the omissionof or variation in work covered by this contract. If anysuch direction results in a material change in the amountor character of the work described in the article entitled"Statement of Work", Appendix B, "Scope of Work" and/orin the document described in Paragraph 2. a. of the articleentitled "Term, Estimates of Cost, Obligation of Funds,Fixed Fee and Financial Plan", an equitable adjustmentof the fixed fee shall be made in accordance with the agree-ment of the parties and the contract shall be modified inwriting accordingly. Any claim by either party for anadjustment under this article must be asserted in writingwithin 90 days from the date of receipt by the Contractorof the notification of change unless, within the said 90days, the parties mutually agree to an extension of timefor asserting the claim. The parties agree to prosecutein good faith any claim so made in the shortest possibletime after the notice of claim is filed. A failure to agreeon an equitable adjustment under this article shall bedeemed to be a dispute within the meaning of the articleentitled 'Disputes'."

2. Paragraph 2., of ARTICLE V - TERM, ESTIMATES OF COST,OBLIGATION OF FUNDS, FIXED FEE AND FINANCIAL PLAN,is amended in its entirety to read as follows:

4

a. Estimate of Cost and FixedFee The estimatedcost of the work under this contract for the periodJuly 1, 1966 through June 30, 1967 is Forty-oneMillion Four Hundred Seventy-two Thousand

-2-

Modification No 1O.Contract AT(29-1)...11O6

Dollars ($41, 472, 000 00) exclusive of the Contractor1sfixed fee for performance of such work. TheContractor's fixed fee for performance of the workduring the period July 1, 1966 through June 30, 1967is One Million Three Hundred Eighty-six ThousandDollars ($1, 386, 000. 00). In agreeing upon the

foregoing estimate of cost, and upon the fixed fee tobe paid, the amount and character of the work whichthe parties contemplated would be performed by theContractor during the period July 1, 1966 throughJune 30, 1967 is that reflected in the work assump-tions set forth in Secret Restricted Data Letter,S. R. Woodruff to L. M. Joshel, dated June 2, 1966Subject: "Scope of Work (and Estimated Costs) UponWhich The Dow Chemical Company's FY 1967 FeeWas Negotiated"

b. Provisional Fee Payments. The Contractor shallalso receive a fixed fee for performance of work insubsequent periods during the term of this corjract,

each such fee to be based upon the work to be per-

formed in the period involved and to be as negotiatedand determined prior to the start of the periodinvolved or at such later time as the parties mayagree. If the aforementioned determination has notbeen made prior to the start of the period involved,the Contractor shall continue to receive monthlypayments on account of fixed fee at the rate in effectduring the prior period. Appropriate adjustmentwill be made promptly upon determination of thefixed fee for the new period".

3. Paragraph 5. of ARTICLE V - TERM, ESTIMATES OF COSTOBLIGATION OF FUNDS, FIXED FEE AND FINANCIAL PLAN,is amended in its entirety to read as follows

"5. Limitation on Government's Payment of Costs. Paymentby the Government to the Contractor on account of allOw-able costs shall not in the aggregate at any time exceed

the amount of funds then obligated hereunder, less theContractor's total fixed fee.'

-3-

Modification No. 102*Contract AT(29-1)-11O

Paragraph 7. of ARTICLE V - TERM, ESTIMATES OF COST,QBLIGATION OF FUNDS, FIXED FEE AND FINANCiAL PLAN,is amended in its entirety to read as follows

Whenever the Contractor has reason to believe thatthe total cost of the work under this contract (exclu-sive of the Contractor's fixed fee) for the then currentannual period beginning July 1 will be substantiallygreater or less than the estimated cot of the workfor that period, the Contractor shall promptly notifythe Contracting Officer in writing.

The Contractor shall also notify the ContractingOfficer in writing whenever the Contractor estimatesthat funds available under the contract are sufficientonly to cover contract operations, including theContractor's unpaicT fixed fee and outstanding commit-ments, for ninety days

When outstanding commitments, including theContractor's unpaid fixed fee, equal 100% of fundsavailable, the Contractor shall make no furthercommitments or expenditures (except to meet exist-ing commitments) and shall he excused from furtherperformance of the work unless and until theContracting Officer thereafter shall increase thefunds obligated with respect to this contract.

For the sole purpose of applying the provisions ofthis paragraph 7., funds available shall be deemed

4.

"7.

a.

Notice of Costs Appro3ching Estimate of Funds Available -Contractor Excused Pending Increase when Funds AvailableReached.

b.

C.

d.

-4-

Modification No. 102Contract AT(29-l)-llo6

to include (i) cash on hand, (ii) amounts obligatedbut not advanced, including the available balanceunder Letter of Credit, (iii) amounts authorizedbut not yet paid to the Contractor in reimbursementfor work performed or to be performed under thiscontract pursuant to "cash purchase orders" acceptedby the Contractor at the direction of or with theapproval of the Commission, and (iv) only for thepurpose of determining whether the notice requiredin 7. b. above must be given, other revenue in connec-tion with contract work which the Contractor estimatesit will receive during any particular ninety day periodinvolved."

Paragraph 2. of ARTICLE VI - ALLOWABLE COSTS AND FIXEDFEE, is amended by deletion of the parenthetical expression"(less applicable income and other credits)" from the firstsentence.

6. Paragraph 3. of ARTICLE VII - PAYMENTS AND ADVANCES,is amended in its entirety to read as follows

"3. Special Bank Account - Use. All advances of Governmentfunds shall be made by check payable to the Contractor,or shall be secured through a Letter of Credit procedureauthorized by the Fiscal Assistant Secretary, U. S.Treasury Department, and shall be deposited only in aSpecial Bank Account or Accounts, established by anAgreement for Special Bank Account in. the form and con-taining the provisions set forth in Appendix C of thiscontract. The Contractor shall likewise deposit in theSpecial Bank Account any other revenues received by theContractor in connection with: the work under this contract,other than the Contractor's fixed fee. No part of the fundsin the Special Bank Account shall be (i) mingled with anyfunds of the Contractor, or (ii) used for a purpose other

t7c. J .'. .hI... 4

-5-

• ••

I..

5.

Modification No. 102Contract AT(29_1)_11o6:.

than that of making payments for costs allowable underthis contract, the Contractor's fixed fee, or payments forother items specifically approved in writing by theContracting Officer. If the Contracting Officer shall atany time determine that the balance on such bank accountexceeds the current needs, the Contractorshall promptly make such disposition of the excess as theContracting Officer may direct.

7. Paragraph 4. of ARTICLE IX - ACCOUNTS RECORDS ANDINSPECTION, is amended by substituting the word "three" forthe number "6" in the second sentence.

8. Paragraph 1. of ARTICLE X - EXAMINATION OF RECORDS,is amended in its entirety to read as follows:

"1. The Contractor agrees the Comptroller General of theUnited States or any of his duly authorized representa-tives shall, until the expiration of 3 years after finalpayment under this contract, have access to and theright to examine any directly pertinent books, documents,papers, and records of the Contractor involving trans-actions related to this contract unless the Commissionauthorizes their prior disposition."

9. ARTICLE XVII - SUBCONTRACTS AND PURCHASE ORDERS,is amended by the addition of Paragraph 3. as follows:

"3. Subcontractor Cost or Pricing Data. In addition to, and...without derogation of any rights under Paragraph 1. ofthis article and any other provision in this contract, theContractor shall, as and when required by the AECPR'sor require subcontractors to furnish cost or pric.ing data and, when applicable, include in subcontracts theclause set forth in AECPR 9-3. 8 14-50, except as other-wise directed or approved by the Commission.

-6-.

Modification No 102Contract AT(29-1)...l 106

10. Paragraph 2. of ARTICLE XXII - LABOR, is amended iri itsentirety to read as follows:

"2. qal Opportunity. During the performance of this con-tract, the Contractor agrees as follows:

a. The Contractor will not discriminate against anyemployee or applicant for employment because ofrace, creed, color or national origin. TheContractor will take affirmative action to ensurethat applicants are employed, and that employeesare treated during employment, without regard totheir race, creed, color or national origin. Suchaction shall include, but not be limited to thefollowing: employment, upgrading, demotion ortransfer; recruitment or recruitment advertising;layoff or termination; rates of pay or other formsof compensation; and selection for training, includ-ing apprenticeship. The Contractor agrees to postin conspicuous places, available to employees andapplicants for employment, notices to be providedby the Contracting Officer setting forth the provi-sions of this nondiscrimination clause.

b. The Contractor will, in all solicitations or adver-tisements for employees placed by or on behalf ofthe Contractor, state that all qualified applicantswill receive consideration for employment withoutregard to race, creed, color or national origin.

c. The Contractor will send to each labor union orrepresentative of workers wish which he has acollective bargaining agreement or other contractor understanding, a notice, to be provided by theContracting Officer, advising the labor union or

-7-


workers' representative of the Contractor's commit-ments under Section 202 of Executive Order No. 11246of September 24, 1965, and shall post copies of the

notice in conspicuous places available to emplOyeesand applicants for employment.

d. The Contractor will comply with all provisions ofExecutive Order No. 11246 of September 24, 1965,ancl'of the rules, regulations and relevant orders ofthe Secretary of Labor.

e. The Contractor will furnish all information an3.reports required by Executive Order No. 11246 ofSeptember 24, 1965, and by the rules, regulationsand orders of the Secretary of Labor, or pursuant

thereto, and will permit access to his books, records

and accounts by the Commission and the Secretary

of Labor for purposes of investigation to ascertaincompliance with such rules, regulations and orders.

f. In the event of the Contractor's noncompliance with

the nondiscrimination clauses of this contract or withany of such rules, regulations or orders, this contract

may be cancelled, terminated or suspended, in wholeor in pa.rt, and the Contractor may be declared ineli-gible for further Government contracts in accordancewith procedures authorized in Executive Order No.

11246 of September 24, 1965, and such other sanctions

may he imposed and remedies invoked as provided in

Executive Order No. 11246 of September 24, 1965,

or by rule, regulation or order of the Secretary of

Labor, or as otherwise provided by law.

g. The Contractor will include the provisions of sub-paragraphs a. through g. in every subcontract or

purchase order unless exempted by rules, regulations

-8-

Modification No. 102Contract AT(29-i)-11U..

or orders of the Secretary of Labor issued pursuant

to Section 204 of Executive Order No. 11246 of

September 24, 1965, sø that such provisions will

be jiinding upon each subcontractor or vendor. The

Contractor will take such action with respect to anysubcontract or purchase order as the Commissionmay direct as a means of enforcing such provisions,including sanctions for noncompliance; provided,however, that in the event the Contractor becomesinvolved in, or is threated with, litigation with asubcontractor or vendor as a result of such directionby the Commission, the Contractor may request theGovernment to enter into such litigation to protectthe interests of the Government.

11. ARTICLE XXX - RENEGOTIATION, is amended in its entirety to

read as follows:

"ARTICLE XXX - RENEGOTIATIP

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

1. This contract is subject to the Renegotiation Act of 1951

(50 U.S.C. App. 1211, etseq.), as amended, andtoanysubsequent act of Congress providing for the renegotiation

of contracts. Nothing contained in this article shall imposeany renegotiation obligation with respect to this-contract

or any subcontiact hereunder which is not imposed by anact of Congress heretofore or hereafter enacted. Subject

to the foregoing, this contract shall be deemed to contain

all the proviions required by Section 104 of theRenegotiation Act of 1951, and by any such other act,

without subsequent contract amendment specifically incor-porating such provisions.

-9-

2. The Contractor agrees to insert the provisions of thisarticle, including this Paragraph 2., in all subcontracts,as that term is defined in Section 103g. of the RenegotiationAct of 1951, as amended."

All other

amended,

IN WITNESS WHEREOF, the parties hereto have executed thisSupplemental Agreement in several counterparts.


DATE: June 2k, 1966 BY: S/ L. P. GISEL. P. Gise, ManagerAlbuquerque Operations OfficeContracting Officer


DATE: June 30, 1966 BY:S/ A. P. BEUTEL



e Calvin A. Campbell — , certify that lam the - Secretaryof the corporation named as Contractor herein;

that A. P. Beutel , who signed this Supplemental Agreement

on behalf of said corporation was then Vice President —

of said corporation; that this Supplemental Agreement was duly signed forand in behalf of said corporation by authority of its governing body, and iswithin the scope of its corporate powers; and that I have set my hand and

the seal of the said corporation hereto on this 30th day of June1966

SI CALVIN A. CAMPBELL —.

- 10 -

/Modification No. 1(Contract AT(29-1)11O6'

terms and conditions of Contract AT(29-1)-1106, as previouslyshall remain unchanged and in full force and effect.

(SEAL)

AUNITED STATES

ATOMIC ENERGY COMMISSIONP. 0. BOX 5400

ALBUQUERQUE,. NEW MEXICO

Modification No. 101Supplemental AgreementContract AT(29-1)-1106


ThiS.SUPPLEMENTAL AGREEMENT,. effective the 1st day of July, 1965,by and between THE UNITED STATES OF AMERICA (hereinafter, calledthe "Government"), represented by the UNITED STATES ATOMIC ENERGYCOMMISSION (hereinafter called the "Commission"), and THE DOW. CHEMICAL COMPANY (hereinafter called the Contractor"),. a corpora-tion organized and existing under the. laws of the State ofDelaware.

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the Contrac-tor entered into Contract AT.(29-1)-1106.for the management and opera-tion by the Contractor of the Commission's Rocky Flats Plant and forrelated work; and

WHEREAS, the said càntract has previously been. amended by Modifica-tions Nos. 1 through 56, 58, 61 through 64,, 66 through 71, 73 through100; and

WHEREAS, the parties hereto desire to further amend the contract toS reflect their agreement upon .the work to be performed by the Contractor• during the period July 1, 1965 through June 30, 1966 and the fixed fee to

be paid the Contractor for the performance of such work and to makecertain other changes in .the terms and conditions of the contract as setforth hereinafter.; and

WHEREAS, this Supplemental Agreement is authorized. by and. executedunder the Atomic Energy Act of 1954,. as amended.

NOW THEREFORE, the parties agree that Contract A T.( 29-1) -1106, aspreviously amended, is hereby further amended in the followingparticulars but in no others:

Modification No. 101Contract AT(29-1)_ 1106

1. Paragraph 2. of ARTICLE V - TERM, ESTIMATES OF COST,OBLIGATION OF FUNDS,. FIXED FEE, AND FINANCL.L PLAN,is amended by adding the following:

"The estimated gross cost of the work to be performed under thiscontract for the period July 1, 1965 through June 30, 1966, isThirty-nine Million Six Hundred Twenty-seven Thousand Dollars($39, 627, 000. 00), exclusive of the Contractor's fixed fee. TheContractor's fixed fee for performance of such work during theperiod July 1, 1965 through June 30, 1966, is One Million ThreeHundrQd Thousand Dollars ($1, 300, 000. 00)."

2. Paragraph 1. of ARTICLE XXII - LABOR, is amended to read inits entirety as follows:

"1. Contract Work Hours Standards Act - Overtime Compensation.This contract,. to the extent that it is of a character specified inthe Contract Work Hours Standards Act (40 U.S. C. 327-330),is subject to the following provisions and to all other applicableprovisions and exceptions of such Act and the regulations of theSecretary of Labor thereunder.a. Overtime Requirements. No Contractor or subcontractorcontracting for any part of the contract work which mayrequire or involve the employment of laborers or mechanicsshall require or permit any laborer or mechanic in anyworkweek in which he is employed on such work to work inexcess of eight hours in any calendar day or in excess offorty hours in such workweek on work subject to the pro-visions.of

the Contract Work Hours Standards Act unlesssch laborer or mechanic receives compensation at a ratenot less than one and one-half times his basic rate of payfor all such hours worked in excess of eight hours in anycalendar day or in excess of forty hours in such workweek,whichever is the greater number of overtime hours.

b. Violation; liability for unpaid wages; liquidated damages.In the event of any violation of the provisions of Paragrapha., the Contractor and any subcontractor responsibletherefor shall be liable to any affected employee for hisunpaid wages. In addition, such Contractor and sub-contractor shall be liable to the United States for liquidated

-2-

Modification No. 101Contract AT(291)-1.1Q6

damages. Such liquidated damages shall be computedwith respect to each individual laborer or mechanicemployed in violation of the provisions of Paragraph a.in the sum of $10 for each calendar day on which suchemployee was required or permitted to be employed onsuch work in excess of eight hours or in excess of thestandard workweek of forty hours without payment of theovertime wages required by Paragraph a.

c. Withholding for Unpaid Wages and Liquidated Damages.The Contracting Officer may withhold from the GovernmentPrime Contractor, from any moneys payable on account ofwork performed by the Contractor or subcontractor, suchsums as may administratively be determined to be necessaryto satisfy anyliabilities of such Contractor or subcontractorfor unpaid wages and liquidated damages as provided in theprovisions of Paragraph b.

d. Subcontracts. The Contractor shall insert Paragraphs a.through d. of this clause in all subcontracts, and shall re-quire their inclusion in all subcontracts of any tier.

e. Records. The Contractor shall maintain payroll recordscontaining the information specified in 29 CFR 516. 2(a).Such records shall be preserved for three years from thecompletion of the contract.

S . Paragraph 2. of ARTICLE XXII - BOR, is amended by substituting the words "Equal Opportunity" for the words "Non-discrimination in Employment" as the title and by insertingimmediately after the title the following:

"(The following clause is applicable unless this contract isexempt under the rules and regulations of the President'sCommittee on Equal Employment Opportunity (41 CFR, ch. 60).Exemptions include contracts and subcontracts (i) not exceeding$10, 000, (ii) not exceeding $100, 000 for standard commercialSupplies or raw materials, and (iii) under which work is performedOutside the United States and no recruitment of workers within theUnited States is involved. )"

-3-

/7.' ': ',

Modification No. 101Contract AT(29-1)-l106

4. The Preamble to the Personnel Appendix "A",. ModificationNo. 92, is amended to read in its entirety as follows:

"The personnel policies, wage and salary schedules, and

transportation, travel and living expense policies set out in

this Appendix A are the policies of the Contractor which havebeen approved by the Commission for application to thisContract for the purpose of determining certain allowablecosts as provided for in the article of this Contract entitled'Allowable Costs and Fixed Fee', and shall apply to all

Contractor employees regularly assigned t6 the Rocky FlatsPlant, engaged in work under this Contract irrespective of theplace of performance of work.

"Through the Contractor's own standard audit procedures andexecutive review, the Contractor will take steps to ascertain

that the policies and procedures set forth in this Appendix A

are carried out.

"Consistent with any legal or Commission policy limitations,

it is the intention of the parties generally to treat employeesof the Contractor engaged directly on the work hereunder nomore and no 1essfavorably than employees engaged in theContractor's commercial operations. However, it is agreedthat only tho5e items of personnel costs and related expenses

specifically set fqrth in this Appendix A are allowable costs

under this contract. In order to achieve generally equal treat-ment of the Contractor's employees, it will be necessary torevise this Appendix A from time to time. Either party mayrequest that this Appendix A be revised and the parties heretoagree to negotiate in good faith concerning any requested

revision. Revisions to this Appendix A shall be accomplished

by written modifications to the ontract, normally in the formof Reimbursement Authorizations, signed by both parties tothis äontract. Unless otherwise approved by the Commission,the effective date of each such modification shall not precede

• the date on which the Contractor first requested such contractmodification in writing. Execution of such a modification bythe General Manager, or higher authority, will be binding, uponthe Contractor. For ease of reference, al1uch modificationsare hereinafter referred to as' Reimbursement AuthorizatIOflS."

-4-


I,. hiA. . , certify. that I am the -of the corporation named. as Contractor. herein; that H. D. sn

__________________________

who signed this Supplemental Agreement onbehalf of said corporation was then

________________________________

of saidcorporation; that this Supplemental Agreement was duly signed.for and inbehalf of said corporation by authority of .its governing body, and. is withinthe scope of its corporate powers; and that I have set my hand and the sealof the said corporation hereto on this th day of

_______________________

1965.

1*1 ca1w A.

.

Modification No. 101Contract AT(29- 1)- 1106

All other terms and. conditions of .Contract AT(29- 1)- 1.106, aspreviously amended, shall remain, unchanged and in full force andeffect.

I

IN WITNESS WHEREOF, the parties hereto have executed this Sup-plemental. Agreement in several counterparts.

THE UNITED STATES OF AMERICABY: U.S. ATOMIC ENERGY COMMISSION

DATE: BY:, // P,CiHAZbsgisru Op.a*lIs OemncUa OMc.


DATE: fl/.Ø BY: J/ H. D. DMiai

TITLE:;

4

4

(SEAL)

- 5.

APPENDIX ACONTRACT AT(29-1)-1l06 /

THE DOW CHEMICAL COMPANYMODIFICATION NO. 101

PERSONNEL POLICIESWAGE & SALARY SCHEDULES

TRANSPORTATION, TRAVEL AND LIVING EXPENSES ANDRELATED PbLIGIES

The personnel policies, wage and salary schedules, and transportation,

travel and living expense policies set out in this Appendix A are the

policies of the Contractor which have been approved by the Commission

for application to this Contract for the purpose of determining certain

allowable costs as provided for in the article of this contract entitled

UAllowable Costs and Fixed Fee", and shall apply to all Contractor

employees regularly assigned to the Rocky Flats Plant, engaged in work

under this contract irrespective of the place of performance of work.

The policies and schedules of this Appendix A shall also apply to all

Contractor employees regularly assigned to the Albuquerque Plant

operated by the Contractor for the Commission.

Through the Contractor's own standard audit procedures and executive

review, the Contractor will take steps to ascertain that the policies and

procedures set forth in this Appendix A are carried out.

Consistent with any legal or Commission policy limitations, it is the

intention of the parties generally to treat employees of the Contractor

engaged directly on the work hereunder no more and no less favorably

Contract AT(29-l)-1106

.iployees engaged in the Contractor's commercial operations.

it is agreed that only those items of personnel costs and related

es specifically set forth in this Appendix A are allowable costs under

i contract. In order to achieve generally equal treatment of the. Con-

's employees, it will be necessary to revise this Appendix A from

time to time. Either party may request that this Appendix A be revised

and the parties hereto agree to negotiate m good faith concerning any

requested revision Revisions to this Appendix A shall be accomplished

by written modifications to the contract, normally in the form of Reimburse-

ment Authorizations, signed by both parties to this contract. Unless other-

wise approved by the Commission, the effective date of each such modifi-

cation shall not precede the date on which the Contractor first requested

such contract modification in writing. Execution of such a modification by

the General Manager, or higher authority, will be binding upon the

Contractor. For ease of reference, all such modifications are hereinafter

referred to as Reimbursement Authorizations.

Appendix A, Attachment- 2 - to Modification No. 101



Modification No. 100Supplemental AgreementContract AT(29—1)--1106


This SUPPLEMENTAL AGREEMENT, effective the 1st day of. July, 1964,by and between THE UNITED STATES OF AMERICA (hereinafter calledthe "Government"), represented by the UNITED STATES ATOMIC ENERGYCOMMISSION (hereinafter called the "Commissiontt), and THE DOWCHEMICAL COMPANY (hereinafter called the "Contractor"), a corporationorganized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the Contractorentered into Contract AT(Z9l)-J 106 for the management and operation bythe Contractor of the Commission's Rocky Flats Plant and for relatedwork; and

WHEREAS, the said contract has previously been amended by ModificationsNos. 1 through 56, 58 61 through 64, 66 through 71, 73 through 99; and

WHEREAS, the parties have agreed upon the work to be performed by the

Contractor during the period July 1, 1964 through June 30, 1965 and the

fixed fee to be paid the Contractor for the performance of such work; and

WHEREAS, this Supplemental Agreement is authorized by and executedunder the Atomic Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(Z9l)1l06,as previously amended, is hereby further amended in the followingparticular but in no others:

Paragraph 2. of ARTICLE V TERM, ESTIMATES OF COST, OBLIGATION OF FUNDS, FIXED FEE, AND FINANCIAL PLAN, is amendedjadding the following

Modification No. 100Contract AT(29-l)-1106.

All others terms and conditions of Contract AT(29-1)-1106, as previouslyamended, shall remain unchanged and in full force and effect

IN WITNESS WHEREOF, the parties hereto have executed this Supplementaj'Agreement in several counterparts.

THE UNITED STATES OF AMERICABY: U.S. ATOMIC ENERGY COMMISSION!

BY:— IL,.P,Gii.

Acting MansgerAlbuqiisevqu. 0p stions OfficeCoa4rsctlag Officer


TITLE:

j cii A. , certify that I am the______________________of the corporation named as Contractor herein; that Awho signed this Supplemental Agreement on behalf of sa'id orporation wasthen,j of said corporation; that this Supplemental .Agrewas duly signed for and in behalf of said corporation by authority of itsgoverning body, and is within the scope of its corporate powers; and thatI have set my hand and the seal of the said corporation hereto on thisday of - , 1964

"The estimated gross cost of the work to be performed under this contrá'for the period July 1, 1964 through June 30, 1965, is Forty-seven Mi111oSeven Hundred Forty-one Thousand Dollars ($47, 741, 000. 00), exclusiveof the Contractor's fixed fee. The Contractor's fixed fee for performancof such work during the period July 1, 1964 through June 30, 1965, isOne Million Five Hundred Thousand Dollars ($1, 500, 000. 00).

S

'I

DATE:

. DATE:

BY:

—'14164CORPORATE CE:RTIFICATE

EAL)

em&

.1 Calvin A pb.U-2-

UNITED STATES.ATOMIC ENERGY COMMISSION


Modification. 1Supplemental .AContract AT(29-I


This SUPPLEMENTAL AGREEMENT, effective the 12th day of Septembt1963, by and between THE UNITED STATES OF AMERICA (hreinafterca]1ed the'.'Qovernment"), represented by.the UNITED STATES ATOMICENERGY COMMISSION (hereinafter called the "Commission"), and '1'flEDOW CHEMICAL COMPANY (hereinafter called the "Contractor"), acorporation organized and existing under the: laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractorentered into Contract AT(29-l)-1106 fOr the management and operation bythe Contractor o1 the Commission's Rocky Flats Plant and for' relatedwork; and

WHREAS, the said contract has previously been amended by ModificationsNos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through 98; and

WHEREAS, the parties desire to further amend the contract to increase theobligation of funds; and


NOW THEREFORE, the parties agree that Contract AT(29-l)-1106, aspreviously amended, is hereby further amended in the following particularbut in no others:

Paragraph 3., ARTICLE V - TERM, ESTIMATES OF COST, OBLIGATION OF FUNDS, FIXED FEE AND FINANCIAL, PLAN, is changedin its entirety to read as follows:

THE UNITED STATESOF AMERICABY: U, S. ATOMIC ENERGY COMMISS1

DATE: SeDtember 23. 1963

Albuquerque Operations OfficeContracting Officer


BY: H. fl.. flnan

TITLE: President


I, W. A. cGroenjgJr,. certify that I am the Assistant Secretaryof the corporatiàu named as Contractor herein; tha.t

_________________________

who signed this Supplemental Agreement on behalf of said corporation was tlierPresident of said corporation, that this Supplemental

Agreement was dulyiijned for and in behalf of said corporation by authorityof its governing body, and is within the scope of its corporate powers, andthat I have set my hand and the seal of'the said corporation hereto on this_?rd — day Ofçpember 1963.

.W1. A. Grec.rirci. Tv

:.

ModificContract A1. ..

"3.. The Commission hereby increases the .oblig.tionof funds by Four Million Nine Hundred Thousand T($4, 900, 000. 00) making the total obligationundercontract Two Hundred Nine Million Sic Hundred -

nine Thousand Dollars ($209, 699, 000. 00) for all pur-poses from its inceptiOn."

All other terms and conditions of Contract AT(29-1)-1106, as previouslyamended, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Supplem€Agr eement in several counterparts..DATE: SeDtember 11. 1963 BY: K. F. T-Tertfnvd

Manager

(SEAL)

-2-


P.. 0. BOX 5400ALBUQUERQUE, NEW MEXICO

Modifjcatjon.No;Supplemental :Contract AT(29..1)1.


This SUPPLEMENTAL AGREEMENT, entered into effective August 1by and between THE UNITED STATES OF AMERICA (hereinafter caUuGovernmentlv),. represented by the UNITED STATES ATOMIC ENERGMISSION (hereinafter called the "Commission"), and THE DOW CHEMI(COMPANY (hereinafter called the "Contractor"), a cOrporation org:"and existing un4er the laws of the State of Deiawarê,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractor ent,.into Contract AT(29-1)-1106 for the management and operation by the Con'tractor of the Commission's Rocky Flats Plant and for related work; and:

WHEREAS, the said contract has previously been amended by ModificatkNos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through 97; and

WHEREAS, the parties have agreed to amend Paragraph 2. Nondiscrimination in Employment of ARTICLE XXII - LABOR to comply with Executive 1Order No. 11114, dated June 22, 1963, as.hereinafter provided; and

WHEREAS, this Supplemental Agreement is authorized by and executedthe Atomic Energy Act of 1954,. as amended.

NOW THEREFORE, the parties agree that Contract AT(29-1)-l106, as pre-viously amended, is hereby further amended in the following particular butin no others:

Paragraph 2. Nondiscrimination in Employment of ARTICLE XXIILABOR is amended to read in its entirety as follows:

S

Modific$ic"Contract AT(L

"2 Nondiscrimination in Employment During the perfthis contract, the Contractor agrees as follows

a. The Contractor will not discriminate against anyapplicant for employment because of race, creed, cnational origin. The Contractor will take affirmativzto ensure that applicants are employed, and that emare treated during employment, without regard to thëicreed, color or national origin. Such action shall md1but not be limited to the following: employment, upgr.demotion or transfer; recruitment or recruitment adve.:

layoff or termination; ra.tes of pay or other forms oftion; and selection for. training including apprenticeship.Contractor agrees to post in conspicuous places, availat.employees and applicants for employment, notices to belvided by the Contr.acting Officer setting forth the provisithis Nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisemei.employees placed by or on behalf of the Contractor,all qualified applicants will receive consideration for empiment without regard to race, creed, color or national ori

The Contractor will send to each labor union or repre

of workers with which he has a collective bargaining. agreor other contract or understanding, a notice,to be providE

the Contracting Officer, advising the said labor union or

representative of the Contractor's commitments under this

tion,. and shall post copies of the notice in. conspicuous place.:

available to employees and applicants for employment.

d. The Contractor will comply with all provisions of ExecutiveOrder No. 10925 of March 6, l96l, as amended, and of the

rules, regulations and relevant orders of the President's

Committee on Equal Employment Opportunity created there-

-2-

c.

by.

Contraèt..

e The Contractor will furnish all information, aquired by Executive Order No 10925 of Marc1amended, and by the rules, regulations and orc1said Committee,, or pursuant thereto, and wil1'-to his books, records and accounts by the (the Committee for purposes of investigaton tocompliance with such rules, regulations and order'

f. In the event of the Contractor's'non-compliance widiscrimination clauses of this contract or with any oirules, regulations or orders, this contract may be àterminated, or suspended, in whole or in part, and -

tractor may be declared ineligible for further Gover]contracts in accordance with procedures authorizedcutive Order No. 10925 of March 6, 1961, as amc-such other sanctions may be imposed and remedies invias provided in the said Executive Order or by rule, règtion or order of. the President's Committee on Equal :ment Opportunity, or as otherwise provided by law.

g. The Contractor will include the provisions of Paragraphs..through g. in every subcontract or purchase order unlesexempted by rules, regulations or orders of the PresidcCommittee on Equal Employment Opportunity issued pursuant to Section 303 of Executive Order No. 10925 of.Marc6, 1961, as amended, so that such provisjons will be U'upon each.subcontractor or vendor. The Contractor will tsuch action with respect to any subcontractor purchase 'as the Conimission may direct as a means of enforcing sprovisions, including sanctions for noncompliance; provid.however, that in the event the Contractor becomes involvedin or is threatened with, litigation with a subcontractor orvendor as a result of such direction by the Commission,the Contractor may request the Commission to enter intosuch litigation to protect the interests of the Government.

ier terms and conditions of Contract AT(29-l)-1106, as previouslyd, shall remain unchanged and in full force and effect

WHEREOF, the parties hereto have executed this Supplemel-several counterparts

-3-

I,

: ..

ModificContrac - -

THE UNITED STATES..IBY U S ATOMIC ENERG

BY: L.P. GiseActing ManagerAlbuquerque Op eratiContracting Officer

THE DOW CHEMICAL COMPAN'

Two witnesses as to signatureof Contractor:


CORPORAT CERTIFICATE

H Lyon certify that I am. theAssistant_the corporation named as Contractor herein; that Calvin 'A.if

signed this Supplemental Agreement on behalf of saidcorporE..-Vice President of sai4 corporation, that this Supp -

Lexnent was duly signed for and in behalf of said corporation by ri governing body, and is within the scope of its corporate powei'"ve set my hand and the seal of the said corporation hereto 01

____day

of August , 1963

H. H. Lyon

DATE: August 9, 1963

DATE: August 19, C 1963 BY: Calvin A. Campbell

.Tiilie Michalskv

Richard W. Barker, Jr.

Route #7, Midland, Michigan

Address

318 Fraser Street, Bay City, MichiganAddress

-.4-


P. o. BOX 5400ALBUQUERQUE, NEW MEXICO

This SUPPLEMENTAL AGREEMENT, effective the 14th day of June, 1963,by and between THE UNITED STATES OF AMERICA (hereinafter calledthe "Government"), represented by the UNITED STATES ATOMIC ENERGYCOMMISSION (hereinafter called the "Commission"), and THE DOW CHEM-

S ICAL COMPANY (hereinafter called the "Contractor"), a corporation or-ganized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government andthe Contractorentered into Contract AT(29-1)-1106 for the management and operation bythe Contractor of the Commission's Rocky Flats Plant and for relatedwork; and

WHEREAS, the said contract has previously been amended by ModificationsNos. 1 through 56, 58, 61 through 64, 66 thrigh71, 73 through 96; and

WHEREAS, the parties. desire to further amend the contract to reduce theobligation of funds; and


NOW THEREFORE, the parties agree that Contract AT(29-l) 1106, aspreviously amended, is herebyfurther amended in the following particularbut in no others:

Paragraph 3., ARTICLE V - TERM, ESTIMATES OF COST, OBLIGATIOrq OF FUNDS, FIXED FEE AND FINANCIAL PLAN, is changedmit8 entirety to read as follows:


Modification No. 97Supplemental Agr eemeut,Contract AT(29-1)-l106

Midland, MichiganAddress

THE UNITED STATES OF AMERICABY U S ATOMIC ENERGY COMMISSION

BY: /5/ Ralph P. JohnsonRalph P. JohnsonAssistant Manager forAdministrationconttactiLñgfficer


BY:/s/ H. D. Doan

TITLE: President

Address —2-

Modifica,1Contract

"3. The Commission hereby reduces the obligationof funds by Two Million Six Hundred Five Thou-sand'Five Hundred Dol1rs ($2, 605, 500. 00)making the total obligation under this, contractTwo Hundred Four Million Seven Hundred Ninety-nine Thousand Dollars ($204,799,000.00) £or:allpurposes. from its inception."

All other terms and conditions of Contract AT(29-l)-11O6, aspreviouSl,.amended, shall remain unchanged and in full force and effect

IN WITNESS WHEREOF, the parties hereto have executed. this Supplemer...1

Agreement in several counterparts

S

DATE: June 19, 1963

. DATE:_ June 25, 1963

Two Witnesses as toSignature of Contractor:

/s! Ann Robinson

/s/ J. R. Sinclair

Midland, Michigan

Modification No. 97Contract AT(29.-l).-1F

W. A. Groening, Jr. , certify that I am the Assistant Secretaryof the corporation named as Contractor herein9 that Jwho signed this Supplemental Agreement on behalf of said corporation wag.then President of said corporation; that this. Supplemezi.tal Agreement was duly signed for and in behalf of said corporation byauthority of it8 governing body, and is within the scope of .its corporatepowers;, and that I have set my hand and the. seal of the said corporationheretoonthis 26 day of June — , 1963

(SEAL)

Is! W. A.. Groening, Jr.



P. 0. BOX54OOALBUQUERQUE, NEW MEXICO

Modification No. 96Su.pplemental AgreementContract AT(Z9.1)..1lO6


This SUPPLEMENTAL AGREEMENT, effective the 1st day of July, 1963,by and between THE UNITED STATES OF AMERICA (hereinafter called the"Government"), represented by the UNITED STATES ATOMIC ENERGYCOMMISSION (hereinafter called the "Commission"), and THE DOW CHEM.ICAL COMPANY (hereinafter called the "Contractor"), a corporationorganized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, effective January 18, 1951, the Government and the Contractorentered into Contract AT(29-1)1l06 for the management and operation bythe Contractor of the Commission's Rocky Flats Plant and for related work;and

WHEREAS, the said contract has previously been amended by ModificationsNos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through 95; and

WHEREAS, the parties desire to further amend the contract to provide fo?the Contractor's fixed fee and Scope of Work for the period July 1, 1963through June 30, 1964; and

WHEREAS, the parties desire to amend the contract by substituting a provision entitled, "Work Hours Act of 1962 Overtime Compensation" for theprovision entitled, "Eight.Hour Law of 1912 Overtime Compensation,"and to make other changes in the terms and conditions of the contract asmore particularly described hereinafter; and

Modificatioti IContract .AT:, -,

WHEREAS, the parties desire to amend ARTICLE XXXVIII - NUCLEAHAZARDS INDEMNITY, of this contract to provide to theContractor against claims for public liability with respect to nuclear inci-dents occurring outside the United States, to the extent authorized by theamendments to the Atomic Energy Act of 1954 made by the Act of August29, 1962, 76 Stat. 409 (Public Law 87-615); and

WHEREAS, this Supplemental Agreement is authorized by and exeàutedunder the Atomic Energy' Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29-l)-1106, aspreviously amended, is hereby further amended inthe following particularsbut in no others:

1. Paragraph 2., ARTICLE V - TERM ESTIMATES OF COST, OBLIGA-TION OF FUNDS, FIXED FEE, AND FINANCIAL PLAN.is changed inits entirety to read as,follows:

"2. Estimate of Cost and Fixed Fee. The estimated cost ofthe work under this contract for the. period July 1, 1963through June 30, 1964, is Forty-six Million One HundredNinety-nine Thousand Dollars ($46, 199, 000. 00), exclu-sive of the Contractor's.fixed fee. The Contractor's fixedfee for performance of .the work during the period July 1,1.963 through June 30, 1964, is One Million Four HundredForty-six Thousand Dollars. ($1, 446, 000. 00). The Con-tractor shall also receive a fixed fee for performance ofwork in subsequent periods during the term of this con-tract, each such fee to be based upon the.work to'. be. per-formed in the period involved and to. be as negotiated anddetermined prior to the start of the period. involved or atsuch later time as the parties may agree. If the afore-mentioned determination has not been made prior to thestart of the period involved, the Contractor shall continueto receive monthly payments on account of fixed.fee at therate In effect during the prior period. Appropriate adjust-ment will be made promptly upon determination of the fixedfee fr the.new period."

-2-

"C. Consulting services (including legal and accouting) andrelated expenses, as approved by the Contracting Officer,except as made tmallowable by'Subparagraph4. z."

Salary or other Compensation (and expenses related there-to) of any individual employed under this contract as a con-sultant or in aiother comparable eznploeiit capacity whois an employee of another organizatjo and concurrentlyperforming work on a full-time annual basis for that organ-ization under a cost-type contract with the Commission,except to the extent that cash payment therefor is requiredpursuant to the provisions of this contract or procedures ofthe Commission applicable to the, borrowing of such an indi-vidual from another cost-type contractor, '4. Paragraph. 8. of ARTICLE XI - PROPERTY, is deleted In its entirety.5. ARTICLE Xiii - REQUIRED BONDS AND INSURANCE - EXCLUSIVEOF GOVERNMENT PROPERTY, is arnezided,i its entirety to read asfollows:

"The Contractor shall procure and maintain such bonds and in-surance as are required by law or by the written directions ofthe Contracting Officer. The terms of any such bond or insur-ance policy shall be submitted to the Contracting Officer forapproval, upon request. In view of the provisions of the articleentitled "Property," the Contractor shall not procure or main-tain, for its own protection any insuranèe (including self-irisur-ance or reserves) covering loss or destruction of or damage toGovernent Property."

—3-

Mod if icatjou:1Contract AT(29...I

2 Subparagraph c of Paragraph 3 of ARTICLE VI - ALLOWABLE cAND FIXED FEE, is amended in its entirety to. read as follows:

3.

liz.

A new Subparagraph z. of Paragraph 4., ARTICLE VI - ALLOWABLECOSTS AND FIXED FEE,. is added:

I

-4-

Modification rContract AT(29-.1

6. Paragraph 3. of ARTICLE XXI - CONTRACTOR'S ORGANTZATIC.is amended in its entirety to read as follows

"3 Control of Employees The Contractor shall be respon-sible for maintaining satisfactory standards of employeecompetency, conduct and.integrity and Bhall be. réspon-sible for taking such disciplinary action with respect tohis employees as may. be necessary. The Contractorshall establish such standards and procedurèsas arenecessary to implement effectively the provisions setforth in Atomic Energy Commission Procurement Reg-ulation.9-l2. 54, as that regulation appeared in the Fed-eral Register, Volume 28, Number 49, dated March 12,1963, and such standards and procedures shall be sub-ject to the approval of the Contracting Officer.'

7. A new Paragraph 4. is added to ARTICLE XXI - CONTRACTOR'SORGANIZATION, as follows:

"4. Consultant or Other Comparable Employment Services

of Contractor Employees. The Contractor shall requireall employees who are employed full-time (an individualwho performs work under the. cost-type contract on afull-time annual basis) or part-time (50% or more of reg-ular annual compensation received under terms of a con-tract with the Commission) on the contract work to dis-close to the Contractor all consultant or other compara-ble employment services which the employees propose toundertake for others. The Contractor shalltransmit tothe Contracting Officer all information obtained from suchdisclosures. The Contractor will require any employeewho will be employed full-time on the contract work toagree, as a condition of his participation in such work,that he will not perform consultant or other comparableemployment services for another Commission cost-typecontractor.or in the atomic energy field for another or-ganization except with the prior approval of the Contractor.

Modificaton Np. 9Contract AT(29—i)-.11

I the Contractorbe],ieves, with respect to any em.ployee who is employe4.full-time on the contractwork, that anyproposed consultant orothercom-parable employment service for an organization intFe atomic energy field other than a Commissioncost-type contractor may involve (a) a rate of re-muneration significantly in excess of the employee'sregular rate of remunerationW* (b) a significant ques-tion concerning possible conflict with (1) the Commis..sion's policies regarding: conduct of employees of theCommission's Contractors, (2) the Contractor's re.-sponsibility to report ftiUy and promptly to the Com-mission all significant research and. development in-formation,. or,(3) the patent provisions. of the Con-tractor's contract with the Commission, the Contrac-tor shail. obtain the prior approral of the ContractingOfficer for such çonultant or other comparableemployxpexit service."

8. Paragraph 1. of ARTICLE XXII -• LABOR, is amended to read.asfollows:

"1. . Woric. Hours Act o 1962 ...Overtime Compensation.This contract, to the extent that it is of a. characterspecified in. the Work..Hour : Act of 1962 (Public Law87—581, 76 Stat. 357.-360) and is not covered.by the

Waish-Healey Public Contra.cts: 4ct (41 U.S. C.. 35-45), is subject to the following provisions and to allother provisions and exceptions of said.Work.HoursAct of 1962.

"a. No Contractor or subcontractor contracting forany part of the contract work shall require or

permit any .laorer or mechax.ic to be employed

qn such work in excess of eight hours in any

calendar day orin excess of forty hours in any

ModificatiOn 1.Contract A'r(2 .

workweek unless such laborer or mechanic. re-C eives compensation at a. rate not less . than oeand one-half times, his. basic rate of pay, for allhours worked in excess of eight hours in anycalendar day or.in. excess of forty hours in'suchworkweek, whichever 'is the greater number ofovertime hours.

"b. In the event of any violation of 'the provisions ofSubparagraph a., the Contractor' and 3ny'sub-contractor responsible for such violation shallbe liable to any affectedemployee for his unpaidwages. In addition, such Contractor or subcon-tractor shall beliableto the' United States' forliquidated damages. Such liquidated damagesshall be computed, with respect. to each indivi-dual laborer or mechanic employed in, violationof the provisions of Subparagraph a., in the sumof Ten Dollars ($10. 00)for each calendar day onwhich such employee was required or permittedto work.inexcess of eight hours or inexcessofforty hours, in a. workweek' without payment of therequired overtime wages.

"c. The Contracting Officer may withhold, or causeto be withheld, from any moneys payable on ac-count of work performed by the Contractor orsubcontractor, the, full amount of wages required'by this contract and such sums a's mayadminia-tratively be determined to be necessary to sat-isfy any liabilities of such Contractor'or Subcon-tractor for liquidated damages as provided inSubparagraphb.

"d. Insertion of Clauses in Subcontracts. The Con-

tractor agrees to insert the foregoing Subparagraphs

-6-

Modification No 96Contract

a , b and c , and this Subparagraph d in allsubcontracts "

9 Paragraph 4 of ARTICLE XXV - SECURITY, is amended in itsentirety to read as follows:

"4. Security Clearance of Per sozuiel. The Contractorshall not permit any individual to have acces toRestricted Data, or other classified information,except in accordance with the Atomic Energy Actof 1954, as amended, and the Commission's reg.ulations or requirements,"

10. Paragraph 1. of ARTICLE XXXVIII - NUCLEAR HAZARDS INDEM-NITY, is. amended in the first sentence to refer to PiSubsecti 170(d)" of the Atomic Energy. Act instead of "Section 170."11. Paragraph 3. a. of ARTICLE XXXVIII - NUCLEAR HAZARDS INDEMNITY,. is amended.jn its entirety to read as follows:

"3. a.. To the extent that the Contractor and other personsindemnified are .not compensated by any financialprotection permitted or required by the Commission,the Commissjon.wji indemnify the Contractor, andother persons. indemnified, against (1) claims for pub-lie liability as described in Subparagraph.b. of thisPa.ragraph. 3. and (ii) the, reasonable costs of investi-gating and settling claims and defending suits for dam-age for such public liability, provided that the Com-mission's. liability, including such reasonable costs,under all indemnity agreements entered into' by theCommission under Section 170 of the Act, includingthis contract, shall not exceed Five Hundred MillionDollars ($500, 000, 0iO. 00) in the aggregate for eachnuclear incident occurring within the Uthted.States orOne Hundred Million Dollars ($100, 000, 000. 00) in the

-7-

Modification No. 94Contract AT(29..l).-1106

aggregate for each nuclear incident occurring, outside.. the tJStates. irrespective of the number of persons indemnified inconnection.with this contract.

hereto have executed this Supplemental


BY: Is! K. F. Hertford —

DATE: June 13, 1963


All other terms and conditions of Contract AT(29 -1)-li 06, as previouslyamended, shall remain unchanged and in full force and. effect.

WITNESS WHEREOF, the partiesAgreement in several counterparts.

Witnesses as to Signature'S fContractor:

Is! J. K. Kanes BY: Is! H. D. Doan

Midland MichiganAddress

/s! J. R. Sinclair

Midland, Michigan

Addxess

TITLE: President

-8-.

4 .

Modification No.. 96Contract AT(29 -.1) -11 06

a

CORPORATE CERTIFiCATE

I,W. A. Groenin, Jr. , certify that I am the - Assistant Secrtary

of the corporation named as Contractor herein, that H D Doanwho signed this Supplemental Agreement Ofl behalf of said corporation was

then President _of said corporation; that this SpplementaI

Agreement wa dily signed.for and in behalf of said corporation by authority

of its governing body, aud is within the scope of its corporate powers; and

that I have set my hand and the seal of the said corporation hereto on this

z6 day of June 1963.

1sf W. A. Groenina, Jr.

(SEAL)

.

-9-


P 0 BOX 5400ALBUQUERQUE, NEW MEXICO

Modification No 95Stpplementa1 AgreementCdntract AT(29-l)-1106


This SUPPLEMENTAL AGREEMENT, effective the 1st day of December1962,. by and between THE UNITED STATES OF AMERICA (hereinaftercalled the "Government"), represented by the UNITED STATES ATOMICENERGY COMMISSION (hereinafter called the "Commission"), and THEDOW CHEMICAL COMPANY (hereinafter called the "Contractor"), acorporation organized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractorentered into Contract AT(29-1)-llO6 for the management and operationby the Contractor of the Commission's Rocky Flats Plant andfor re-lated work; and

WHEREAS, the said contract has previously beenamended by Modifica-tions Nos. 1. through 56, 58, 61 through 64, 66 through 71, 73 through

and

WHEREAS, the parties desire to further amend the contract to provideadditional funds; and


NOW THEREFORE, the parties agree that Contract AT(29-l.)-1106, aspreviously amended, is hereby further amended in the following particularbut in. no others:

Paragraph 3. ARTICLE V - TERM, ESTIMATES OF COST, OBLIGATIONOF FUNDS, FDCED FEE, AND FINANCIAL PLAN is changed in itsentirety to read as follows:

Mi42dtjon ..—---'ontract ATL .

"3 The.Cornmjssjoj1 hereby obligates, an additional Thirty-fourMillion Or Hundred Eighty-Seven Thousand Dollars($34, 187, 000. 00) making the total obligation under thisContract Two Hundred Seven Million Four Hundred FourThousand Five Hundred Dollars ($207, 404, 500. 00) for allpurposes from its Inception. U

All other terms. and, COndjti of Contract AT(291).4 106, as previouslyamended,. shall remain unchanged and In, full force and effect.IN WITNESS WHEREOF, the parties hereto have executed this Supple-mental Agreement in several counterparts

THE UNITZD STATES OF AMERICABY: ATOMZC ENERGY COMMISSION

BY: t./L.P.GXSZ1.1. GIBE, LCT!1 WAIIAGU£3.buqu.rqui Operationi Offic.Contracting Office,

THE DOW CHEMICAL COMPANy'

BY: /*/LD.DO*J

TITLE:. Pdant

CORPORATE CERTiFICATE

IPC*1,jn A. O.apbell , certify that I am theof the corporation named as Contractor herein; thatwho signed this Supplemental Agreement on behalf of said, corporation wasthen. of said corporation; that this SupplementalAgreement was duly signed for and in. behalf of said corporation by authorityof its governing body, and Is within the scope of its corporate powers; a.ndthat I. have set my hand and the seal of the said corporation hereto on thisof

, 1962

baiLul A, CAI.

.

(SEAL)

-2-



Modification No. 94Supplemental AgreementContract AT(29-1)-.1106


This. SUPPLEMENTAL AGB.EMENT, effective the 1st day of October1962,, by and between THE UNITED STATES.OF AMERICA 'thereinaftercalled. the "Government"), represented by. the U1TED STATES ATOMICENERGY COMMISSION (hereinafter called the "Commission"),. and. THEDOW CHEMICAL COMPANY (hereinafter called the "Contractor"), acorporation organized. and existing under the laws of the State of Delaware,

.WITNESSETH THAT:

WHEREAS, on.January 18,. 1951, the Government and the Contractorentered. into Contract AT(29-1)1106 for the management and operationby the Contractor of the Commission's. Rocky, Flats Plant and for re-lated work; and

WHEREAS, the said contract has previously been amended by Modifica-tions Nos. 1 through.56,. 58, 61.tbrough 64, 66 through 71, 73 throughandWHEREAS,. the parties desire to further amend the contract to provideadditional funds; and

WHEREAS, this. Supplemental Agreement is authorized by and executedunder the Atomic:Energy Act of 1954, as amended.

NOW THEREFORE, the parties agree that Contract AT(29 -1) _i1 06,. aspreviously amended, is hereby further amended in the following particu1but in.no others:

Paragraph 3. ARTICLE V, TERM, ESTIMATES OF COST,. OBIOF FUNDS,.. FIXED FEE, AND FINAN.CLAL PLAN s changed fnttentirety to read as. follows: , .

Modification No. 94Contract AT.(29-'l)-l 106

"3. The Commission hereby obligates an additional Five Millionollars.($5, 000, 000.00) making, the total obligation undexthis. contract One Hundred Seventy-three Million. Two HundredSeventeen. Thousand. Five Hundred Dollars ($173, 217,, 500. 00)for all purpose s..from its inception."

All other terms and conditions of Contract AT(29-1)l 106, as previouslyamended, shall remain unchanged and in full fOrce. and, effect.

IN WITNESS WHEREOF, the parties hereto have executed this Supple-mental Agreement in several counterparts.

THE UNITED STATES OF AMERICABY: ATOMIC ENERGY COMMISSION

s.awi flnu

______

•


BY :$•

BY: rnTITLE:


I, , certify that I am the Iof the corporation named as Contractor herein; that jwhoi' ed this Supplemental Agreement on behalf of s.id. cthen ,

of said corporation; that this Supp.e1Agreement was dulysigned for and in behalf of said corporatof its governing body, and is within the scope of its cOr'that.I have set my hand and the seal of the said corporation

dayof

_________________

1962.

-2-

•- :.-

UNITED STATESATOMIC ENERGy COMMISSION



Modification No. 93Supp1ernental AgreementContract AT(29_1)_1106

This SUPPLEMENTAL AGREEMENT, entered into this 13th day of September1962, by and between THE UNITED STATES OF AMERICA (hereinaftercalled the "Government"), represented by the UNITED STATES ATOMICENERGY COMMISSION (hereinafter called the "Commission"), and THE.DOW

CHEMICAL COMPANY (hereinafter called the "Contractor"), acorporation organized and existing under the laws of the State of Delaware,

WITNESSETH THAT:

WHEREAS, on January 18, 1951, the Government and the Contractorentered into Contract AT(29.-1)_1106 for the management and operationby the Contractor of the Commission's Rocky Flats Plant and for re-lated work; and

WHEREAS, the said contract has previously been amended by Modifica-tions Nos. 1 through 56, 58, 61 through 64, 66 through 71, 73 through92; and

WHEREAS, the parties desire to further amend the contract to provide•additiona]. funds; and

WHEREAS, this Supplemental Agreement is authorized by and executedunder the Atomic Energy Act of 1954, as amended

NOW THEREFORE, the parties agree that Contract AT(29.4)-1lo6, aspreviously amended, is hereby further amended in the following particularbut in no others:

Paragraph 3. ARTICLE V, TERM, ESTIMATES OF COST, OBLIGATUOF FUNDS, FIXED FEE, AND FINANCIAL PLAN is changed in itsentirety to read as follows:

Contr

The Commission hereby obligates an additional One MuFive Hundred Thousand Dollars ($1, 500, 000) making Ltotal obligation under this contract One Hundred Sixty-eigMillion Two Hundred Seventeen Thousand Five Hundredlars ($168, 217, 500) for all purposes from its inception

"

slyI

IN WITNESS WHEREOF, the parties hereto have executed this SupplmentalAgreement in several counterparts.

'L.

THE UNITED STATES OF AMERICABY: ATOMIC ENERGY COMMISSION

BY:

1*$ITHE DOW

BY:,$, RaTITLE:


I,

_________________________

certify that I am the

_____________________

of the corporation named as Contractor herein; thatwho signed this Supplemental Agreement on behaLf of saidMp!Pon wasthen

___________________________

of said corporation; that this SupplementalAgreemen was uly signed for and in behalf of said corporation by authorityofits governing body, and is within the scope of its corporate powers; andthat I have set my hand and the seal of the said corporation hereto on this

dayof

________,

1962,

-2-1W *i* 1t±fl

"3.

All other terms and conditions of Contract AT(29-1)-1106, as previoamended, shall remain unchanged and in full force and effect.

(SEAL)

UNITED STATES ATOMiC ENERGY COMMISSION

REIMBURSEMENT AUTHORIZATION

PAGE

LOCATION

Rocky Flats, Colorado

DATE OF CONTRACT

January 18, 1951

447

264

246

229

215

- 208

116

— L

.vFlatS PlantcOTRAcTOR

The Dow Chemical Company

CONTRACT NO.

AT(29—1) -.1106The following revision or addition to the approved employment policies and wage and salary schedules of the contractor

Is approved as an allowable cost, effective March 20, 1967

•Appendix A, Schedule I, Part A, Series RF is revised as follows:

Addition of Classifications

CLASSIFICATION

EVALIJAT IONPOINTS

CODE

RF-278

RF-280

RF-279

RF-275

RF .-2 81

RF.-276

RF-277

I

Albuquerque Plant Manager

Albuquerque Quality Manager

Albuquerque Manufacturing Mgr

Program Engineering Supervisor

Albuquerque Services Manager

Product Engineering Supervisor

Keypunch Operations Supervisor

2. Deletion of Classification

CLASSIFICATICODE_

RF—226 Records Management Coordinator

EVALUAT IONPOINTS

131

tD FOR THE ATOMIC ENERGY COMMISSION BY—

TITLE

DATE

3. Change of Classifications

CLASS IF ICATION.

Employee Relations ManagerEmployee Relations Manager

Labor Relations ManagerLabor Relations Manager

Safety & Loss Prevention Mgr

DATE:

p lairS

a United States

REIMBURSEMENT AUTHORIZATION NO. ..L_contracto' Dow Chemical Companontract No. AT(291) ilOi

CODE

OldNew

RF-268RF-284

OldNew

EVALTJATl.POINTS

RF—36RF.-285

OldNew

RF-37RF-286

354.339

OldNew

RF-38RF-283

Safety & Loss Prevention Mgr

239264

Administrative Services MgrSalary Administration Manager

239215

238215

APPROVED FOR THE

- ' .Generi

'UNITED STATES ATOMIC ENERGY COMMISSION

.._..iBURSEMENT AUTHORIZATION

DATE OF CONTRACT

PAGE 1 OF'

Appendix A, Schedule I, Part A, Series RF is revised as follows:

,1. Addition of ClassificatiOnsEVALUAT ION

CODE CLASSIFICATION POINTS

RF-290 Advanced Systems Manager 229

RF—289 Systems Programming Supervisor

RF—288 Sr Programmer

RF—282 Production Control Supervisor

RF-.292 Sr Illustration Specialist

RF—291 Illustration Specialist

181

158

153

136

117

2. Deletion of Classifications

EVALUATIONCLASSIFICATION POINTS

Programming Supervisor

Production Control Supervisor

Production Control Leader 1l7

--jF1ats Plant

LOCATION

cONTRACVOR

The Dow Chemical CompanyCONTRACT NO.

Rocky Flats, Colorado.1

AT(29—1)—l106 January 18, 1951The following revision or addition to the approved employment policies and wage and salary schedules of the contractor

Is approved as an allowable cost, effective April 3, 1967.

CODE -

RF-211

RF-8

RF-.191

RF—224

General Services Consultant 315

158

134

APPROVED F THE NTRACTOR BY:

m L1 L M. Joshel

______

FOR THE 4A

Title: General ManaEer.1 COMMIS$)ON BY—

Jr.Manager

.TT1L Rocky Flats

DATE:

APR 10 1967

DATE May IS, 1967

2*4 '1 -

P. 0. BOX · Add ARTICLE XL - NUCLEAR REACTOR SAFETY to read as follows: "ARTICLE XL - NUCLEAR...

Documents

Transcript of P. 0. BOX · Add ARTICLE XL - NUCLEAR REACTOR SAFETY to read as follows: "ARTICLE XL - NUCLEAR...