Contractor may within thirty (30) days from the receipt of written notice of such decision appeal in writing to the Maritime Administrator. The decision of the Administrator shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with such appeal to the Administrator, the Contractor shall be afforded an opportunity to be heard before the Administrator, or before the representative or representatives of the Administration appointed by the Administrator for the hearing of said appeal and to offer evidence in support of the appeal. ARTICLE 36. ASSIGNMENT Pursuant to the provisions of the Assignment of Claims Act, 1940 (Title 40 U.S. Code Section 15), claims for money due or to become due the Contractor from the Administration under this Contract may be assigned to a bank, trust company or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned by any such institution. Any such assignment or reassignment shall cover all amounts payable under this Contract not already paid, and shall not be made to more than one party as agent or trustee for two or more parties participating in such financing. ARTICLE 37. OFFICIALS NOT TO BENEFIT OR BE EMPLOYED No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, except as provided in Section 116 of the Act, approved March 4, 1909, Title 41 U.S. Code Section 22. ARTICLE 38. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract for a commission, percentage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Administration shall have the right to annul this Contract or any Work Order issued thereunder without liability or in its discretion to deduct from the Contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 39. WORK PERFORMED OTHER THAN BY CONTRACTOR When, because of the condition or location of the Vessel or for any other reason the Administration deems it impracticable or undesirable to bring the Vessel into the facilities of the Contractor, then the Administration may cause the Vessel to be put into the facilities of any other Contractor for any necessary maintenance, modification or servicing of the Vessel. ARTICLE 40. RENEGOTIATION (a) This Contract shall be deemed to contain all of the provisions required by Section 104 of the Renegotiation Act of 1951, as extended. (b) The Contractor shall insert provisions of this Artcle 40 in each subcontract and purchase order made or issued in carrying out this Contract. (c) In the event the Renegotiation Act of 1951 is not extended and thereafter Congress shall enact a public law for the renegotiation of profits, this Contract shall be subject to such public law and to the extent indicated therein, providing for such renegotiation and shall be deemed to contain all of the provisions required by any such public law without subsequent amendment of this Contract, specifically incorporating such provision. ARTICLE 41. NO NOTICE TO SURETIES Any and all actions under this Contract may be taken by the Administration and its representatives without notice to any surety or sureties on any bond or bonds executed by and on behalf of the Contractor in connection with work hereunder. ARTICLE 42. DEFINITIONS (a) Agent shall mean States Marine Lines, Inc., or any other person, corporation, partnership or entity designated by the Administration. (b) Facilities shall mean shipyards, piers, land, buildings or any other structure, material, etc., more fully described in the Scope, which the Contractor has designated, by notice to the Administration, to be used in the performance of this Contract. (c) Work Order shall mean any one or more Work Orders issued under this Contract and the plans and specifications thereto as modified by all changes to said Work Orders and plans and specifications. (d) The terms Administration shall mean the Maritime Administration or its duly authorized representative(s). (e) Maritime Administrator shall mean the Administrator of the Maritime Administration. (f) Barge shall mean the Maritime Administration's Nuclear Servicing Vessel, the NS ATOMIC SERVANT. In witness whereof, the United States of America, represented as aforesaid, has caused this contract to be executed on its behalf in five counterparts the 29th day of April, 1960, and Todd Shipyards Corporation has caused this contract to be executed on its behalf in five counterparts the 29th day of April, 1960. UNITED STATES OF AMERICA, DEPARTMENT OF COMMERCE, MARITIME ADMINISTRATION. "Regulations applicable to contractors and subcontractors on public building and public work and on building and work financed in whole or in part by loans or grants from the United States. (6 pages) MAURICE J. TOBIN, MAINTENANCE AND SERVICING CONTRACT-SCOPE OF WORK I. INTRODUCTION The work to be performed consists of furnishing facilities and services for maintaining the N.S. SAVANNAH, with respect to both conventional and nonconventional features, and generally furnishing a home base for the vessel. The facilities which make up a central servicing system for the SAVANNAH are defined, as follows: 1) Nuclear Servicing Vessel; 2) Nuclear Shore Facility: 3) Nuclear Ship Maintenance Site; 4) Nuclear Ship Refueling Site; 5) Nuclear Ship Waste Transfer Site; and 6) Nuclear Ship Drydocking Site. The non-conventional services associated with a central servicing system are those required to accomplish nuclear plant maintenance and modification, refueling, waste handling and transfer, handling and storage of new and irradiated fuel, provision of radiation safety measures, training and mock-up programs, and carry out testing and development programs. The Administration proposes to furnish the Nuclear Servicing Vessel ATOMIC SERVANT, MA Design B2-MA-51a, equipped with a spent fuel pit, as a flexible component to the system. However, the Contractor will be expected to operate, maintain, furnish crew, and transport this vessel wherever it may be needed. In addition to the Nuclear Servicing Vessel, the Administration also proposes to furnish, or have furnished by others, at least one shipping container for transportation of irradiated fuel from pierside to a reprocessing site. Although complete information on the shipping container itself is not available at this time, the Contractor will be required to load spent fuel from the Nuclear Servicing Vessel into the shipping container and otherwise prepare it for shipment. Advisory services will be provided during the loading operation by the spent fuel shiping contractor, who also will take charge of the shipping container and its subsequent movements immediately following the loading opera tion. The Administration also proposes to furnish certain refueling and other equipment for nuclear work which the Contractor will operate and maintain as further described herein. The Contractor will take the necessary action to become licensed by the AEC as required in performing work under this maintenance and servicing contract. The Contractor will be required to furnish a qualified nuclear staff to accomplish the non-conventional services that are determined to be necessary to keep the SAVANNAH in good operating condition or to upgrade the plant, and trained personnel for operation of the facilities which make up the central servicing system. While the Administration is primarily interested in establishing one site that will provide a complete and fully integrated servicing system, it reserves the right to utilize several sites if this becomes desirable or necessary in order to serve the interests of the program. Therefore, the Contractor shall be prepared to furnish servicing system components, as listed above, at more than one location, when requested and authorized by the Administration. The Contractor shall maintain close liaison and day to day working contacts with General Agent's staff, who will furnish technical guidance as necessary within the scope of authorized work. The Contractor is encouraged to request authorization for the loan of technical personnel from the General Agent's staff whenever this is deemed to be in the best interests of the program. Work under this contract will be authorized by assignment of work orders. In addition to work specified above, the Contractor will be expected to perform engineering studies and other investigations related to the maintenance and servicing program, when directed. Plans, specifications, procedures, manuals, reports, and instructions, prepared by the reactor builder, the building yards, and other contractors, will be furnished for guidance and will be used by the Contractor whenever practicable in accomplishing the work outlined herein. A. Conventional work II. SERVICES The Administration proposes to accomplish from time to time conventional maintenance and repairs and modifications to the non-nuclear portions of the SAVANNAH under the provisions of this maintenance and servicing contract, but reserves the right to assign this work to any repair yard of its choice under the terms and conditions of the MA Master Ship Repair Contract. The Contractor may be required from time to time to furnish safe berthing for the ship at one or more of its yards, and to accommodate an undetermined visitor load, even though yard work is not being undertaken at the time. However, it is intended that requests for such services will be held to a minimum. B. Nonconventional work 1. Modifications-Since the SAVANNAH is considered an experimental ship, it is proposed to make significant modifications to the nuclear plant for the purpose of upgrading the plant and to the view of demonstrating that nuclear power is a practical and economical means of propulsion for merchant ships. The modification program is expected to lead to substantial engineering, fabrication, erection, and testing work. This work will vary from year to year depending on specific programs approved and authorized by the Administration. 2. Maintenance and Repair-Maintenance will be undertaken periodically in accordance with schedules now under development. Repairs will be accomplished as necessary to restore the plant to its original condition during authorized availabilities. In general, it can be expected that maintenance and repairs will be performed on an annual and a voyage repair basis as soon as the SAVANNAH becomes a proven ship. The Contractor when authorized will provide plans, specifications and procedures for and perform work of the following types: (a) the handling of radioactive components which require maintenance or repair, (b) the maintenance or repair of nuclear system components, and (c) accomplishment of emergency repairs on a world-wide basis. 3. Refueling-Refueling normally will be scheduled on a triennial basis, preferably during an annual overhaul period. However, the first refueling may be scheduled at an earlier date. The refueling operation may include the shifting of irradiated fuel to other positions elsewhere within the core as well as removal for storage and subsequent reprocessing or possible reinstallation. The fuel programming will be at the option of the Administration. The Contractor when authorized will provide plans, specifications and procedures for, and perform work of the following types: a. Storage of the refueling equipment. b. Test of the refueling equipment. c. Train and qualify personnel in the use of the refueling equipment. d. Shipment of the refueling equipment to a refueling site other than the storage site. e. Unloading and checking of equipment at the refueling site. f. Operation of the refueling equipment at the refueling site. g. Operation and use of special equipment to be provided by the Contractor and/or the Administration. h. Decontamination of the refueling equipment. i. Preparation for shipment and the shipment of the refueling equipment from the refueling site to the storage site as may be required. 4. Waste Handling and Transfer-Liquid, solid and gaseous wastes will be discharged from the SAVANNAH periodically. The Contractor will receive these wastes, process and package them, and arrange for ultimate disposal, in accordance with applicable Federal, State, and local regulations in effect at the time. The Contractor when authorized will provide plans, specifications, and procedures for, and perform work of the following types: a. Transfer of demineralizer resin from the SAVANNAH to the Nuclear Servicing Vessel or to a shore facility. b. Transfer of contaminated water from the SAVANNAH to the Nuclear Servicing Vessel or to a shore facility. c. Transfer of miscellaneous solid wastes such as filters and charcoal adsorption units to the Nuclear Servicing Vessel or to a shore facility. d. Preparation of the wastes received and/or generated by the servicing facilities for shipment to a disposal site. e. Shipment of wastes to an ultimate disposal site. 5. New and Irradiated Fuel and Other Reactor Internals-The Contractor when authorized will provide plans, specifications, and procedures for, and perform work of the following types: a. Receipt, handling and storage of new fuel. b. Handling and storage of irradiated fuel elements, control rods, and reactor internals. c. Loading of irradiated fuel into shipping containers furnished by others. d. Ultimate disposal of irradiated control rods and other reactor internals designated as scrap material. e. Receipt, handling, storage and shipment of neutron and test sources and other miscellaneous radioactive items. 6. Radiation Safety-The Contractor will provide for radiation safety by forming a health physics organization within the central servicing system. The facilities provided in the Nuclear Servicing Vessel will be used to the maximum extent practicable to minimize duplication of facilities ashore. Health physics activities will be coordinated as necessary with those of the General Agent. The Contractor when authorized will provide plans, specifications, equipment lists, and procedures for, and perform work of the following types: a. Radiation monitoring of any operation concerned with radioactive components. b. Radiation monitoring of the environment surrounding the area where operations are to be performed. c. The activities of the health physics organization. d. Presentations to the AEC, other regulatory bodies, and the Advisory Committee on Reactor Safeguards. e. Maintenance of adequate records. 7. Water Chemistry-The Contractor shall furnish water chemistry services and provide demineralized water in such quantities and in such locations as may be required to service the ship. 8. Purchasing-The Contractor when authorized shall procure materials, equipment, parts, and components for the SAVANNAH, the Nuclear Servicing Vessel, and related servicing facilities. III. FACILITIES Facility requirements are described below. The breakdown of the requirements is made for clarity and does not necessarily imply a physical separation of facilities as one facility may meet some or all of the requirements. A. Nuclear servicing vessel The Administration will assign, and the Contractor will take custody of the Nuclear Servicing Vessel, at a mutually agreeable time and place. The Contractor will operate and maintain the vessel, and assume functions incident to operation and maintenance in accordance with the charter agreement hereto. B. Nuclear shore facility 1. General-This is the principal shoreside component of the central servicing system, and will perform several functions as follows: a. It will serve as a home base and provide berthing facilities for the Nuclear Servicing Vessel. b. It will serve as a depot for receiving, inspection and storage of spare parts for the SAVANNAH and the Nuclear Servicing Vessel. c. It will be a storage, maintenance, and testing site for the refueling equipment, and a training site for personnel. d. It will provide for handling and storage of fresh fuel elements. e. It will provide clean areas for nuclear work. f. It will provide office space and sanitary facilities for personnel. 2. Berthing Facilities a. This facility shall have a deep water aproach and pier capable of accepting the Nuclear Servicing Vessel, with vessel afloat at all times. b. The following utilities shall be furnished at the pier : Compressed air-100 psi-as required Fresh and potable waters- -as required Steam-as required c. Provide a crane capable of lifting 50 tons with an outreach over the Nuclear Servicing Vessel of at least 25 feet measured from the side of the vessel, and a hook height of at least 50 feet above water level at high tide. d. Rail or truck facilities shall be available under the crane hook. The crane shall be capable of lifting 50 tons at a hook height of at least 50 feet above the rails or roadbed below. 3. Spare Parts Storage-Warehousing space suitable for receipt, inspection, and storage of spare parts for the SAVANNAH and the Nuclear Servicing Vessel shall be provided and so located as to prevent damage from flooding and fire. Normal shipyard practice in handling and stowing spare parts will be acceptable unless other requirements are specified. 4. Equipment Storage, Maintenance and Testing Site-One of the major functions of the nuclear shore facility is to provide facilities for storage, maintenance, testing, and decontamination of refueling equipment. Test stands and mock-up(s) are to be furnished by the Administration, or built by the Contractor, |