Defueled Ex-Enterprise (CVN 65) Dismantlement and Disposal

This is a Request for Information (RFI) as defined in FAR 15.201(e).  The Naval Sea Systems Command (NAVSEA) is conducting market research to identify potential sources that possess the capability to dismantle, de-militarize, and dispose of ex‑Enterprise (CVN 65), including the defueled reactor plants in accordance with the attached Draft Summary Statement of Work (SOW), with all work done within the United States of America.

This notice is not a request for proposals or a promise to issue a Request for Proposal (RFP) in the future.  This notice is issued solely for information and planning purposes and does not commit the Government to contract for any supply or service.  The Government is not at this time seeking proposals and will not accept unsolicited proposals.  Respondents are advised that the Government will not pay for any information provided, or administrative costs incurred, in response to this RFI; all costs associated with responding to this RFI will be solely at the Respondent’s expense.  The Government will retain all responses, which will be protected as business sensitive and will not be released outside of the Government and the Government’s program support contractor(s).   Defense and commercial contractors, including small businesses, veteran-owned businesses, service-disabled veteran-owned businesses, HUB Zone small businesses, and woman-owned small businesses are encouraged to participate.  Not responding to this RFI does not preclude participation in any future RFP, if any is issued.  If an RFP is subsequently issued, it will be synopsized on the System for Award Management (SAM.gov) website.  It is the responsibility of the potential offerors to monitor for additional information pertaining to any future requirement.

Further, notice is not intended to seek input or comments on the Draft Environmental Impact Statement/ Overseas Environmental Impact Statement (EIS/OEIS) for Disposal of Decommissioned, Defueled Ex-Enterprise (CVN 65) and Its Associated Naval Reactor Plants [https://www.federalregister.gov/documents/2022/08/19/2022-17502/notice-of-availability-and-notice-of-virtual-public-meetings-for-disposal-of-decommissioned-defueled].  The public comment period for this EIS/OEIS was conducted between Aug. 19, 2022 and Oct. 3, 2022, and has now closed. 

BACKGROUND:

Ex-Enterprise (CVN 65), the first nuclear-powered aircraft carrier of the 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 Draft Summary SOW.  Ex‑Enterprise is currently stored pier-side at Huntington Ingalls Industries Newport News Shipbuilding in Newport News, Virginia.

Dismantling and disposing of ex- Enterprise is necessary in order to comply with Navy policy for inactive nuclear-powered ships stricken from the Naval Vessel Register, and Naval Nuclear Propulsion Program (NNPP) statutory responsibilities.  Disposal includes dismantling, demilitarizing, and recycling the remnant hull sections at an authorized commercial facility in accordance with applicable federal, state, and local laws, and removing and packaging the reactor plant components for transportation and disposal as low‑level radioactive waste (LLRW) at an authorized radioactive waste facility or facilities.

The SOW included in this RFI is modeled after successful and ongoing conventionally-powered Navy aircraft carrier dismantlement (by contract at commercial facilities), the Navy’s Surface Ship Support Barge (SSSB) dismantlement and disposal (by contract at a commercial facility), commercial nuclear power plant decommissioning (by contract with nuclear services companies), and the successful dismantlement of a U.S. Army barge (STURGIS) containing a defueled nuclear reactor (by contract with nuclear services companies at commercial facilities). Notably, several civilian, land-based, nuclear power plants, which are larger and more radiologically complex than Navy aircraft carrier reactor plants, have successfully been dismantled and disposed of by the commercial nuclear services industry.

Accomplishment of the radiological dismantlement effort will be conducted using Nuclear Regulatory Commission (NRC) regulations with enforcement for compliance provided via the contract.  Separately, NAVSEA anticipates arranging for NRC to provide the same reviews prior to dismantlement and the same amount of NRC inspection as would be required if a similar task were performed in the NRC regulated sector.  Further, NRC reviews and inspection findings would be provided to the contractor for action and to NAVSEA to ensure corrective actions by the contractor were carried out in accordance with the contract.  NAVSEA considers that such an arrangement provides a regulatory and contractual framework that is functionally identical to that associated with commercial nuclear power station decommissioning.  Further, this regulatory and contractual framework would be similar to that which has proven successful during the ongoing accomplishment of the Surface Ship Support Barge (SSSB) dismantlement [https://sam.gov/opp/9b849bb27d1a4181a14e231ee562f02a/view].  Examples of documents produced under this framework for the SSSB dismantlement can be found on the NRC Agencywide Documents Access and Management System (ADAMS) under Docket #99902091.  This arrangement does not divest the Naval Nuclear Propulsion Program (also known as Naval Reactors) of its regulatory authority per 50 U.S.C. §§ 2406, 2511.

Dismantlement of ex‑Enterprise requires identification, control, and disposal of regulated polychlorinated biphenyls (PCB) waste, asbestos, and other hazardous materials typical of those used in Navy ship construction in the 1950s, per all applicable Federal, state, and local regulations.  Further, dismantlement of ex-Enterprise must include de-militarization of the vessel and components within in compliance with the Department of Defense (DoD) Demilitarization Program, which implements the statutory requirements of the International Traffic in Arms Regulations (ITAR) [22 CFR Part 120 through 130], and the Export Administration Regulations [15 CFR Part 730 through 774].  The value of scrap and reusable material not otherwise restricted by the DoD Demilitarization Program removed from ex‑Enterprise can be used to offset some of the costs of dismantlement and disposal of radioactive and hazardous wastes in accordance with 10 U.S.C § 7305a.

The Navy intends to provide waterborne delivery of the entire ship to the successful bidder’s chosen non‑Governmental facility at a mutually agreeable date following contract award.  The facility must be located in the United States and work completed by U.S. citizens in accordance with U.S. regulation and policy derived from the Atomic Energy Act and Arms Export Control Act and have no limitations that would prevent removal of radioactive material from ex‑Enterprise and shipping LLRW and low-level mixed waste to an existing licensed waste disposal facility.

While no decision has been made on the type of contract that may be used in the future if a contract is awarded for dismantlement and disposal of ex-Enterprise, NAVSEA is considering dismantlement and disposal of the ex-Enterprise under a firm fixed price contract with progress payments based on milestones defined by the contract.  Some recent examples of such contracts exist within the commercial nuclear dismantlement industry.  NAVSEA suggests that respondents study examples of dismantlement and disposal efforts, such as the Zion and LaCrosse nuclear power plant dismantlement and disposal projects, and consider the feasibility of a similar approach applied to ex-Enterprise.  Nuclear Regulatory Commission (NRC) ADAMS documents ML16123A074 and ML13122A058 discuss the NRC evaluation of the contractual arrangements and guarantees for these dismantlement and disposal projects.  Similar documents related to the SSSB disposal, which was also contracted on a firm fixed price basis, can be found in NRC ADAMS under Docket # 99902091.

Dismantlement of the ex-Enterprise reactor plants involves work with “by-product material,” as such materials are defined in the Atomic Energy Act of 1954, as amended.  The Navy has not made a determination on the applicability of the contractual provisions for indemnification against nuclear risks under Public Law 85-804 (50 U.S.C. §§ 1431-35) and the framework and requirements for implementation of such an indemnity agreement described in Federal Acquisition Regulation (FAR) Part 50 for ex-Enterprise dismantlement and disposal.  Note that nuclear indemnification was not provided for the SSSB dismantlement and neither the SSSB nor ex-Enterprise disposals require disposition of nuclear fuel. 

RESPONSES:

Interested parties are required to respond to this RFI with a white paper in Adobe PDF compatible format.  Please limit responses to 60 pages or less (including cover and administrative pages); 1‑inch margins; and 12-point font (or larger).

Respondents should describe how they would propose to dismantle the reactor plants and package and transport the resulting components and LLRW to authorized LLRW disposal sites.  Further, respondents should describe how they would propose to dismantle and recycle the non-radiologically controlled portions of the ship before, after, or concurrent with reactor plant dismantlement and disposal.  Respondents should endeavor to provide as much information as possible, incorporate information from subject areas discussed above, as well as address ALL Questions for Respondents listed below.  Information provided shall be treated as Business Sensitive and will not be shared outside of Government activities and agencies and its program management support contractor(s), without the permission of the provider.

In support of developing a response to this RFI, the following information is made available:

• While a detailed SOW suitable for an RFP has not yet been prepared for ex-Enterprise dismantlement and disposal, a Draft Summary Statement of Work has been prepared and included with this RFI in order for respondents to understand the potential scope of the effort required.
• Dismantlement work will occur at a non-Government facility the respondent owns or has access to within the United States of America.
• Detailed information about ex-Enterprise and the defueled reactor plants can be found within the Draft Environmental Impact Statement (EIS) Environmental Impact Statement/ Overseas Environmental Impact Statement (EIS/OEIS) for Disposal of Decommissioned, Defueled Ex-Enterprise (CVN 65) and Its Associated Naval Reactor Plants available at the following website: https://www.carrierdisposaleis.com/Documents/Project-Documents/2022-Draft-EIS-OEIS
• The Navy has obtained a study from the Center for Navy Analyses (CNA) describing one possible approach for accomplishing ex‑Enterprise disposal and respondents are encouraged to review and provide comments or suggestions for the Navy to consider to assist in scoping potential future contract requirements.  The CNA study is available at the following website: https://www.carrierdisposaleis.com/Documents/Project-Documents/2022-Draft-EIS-OEIS under the header “2022 Draft EIS/OEIS Supporting Technical Documents”.
• No greater than Class-C radioactive waste is expected to be generated during dismantlement of ex-Enterprise.  Only the reactor vessels and internal structures are expected to contain Class-C radioactive waste, with the remaining reactor plant components anticipated to contain Class-A radioactive waste. 
• The Navy will continue to have ownership responsibility for all NNPP generated radiological materials but the Contractor will accept possession and responsibility for disposition of NNPP radiological materials in accordance with all Federal, State and local requirements.  Reports of disposition of NNPP radiological wastes will be provided to the Navy periodically and upon project completion.  
• The Navy would make available a Type B shipping container design certified by the NRC to meet the requirements of 10 CFR 71 for the purposes of shipping the reactor vessels with internal structures as part of the notional contract solicitation.  The Contractor may elect to use this shipping container design to procure fabrication services from qualified vendors, or the Contractor may choose to disposition the reactor vessels and internal structures by alternative methods (e.g., segmentation prior to packing).  The Contractor would be responsible for procurement of the reactor vessel shipping container(s) from qualified vendors; the Government will not provide shipping containers as Government Furnished Equipment (GFE).  Details of the reactor vessels (without the to-be-designed Type B shipping container) are included as an Attachment to this RFI.
• The Navy would make available a list of systems, spaces, and areas outside of the propulsion plant spaces that were identified as potentially radiologically impacted that were subsequently surveyed and any remediation and/or release activities.  This list will be provided to the Contractor for information to aid in project scoping, however, the Contractor is responsible for planning and implementing proper controls for managing the work within all spaces shipboard to comply with NRC regulations.
• The ship, to include the hull and any passive protection features, and reactor plants contain no physical equipment, structures, or arrangements that are controlled as classified.  Further no classified materials or information would be located in the ship, nor is classified information expected to be required to plan or accomplish the notional scope of work to dismantle and dispose of the vessel and associated reactor plants.  As such, DOD facility or personnel security clearances to plan and accomplish the scope of work are not necessary.  However, the reactor plants and associated technical information contain Unclassified Naval Nuclear Propulsion Information (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 Naval 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.
  • Based on the presence of U-NNPI on the vessel and the need to process U-NNPI to plan and accomplish the scope of work, all employees, subcontractors, and other persons with direct access to the ex‑Enterprise propulsion plant spaces and U-NNPI Government Furnished Information (GFI) shall be U.S. citizens.
• As dismantlement and disposal of ex-Enterprise is not qualitatively different from dismantlement and disposal of a civilian nuclear power station, current or past experience in construction or maintenance of Navy nuclear-powered vessels or Navy radiological work facilities by the Contractor is not expected to be required. 
• Regulation of radiological work would be in accordance with NRC standards and enforced via the contract.  The Navy envisions NRC will perform regulatory inspection services of the contractor’s work consistent with the NRC Decommissioning Inspection Program via an Interagency Support Agreement with the Navy, and the contractor would be contractually required (at no additional cost to the Government) to implement any corrective actions necessary to resolve NRC identified deficiencies or violations.
• In addition to the governance of radiological work under NRC regulations as described above, the Navy intends to adopt the NRC regulations for fire protection programs for decommissioned nuclear power plants as defined in 10 CFR 50.48(f) and NRC Regulatory Guide 1.191 (Revision 1) during dismantlement and disposal of the ex‑Enterprise reactor plants and radiologically controlled support systems. 
  • The goal of the fire protection program envisioned during this project is to provide an appropriate level of defense-in-depth protection against the threat of fires. Defense-in-depth for fire protection involves a comprehensive program of administrative controls, physical fire protection features, emergency response capabilities, and protection of radiologically controlled structures, systems and components necessary to prevent or mitigate the potential of an unacceptable release of radioactive materials. 
  • The Navy recognizes that fire protection requirements may differ considerably depending on the approach to dismantle the ex-Enterprise reactor plants, but also is aware that in general the processes and activities associated with reactor plant decommissioning can be dynamic with plant conditions and configurations continuously changing.  Therefore, the required fire protection program will evolve commensurate with the changes to fire hazards.
  • The Navy is particularly interested in how respondents propose to implement a fire protection program that achieves the standards and goals described above.  In support of developing this response, the Navy notes that a temporary fire main system header is currently installed on the main deck of the ship that is being maintained while the ship is in storage, but all other shipboard systems are disabled, and therefore, all fire response capabilities must be provided by the Contractor.
• Fire protection programs for shipbreaking activities (i.e., involving non-radiologically impacted portions of the vessel) will be conducted in accordance with OSHA requirements under 29 CFR 1915 and applicable State and local requirements.
• All other aspects of the Contractor’s accomplishment of the vessel and reactor plant dismantlement and disposal work will be conducted under applicable Federal, State, or local regulations.

Questions for Respondents:

1. Would the respondent likely be performing dismantlement and disposal of ex-Enterprise as the prime contractor or as a sub-contractor?  Has the respondent identified other vendors to partner with to accomplish the project?  If so, whom?
2. In which state and at what location would the respondent be likely to perform the scope of work to dismantle and dispose of ex-Enterprise?  Is the respondent aware of any impediments to performing ex-Enterprise dismantlement and disposal at the identified location? 
3. What is the anticipated duration of each phase of the SOW (i.e., planning through decommissioning work plan submittal and approval, shipboard preparations, reactor plant dismantlement, ship recycling, release of dismantlement site, project close out)? 
4. In order to facilitate timely commencement of the project and Navy tow of the vessel to the Contractor’s facility, the Navy envisions reviewing and acting on the Contractor’s request to accept possession of the ship and reactor plants with associated radioactivity in close proximity to contract award (see SOW requirement under Paragraph 2 for details).  The Contractor’s request to accept possession of ex-Enterprise would be reviewed by the NRC and then forwarded with the NRC’s recommendation to the Navy for action.  What information would be necessary for the Contractor to provide a Request to Transfer Possession of ex‑Enterprise meeting the criteria described in the SOW as part of a contract proposal? 
5. What is the recommended period of time following contract award necessary for the respondent to establish the facility to be capable of receiving ex-Enterprise when delivered by the Navy?  In response to this question, consider aspects such as but not limited to facility capabilities, fire and emergency response capability, establishment of environmental and radiological monitoring programs, and facility/vessel access control and physical security infrastructure, and completion of any public and local official outreach the Contractor considers necessary to support the project.
6. While the Contractor will be permitted to accept possession of the vessel at a mutually agreeable date following contract award for the purposes of conducting preparatory work, no radiological dismantlement work is permitted until the Contractor’s Decommissioning Work Plan is reviewed by NRC and approved by the Navy in accordance with the regulatory framework.  What is the anticipated period of time required to prepare a Decommissioning Work Plan and provide it to the NRC for review following contract award?  
7. What capabilities at the respondent’s notional selected facility are currently available to perform dismantlement and disposal of ex-Enterprise, and what capabilities would need to be established by the respondent before commencing the scope of work?
8. What capabilities at the respondent’s notional selected facility are currently available to implement controls of hazardous materials to prevent migration into soils on site or the environment?
9. What experience does the respondent have as the prime contractor in radiological decommissioning, dismantlement, or remediation project with aggregate contract value of at least $200M (FY23$) and within the last five (5) years?
10. What Government Furnished Information (GFI) is desired to plan for accomplishment of dismantlement and disposal of the reactor plants and radiological areas?  What GFI is desired to plan for accomplishment of dismantlement and disposal of the non-radiological ship structure and components? 

Note: The Navy anticipates permitting potential bidders to conduct a site visit to Huntington Ingalls Industries Newport News Shipbuilding in Newport News, Virginia for visual access to ex-Enterprise, including the propulsion plant spaces and at least one reactor compartment to assist in proposal preparation.  However, the Navy does not anticipate permitting potential bidders to collect material samples or radiological data prior to contract award and transfer of possession of the vessel from the Navy.  Therefore, in response to this question, please provide a detailed list of categories or specific types of technical information that which would expedite disposal and which information is necessary to provide a responsive proposal. 

1. What is the desired ship condition upon taking possession?
2. How would the Contractor intend to package and ship large reactor plant components such as the reactor vessels from the dismantlement site to an authorized LLRW disposal site?  Include a description of the notional transportation route, including how any transitions in transportation method (e.g., road to rail) would be managed.  Packaging discussions should include any necessary segmentation or disassembly of large reactor plant components (e.g., reactor vessel, heat exchangers, pumps, tanks, and reactor compartment bulkheads).  Responses should also address conceptual plans and techniques to dismantle and dispose of reactor plant tanks, shielding, and structures, including plans for lead recycling or disposal.
3. Does the respondent have feedback on the regulatory approach for radiological work outlined within this RFI?
4. How would the Contractor intend to achieve the fire prevention and safety goals described in the RFI for dismantlement and disposal of the ex-Enterprise reactor plants and radiologically controlled support systems?
5. Based on a review of the summary scope of work and FAR Part 50, would the respondent be capable of performing the dismantlement and disposal of ex‑Enterprise without indemnification for nuclear risks under Public Law 85-804?  In response to this question, if nuclear indemnification is considered mandatory, please identify and define the specific nuclear risks involved with the scope of work, with a statement indicating how the respondent would be exposed to them, and describe whether these risks are covered under available hazard insurance policies available to the respondent.  Respondents should review FAR Part 50.104-3 to guide the response to this question.
6. Would the respondent be able to obtain the financial assurances required by the Draft Summary SOW? 
7. If the respondent answers any questions above in the negative or with comments, what approaches would the respondent suggest NAVSEA consider?  Please include sufficient information for NAVSEA to understand the respondent’s position and basis for the response.

The deadline to submit responses is 60 days.  Responses should be e-mailed to ­­­­­­­­Ray Duff at herbert.r.duff.civ@us.navy.mil and Bobby Whitlow at Robert.c.whitlow.civ@us.navy.mil with the subject line: “Defueled Ex-Enterprise (CVN 65) Disposal RFI”.  Information provided shall be treated as Business Sensitive and will not be shared outside of Government activities and agencies and its program management support contractor(s) without the permission of the provider.

All information received that includes proprietary markings will be handled in accordance with applicable statutes and regulations.  Responses to this notice will not be returned to the submitter.  An acknowledgement of receipt will be provided for all responses received.  If you do not receive an acknowledgement within two working days, please notify the points of contact listed in this notice.

NAVSEA may request further information regarding the capabilities of respondents to perform the efforts identified in this RFI and attached draft SOW.

INDUSTRY DAY:

The Navy intends to hold an Industry Day in Washington, DC in approximately four to six (4-6) weeks and before the deadline for receipt of responses.  A separate Industry Day announcement will be posted on SAM.gov.  Additional Industry Day presentations may be scheduled at locations outside of the Washington, DC area based on input from interested vendors concentrated in specific regions.

SUMMARY:

This is a request for information to identify potential sources that possess the capability to dismantle and dispose of ex-Enterprise including the defueled naval reactor plants.  In accordance with FAR 15.201(e) responses to this notice are not offers and cannot be accepted by the Government to form a binding contract.  This notice is issued solely for information and planning purposes and does not constitute a solicitation or obligation on the part of the Government.  Respondents are wholly responsible for any costs or expenses associated with submitting a response.  No reimbursement will be made for any costs associated with providing information in response to this notice or any further requests for information relating to a response.  Respondents will not be notified of the results of this notice.  The information obtained from submitted responses may be used in the development of an acquisition strategy.  Not responding to this RFI does not preclude participation in any future RFP, if issued.

DRAFT SUMMARY STATEMENT OF WORK:

While a detailed Statement of Work suitable for a Request for Proposals has not yet been prepared for ex-Enterprise (CVN 65) dismantlement and disposal, this Draft Summary Statement of Work has been prepared in order for respondents to the Request for Information to understand the potential scope of the work that may be required.

{Note: It is likely that potential offerors of any subsequent RFP would be required to provide evidence upon proposal submission: 1) of continued availability of facilities viaownership, existing lease, or letter from facility owner; 2) that site specific permits are currently in effect or can be obtained prior to start of contract; 3) the offeror has informed appropriate State and local officials the offeror’s intent to prepare a proposal to perform the dismantlement and disposal of ex-Enterprise described in this solicitation at a specific location within the jurisdiction of those State and local official(s).}

1. Regulatory Framework for Radiological Work

• Within the Department of the Navy, the Naval Nuclear Propulsion Program (NNPP) has responsibility for the public health and safety associated with the CVN 65 project per the Atomic Energy Act of 1954, as amended, and would retain that authority throughout the dismantlement and disposal of ex-Enterprise.
• The NNPP intends to enter into an Interagency Agreement with the US Nuclear Regulatory Commission (NRC) to obtain regulatory oversight and inspection services for the Contractor’s radiological work.
• The NRC’s inspection process is one mechanism in which the NRC would provide the Navy with oversight consisting of independent analyses to assist the NNPP in fulfilling its decommissioning responsibility in support of public health and safety.
• NRC would conduct oversight and inspection services consistent with the manner in which oversight would be conducted for a contractor performing a scope of work of similar technical and radiological complexity. The NRC staff reviews and inspections are expected to be performed by following the guidance outlined in NRC IMC 2561, and other publicly available inspection manual chapters and inspection procedures as appropriate, such as IMC 2545 for decommissioning research reactors. The inspection focus will be on radiological hazards and implementation of the Decommissioning Work Plan (DWP).
• The Navy would enforce any NRC recommended contractor corrective actions through the contract with the Contractor.  The Navy would not add or subtract from the NRC recommended enforcement actions.
• The Contractor would be responsible to address all NRC comments, findings, notices of violation, or other deficiencies identified during inspections or other reviews conducted of the Contractor’s decommissioning work planning or accomplishment without changes to the contract, to include but not limited to price, terms, conditions, or period of performance.
• All documentation of oversight and inspection activities (and resulting Navy actions) to include inspection/technical evaluation reports will be placed in ADAMS as publicly available.
• The Contractor will be subjected to NRC reviews, and regulatory oversight and inspection services throughout the period of performance of the contract.
• Specific Contractor deliverables requiring NRC review and NAVSEA approval:
  • NRC will review and recommend whether NAVSEA should approve a request for the Contractor to take possession of CVN 65 and associated radioactivity. Although no license exists to be transferred, the NRC’s review will be similar to a review performed for a proposed license transfer, including review of the Contractor’s qualifications of key personnel and technical capabilities to ensure that the decommissioning contractor company will be able to complete the vessel decommissioning, dismantlement and disposal (see details in Item 2 below).
  • NRC will review and recommend whether NAVSEA should approve the contractor developed DWP, as well as develop and deliver appropriate level of environmental analysis (e.g., environmental review or environmental assessment) consistent with the proposal.  The Navy would issue any required environmental policy documentation recommend by NRC in accordance with Navy policies and statute.  Significant revisions to the Contractor’s DWP may also require a similar NRC review and NAVSEA approval prior to implementation within the project.

Note: The review and approval timelines for the items above are highly dependent on the quality of Contractor submittals and ability to address comments and provide revisions, as necessary, until acceptable to NRC and NAVSEA.  As such, the Government will not provide any commitments or guarantees related to the review and approval timeline.  The total project schedule, to include obtaining the necessary permits or approvals from the Government is solely the responsibility of the Contractor. 

                       

2. Planning, Licensing, and Permitting

• The Contractor shall obtain and maintain valid permits necessary for performing the scope of work, which could include permits for generating, and shipping for disposal of, polychlorinated biphenyls (PCB) waste, asbestos, and other hazardous materials at the dismantlement site.

Note: 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.

Note: Written proof of the valid permits necessary for performing the scope of work shall be provided as part of the Contractor’s proposal.

• As part of the Contractor’s proposal in response to a contract solicitation: The Contractor shall prepare a Request to Transfer Possession of ex-Enterprise and provide to NRC for review.  The Request to Transfer Possession shall include the information specified in 10 CFR 30.34(b)(2):
  • The identity, technical, and financial qualifications of the proposed transferee;
  • Financial assurance for decommissioning information required by 10 CFR 30.35, which includes but is not limited to a detailed cost estimate for decommissioning, the cost of meeting 10 CFR 20.1402 for unrestricted use of the disposal site after work is complete,
  • Description of technical capabilities and experience, competency to manage the project and accomplish the decommissioning, capability to possess radioactive byproduct material, and financial assurances associated with this project;
  • The requested time frame for accepting the transfer of possession at the Contractor’s facility,
  • Anticipated Contractor efforts on or within ex-Enterprise following the transfer or possession and before NAVSEA approval of the Contractor Decommissioning Work Plan (discussed below), and
  • Detailed key event and milestone schedule for completing the entire project.

Note: Although no license exists to be transferred, the NRC review would be similar to the type of review performed for a proposed license transfer, including review of the Contractor’s technical capabilities and the financial assurances to ensure that the Contractor would be able to complete ex-Enterprise dismantlement and disposal. 

Note: The Contractor may elect to accept possession of ex-Enterprise for the purposes of conducting preparatory hazardous material and radiological survey and non-radiological work shipboard, although no radiological dismantlement would be permitted to commence until the Contractor’s Decommissioning Work Plan is reviewed by NRC and approved by NAVSEA.

Note: The Request to Transfer Possession will be reviewed as part of the source selection activities and must be provided with the contractor’s proposal for the proposal to be considered.  In addition to reviewing the qualifications and capabilities of potential offerors in completing the dismantlement and disposal of ex-Enterprise, NAVSEA intends to utilize the detailed cost and schedule information provided by the apparent winner in briefings and reports to Government stakeholders. However, acceptance of the information provided by the Contractor to successfully gain approval for Transfer of Possession from the Government shall not establish contractual requirements or obligations by the Government regarding the project cost and/or schedule.    

• The Contractor shall prepare a DWP in accordance with NUREG 1757, Vol I and procedures for NRC review, with any necessary supplemental information related to the unique nature of this project, which includes but is not limited to:
  • Description of dismantlement and disposal site conditions;
  • Description of planned decommissioning activities;
  • Planned preparatory work;
  • Worker health and safety plans;
  • Radiation protection program plans, including As Low As Reasonably Achievable (ALARA);
  • Radioactive waste management plans;
  • Environmental monitoring and protection programs;
  • Quality assurance programs;
  • Site security plans;
  • Survey procedures;
  • Fire prevention and safety plans;
  • Emergency response plans;
  • Severe weather plans;
  • Final site status survey and release plan;
  • Identification of key personnel and description of experience in completing projects of similar scope/magnitude.

Once approved, the DWP will be incorporated into the contract (at no-cost) as a technical reference for satisfactorily completing the dismantlement and disposal of ex-Enterprise.

Note: No radiological dismantlement work within ex-Enterprise is permitted until the Contractor DWP has been reviewed by NRC and been approved by NAVSEA (based on the NRC review and recommendation).  Activities described in the Contractor’s Request to Transfer Possession recommendation to be performed on or within ex-Enterprise, as approved by NAVSEA, may commence upon delivery of the vessel to the Contractor’s dismantlement site.

• 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 will provide design information for a previously developed Type B shipping container for the ex-Enterprise reactor vessels, to include a NRC Certificate of Compliance (CoC), as GFI.  However, the Government makes no guarantees on the performance of vendor(s) in delivery of the containers 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 (e.g., segmentation prior to packaging into smaller containers).

3. Financial Guarantees

• The Contractor shall obtain from a third-party institution a performance bond, as is standard commercial practice, for completion of the contract valued at 20% of the total contract price, effective upon the date the Contractor takes possession of ex‑Enterprise, and maintained throughout the period of performance of the contract.  This contract surety must be payable to the Government in support of completing the remaining scope of work.  

• The Contractor shall provide an easement, or other contractual right for the Navy to dispose of up to 1,500,000 cubic feet of low-level radioactive waste containing no more than 10% of NRC Class A limits from dismantlement of ex-Enterprise to be effective upon the date the Contractor takes possession of the vessel.  The Contractor shall maintain this easement until completion of the contract. 

Alternatively, in lieu of this easement, the offeror may elect to provide written agreement by a third-party institution to provide an additional performance bond for completion of the contract valued at 30% of the total contract price (i.e., increase the total value of the performance bonds for the contract to 50% of the total contract price), effective the date the Contractor takes possession of the vessel.

4. Facilities Requirements

• The following dismantlement facility requirements apply:
  • The facility at which ex-Enterprise will be dismantled shall be located within the United States.

Note: U.S. Department of Defense facility clearance (e.g., to possess classified material) is not required.

• • The Contractor shall be capable of accepting ex-Enterprise at a mutually agreeable waterborne location in vicinity of the Contractor facility.  The Contractor is responsible for accepting and conveying ex-Enterprise into the Contractor facility.
  • The Contractor is responsible for obtaining and maintaining valid permits necessary for performing the scope of work at the facility, which could include, but is not limited to permits for generating, and shipping for disposal of, PCB waste, asbestos, and other hazardous materials at the dismantlement site.

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

Note: The Government will not be a co-permittee on any permits or licenses obtained by the Contractor or a co-generator of any LLRW material associated with the project.

• The Contractor shall demonstrate capability to safely dispose of all of the LLRW expected to be generated during the dismantlement of 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.

• Facilities supporting Government oversight of the Contractor shall be provided on‑site within vicinity of ex-Enterprise (as close as reasonably achievable), which includes:
  • Office space with sufficient HVAC, electrical power, and off-site internet connectivity (100 MBs or greater) for up to six (6) personnel;
  • Conference/meeting space for up to ten (10) personnel (this can be shared use Contractor space);
  • Access to 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 associated office equipment and furniture for the Government office spaces. The Government will provide computers for the Government on-site personnel.

5. Physical Security Requirements

• The Contractor shall have facility controls in place to prevent physical access to the vessel by unauthorized persons. The Contractor shall establish a system of checks, inspections, surveys, and assessments to ensure physical security of the facility and vessel is maintained.

• The Contractor shall implement written plans and operating procedures for all facility physical security programs.

• The Contractor shall implement controls to ensure that access to the propulsion plant spaces within the vessel are limited to US Citizens.

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

6. Information Security Requirements

• The Contractor shall safeguard Unclassified Naval Nuclear Propulsion Information (U‑NNPI) provided as GFI for performance of this contract in accordance with NN-801, Control and Protection of Unclassified Naval Nuclear Propulsion Information. 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 U-NNPI.

Note: The vessel (including the defueled reactor plants) contains no physical equipment or arrangements that are classified, however some specific attributes within the propulsion plants (e.g., complete plant arrangement) convey Unclassified Naval Nuclear Propulsion Information (U-NNPI).  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, can be produced in a manner to not require specific controls (i.e., U‑NNPI) or classification.

However, some of the technical documentation describing 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 Naval 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, including export controls and marking requirements and is not releasable to the general public without prior approval by the Government.

The Contractor will be responsible for adhering to the requirements of NN-801 for the protection of U-NNPI, to include reviews prior to submittals to the Government of any documentation for U-NNPI and taking appropriate steps to protect that information.

• The Contractor shall safeguard any GFI related to the passive protective features of the hull as Controlled Unclassified Information (CUI) with access limited to US Citizens with need-to-know in support of the project.  This information is controlled within DoD to be releasable only to DoD personnel and DoD Contractor employees.

7. Environmental, Safety, and Health Requirements

• The Contractor shall implement an Environmental Management Plan to establish measures and procedures for ensuring compliance with all applicable Federal, State, and local Environmental laws and regulations.

• The Contractor shall implement a Safety and Health Management Plan to establish measures for ensuring worker safety and health in performing the work required for ship dismantling and hazardous material/waste removal and disposal. 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. The Contractor shall immediately 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.

• The Contractor shall be subject to OSHA policies and procedures for continued implementation of a National Emphasis Program (NEP) to reduce and eliminate workplace hazards associated with shipbreaking operations described in the Memorandum of Understanding between The Department of Defense Department of the Navy and The Department of Transportation US Maritime Administration and The Department of Labor Occupational Safety and Health Administration and The Environmental Protection Agency Office of Enforcement and Compliance Assurance on Coordination and Information Sharing of Domestic Ship Recycling Operations (https://www.osha.gov/laws-regs/mou/2015-07-30) and the procedures in OSHA Directive CPL 03-00-020 OSHA’s National Emphasis Program (NEP) on Shipbreaking (https://www.osha.gov/sites/default/files/enforcement/directives/CPL_03-00-020.pdf).

8. Dismantlement and Disposal

Note: Vessel and reactor plant dismantlement activities may be performed in any sequence deemed appropriate by the Contractor and documented in the approved DWP.

• The Contractor shall perform all reactor plant dismantlement, packaging, and disposal activities in accordance with the Contractor’s approved DWP.

• The Navy will provide the Contractor a list of spaces outside the propulsion plant where survey, and if necessary, remediation efforts were performed to release these spaces from NNPP radiological controls.  The Navy has not performed any radiological characterization of the propulsion spaces, which should be considered former nuclear work areas.  The Navy will also provide a list of propulsion plant systems that are potentially radiologically impacted based on operations throughout the ship’s life.

• 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.  This requirement shall be reflected in the Contractor’s approved DWP.  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.  

• For material identified as potentially radiologically impacted, the Contractor shall dispose of the material as LLRW or when cost effective and ALARA, 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).

• The Contractor shall completely dismantle and scrap all portions of the ex-Enterprise structure. This includes the removal without replacement of all hull, inner bottom, bulkhead, deck, and superstructure materials, as well as all between decks, longitudinal and transverse girders and frames, its associated webs, and floors.

Note: The term “hull” means the framework, including the keelsons, together with all decks and between decks, superstructures, tanks, inner and shell plating and bulkheads, but exclusive of auxiliary machinery, outfitting, furnishings, and other auxiliary equipment. The term “scrap” means to reduce the property such that it has no value expect for its basic material content.

• Dismantlement shall include demilitarization of required equipment, material, or structures in accordance with the Department of Defense (DoD) Demilitarization Program.
  • Exception: De-militarization is not required for radiologically controlled equipment, material, or structures associated with the propulsion plants and designated for disposal at a LLRW facility.

• Final dismantlement of the vessel, to include the hull and equipment/material, shall be performed in such a manner that no considerable part of the vessel is left intact or undisturbed to the extent that it could be reconstructed or readily identified as an existing portion of the original hull. The Contractor shall certify that the hull and equipment/material has been dismantled.

• The Contractor may dispose of or sell any non-radiological scrap and reusable equipment/material removed from ex-Enterprise as part of dismantlement activities. If the Contractor elects to recover scrap and/or reusable equipment/material for resale following de‑militarization, the Contractor shall report the quantity of scrap and reusable equipment/material recovered for resale in the Progress/Status Report. The Contractor shall retain the proceeds from the sale of the scrap and reusable equipment/material in accordance with 10 U.S.C § 7305a.

• The Contractor shall take all steps necessary to remove and dispose of all hazardous and regulated materials/wastes generated as part of the dismantlement activities in compliance with all Federal, State, and local laws and regulations. Upon completion of the work, the Contractor shall certify, in writing, that the Contractor has accomplished all hazardous and regulated material/waste removal and disposal in compliance with all Federal, State, and local laws.

• The Contractor shall provide copies of all correspondence with Federal, State, or local regulatory agencies relating to this Contract within 24 hours of receipt. This shall include but not be limited to: immediate notification of any regulatory agency inspection conducted, Contractor summarization of the regulatory agency inspection and results, and immediate notification of any Notice of Violations, citations, or cautionary notices (or equivalent) received from regulators during the reporting period, relating to the performance of this Contract.

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

• For all radiological activities specified in the scope of work, the Contractor shall comply with all requirements of the approved DWP. The Contractor shall correct any deficiencies noted in NRC inspections, and shall correct any instances of non‑compliance with NRC regulations. The Contractor shall correct any deficiencies related to radiological work identified during NRC inspections without adjustment to the Contract price.

Note: The Contractor’s activities related to the radiological aspects of ex-Enterprise dismantlement and disposal will be subject to periodic inspections by the NRC.  The NRC oversight program is described in Inspection Manual Chapter (IMC) 2561 and IMC 2690.

9.  Project Support Requirements

• 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.

Note: requests 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.

10.  Navy On-Site Representatives

• The Navy intends to establish an on-site presence of representatives (OSRs) to monitor contractor performance for the total period of performance. 
• The Contractor shall provide the OSRs up to date project schedule information (e.g., plan of the day, 3 week schedule look-ahead, long-range schedules).

11.  Post-Dismantlement Requirements

• The Contractor shall restore the dismantlement site to an acceptable radiological condition supporting unrestricted use. The Contractor shall provide information to the NRC in accordance with the Decommissioning Work Plan sufficient for the NRC to perform any necessary final inspections, confirmatory surveys, and technical reviews to ensure that all parts of ex-Enterprise were properly disposed of and that the dismantlement site is suitable for unrestricted release. The Contractor shall provide sufficient information for NRC to issue a closure letter with a Technical Evaluation report to NAVSEA documenting closure of NRC’s activities. 

• The Contractor shall provide a Final Project Report of the dismantlement and disposal activities, including, but not limited to:
  • Overall description of project from contract award to completion of the post-dismantlement activities.
  • Certification that the Contractor has accomplished all hazardous and regulated material/waste removal and disposal in compliance with all Federal, State, and local laws and regulations.
  • Certification that the Contractor has accomplished dismantlement of the hull and equipment/material.
  • Certification that the dismantlement site was restored to an acceptable condition, and the method and data gathered to provide the certification.
  • Copies of hazardous/non-hazardous material/waste manifests, bills of lading, and other waste shipping documents.
  • Inventoried volume/weight and types of material that were recycled or disposed of as part of the dismantlement process.
  • Summation of any accident, incident, and injury reports.