^pl^-
PUBLIC LAW 104-201—SEPT. 23, 1996
110 STAT. 2849
the fulfillment of current legal requirements, or the conduct of
critical administrative functions.
SEC. 3175. DEPLOYMENT OF TECHNOLOGY FOR REMEDLVTION OF
DEFENSE NUCLEAR WASTE.
(a) IN GENERAL. — The Site Manager of each defense nuclear
facility shall promote the deployment of innovative environmental
technologies for remediation of defense nuclear waste at the facility.
(b) CRITERIA. —To carry out subsection (a), the Site Manager
of a defense nuclear facility shall establish a program at the facility
for the testing and deployment of innovative environmental
technologies for the remediation of defense nuclear waste at the
facility. In establishing such a program, the Site Manager may—
(1) establish a simplified, standardized, and timely process
for the testing, verification, certification, and deployment of
environmental technologies;
(2) solicit applications to test and deploy environmental
technologies suitable for environmental restoration and waste
management activities at the facility, including prevention,
control, characterization, treatment, and remediation of
contamination;
(3) consult and cooperate with the heads of existing programs at the facility for the verification and certification of
environmental technologies at the facility;
(4) pay the costs of the demonstration of such technologies;
(5) enter into contracts and other agreements with other
public and private entities to deploy environmental technologies
at the facility; and
(6) include incentives, such as product performsmce specifications, in contracts to encourage the implementation of
innovative environmental technologies.
(c) FOLLOW-ON CONTRACTS. — (1) If the Secretary and a person
demonstrating a technology under the program enter into a contract
for remediation of nuclear waste at a defense nuclear facility covered
by this subtitle, or at any other Department facility, as a followon to the demonstration of the technology, the Secretary shall
ensure that the contract provides for the Secretary to recoup from
the contractor the costs incurred by the Secretary pursuant to
subsection (b)(6) for the demonstration.
(2) No contract between the Department and a contractor for
the demonstration of technology under subsection (b) may provide
for reimbursement of the costs of the contractor on a cost plus
fee basis.
(d) SAFE HARBORS. —In the case of an environmental technology
tested, verified, certified, and deployed at a defense nuclear facility
under a program established under subsection (b), the Site Manager
of another defense nuclear facility may request the Secretary to
waive or limit contractual or Department regulatory requirements
that would otherwise apply in implementing the same environmental technology at such other facility.
SEC. 3176. PERFORMANCE-BASED CONTRACTING.
(a) PROGRAM.— The Secretary shall develop and implement a
program for performance-based contracting for contracts entered
into for environmental remediation at defense nuclear facilities.
The program shall ensure that, to the maximum extent practicable
and appropriate, such contracts include the following:
42 USC 7274k
note.
42 USC 7274k
note.
�
