Common use of Site List Clause in Contracts

Site List. a. The sites that are within the scope of this Agreement are listed in Attachment A. The Agencies have discussed this list and agree that it will be used to define the locations (sites) and project types that are included in this Agreement. Sites other than those listed in Attachment A are not included within the scope of this Agreement for funding purposes and will be addressed if and when they arise. If the Army or NASA intends to propose the addition of any new location as a new site in Attachment A, regardless of contaminant, the proposing agency will submit the proposal in writing, with an explanation of the basis for eligibility that satisfies the criteria for inclusion in the DERP program under the then current versions of the DoD DERP Manual, [currently DoDM 4715.20 (March 9, 2012)], and the Formerly Used Defense Sites (FUDS) Program Policy [currently Engineer Regulation 200-3-1 (10 May 2004)]. The proposal will be accompanied by written evidence in support of satisfaction of the eligibility criteria, along with any and all evidence of the control, use of, accountability for, operations on, and release of contamination by any other entities, including NASA, at the proposed site. The proposal and all supporting evidence will be submitted to the USACE deciding official for a determination of eligibility. A determination under this section may be submitted for consideration under the Dispute Resolution provision, paragraph 6, below. If designated as a site within the scope of this Agreement, the new location will be added as a site by amendment of Attachment A, and will be considered to be within the scope of this Agreement for funding and response action responsibility. Should NASA need the assistance and expertise of the Army or USACE in the conduct of response actions associated with military munitions, the Army agrees to provide expert advice and assistance to NASA if requested by NASA. b. If the Army or NASA intends to propose the deletion of a site from the list in Attachment A, the proposing agency will submit this proposal in writing, with an explanation of the basis for determining the lack of eligibility of the site under the program criteria for inclusion in the DERP program under the then current versions of the DoD DERP Manual [currently DoDM 4715.20 (March 9, 2012)], and the Engineer Regulation 200-3-1 (10 May 2004). The proposal will be accompanied by written evidence in support of a determination that the site does not meet the eligibility criteria, along with any and all evidence of the control, use of, accountability for, operations on, and release of contamination by any other entities, including NASA, at the proposed site. The proposal and all supporting evidence will be submitted to the USACE deciding official for a determination of lack of eligibility for designation as a site within the scope of this Agreement. If this determination is made, the location will be removed as a listed site by amendment of Attachment A, and will be considered to be outside the scope of this Agreement for funding and response action responsibility. A determination under this section may be submitted for consideration under the Dispute Resolution provision, paragraph 6, below. c. If the Army or NASA finds evidence that any third party entity is or may be responsible for any release for which costs have been incurred in conducting response actions under this Agreement, this evidence will immediately be disclosed to the other agency for a determination under paragraph 5.b, above, for possible removal from the site list at Attachment A. In addition, the Army will initiate a review to determine if a cost recovery action should be pursued against one or more potentially responsible parties (PRP) under sections 107 and 113 of CERCLA for all or a portion of the response costs that have been incurred by either NASA or the USACE at or from the site of the release. If a cost recovery action is under consideration, the Army and USACE will be the lead agency for purposes of claims, demands, or litigation to recover the response costs, and will coordinate with the U.S. Department of Justice (DOJ) in regard to the claim or action. If any amount of funds is recovered for response actions that were funded using ER,F funds, by voluntary payment, settlement, or a litigation judgment, these funds will be returned to USACE and the Army for recovery into the ER,F transfer account under normal DERP cost recovery processes. If any such claim or action is under consideration, NASA will cooperate with USACE, the Army, and DOJ in providing all available evidence and information and making available all witnesses, employees, contractors, or agents and their records and information in support of the claim or action. NASA will provide all necessary accounting information in support of the claim, and will cooperate in providing such information on an ongoing basis if a PRP will be responsible for a portion of ER,F response costs in the future. Army and USACE attorneys will be the primary agency attorneys for any cost recovery action that is considered, initiated, pursued, or completed for any site listed in Attachment A.