Jefferson Lab
Contractual Requirements
Jefferson Lab Home Search Contact JLab

    DOE Contract DE-AC05-84ER40150
    Modification 175

    CLAUSE H.37 - ENVIRONMENTAL PROTECTION, SAFETY AND HEALTH -WORK SMART STANDARDS


    (a) The Contractor shall:

    1. Satisfy the applicable DOE Directives and DOE requirements which are summarized in Part III, Section J.5, Appendix E/List B to this contract and/or adopted employing the process specified in Clause 1.110, Laws, Regulations and DOE Directives, paragraph (b). Where possible, the parties agree to use the same process deployed during the Necessary and Sufficient (later referred to in the Department as "Work Smart Standards) process prior to adding any prospective DOE ES&H Directive to Part III, Section J.5, Appendix E/List B. This process will ensure that the prospective ES&H Directive is not redundant with existing laws and regulations, adds net value and that it can not be replaced by appropriate Performance Measures.
    2. Comply with the "Necessary Standards" and the applicable portions of the "Sufficient External Standards" that are based on legal/regulatory requirements in the "Set." These standards are in lieu of the hazard based requirements in DOE ES&H directives that are based in regulation which otherwise would be applicable to performance of this contract under Clause 1.110 entitled Laws, Regulations and DOE Directives. Omission of any applicable law or regulation from the "Set" does not affect the obligation of the contractor to comply with all requirements of law or regulation unless relief has been granted in writing by DOE or the appropriate regulatory agency. Furthermore, the parties agree that:                      i.) The "Necessary Standards" and the "Sufficient External Standards" in the "Set" will be listed in the contractor's ES&H Manual. Implementation of the "Necessary Standards" and the legally mandated "Sufficient External Standards" will be subject to review and audit by the Contracting Officer. However, the Contractor is only required to comply with the "Necessary Standards" and the applicable portions of the "Sufficient External Standards" that are based on legal/regulatory requirements.                                  &nb sp;                                                                                     &nb sp;                ii.) The Contractor's ES&H Manual used in the implementation of the "Sufficient External Standards" and the "Sufficient Internal Standards" that are not based on legal/regulatory requirements identified in the "Set" will be subject to review and comment by the Contracting Officer concerning the sufficiency of protection.                                     &nb sp;                      iii.) Substantive changes to the contractor's EH&S Manual will be subject to review and comment by the Contracting Officer prior to implementation of the change. The Contractor shall give the Contracting Officer as much advanced notice of such a proposed change as practicable, but in no case shall it be less than seven calendar days.
    3. Comply with the EH&S Administrative Laws and Regulations list from the DOE Directive review process. These standards are in lieu of "non-hazard based" DOE Order requirements in DOE ES&H directives that are based in law and regulation which otherwise would be applicable to performance of this contract under Clause 1.110 entitled Laws, Regulations and DOE Directives. Omission of any applicable law or regulation from the EH&S Administrative Laws and Regulations list does not affect the obligation of the contractor to comply with all requirements of law or regulation unless relief has been granted in writing by DOE or the appropriate regulatory agency. Furthermore the parties agree that:        i.) The EH&S Administrative Laws and Regulations list will be incorporated into the contractor's EH&S Manual subject to review and audit by the Contracting Officer.                                       & nbsp;                                         &nbs p;                              ii.) The contractor shall notify the Contracting Officer of changes to any standard in the EH&S Administrative Laws and Regulations list as a result of changes to the law and/or regulations.                                  & nbsp;                                         &nbs p;   iii.) Substantive changes to the Contractor's EH&S Manual will be subject to review and comment by the Contracting Officer prior to implementation of the change. The Contractor shall give the Contracting Officer as much advanced notice of such a proposed change as practicable, but in no case shall it be less than seven calendar days.
    4. Research ES&H laws, regulations, and other legally mandated standards on an ongoing basis and, for changes therein, adjust contract performance to assure continuing compliance and to address any new hazards.
    5. Identify and inform the Contracting Officer, in writing, of any inconsistencies among these laws, regulations, directives and standards which would affect or preclude the Contractor's ability to perform its work, and bring such inconsistencies to the attention of the Contracting Officer.
    6. Continue to maintain adequate management systems that ensure that the DOE Directives and/or requirements specified in Part III, Section J.5, Appendix E/List B and the agreed-upon standards identified in the "Set" and the ES&H Administrative Laws and Regulations list (Appendix E/List A) are implemented in accordance with Clause 1.74 entitled Integration of Environment, Safety, and Health into Work Planning and Execution. The parties further agree that standards which are not required by law or regulation will be implemented in a graded approach, taking into account risks and costs and that the adequacy of implementation shall be judged by the process outlined in Part III, Section J.2, Appendix B/List B.
    7. Include appropriate consideration of such laws, regulations, directives and standards in planning activities performed under this contract.
    8. Assist DOE in its obligations toward fulfilling their NEPA responsibilities and ensure that all applicable requirements of the National Environmental Policy Act (NEPA) have been met and the required documentation is approved by the Contracting Officer prior to undertaking any applicable action.
    (b) The Parties shall endeavor to keep apprised of changes to standards in the "Set." Subject to paragraphs (a)(4) and (f) of this Article, changes to any standard in the "Set" shall be addressed as follows:
    1. Subsequent changes to the contractor's EH&S Manual resulting from changes to the Set will be subject to review and comment by the Contracting Officer prior to implementation of the change.
    2. If the standard is a requirement applicable by law or regulation, the changed standard shall supersede the standard in the "Set" and become the new standard, effective immediately. The Contractor shall notify the Contracting Officer and the "Set" shall be modified accordingly.
    3. If the standard is not required by law or regulation, the Contractor may substitute the changed standard, with notice to the Contracting Officer if the change does not lower the agreed to level of protection.
    4. Any changes to the "Set" which decreases the level of ES&H protection agreed to during the Necessary and Sufficient process (or any intervening changes to the Set in accordance with paragraph [b] of this Clause) requires the approval of the Contracting Officer.
    5. In accordance with process outlined in Clause 1.110 entitled "Laws, Regulations, and DOE Directives, "the Contracting Officer may revise Part III, Section J, Appendix E/List B and the Contractor agrees to modify the "Set" accordingly for any ES&H Directive.
    6. If a standard is not a requirement of a DOE Directive, the Contracting Officer may direct (i) substitution of a changed standard or (ii) modification of an internal standard, unless, within 30 days from receipt of notification of the change from the Contracting Officer, the Contractor submits the matter to the Agreement Parties for a decision. If the Agreement Parties determine that the modified standard is necessary, the Contractor shall substitute the changed standard.
    (c) Participate in a new Necessary and Sufficient Closure process upon a determination by either party that the existing "Set" is no longer complete or appropriate due to major changes in mission, activity, degree of hazard, performance expectation, orknowledge. Approval of any revised "Set" shall be by the Agreement Parties in accordance with the DOE Closure Process for Necessary and Sufficient Standards, with the exception that the external review may be omitted if the proposed changes are limited and non-controversial.

    (d) As addressed in section (a)(3) of this Clause, the EH&S Administrative Laws and Regulations list will be listed in the contractor's EH&S Manual and implemented subject to the review and audit by the Contracting Officer. The Parties shall endeavor to keep apprised of changes to standards in the EH&S Administrative Laws and Regulations list. Subject to paragraphs (a)(4) and (f) of this Clause, changes to any standard in the EH&S Administrative Laws and Regulations list shall be addressed as follows:

    1. Subsequent changes to the contractor's EH&S Manual resulting from changes to the EH&S Administrative Laws and Regulations list will be subject to review and comment by the Contracting Officer prior to implementation of the change.
    2. If the standard is a requirement applicable by law or regulation, the changed standard shall supersede the standard in the EH&S Administrative Laws and Regulations list and become the new standard, effective immediately. The Contractor shall notify the Contracting Officer and the EH&S Administrative Laws and Regulations list shall be modified accordingly.
    (e) The Contractor and the Contracting Officer shall identify and, if appropriate, agree to, any changes to contract terms and conditions, including cost and schedule, associated with a change to the "Set" or to a standard in the Set or a change to the EH&S Administrative Laws and Regulations list.

    (f) The Contractor may at any time seek an exception, exemption, waiver, or variance from, or propose an equivalent alternative to, all or part of any standard in the "Set" or the EH&S Administrative Laws and Regulations list, and with respect to all or part of the activities under this contract, by submitting a request to the Contracting Officer. The Contracting Officer shall be responsible for taking any necessary and appropriate action to respond to any such request including seeking relief from any standard which is required by law.

    (g) In the event that the Contractor determines it is unable to perform in accordance with the provisions of this clause, the Contractor shall so inform the Contracting Officer in writing and shall propose an action plan to remedy the problem. After receipt of authorization from the Contracting Officer, the Contractor shall, within a reasonable time agreed upon by the parties, take the agreed upon actions and track them until closure. The Contracting Officer shall be notified when closure has been reached.

    (h) The Contractor shall include in all of its subcontracts involving performance of work at the site, provisions requiring subcontractors to comply with the Contractor's Environment, Safety and Health Standards when such standards are mandated by law, regulation or the contract, plus such other requirements as may be necessary for the subcontractor to achieve a level of protection equal to or greater than the contractor's. However, such provisions in the subcontracts shall not relieve the Contractor of its obligation to assure compliance with the provisions of this clause for all aspects of the work.

    (i) If at any time during the performance of the contract work, the Contractor's acts or failure to act may cause substantial harm or an imminent danger to safety and health of the worker or public, or to the environment, or the Contractor fails to take the corrective action approved in accordance with paragraph (f) above, the Contracting Officer may, without prejudice to any other legal or contractual rights of DOE, issue an order stopping all or any part of the work; thereafter, a start order for resumption of the work may be issued at the discretion of the Contracting Officer. The Contractor shall make no claim for an extension of time or adjustment of its fixed fee or damages by reason of, or in connection with, such work stoppage.

    (j) For purposes of this Article, the term 'Agreement Parties' means the President, Southeastern Universities Research Association, Inc.; the Director, Office of High Energy and Nuclear Physics, Office of Science; and the Manager, DOE Site Office or their designees.

    Back to the Introduction



    maintained by: Lee Ann Sironen
    last updated June 2000