DOE Contract DE-AC05-84ER40150
Modification 175
CLAUSE H.37 - ENVIRONMENTAL PROTECTION, SAFETY AND
HEALTH -WORK SMART STANDARDS
(a) The Contractor shall:
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Include appropriate consideration of such laws, regulations, directives
and standards in planning activities performed under this contract.
-
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:
-
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.
-
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.
-
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.
-
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.
-
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.
-
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:
-
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.
-
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
|