Special_T C_For_Commercial_Purchases_SRR-PPS-2009-00008_Rev_5._1-15-13.pdf

SRR-PPS-2009-00008

Rev. 5

January 15, 2013

SPECIAL TERMS AND CONDITIONS FOR

COMMERCIAL PURCHASES

SAVANNAH RIVER REMEDIATION LLC

SAVANNAH RIVER SITE

AIKEN, SC 29808

Articles apply only if specified in the Order.

*Incorporated by reference to appropriate FAR Clause see (http://www.arnet.gov/far) and DEAR

Clause see (http://professionals.pr.doe.gov)

Article Page No.

1. INTEGRATION OF ENVIRONMENT, SAFETY

AND HEALTH INTO WORK PLANNING AND

EXECUTION

2. ENVIRONMENT, SAFETY, AND HEALTH

COMPLIANCE - ALTERNATIVE I

3. ENVIRONMENT, SAFETY, AND HEALTH

COMPLIANCE – ALTERNATIVE II

4. ENVIRONMENT, SAFETY, AND HEALTH

COMPLIANCE – ALTERNATIVE III

5. RESERVED

6. WORKPLACE SUBSTANCE ABUSE

PROGRAM

7. GENERAL EMPLOYEE TRAINING AND

ANNUAL REFRESHER TRAINING FOR

SUBCONTRACT EMPLOYEES

8. SECURITY EDUCATION REQUIREMENTS

FOR SELLERS

9. WORK ON SRR, GOVERNMENT OR OTHER

PREMISES AND INSURANCE

10. TRAVEL

11. LIMITATION OF FUNDS

12. SECURITY

13. CONFIDENTIALITY OF INFORMATION

14. COUNTERINTELLIGENCE

15. RESERVED

16. COMPLIANCE WITH EMPLOYEE CONCERNS .

17. NON-PROLIFERATION

18. SCIENTIFIC AND TECHNICAL

INFORMATION

19. COPYRIGHTS FOR SRR DIRECTED

TECHNICAL PERFORMANCE

20. GENERAL CONDITIONS OF EQUIPMENT

RENTAL

21. PERFORMANCE-BASED MILESTONE

PAYMENTS

22. *SERVICE CONTRACT ACT OF 1965 AS

AMENDED (NOV 2007)

23. RESERVED

24. *STATEMENT OF EQUIVALENT RATES FOR

FEDERAL HIRES (MAY 1989)

25. *FAIR LABOR STANDARDS ACT AND

SERVICE CONTRACT ACT - PRICE

ADJUSTMENT (MULTIPLE YEAR AND

OPTION CONTRACTS) (NOV 2006)

26. *FAIR LABOR STANDARDS ACT AND

SERVICE CONTRACT ACT - PRICE

ADJUSTMENT (FEB2002)

27. *GOVERNMENT PROPERTY FURNISHED "AS

IS" (APR 1984)

28. *UTILIZATION OF SMALL BUSINESS

CONCERNS (MAY 2004)

29. *SMALL BUSINESS SUBCONTRACTING

PLAN (SEP 2006)

30. *RIGHTS IN DATA – GENERAL (JUN 1987) ... 24

31. *CLASSIFICATION/ DECLASSIFICATION (SEP

1997)

32. *FILING OF PATENT APPLICATIONS-

CLASSIFIED SUBJECT MATTER (APR 1984) 24

33. *FOREIGN TRAVEL (DEC 2000)

34. *REQUIRED SOURCES FOR HELIUM AND

HELIUM USAGE DATA (APR 2002)

35. *GOVERNMENT PROPERTY (JUN 2007)

36. *EMPLOYMENT ELIGIBILITY

VERIFICATION (JAN 2009)

37. *IEEE 1680 STANDARD FOR THE

ENVIRONMENTAL ASSESSMENT OF

PERSONAL COMPUTER PRODUCTS (DEC

2007) …….…………………………………..24

38. *SUSTAINABLE ACQUISITION PROGRAM

(OCT 2010)………………………………

39. *AFFIRMATIVE PROCUREMENT OF

BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (JUL

2012)…………………

40. *ENERGY EFFCIENCY IN ENERGY-

CONSUMING PRODUCTS (DEC

2007)…………………………………………

41. *AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY

2008)…………………………………………

1. INTEGRATION OF ENVIRONMENT,

SAFETY AND HEALTH INTO WORK

PLANNING AND EXECUTION

A. For the purpose of this Article,

(1) safety encompasses environment, safety and health, including pollution prevention and waste minimization; and

(2) employees include employees of Seller and sub-tier (lower tier) sellers (including agents, suppliers, and subcontractors).

(3) Seller shall track and expect any lower tier sellers to track their Experience Modification Rate (EMR) and Total Recordable Case (TRC) rate and submit a properly executed Environmental Safety and Health (ES&H) Worksheet (obtainable from the Savannah River Remediation LLC

(SRR) ES&H Department) in addition to letters from their workers’ compensation carriers verifying their EMRs. If a three-year average interstate EMR exceeds 1.0, Subcontractor and lower tier subcontractors no longer are in compliance to continue the performance of service work under this Purchase Order (Subcontract). This clause does not apply if commercial goods are being procured.

B. In performing work under this Subcontract, the Seller and any lower tier seller(s), shall perform work safely, in a manner that ensures adequate protection for employees, the public, and the environment, and shall be accountable for the safe performance of work. All work shall be performed, to include subcontracted work, in compliance with all applicable SRR/DOE environmental, safety, and health requirements, including DOE Regulation 10 CFR 851, “Worker Safety and Health Program,” and orders, and procedures including related reporting requirements. The Seller shall exercise a degree of care commensurate with the work and the associated hazards. The Seller shall ensure that management of environment, safety and health (ES&H) functions and activities becomes an integral, but visible part of the Seller’s work planning and execution processes.

The Seller shall, in the performance of work, ensure that:

(1) Line management is responsible for the protection of employees, the public, and the environment. Line management includes those Seller and lower tier seller employees managing or supervising employees performing work.

(2) Clear and unambiguous lines of authority and responsibility for ensuring ES&H are established and maintained at all organizational levels.

(3) Personnel possess the experience, knowledge, skills, and abilities that are necessary to discharge their responsibilities.

(4) Resources are effectively allocated to address ES&H, programmatic, and operational considerations. Protecting employees, the public, and the environment is a priority whenever activities are planned and performed.

(5) Before work is performed, the associated hazards are evaluated and an agreed-upon set of ES&H standards and requirements are established which, if properly implemented, provide adequate assurance that employees, the public, and the environment are protected from adverse consequences.

(6) Administrative and engineering controls to prevent and mitigate hazards are tailored to the work being performed and associated hazards. Emphasis should be on designing the work and/or controls to reduce or eliminate the hazards and to prevent accidents and unplanned releases and exposures.

(7) The conditions and requirements to be satisfied for operations to be initiated and conducted are established and agreed-upon by SRR and the Seller. These agreed-upon conditions and requirements of the Subcontract are binding upon the Seller.

The extent of documentation and level of authority for agreement shall be tailored to the complexity and hazards associated with the work and shall be established as an Integrated Safety Management System (ISMS). At a minimum and as required by Subcontract, elements of the safety management system shall include: the Subcontract; Supplier’s worker protection plan and task specific plan; and Supplier’s internal procedures, policies and practices.

C. The Seller and any lower tier seller(s), shall manage and perform work in accordance with (i) Article 2 of these Special Terms and Conditions for Commercial Purchases or a documented Worker Protection Plan (WPP) that fulfills all conditions in paragraph B. of this Article to the degree specified in Article 3 or 4 Special Terms and Conditions for Commercial Purchases as indicated applicable to this Subcontract; and (ii) the Safety Management System. Documentation in the Subcontract shall describe how the Seller will:

(1) Define the Work to be performed.

(2) Identify and analyze hazards associated with the work.

(3) Develop and implement hazard controls.

(4) Perform work within controls.

(5) Provide feedback on adequacy of controls and continue to improve safety management.

D. The Subcontract shall describe how the Seller will establish, document, and implement safety performance objectives, performance measures, and commitments in response to Subcontract requirements and funding limits while maintaining the integrity of the WPP. The subcontract shall also describe how the Seller will measure WPP effectiveness.

E. The Seller shall submit to the Procurement Representative documentation of its WPP for review and acceptance. The Procurement Representative will establish dates for submittal, discussions, and revisions to the WPP. The Procurement Representative will provide guidance on preparation, content, review, and acceptance of the WPP. On an annual basis, the Seller shall review and update, for SRR acceptance, its safety performance objectives, performance measures, and commitments consistent with, and in response to, Subcontract requirements, funding limits and direction.

Resources shall be identified and allocated to meet the safety objectives and performance commitments as well as maintain the integrity of the entire WPP. Accordingly, the Subcontract shall be integrated with the Seller’s business processes, as applicable to the Scope of Work contained in this Subcontract, for work planning, budgeting, authorization, execution, and change control.

F. The Seller and any lower tier seller(s), shall comply with, and assist SRR in complying with, ES&H requirements of all applicable laws and regulations, and applicable directives identified in the Article of this Subcontract on Laws, Regulations, and DOE Directives. The Seller shall cooperate with Federal and non-Federal agencies having jurisdiction over ES&H matters under this Subcontract.

G. The Seller shall promptly evaluate and resolve any noncompliance with applicable ES&H requirements including those specified in the Subcontract. If the Seller fails to provide resolution or, if at any time, the Seller’s acts or failure to act causes substantial harm or an imminent danger to the environment or health and safety of employees or the public, the Procurement Representative may issue an order stopping work in whole or in part. Any stop work order issued by the Procurement Representative under this Article (or issued by the Seller to a lower tier seller shall be without prejudice to any other legal or contractual rights of SRR. In the event that the Procurement Representative issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the Procurement Representative. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this Article.

H. SRR shall hold the Seller responsible for compliance with the ES&H requirements applicable to this Subcontract, including performance of work by any lower tier seller(s).

2. ENVIRONMENT, SAFETY, AND

HEALTH COMPLIANCE -

ALTERNATIVE I

(Compliance by the Seller with the requirements of this Article 2 of these Special Terms and Conditions for Commercial Purchases shall satisfy any/all requirements of Article 1 of these Special Terms and Conditions for Commercial Purchases, "Integration Of Environment, Safety and Health Into Work Planning And Execution", applicable to the scope of work contained in this Subcontract.)

A. The Seller, and any lower tier seller(s), shall take all reasonable precautions in the performance of the work under this Subcontract to protect the environment, safety, and health of employees and members of the public. All work shall be performed to include lower tier subcontracted work in compliance with all applicable SRR/DOE environmental, safety, and health requirements, including DOE Regulation 10 CFR 851, “Worker Safety and Health Program”, and orders, and procedures including related reporting requirements. Such procedures provide authority to SRR employees to call a “time out/stop work” when unsafe conditions are observed and/or employee actions are likely to cause injury to themselves, other personnel, or cause damage to SRS property. The Seller shall ensure that its employees, including lower tier seller employees are aware of this authority, and also have similar “time our/stop work” authority when performing work under this Subcontract.

The SRR Procurement Representative shall notify the Seller in writing of any noncompliance with the provisions of this Article and the corrective action to be taken. After receipt of such notice, the Seller shall immediately take corrective action. In the event that the Seller fails to take corrective action and comply with said SRR/DOE regulations, requirements and procedures the SRR Procurement Representative may, without prejudice to any other legal or contractual rights of SRR, issue an order stopping work in whole or in part. An order authorizing the resumption of work may be issued at the discretion of the Procurement Representative. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this Article.

B. Prior to the start of work under this Subcontract, the Seller shall provide to the SRR Procurement

Representative a letter acknowledging a Corporate Safety and Health Policy and confirmation of compliance with SRR procedures. In addition, for any tasks identified in the Statement of Work as outside the scope of SRR procedures, the Seller shall provide to the SRR Procurement Representative for SRR review and acceptance any appropriate documentation, procedures or manuals containing task hazard reviews and safeguards to be implemented. Whenever a significant change or addition is made to such documentation, procedures or manuals, the Seller shall re-submit the revised document to SRR for review and acceptance. Examples of significant changes include any requirement deletions, additional scope added, total re-write or major revision.

Additionally, the Seller must submit annually to SRR either an update to the documentation, procedures or manuals for acceptance or a letter stating that no changes are necessary in the current accepted documents.

C. Equipment Safety.

The Seller shall ensure that major equipment used in the performance of work under this Subcontract is inspected, operated and maintained by qualified competent personnel.

As confirmation, the Seller shall complete Form PF-44, Major Equipment Declaration, (copy available on the SRR Internet Home Page) and provide one (1) copy to the Subcontract Technical Representative (STR), prior to placing any such equipment in service on the Savannah River Site. Additionally, prior to performing any activity involving the loading, unloading, and transporting of self-propelled medium or heavy duty equipment on the Savannah River Site, the Seller shall complete the “Self-propelled Equipment Loading, Unloading & Transport Safety Review Checklist”, copy available on the SRR Home Page at (http://www.srs.gov/general/busiops/PMMD/gen eral_provisions.htm), and provide a copy to the

STR.

D. Assigned Competent Person.

The Seller shall designate in writing an Assigned Competent Person (ACP), and alternates, who will be responsible for SRS perimeter barricade escort and safety orientation for non-badged material/equipment delivery personnel and other non-badged Seller personnel seeking temporary badges in support of the Seller’s work scope.

The ACP shall be a responsible employee, cognizant of the Subcontract scope and all applicable environmental, safety and health requirements, including any focused observation safety checklists. The ACP shall furnish an advance copy of applicable focused observation safety checklists to any non-badged temporary personnel anticipating entry onto SRS, and shall meet entering personnel at the SRR Badging Office, Building 703-46A when they report for temporary badging. The ACP and entering personnel shall review the scope of work to be performed and upon arrival at the work site review, complete and date any applicable focused observation safety checklist(s). For material/equipment deliveries, the ACP shall review any applicable focused observation safety checklists with delivery personnel, including specific safety measures required for loading/unloading in accordance with OHSA.

E. Safety and Health Representative.

The Seller shall designate a safety and health professional or representative, as specified in the Subcontract. The designation must include the person’s qualifications and duties. A designated Safety Representative shall have a minimum of thirty (30) hours formal Safety and Health training in OSHA standards or pre-approved equivalent, having other safety related training certificates and/or job experience in General Industry/Construction safety with an understanding of the requirements in 29 CFR 1910/1926. The Safety Representative shall solicit worker feedback during hazard review meetings, field safety inspections, incident investigations and document same when appropriate, e.g., new hazard requiring additional controls, defective equipment, observation of unsafe condition or behavior.

F. Site Reporting Requirements.

The Seller shall immediately notify the STR or

SRR Procurement Representative of any event/condition that may require reporting to DOE. Further, the Seller shall cooperate with any SRR or DOE critique, analysis, or investigation and complete necessary reports for such events/conditions. Events/conditions that require reporting to DOE are defined in DOE Manual 231.1-2 (DOE M 231.1-2) and can include (but are not limited to):

(1) Operational emergencies.

(2) Occupational injury or illness (including exposures to hazardous substances in excess of allowable limits) and near misses.

(3) Any on–the-job injury where an employee is taken offsite for something other than observation. The notification requirement applies to any person who goes offsite for prompt medical treatment of any type. The mode of transportation (ambulance, personal vehicle, etc.) is not pertinent – any offsite transfers must be reported immediately.

(4) Any violation of Lockout/Tagout controls where there are no credible barriers left between the worker, and the energy source regardless of whether or not there was an injury,

(5) Fires/explosions.

(6) Hazardous energy control failures,

(7) Operations shutdown directed by management for safety response.

(8) Environmental release of radioactive materials, hazardous substances, regulated pollutants, oil spills, etc.

(9) Violation of Federal Motor Carrier Safety Regulations or Hazardous Material Regulations.

(10)Loss, damage, theft, or destruction to government property (including damage to ecological resources like wetlands, critical habitats, historical/archeological sites, etc.)

(11)Spread of radioactive contamination or loss of control of radioactive materials.

(12)Personnel radioactive contaminations or exposures.

(13)Violations of procedures.

Immediate notification is required of such events to ensure SRR meets its commitment for 30 minute notification to appropriate DOE authorities. The Seller shall preserve conditions surrounding or associated with the event for continued investigation unless such actions interfere with establishing a safe condition. The Seller and their employees shall not conceal nor destroy any information concerning noncompliance or potential noncompliance with the environment, safety and health requirements of this Subcontract.

3. ENVIRONMENT, SAFETY, AND

HEALTH COMPLIANCE –

ALTERNATIVE II

(Compliance by the Seller with the requirements of this Article 3 of these Special Terms and Conditions for Commercial Purchases shall satisfy any/all requirements of Article 1 of these Special Terms and Conditions for Commercial Purchases, "Integration Of Environment, Safety and Health Into Work Planning And Execution", applicable to the scope of work contained in this Subcontract.)

A. The Seller and any lower tier seller(s) shall take all reasonable precautions in the performance of the work under this Subcontract to protect the environment, safety and health of employees and members of the public, and shall comply with

OSHA and all other applicable federal, state and local regulatory requirements, including new DOE Regulation 10 CFR 851, “Worker Safety and Health Program” which will apply to any work performed on the Savannah River Site effective February 9, 2007. The Seller and any lower tier seller shall comply with site-specific ES&H requirements when specified in the Subcontract. The SRR Procurement Representative shall notify the Seller in writing of any noncompliance with the provisions of this Article. After receipt of such notice, the Seller shall immediately take corrective action. In the event that the Seller fails to take corrective action and comply with said regulations and requirements, the SRR Procurement Representative may, without prejudice to any other legal or contractual rights of SRR, issue an order stopping work in whole or in part. An order authorizing the resumption of work may be issued at the discretion of the Procurement Representative. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this Article.

B. Corporate Worker Protection Plan (WPP).

The Seller shall possess and maintain a corporate

Worker Protection Plan (WPP) which implements the OSHA requirements applicable to the normal course of the Seller’s business.

Prior to the start of work under this Subcontract, the Seller shall provide to the SRR Procurement Representative a copy of the WPP and sample Task Specific Plans (TSP) (based on a minimum of three tasks in the scope of work), for review and acceptance by the appropriate SRR organization(s). NOTE: Seller is responsible for conducting hazard analysis and documenting additional TSPs. Work under this Subcontract shall not commence until the WPP and TSPs have been accepted by SRR. The Seller shall provide a copy of the accepted WPP and TSP to any lower tier Seller(s) and shall ensure Seller employee’s performing work at the site have access to the WPP document accepted by SRR, and other standards, controls and procedures including DOE worker protection publications applicable to the workplace. The Seller’s employees and the employees of any lower tier seller(s), shall comply with the WPP and TSPs in the performance of the work under this Subcontract. The WPP shall meet the following minimum requirements:

(1) Shall include management policies that provide for clear goals, responsibilities, authority, and accountability for meeting loss control objectives;

(2) Shall include the implementation of applicable local, state, federal, environment, safety and health requirements that are relevant to the scope of work, including applicable elements in 10 CFR 851, “Worker Safety and Health Program”;

(3) Shall provide employee guidance on internal engineering controls, precautions, and requirements on personal protective equipment (PPE) to minimize, control and/or prevent employee exposure to include equipment/property loss;

(4) Shall include management policies for incorporating and implementing the use of American Conference of Governmental Industrial Hygienist (ACGIH) threshold limit values (TLVs). The ACGIH guidelines shall be used when the TLV(s) exposure limits are more restrictive than OSHA permissible exposure limits (PELs).

(5) Shall include Task Specific Plans that include hazard identification and control measures that provide for safe work practices and employee training (i.e., 1) Define Scope of Work, 2) Identify and Analyze Hazards, 3) Develop and Implement Controls, 4) Perform Work within Controls, 5) Provide Feedback, and Continuous Improvement.);

(6) Shall include Focused Observation Checklists, as applicable. The Seller shall

(i) thoroughly assess the work scope, (ii) identify the associated hazards, and (iii) apply elements of corresponding Checklists within the Worker Protection Plan (WPP) or utilize applicable Checklists as attachments to the WPP. Subcontract scope performed by the Seller and its lower tier sellers will typically be covered by the WPP and appropriate Checklists. Such Checklists are available on the Savannah River Site Internet Home Page (http://www.srs.gov/general/busiops/PMMD /general_provisions.htm) for review and down loading.

(7) Shall include a process that provides authority to Seller and lower tier seller employees to call for a “time out/stop work” when unsafe conditions are observed and/or employee actions are likely to cause injury to themselves, other personnel, or cause damage to SRS property.

The Seller shall provide mechanisms to involve workers in the development of WPP goals, objectives, and performance measures and in the identification and control of workplace hazards.

Whenever a significant change or addition is made to the WPP, it shall be re-submitted to SRR for review and acceptance. Examples of significant changes include any requirement deletions, additional scope added, total re-write or major revision. Additionally, the Seller must submit annually to SRR either an updated WPP for acceptance or a letter stating that no changes are necessary in the current accepted WPP.

C. Equipment Safety.

The Seller shall ensure that major equipment used in the performance of work under this Subcontract is inspected, operated and maintained by qualified competent personnel.

As confirmation, the Seller shall complete Form PF-44, Major Equipment Declaration, (copy available on the SRR Internet Home Page) and provide one (1) copy to the Subcontract Technical Representative (STR), prior to placing any such equipment in service on the Savannah River Site. Additionally, prior to performing any activity involving the loading, unloading, and transporting of self-propelled medium or heavy duty equipment on the Savannah River Site, the Seller shall complete the “Self-propelled Equipment Loading, Unloading & Transport Safety Review Checklist”, copy available on the SRR Home Page at (http://www.srs.gov/general/busiops/PMMD/gen eral_provisions.htm), and provide a copy to the

STR.

D. Assigned Competent Person.

The Seller shall designate in writing an Assigned Competent Person (ACP), and alternates, who will be responsible for SRS perimeter barricade escort and safety orientation for non-badged material/equipment delivery personnel and other non-badged Seller personnel seeking temporary badges in support of the Seller’s work scope.

The ACP shall be a responsible employee, cognizant of the Subcontract scope and all applicable environmental, safety and health requirements, including any focused observation safety checklists. The ACP shall furnish an advance copy of applicable focused observation safety checklists to any non-badged temporary personnel anticipating entry onto SRS, and shall meet entering personnel at the SRR Badging Office, Building 703-46A when they report for temporary badging. The ACP and entering personnel shall review the scope of work to be performed and upon arrival at the work site review, complete and date any applicable focused observation safety checklist(s). For material/equipment deliveries, the ACP shall review any applicable focused observation safety checklists with delivery personnel, including specific safety measures required for loading/unloading in accordance with OSHA and the WPP.

E. Safety and Health Representative.

The Seller shall designate a safety and health professional or representative, as specified in the Subcontract. The designation must include the person’s qualifications and duties and be documented in the Seller’s Worker Protection Plan. A designated Safety Representative shall have a minimum of thirty (30) hours formal Safety and Health training in OSHA standards or pre-approved equivalent, having other safety related training certificates and/or job experience in General Industry/Construction safety with an understanding of 29 CFR 1910/1926 requirements. The Safety Representative shall solicit worker feedback during hazard review meetings, field safety inspections, incident investigations and document same when appropriate, e.g., new hazard requiring additional controls, defective equipment, observation of unsafe condition or behavior.

F. Material Safety Data Sheets.

The Seller shall provide the STR copies of Material Safety Data Sheets for all chemicals brought to SRS prior to the initial use of such chemicals. In addition, the Seller shall provide the STR with a current inventory on a monthly basis for chemicals stored on-site for thirty (30) or more days per EPCRA/CERCLA. All chemicals stored on-site shall follow NFPA storage guidelines.

G. Environmental Compliance The Seller and any lower tier seller(s) shall comply with all applicable environmental protection laws, Executive Orders, ordinances, regulations, directives, and codes. Upon request, the Seller shall submit an Environmental Compliance Plan (ECP) outlining the methods proposed to address the environmental requirements specified in the scope of work. The ECP shall specify the person responsible for ensuring the requirements are met.

H. Site Reporting Requirements The Seller shall immediately notify the STR or

SRR Procurement Representative of any event/condition that may require reporting to the DOE. Further, the Seller shall cooperate with any SRR or DOE critique, analysis, or investigation and complete necessary reports for such events/conditions. Events/conditions that require reporting to DOE are defined in DOE

Manual 231.1-2 (DOE M 231.1-1-2) and can include (but are not limited to):

(1) Operational emergencies,

(2) Occupational injury or illness (including exposures to hazardous substances in excess of allowable limits) and near misses,

(3) Any on–the-job injury where an employee is taken offsite for something other than observation. The notification requirement applies to any person who goes offsite for prompt medical treatment of any type. The mode of transportation (ambulance, personal vehicle, etc.) is not pertinent – any offsite transfers must be reported immediately,

(4) Any violation of Lockout/Tagout controls where there are no credible barriers left between the worker, and the energy source regardless of whether or not there was an injury

(5) Fires/explosions,

(6) Hazardous energy control failures,

(7) Operations shutdown directed by management for safety reasons,

(8) Environmental release of radioactive materials, hazardous substances, regulated pollutants, oil spills, etc.

(9) Violation of Federal Motor Carrier Safety Regulations or Hazardous Material Regulations,

(10) Loss damage, theft, or destruction to government property (including damage to ecological resources like wetlands, critical habitats, historical/archeological sites, etc.),

(11) Spread of radioactive contamination or loss of control of radioactive materials,

(12) Personnel radioactive contaminations or exposures, and

(13) Violations of procedures.

Immediate notification is required of such events to ensure SRR meets its commitment for 30 minute notification to appropriate DOE authorities. The Seller shall preserve conditions surrounding or associated with the event for continued investigation unless such actions interfere with establishing a safe condition. The Seller and their employees shall not conceal nor destroy any information concerning noncompliance or potential noncompliance with the environment, safety and health requirements of this Subcontract.

4. ENVIRONMENT, SAFETY, AND

HEALTH COMPLIANCE –

ALTERNATIVE III

(Compliance by the Seller with the requirements of this Article 4 of these Special Terms and Conditions for Commercial Purchases shall satisfy any/all requirements of Article 1 of these Special Terms and Conditions for Commercial Purchases, "Integration Of Environment, Safety and Health Into Work Planning And Execution," applicable to the scope of work contained in this Subcontract.)

A. The Seller and any lower tier seller(s) shall take all reasonable precautions in the performance of the work under this Subcontract to protect the environment, safety and health of employees and members of the public, and shall comply with OSHA and all other applicable federal, state and local regulatory requirements, including new DOE Regulation 10 CFR 851, “Worker Safety and Health Program” which will apply to any work performed on the Savannah River Site effective February 9, 2007. The Seller and any lower tier seller shall comply with site-specific ES&H requirements when specified in the Subcontract. The SRR Procurement Representative shall notify the Seller in writing of any noncompliance with the provisions of this Article. After receipt of such notice, the Seller shall immediately take corrective action. In the event that the Seller fails to take corrective action and comply with said regulations and requirements, the SRR Procurement Representative may, without prejudice to any other legal or contractual rights of SRR, issue an order stopping work in whole or in part. An order authorizing the resumption of work may be issued at the discretion of the Procurement Representative. The Seller shall not be entitled to an extension of time or additional fee or damages by reason of, or in connection with, any work stoppage ordered in accordance with this Article.

B. Corporate Worker Protection Plan (WPP) The Seller shall possess and maintain a corporate

Worker Protection Plan (WPP) which implements the OSHA requirements applicable to the normal course of the Seller’s business.

Prior to the start of work under this Subcontract, the Seller shall provide to the SRR Procurement Representative a copy of the WPP for review and acceptance by the appropriate SRR organizations. The Seller’s employees and the employees of any lower tier seller(s), shall comply with the WPP in the performance of the work under this Subcontract. Work under the Subcontract shall not commence until the WPP has been received and accepted by SRR. The Seller shall provide a copy of the WPP to any lower tier Seller(s) and shall ensure Seller employee’s performing work at the site have access to the WPP document accepted by SRR, and other standards, controls and procedures including DOE worker protection publications applicable to the workplace. The WPP shall meet the following minimum requirements:

(1) Shall include management policies that provide for clear goals, responsibilities, authority, and accountability for meeting loss control objectives;

(2) Shall include the implementation of applicable local, state, federal, environment, safety and health requirements that are relevant to the scope of work, including applicable elements in 10 CFR 851, “Worker Safety and Health Program”;

(3) Shall provide employee guidance on task hazards, engineering controls, precautions, and requirements on personal protective equipment (PPE) to minimize, control and/or prevent employee exposure to include equipment/property loss;

(4) Shall include management policies for incorporating and implementing the use of American Conference of Governmental Industrial Hygienist (ACGIH) threshold limit values (TLVs). The ACGIH guidelines shall be used when the TLV(s) exposure limits are more restrictive than OSHA permissible exposure limits (PELs).

(5) Shall include Focused Observation Checklists, as applicable. The Seller shall

(i) thoroughly assess the work scope, (ii) identify the associated hazards, and (iii) apply elements of corresponding Checklists within the Worker Protection Plan (WPP) or utilize applicable Checklists as attachments to the WPP. Subcontract scope performed by the Seller and its lower tier sellers will typically be covered by the WPP and appropriate Checklists. Such Checklists are available on the Savannah River Site Internet Home Page (http://www.srs.gov/general/busiops/PMMD /general_provisions.htm) for review and down loading.

(6) Shall include a process that provides authority to Seller and lower tier seller employees to call for a “time out/ stop work” when unsafe conditions are observed and/or employee actions are likely to cause injury to themselves, other personnel, or cause damage to SRS property.

The Seller shall provide mechanisms to involve workers in the development of WPP goals, objectives, and performance measures and in the identification and control of workplace hazards.

Whenever a significant change or addition is made to the WPP, it shall be re-submitted to SRR for review and acceptance. Examples of significant changes include any requirement deletions, additional scope added, total re-write or major revision. Additionally, the Seller must submit annually to SRR either an updated WPP for acceptance or a letter stating that no changes are necessary in the current accepted WPP.

C. Equipment Safety The Seller shall ensure that major equipment used in the performance of work under this Subcontract is inspected, operated and maintained by qualified competent personnel.

As confirmation, the Seller shall complete Form PF-44, Major Equipment Declaration, (copy available on the SRR Internet Home Page) and provide one (1) copy to the Subcontract Technical Representative (STR), prior to placing any such equipment in service on the Savannah River Site. Additionally, prior to performing any activity involving the loading, unloading, and transporting of self-propelled medium or heavy duty equipment on the Savannah River Site, the Seller shall complete the “Self-propelled Equipment Loading, Unloading & Transport Safety Review Checklist”, copy available on the SRR Home Page at (http://www.srs.gov/general/busiops/PMMD/gen eral_provisions.htm), and provide a copy to the

STR.

D. Assigned Competent Person The Seller shall designate in writing an Assigned Competent Person (ACP), and alternates, who will be responsible for SRS perimeter barricade escort and safety orientation for non-badged material/equipment delivery personnel and other non-badged Seller personnel seeking temporary badges in support of the Seller’s work scope.

The ACP shall be a responsible employee, cognizant of the Subcontract scope and all applicable environmental, safety and health requirements, including any focused observation safety checklists. The ACP shall furnish an advance copy of applicable focused observation safety checklists to any non-badged temporary personnel anticipating entry onto SRS, and shall meet entering personnel at the SRR Badging Office, Building 703-46A when they report for temporary badging. The ACP and entering personnel shall review the scope of work to be performed and upon arrival at the work site review, complete and date any applicable focused observation safety checklist(s). For material/equipment deliveries, the ACP shall review any applicable focused observation safety checklists with delivery personnel, including specific safety measures required for loading/unloading in accordance with OSHA and the WPP.

E. Safety and Health Representative.

The Seller shall designate a safety and health professional or representative, as specified in the Subcontract. The designation must include the person’s qualifications and duties and be documented in the Seller’s Worker Protection Plan. A designated Safety Representative shall have a minimum of thirty (30) hours formal Safety and Health training in OSHA standards or pre-approved equivalent, having other safety related training certificates and/or job experience in General Industry/Construction safety with an understanding of 29 CFR 1910/1926 requirements. The Safety Representative shall solicit worker feedback during hazard review meetings, field safety inspections, incident investigations and document same when appropriate, e.g., new hazard requiring additional controls, defective equipment, observation of unsafe condition or behavior.

F. Material Safety Data Sheets.

The Seller shall provide the STR copies of

Material Safety Data Sheets for all chemicals brought to SRS prior to the initial use of such chemicals. In addition, the Seller shall provide the STR with a current inventory on a monthly basis for chemicals stored on-site for thirty (30) or more days per EPCRA/CERCLA. All chemicals stored on-site shall follow NFPA storage guidelines.

G. Environmental Compliance The Seller and any lower tier seller(s) shall comply with all applicable environmental protection laws, Executive Orders, ordinances, regulations, directives, and codes. Upon request, the Seller shall submit an Environmental Compliance Plan (ECP) outlining the methods proposed to address the environmental requirements specified in the scope of work. The ECP shall specify the person responsible for ensuring the requirements are met.

H. Site Reporting Requirements The Seller shall immediately notify the STR or

SRR Procurement Representative of any event/condition that may require reporting to the DOE. Further, the Seller shall cooperate with any SRR or DOE critique, analysis, or investigation and complete necessary reports for such events/conditions. Events/conditions that require reporting to DOE are defined in DOE Manual 231.1-2 (DOE M 231.1-1-2) and can include (but are not limited to):

(1) Operational emergencies.

(2) Occupational injury or illness (including exposures to hazardous substances in excess of allowable limits) and near misses.

(3) Any on–the-job injury where an employee is taken offsite for something other than observation. The notification requirement applies to any person who goes offsite for prompt medical treatment of any type. The mode of transportation (ambulance, personal vehicle, etc.) is not pertinent – any offsite transfers must be reported immediately.

(4) Any violation of Lockout/Tagout controls where there are no credible barriers left between the worker, and the energy source regardless of whether or not there was an injury.

(5) Fires/explosions.

(6) Hazardous energy control failures.

(7) Operations shutdown directed by management for safety reasons.

(8) Environmental release of radioactive materials, hazardous substances, regulated pollutants, oil spills, etc.

(9) Violation of Federal Motor Carrier Safety Regulations or Hazardous Material Regulations.

(10) Loss damage, theft, or destruction to government property (including damage to ecological resources like wetlands, critical habitats, historical/archeological sites, etc.)

(11) Spread of radioactive contamination or loss of control of radioactive materials.

(12) Personnel radioactive contaminations or exposures.

(13) Violations of procedures.

Immediate notification is required of such events to ensure SRR meets its commitment for 30 minute notification to appropriate DOE authorities. The Seller shall preserve conditions surrounding or associated with the event for continued investigation unless such actions interfere with establishing a safe condition. The Seller and its employees shall not conceal nor destroy any information concerning noncompliance or potential noncompliance with the environment, safety and health requirements of this Subcontract.

5. RESERVED

6. FITNESS FOR DUTY WORKPLACE

SUBSTANCE ABUSE PROGRAM

CONTRACTOR expects that Seller and lower tier seller employees who will perform work on-site will be physically and mentally fit to meet the requirements of the job descriptions for labor under this Subcontract. CONTRACTOR has absolute authority to reject said employees who are not fit for duty or manifest their unfitness after performing work, and Seller and lower tier sellers will immediately replace said employees as a condition of this Subcontract.

A. Fitness for Duty SRR expects that Seller and lower tier seller employees who will perform work on-site will be physically and mentally fit to meet the requirements of the job descriptions for labor under this Subcontract. SRR has absolute authority to reject said employees who are not fit for duty or manifest their unfitness after performing work, and Seller and lower tier sellers will immediately replace said employees as a condition of this Subcontract.

(1) (i) The Seller shall advise employees and the employees of lower tier sellers and agents that it is the policy of SRR to prohibit the use, possession, sale and distribution of alcohol, drugs or other controlled substance within the limits of the Savannah River Site (SRS), and/or any off-Site facilities, and to prohibit the presence of individuals who have such substances in the body for non-medical reasons. Any Seller employee who is found in violation of the policy may be removed or barred from the site.

(ii) The Seller agrees to advise its employees and the employees of lower tier sellers of the above policy prior to assignment to the Site and to maintain documentation that such advice has been given.

(2) SRR will collect urine specimens when Seller employees are processed for badging.

SRR will send these specimens to a consultant for testing and verification. The testing process may take up to five (5) days to obtain results. In the event of "positive" findings, the Seller will be notified and shall bring the individual to the Badge Office for an "Exit Conference". The Seller then agrees to promptly remove such individual from the Savannah River Site and return the badge to the SRR Subcontractor Badge Office.

(3) The Seller agrees to secure the written consent of employees to release results of urine tests to the designated SRR representative. SRR agrees to use such results solely in connection with its decision as to whether to permit a Seller employee, lower tier seller employee or agent to access Savannah River Site property.

(4) SRR will also conduct for-cause and random drug and alcohol testing on all employees badged by SRR. The Seller agrees to comply with and secure the compliance of its employees and employees of lower tier sellers with this testing. In the event of "positive" findings, the Seller agrees to promptly remove such individual from the Savannah River Site and return his or her badge to the SRR Subcontractor Badging Office.

(5) A Breath Alcohol Test will be given during the initial badging process and the results will be available immediately. In the event of "positive" findings, the Seller's employee will not be badged, shall be issued a temporary pass, and will be escorted offsite by a Seller’s Representative.

B. Suitability for Employment

(1) Seller employees, including employees of lower tier sellers, who are to be badged to permit Savannah River Site access, must successfully complete Suitability for Employment process. As part of this process, the Seller agrees to advise its employees and employees of lower tier Sellers that they will be required to complete certain forms, which authorize background investigations. These forms shall be submitted during the badging process.

(2) Employees will be issued a photo badge and allowed site access on the first reporting day. In the event a Seller's employee subsequently fails to successfully complete the background investigation, the Seller agrees to promptly remove such individual from the site and to return the badge to the SRR Subcontractor Badging Office.

(3) Seller agrees to advise its employees of the above requirement prior to assignment to the Savannah River Site and to maintain documentation that such advice has been given.

(4) Seller also shall advise its employees and lower tier sellers whose employees are performing work at SRS that they shall inform Seller of any arrest or indictment by any law enforcement agency as soon as practicable; and Seller shall inform SRR, within 24 hours in writing (Email is acceptable) of its or its lower tier seller’s employee’s name and the alleged facts of the arrest or indictment. SRR shall make a determination of the employee’s continued suitability for employment at SRS.

7. GENERAL EMPLOYEE TRAINING AND

ANNUAL REFRESHER TRAINING FOR

SUBCONTRACT EMPLOYEES

(The following terms are applicable if performance of this Subcontract will require the Seller's employee(s) to perform work on SRS premises for more than ten (10) working days.)

A. General Employee Training (GET)

(1) The Seller shall inform its employees and the employees of its lower tier sellers that it is the policy of Savannah River Remediation to adhere to the requirements contained in the DOE Order entitled “Personnel Selection, Qualification and Training Requirements," which requires any individual, employed either full or part-time at any DOE reactor or non-reactor facility to receive selected general training.

(2) Successful Completion Required Said employees, referred to in the remainder of this document as "individual", must successfully complete the training known as "General Employee Training" (GET) as offered by the SRS. The GET sessions are given by a Savannah River Site authorized GET instructor. There are three categories of GET.

(i) Category 1 consists of viewing a video that lasts for one hour. This category is limited to delivery personnel, visitors, and other temporary personnel that require badged access to the general site and property protection areas and are typically on site greater that 10 days, but not consecutively, in a calendar year.

(ii) Category 2 consists of viewing a video and a written examination, and lasts for approximately two hours. This category would apply to visitors or other temporary personnel that require badged access to the general site and property protection areas and are on site greater than 10 days consecutively in a calendar year, and additional training is not required as determined by SRR.

(iii) Category 3 consists of eight hours of training and includes instructor lecture along with audio and visual aids and a written examination. This category applies to individuals who require badged access to the general site, property protection areas, or security controlled areas and additional training is required, as determined by SRR.

(3) Successful Completion Defined: Successful completion occurs when the individual

(i) Is scheduled for GET,

(ii) Attends the GET session,

i) (iii) Obtains a test score of 70% or greater on the written examination, if required, (100% is the highest obtainable score), and

(iv) Properly completes all documents (rosters, exam answer sheet, etc.).

(4) Unsuccessful Completion Defined: If the individual fails to successfully complete GET, the individual is given a failure notice and is to notify the Subcontract Technical Representative (STR) for rescheduling for remedial training or for a re-test. The individual will be allowed several chances to successfully complete the GET. Continued failure to successfully complete GET will result in resolution by the STR.

(5) Scheduling for GET The STR shall direct the individual to the appropriate training center to attend the GET session. GET training is scheduled subject to demand.

(6)…