Attachment 4_Special Provisions (SP_5)-On_Site Rev 2 2023-12-4.pdf

Hanford Mission Integration Solutions Provisions

Special Provision – On-Site Services (Rev. 2, 12/4/2023)

SPECIAL PROVISIONS 5 – ON-SITE SERVICES

Rev. 2, December 4, 2023

TABLE OF CONTENTS

DEFINITIONS

GENERAL

SAFETY AND QUALITY STANDARDS

Safety Shipment Safety Shipment Notification

MATERIALS AND EQUIPMENT PROTCTIONS OF MATERIALS, EQUIPMENT, AND WORK

Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements

CHANGES

Labor Harmony Work Rules Confidential and Controlled Use Information

SECURITY PERSONNEL QUALIFICATIONS

Badge Requirements Unclassified Computer Security Requirements Clearances & Security Qualification Escort Requirements Prohibited Articles Security Emergency Clause

MEDICAL

Examinations Radiological Site Services and Records Occupational Medical Services and Records

RADIATION PROTECTION

SUBCONTRACTOR-FURNISHED MATERIALS AND/OR TOOLS

INSURANCE SUBCONTRACTOR PROVIDED INSURANCE

STOP WORK RESPONSIBILITY – ON-SITE WORK

TRAINING

TELECOMMUNICATIONS AND HANFORD LOCAL AREA NETWORK (HLAN)

EMPLOYEE CONCERNS

HAZARDOUS MATERIALS AND WASTE

General Toxic Substances Control Act Rejection of Waste Products Acceptance and Title Revocation of Acceptance Buyer’s Option in Event of Rejection or Revocation of Acceptance Subcontractor’s Options as to Rightfully Rejected or Revoked Waste Products Subcontractor Warranties Buyer Warranties

Tender of Delivery Loading and Transportation of Waste Products Disposal

Inspections Non-exclusivity

TRANSPORTATION

General Requirements Value and Insurance Special Instructions for Various Methods of Transportation Premium Transportation Restriction Air Freight/Air Express Services/Exclusive Use Truck General Notes and Restrictions

PRIME CONTRACT FLOW DOWN PROVISIONS

DOE-H-2080 (Apr 2018) (Amended) DOE-H-2080 (Apr 2018) (Amended) Radiological Site Services and Records Occupational Medical Services and Records Hanford Site Services and Interface Requirements Matrix FAR 52.237-3 Continuity of Services. (Jan 1991) (Amended) 52.245-1 Government Property (Jan 2017) FAR 52.245-9 Use and Charges (Apr 2012) (Amended) FAR 52.246-26 Reporting Nonconforming Items (Jun 2020) (Amended)

DEAR 952.223-71 Integration of ES&H into Work Planning and Execution DEAR 952.223-72 Radiation Protection and Nuclear Criticality (Apr 1984) DEAR 952.223-75 Preservation of Individual Occupational Radiation Exposure Records (Apr 1984) 51 DEAR 970.5204-3 Access To and Ownership of Records (Oct 2014) DEAR 970.5223-1 Integration of ES&H into Work Planning and Execution

DEFINITIONS

Whenever used in this Subcontract, the following definitions shall be applicable unless the content indicates otherwise.

1. “ES&H” shall mean environment, safety, and health, including pollution prevention, waste minimization, occupational radiation protection, industrial hygiene, fire protection, and nuclear safety.

2. “Employee” shall mean both Subcontractor and its lower-tier subcontractor employees.

3. “Work” shall mean supplies, services, designs, and vendor data provided by the

Subcontractor and its lower-tier subcontractors and all work performed pursuant to this Subcontract.

4. “Radiological Work” shall mean any work performed on-site that requires the handling of radioactive material or which requires access to Radiation Areas, High

Radiation Areas, Very High Radiation Areas, Contamination Areas, High

Contamination Areas, or Airborne Radioactivity Areas. No work is to begin on site until all requirements identified as required prior to the start of work or prior to mobilization are met (e.g., as specified by the several sections of these Special

Provisions or in the Statement of Work), unless specifically authorized in writing by the Contract Specialist or Buyer’s Technical Representative (BTR).

5. “Site” or “On-Site” shall mean the following: all Government owned facilities and/or

Buyer operated facilities paid with Government funds (regardless of whether DOE badges are required or not), located in Richland, Washington, Hanford, Washington, and within Benton County, Washington.

GENERAL

A. These Special Provisions are applicable in their entirety unless specifically deleted or amended in the Subcontract and are in addition to the General Provisions and other Special Provisions that apply to this Subcontract. In the event of a conflict between these Special Provisions and the General Provisions, these Special

Provisions shall take precedence.

B. These Special Provisions apply to all companies and personnel assigned to work on the Hanford site in performance of this Hanford Mission Integration Solutions

(HMIS) Subcontract. All of these provisions including requirements identified in the SOW must be flowed down appropriately to all lower-tier subcontractors and assigned personnel.

C. Buyer reserves the right to refuse or withdraw access to the Buyer’s facilities or

Hanford site by any person(s) at any time for violation of these provisions, inappropriate conduct, unsafe acts, and misuse of business sensitive information or misappropriation of Department of Energy (DOE) owned facilities, equipment, or resources.

D. Ensure that all activities appropriately protect the human health and safety, environment, cultural resources, treaty rights, reserved treaty, and other legal rights of the federally recognized American Indian Tribes at the Hanford Site. If you have any questions in this regard, contact the cognizant BTR.

SAFETY AND QUALITY STANDARDS

Safety

A. The Subcontractor and its lower-tier subcontractors shall perform work on the Hanford Site in accordance with the Buyer’s DOE approved Worker

Safety and Health Program (HMIS-PLN-WP-33219, 10 CFR 851 HMESC

Worker Safety and Health Program Description), Safety and Health

Procedures, and applicable Site-wide Safety Programs or the subcontractor shall submit to Buyer documentation that the Subcontractor’s Worker Safety and Health Program has been approved by DOE.

B. Buyer’s Safety and Health Procedures are available on the internet at

Hanford Mission Integration Solutions. The documents on this site are kept current and are readily available for Subcontractor and lower-tier subcontractor use.

C. The Subcontractor shall exercise a degree of care commensurate with the work and the associated hazards. The Subcontractor shall ensure that management of ES&H functions and activities is an integral and visible part of the Subcontractor’s work planning and execution processes. As a minimum, the Subcontractor shall:

1. Thoroughly review the defined scope of work;

2. Identify hazards and ES&H requirements;

3. Analyze hazards and implement controls;

4. Perform work within controls; and

5. Provide feedback on adequacy of controls and continue to improve

ES&H management.

D. Subcontractor shall flow down ESH&Q requirements to the lowest tier subcontractor performing work on the Hanford site commensurate with the risk and complexity of the work.

E. Subcontractor and its lower-tier subcontractors shall take all reasonable precautions in the performance of the work to protect the safety and health of employees and of members of the public. Subcontractor and its lower-tier subcontractors shall be responsible to comply, without additional expense to the Buyer, with new or modified State, Federal, and DOE requirements or regulations. Where there is a difference in regulations or requirements, the most stringent shall apply.

F. Subcontractor shall perform work in compliance with facility-specific procedures and requirements documents applicable to the work area.

G. Subcontractor shall take appropriate action, up to and including stopping work, and immediately notify Buyer if an unplanned risk or hazard is discovered that is not covered by directions provided by Buyer. This action includes notifying Buyer if the work exposes their workers to hazards that require exposure assessment, medical examinations, or training.

H. Subcontractors and its lower-tier subcontractors shall be responsible to complete an Employee Job Task Analysis (EJTA) in accordance with HMIS-

PRO-WP-11058 for any of the following situations:

1. For any subcontractor employee who will be on the Hanford Site for more than 30 days in a year.

2. For any subcontractor employee who may potentially be exposed to hazards (e.g., radiological, beryllium, hazardous wastes, noise) while performing in accordance with the subcontract statement of work.

3. For any subcontractor employee enrolled in a medical or exposure monitoring program required by 10 CFR 851, and/or any other applicable federal, state, or local regulation or other obligation.

I. Subcontractor and its lower-tier subcontractors shall use the Hanford Site

Occupational Medical Provider for first aid treatment and return to work evaluations and the Hanford Fire Department or Richland Fire Department

(depending on location of incident) for ambulance service for urgent medical situations requiring care and transport.

J. Subcontractor shall ensure employees and lower-tier subcontractor employees have received the identified safety-related training as required by

HMIS safety and health procedures.

K. Specific health and safety requirements for the execution of the scope of work described in this document will be stipulated in the Buyer's Site-specific

Health and Safety Plans, Job Hazard Analysis (JHA)/Job Safety Analysis (JSA) and Radiological Work Permits, as applicable. The Buyer's safety and health requirements will be communicated to the Subcontractor through HGET, facility-specific training and orientation, and pre-job briefings. A pre-job safety meeting, including any personnel associated with the field work, will be held before the performance of field work.

L. The Subcontractor shall prepare a Job Hazard Analysis (JHA) as required by and in accordance with the requirements specified in HMIS-PRO-WP-079.

The Subcontractor will participate in the JHA/AJHA process and will comply with the requirements specified within any JHA document (e.g.; AJHA, JSA, Work Order, etc.) associated with the Subcontractor’s description/scope of work. All applicable JHAs shall be reviewed and approved by the Contracting

Officer and provided for review to all Subcontractor personnel before the initiation of field activities.

M. The Subcontractor will supply all appropriate personal protective equipment

(PPE) needed by Subcontractor personnel. Safety Glasses with side shields, hard hats, and substantial footwear (i.e., no open-toed or open-heel shoes, no sandals) shall be worn when working on or near the designated work area.

N. The Subcontractor shall immediately notify the BTR and the Contract

Specialist of any injuries or incidents including damage to Subcontractor-owned property or equipment.

O. The Subcontractor shall provide Buyer with a copy of all reports made to government agencies or insurance companies relating to jobsite accidents and injuries.

Shipment Safety

Subcontractor shall ensure that all shipments made to the Hanford site in performance of this Subcontract are packaged and loaded for safe handling and unloading. Any person delivering to the Hanford site or to a Buyer-controlled facility should wear appropriate protective equipment and may be required by the

Buyer to wear specific personal protective equipment (hand, eye, head, or foot protection). Deliveries to the Hanford site or Buyer-controlled facility may be refused and/or unloading work stopped by any Buyer employee for unsafe conditions or practices. All Subcontractors are responsible for ensuring that they and all lower-tier subcontractors have the appropriate DOT certificates, paperwork, and signage.

Shipment Notification

A. Subcontractor and/or any lower-tier subcontractor shall notify Energy

Northwest seven (7) days in advance (1) of movement of “common” explosives over 1,800 pounds excluding small arms ammunitions or classified shipments within five (5) miles of Energy Northwest and/or, (2) of any railroad shipment from/to Hanford north of the rail spur to the Fast Flux Test

Facility.

B. For EM radioactive material/waste shipments by motor carrier and/or rail, the additional security measures described below shall be implemented.

Documentation that the security measures were performed shall be maintained with the shipping papers.

1. Additional Security Measures to be implemented for Motor Carriers transporting Radioactive Material/Waste Shipments:

i. Verify and document that site security plans require drivers entering the faculty for loading/unloading of shipments to sign in at the security gate and be escorted to the loading/unloading location unless a security badge has been issued.

ii. Verify and document the name of the drivers, who will be entering DOE facilities to pick up shipments to be used for commercial shipments, are on the list provided by the motor carrier.

iii. Verify and document the motor carriers to be used have provided documentation that all drivers meet the personal security requirements addressed in the U.S. Department of

Transportation’s Security Sensitive Visits.

iv. Obtain copies of documentation from the carriers that all drivers are citizens of the United States.

v. Verify the drivers have a Commercial Driver’s License, with proper hazardous materials endorsements, and attach a copy to the shipment documentation to be kept on file for each shipment.

vi. Verify the drivers have a Commercial Driver’s License, with proper hazardous materials endorsements, and attach a copy to the shipment documentation to be kept on file for each shipment.

vii. Verify and document the carriers utilize satellite tracking and/or maintains cellular telephone contact with the driver, including the requirement that the driver must contact carrier dispatch at regular intervals.

viii. Require security staff to perform and document per-loading equipment inspections to avoid explosive and other devices as detailed in Measure 18 of CRD Notice 473.9 (Supplemented Rev.

0), Security Conditions.

NOTE: DOE Notice, Measure 18. Implement screening procedures for other deliveries at designated inspection points to identify explosives and incendiary devices. Use K-9 teams for inspections, when available. Instruct site personnel to report suspicious packages to Security and refrain from handling them until cleared by appropriate authority.

ix. Provide the drivers a briefing and a copy of written instructions regarding en route shipment security measures to be taken.

Ensure the drivers can read and understand the instructions provided and have the driver sign a copy of the instructions.

Attach signed and dated copy of the instructions to the shipment documentation to be kept on file.

x. Request consignee notification of receipt of shipments.

2. Additional security measures to be implemented for rail carriers transporting radioactive material/waste shipments:

i. Obtain a copy of the rail carrier’s security plan. Ensure the plan identifies communications links, frequency of communication, and points of contact information for security-related emergencies.

ii. Implement a mechanism to be notified by the carrier should cars/train encounter any unexpected occurrences en route.

Ensure the rail carrier has access to the information

iii. Require security staff to perform and document pre-loading equipment inspections to avoid explosive and other as detailed in

Measure 18 of CRD Notice 473.9 (Supplemented Rev. 0), Security

Conditions.

iv. Verify and document the rail carrier has a communication system

(through central dispatch consignee notification of arrival cars/trains).

v. Request consignee notification of arrival of cars/trains.

MATERIALS AND EQUIPMENT PROTECTIONS OF MATERIALS, EQUIPMENT, AND WORK

A. Subcontractor shall at all times in accordance with the best practices and at no additional cost to Buyer, preserve and protect material and equipment used by

Subcontractor in the execution of the work from damage or loss due to weather, fire, theft, unexplained disappearance, or other similar casualty.

B. Subcontractor shall at all times in accordance with the best practices and at no additional cost to Buyer, protect from damage due to Subcontractor’s operations, equipment, and materials (whether stored or installed), paving, structures and any and all other items on jobsite belonging to the Government, Buyer, or others.

C. Neither Buyer or the Government shall be responsible for any loss suffered by

Subcontractor or damage to the work, or to materials, tools and equipment of

Subcontractor or of any other Subcontractor, and Subcontractor assumes responsibility for any such loss or damage and for any cost of repairing, making good, or replacing any such loss or damage that may be directed by Buyer or the

Government.

Protection of Existing Vegetation, Structures, Equipment, Utilities and

Improvements

A. Subcontractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this Subcontract. Subcontractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during Subcontract performance, or by the careless operation of equipment, or by workmen, Subcontractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Buyer.

B. Subcontractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the

Subcontractor. Subcontractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this Subcontract or failure to exercise reasonable care in performing the work. If Subcontractor fails or refuses to repair the damage promptly, Buyer may have the necessary work performed and charge the cost to Subcontractor.

CHANGES

A. At all times during the course of the work, Subcontractor shall provide at the jobsite a qualified, competent, and responsible supervisor who shall be satisfactory to Buyer. The supervisor shall have authority to represent

Subcontractor and directions given to him shall be binding on Subcontractor.

Upon Buyer written request, Subcontractor shall give the supervisor, in writing, complete authority to act on behalf of, and to bind Subcontractor in all matters pertaining to the work and this Subcontract. Subcontractor shall furnish Buyer a copy of the authorization. Subcontractor shall not transfer or remove any of its supervisory or key personnel from performance of work without the prior written approval of Buyer.

B. Any employee of Subcontractor deemed by Buyer, in their sole judgment, to be objectionable shall be removed from the jobsite immediately upon Buyer request and shall be promptly replaced by Subcontractor at no extra expense to Buyer.

Subcontractor shall nevertheless retain all authority and control over its employees, including responsibility for all costs arising from providing reasonable accommodations for its employees.

C. If requested by Buyer, Subcontractor shall furnish it with the names and addresses of Subcontractor’s lower-tier Subcontractors, field employees of Subcontractor and its lower-tier Subcontractors, and others who have performed or are performing the work hereunder.

Labor Harmony

Subcontractor agrees that all labor employed by it, its agents, and/or lower-tier

Subcontractors for work on the jobsites shall be in harmony with and be compatible with all other labor used by Buyer or other subcontractors. Whenever

Subcontractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the work, Subcontractor shall immediately give notice thereof including all relevant information to Buyer.

Work Rules

Subcontractor shall comply strictly with Buyer and the Government’s rules governing the conduct of Subcontractor and Subcontractor’s employees, agents, and Subcontractors at and about the jobsite. Subcontractor agrees that it shall ensure that its supervisory personnel, employees, agents, and Subcontractors at the jobsite comply strictly with such rules. Buyer reserves the right to, from time to time, revise any such rules and Subcontractor shall comply fully with such rules as revised in accordance with the foregoing provisions.

Confidential and Controlled Use Information

A. Confidential and Controlled-Use Information obtained by Subcontractor from

Buyer or the Government in connection with this Subcontract shall be held in confidence by Subcontractor and shall not be disclosed to third parties or used by Subcontractor for any purpose other than for the performance of this Subcontract or as authorized in writing by Buyer.

B. This information, which can include controlled-use (documents marked

Official Use Only (OUO), Classified, Unclassified Controlled Nuclear

Information (UCNI), Export-Controlled Information (ECI), and Naval Nuclear

Propulsion Information (NNPI)), designs, drawings, technical experience, software, processing systems, databases, financial, intellectual property, trade secrets, customers, vendors, personnel records, research, development, inventions, plans, manufacturing, engineering, accounting, bid data, sales, marketing, Subcontract terms, and any information generated pursuant to work performed in accordance with the Subcontract

(collectively, Confidential Information), constitutes a commercial asset or information relating to national security of considerable value to Buyer and the Government.

C. Subcontractor shall use such confidential information only for the purpose of performing work in accordance with the Subcontract. Confidential

Information may only be released on a need-to-know basis to employees and

Subcontractors who agree to safeguard the information. Subcontractor shall make all reasonable efforts to ensure its employees and lower-tier

Subcontractors, maintain such confidential information in strictest confidence. Subcontractor may not disclose Confidential Information to any other person (including the media for purposes of publicity), partnership, venture, firm, government, or corporation without the express written consent of Buyer or the Government, as appropriate.

D. All Confidential Information furnished by Buyer or the Government, or documentation developed by Subcontractor in performance of this

Subcontract shall remain Buyer's property. Upon completion of work, Subcontractor shall either destroy or return such documentation and any other confidential information reduced to tangible or electronic form, including copies thereof, to Buyer unless Buyer consents otherwise.

E. Nothing contained in the Subcontract, or in any disclaimer made by Buyer or the Government, shall be construed to grant Subcontractor any license or other rights in or to disclose confidential information or any patent, trademark, or copyright that has been or may be issued unless expressly conveyed by written agreement exclusive of the Subcontract.

F. In the event that work performed by Subcontractor in accordance with the

Subcontract involves the collection or generation of data on persons or associations, Subcontractor shall maintain strict confidentiality of records in accordance with the laws of the State of Washington; the Privacy Act of 1974

(5 U.S.C. 552a); provisions of the Fair Credit Reporting Act (15 U.S.C. 1681);

and other applicable federal and state agency regulations. Violations of these statutes may result in criminal penalties.

SECURITY PERSONNEL QUALIFICATIONS

Subcontractor and all lower tier subcontractors shall comply with the following security instructions and requirements:

A. Subcontractor is responsible for maintaining satisfactory standards for employee qualifications, performance, conduct, and business ethics under its own personnel policies. If the work to be performed under this Subcontract requires

Subcontractor personnel to acquire site access, Subcontractor is responsible for determining employee suitability prior to making a request for site access, including citizenship.

B. Subcontractor, by requesting site access for Subcontractor or lower-tier subcontractor personnel, hereby accepts complete responsibility for all conduct of the personnel to whom access is granted. Buyer shall be indemnified and held harmless for all liability, claims, or controversies arising from badge issuance and for breach of this clause.

Badge Requirements

A. Requests by an authorized representative of the Subcontractor for access to the Hanford Site or any Buyer controlled facility or access to a Federal

Information system will only be considered when a valid business reason exists. Access may be denied or revoked by the Buyer or DOE at any time.

B. Foreign national access - a special review and approval process is required before site access might be granted to a foreign national (a non-U.S. citizen).

Foreign nationals will not be badged until the process is complete. Site hosts are responsible for ensuring that citizenship determinations are complete.

C. Any person granted access shall be required to wear a Buyer-issued security badge identifying him/her. The identification badge shall be worn in plain view, above the waist, on the front of the body. If required, a dosimeter will be issued in conjunction with the security badge. The identification badge must be protected from loss or theft and shall not be stored in an unlocked unattended vehicle. The identification badge integrity must be protected by ensuring the badge is not altered, photocopied, counterfeited, reproduced, and/or photographed.

D. Guests visiting for longer than seven (7) days, or any Subcontractor employee performing work on the Hanford Site requires him or her to complete, or have completed within the past 12 months, the HMIS orientation course or a version of Hanford General Employee Training (HGET) prior to being issued a badge or being allowed access to the Hanford Site. Buyer will provide HGET except in special circumstances. Subcontractor employee must be current with minimum site access training requirements to be issued a security badge.

E. Badges will be issued at Buyer security location(s) during normal working hours. Subcontractor shall provide Buyer the complete name (as it appears on the photo identification to be used), business address, social security number and citizenship of the individual(s) requiring a security badge(s), at least two working days prior to the date the employee(s) first require the badge(s) for work performance. Each Subcontractor employee requiring a badge shall appear in person and present identification compliant with the

Federal Government’s REAL ID Act. A list of REAL ID Act compliant identification credentials can be found at http://www.hanford.gov/files.cfm/Hanford_Badge_Real_ID_fact_sheet.pdf.

F. If a Subcontractor employee loses a badge, he/she shall report the loss immediately upon discovery to the Central Badging Office at 509-376-3000.

If badge is stolen, immediately report it to Hanford Patrol at 509-376-3800, the Central Badging Office, and local law enforcement (a police report number will need to be obtained).

G. Upon termination of employment or completion of the Subcontractor's work, and before final payment shall be made, all badges (including any PIV Badges issued by DOE-Hanford) and dosimeters issued to Subcontractor employees shall be returned to Central Badging and HMIS Dosimetry, respectively.

Buyer may charge Subcontractor $1,000.00 for each badge or dosimeter not returned. The charge shall be deducted from payments otherwise due the

Subcontractor. Refund of charges will not be made after the date of final payment to Subcontractor for previously collected badges and/or dosimeters subsequently found.

Unclassified Computer Security Requirements

A. When made available by the Buyer as part of this Subcontract, Buyer's telecommunications and computer systems may be used only in performance of this Subcontract. Subcontractor will ensure that personnel who are allowed access to the Hanford Local Area Network (HLAN) understand and comply with Buyer's Computer Access and data security rules. Foreign Nationals may not be granted access until cleared by the

Foreign National Visits and Assignments office.

B. When authorized to connect Subcontractor owned computers to HLAN, Subcontractor will:

1. Identify a single contact responsible for coordinating appropriate controls with the Project Hanford Management Subcontract (HMESC)

Computer Protection Program Manager (CPPM).

2. Obtain approval from the CPPM prior to making any connections.

3. Ensure that any computer connected to the HLAN must be physically separated from any other network by Buyer approved mean.

4. Allow Buyer unrestricted access to those computers for periodic inspection and to verify that all “data in all forms” is erased prior to final payment on the Subcontract (41 CFR 109-43).

Clearances & Security Qualification

A. Subcontractor may be required to perform work in designated security areas or work with documents or information that may require an access authorization (clearance). Additionally, the scope of the work may require enrollment into the Human Reliability Program (see 10 CFR Part 712).

Subcontractor shall ensure that personnel assigned under this Subcontract and working with classified information, matter, and/or materials possess a

DOE “Q” or “L” access authorization (clearance) matching the classification level of the data and information the employee will be required to work on in the performance of their assigned tasks.

B. Individuals that do not require a “Q” or “L” clearance will possess either a

Local Site-Specific Only badge or/and HSPD-12 badge. The Subcontractor shall not propose non-U.S. citizens for positions requiring security clearances

(Clearance-Access authorizations are granted by the DOE pursuant to 10 CFR

Part 710, Criteria and Procedures for Determining Eligibility for Access to

Classified Matter or Special Nuclear Material). Security badges must be worn properly while working at DOE facilities.

C. Clearances will be provided and paid for by DOE. The request for clearance and renewal of clearances must be justified based on actual job performance requirements. Uncleared personnel requiring access to security areas where security clearances are needed for unescorted access shall be escorted in these areas by approved escorts.

D. Subcontractor shall conduct pre-employment screening of prospective employees in order to ensure trustworthiness and reliability. Pre-employment screening shall include, as a minimum, verification of personal identity, previous employment, and education, and the results of a credit and law enforcement check. There is no pre-screening required for incumbent employees that do not have a “Q” or “L” clearance.

E. Requests for access authorization shall not be submitted until the

Subcontract has been awarded, and a favorable Foreign Ownership, Control, or Influence determination must be rendered by DOE and Buyer before an access authorization will be granted, reinstated, continued, extended, or transferred for employees or prospective employees on the contract.

F. Subcontractor shall turn in badges for employees: (1) who are no longer working on the Subcontract; (2) who no longer require access; (3) when their badge expires; or (4) when the Subcontract expires or is terminated.

Escort Requirements

In some locations, escorting will be required. In these rare circumstances, the

Buyer will provide the Subcontractor with guidance.

Prohibited Articles

Subcontractor’s employees shall not personally carry, or otherwise transport or transfer, certain items onto the Hanford Site or any DOE-owned or leased facility, or off the Site proper at which the Subcontractor is performing work under this

Subcontract.

A. The following items are prohibited articles anywhere on site or in site-associated facilities (to include vehicle parking areas and pedestrian walkways):

1. Pets and animals (guide dogs are permitted).

2. Weapons – includes firearms and ammunition, stun guns, folding or straight blade knives with blades exceeding (4) inches in length, swords, machetes, axes, hatchets, razors and similar cutting devices, clubs, and any other item prohibited by law. (NOTE – Personal protective sprays, e.g., pepper spray, are prohibited in protected areas and material areas only.)

3. Alcoholic beverages – Includes any intoxicating beverage, liquor or other product containing alcohol, including "near" and "non-alcoholic" beer and "energy drinks" which identify alcohol as an ingredient.

4. Controlled substances and drug paraphernalia (prescription drugs are permitted in the original container).

5. Explosives or incendiary devices (road flares are permitted).

6. Any article prohibited by law.

B. The following controlled articles are prohibited within areas controlling classified interests located in limited areas and protected areas (privately owned items are not authorized within limited areas, protected areas, and materials access areas; government owned items may be authorized if identified on an approved prohibited/controlled article pass).

1. Cameras and Computers.

2. Recording and transmitting devices, including cell phones, iPods, MP3 players, and e-Readers.

3. Cellular telephones.

4. Electronic equipment capable of connecting to automated information systems, e.g., personal digital assistants.

5. Any article prohibited by law.

NOTE – All images taken at Hanford are considered documents and are subject to information release procedures.

C. If Subcontractor, or any of its employees, needs to use a prohibited item to meet a requirement of this Subcontract, Subcontractor shall contact Buyer for guidance in acquiring the necessary prohibited/controlled article pass.

D. Subcontractor’s employees and their vehicles, packages, or other types of containers are subject to a search for prohibited articles at any time while performing work on the Hanford Site or in any DOE owned or leased facility located off the Site proper. Prohibited articles found in the possession/control of Subcontractor’s employees which are not listed on a valid prohibited/controlled article pass may be confiscated.

NOTE: (1) Government-owned video conference systems approved for classified use are not considered controlled articles, (2) Hanford Patrol is authorized to search all vehicles and hand-carried items, and to confiscate any prohibited/controlled articles not listed on a valid prohibited/controlled article pass, (3) this list is subject to change, (4) If Subcontractor or any lower-tier subcontractors are in possession of any of the above items, THE ITEMS

MUST BE DECLARED IMMEDIATELY.

Security Emergency Clause

A. During declared security events, DOE-RL may assume direct command and control of the Hanford Patrol. The Chief of the Hanford Patrol shall report directly to the DOE-RL Director of Security, Emergency Services, and

Information Management or his designee once DOE-RL has assumed command. Additionally, during a declared security event, the DOE-RL

Manager or designee may direct the activities of the Contractor and subcontractors throughout the duration of the emergency.

B. Subcontractor shall include this Clause in lower-tier subcontracts at any tier for work performed at the Hanford Site.

MEDICAL

Examinations

A. Buyer may require Subcontractor's employees to undergo medical examinations including medical qualification and medical monitoring examinations. The Subcontractor shall utilize the Hanford Site Occupational

Medical Subcontractor for medical examinations required for performance of this work scope. The Subcontractor shall use the Hanford OMC for work related injury care, return to work evaluations. Hanford Fire Department ambulance service may also be used to provide urgent care and transportation while on the Hanford Site.

B. The Subcontractor shall be responsible for providing an acceptable replacement if the Subcontractor’s employee is medically unable to safely perform the assigned work scope.

C. Medical examinations may be required at any time if efforts under this

Subcontract involve work in radiological areas or result in routine exposure to radioactive materials.

Radiological Site Services and Records

A. Buyer shall obtain Radiological Site Services (RSS) and occupational medical services for Subcontractor employees performing hazardous work that may expose workers to chemical, physical (including radiological), and biological, and/or similar hazards.

B. DEAR 952.223-75, Preservation of Individual Occupational Radiation

Exposure Records, and DEAR 970.5204-3, Access to and Ownership of

Records, are implemented as follows with respect to radiological records:

Radiological exposure records generated during the performance of Hanford-related activities will be maintained by the designated provider of this service listed in Prime Contract Attachment entitled, Hanford Site Services and

Interface Requirements Matrix, and are the property of DOE.

Occupational Medical Services and Records

A. Buyer shall obtain Occupational Medical Services for Subcontractor employees performing hazardous work that may expose workers to chemical, physical (including radiological), and biological, and/or similar hazards

B. Occupational Medical Services for employees performing work under this

Subcontract are provided by the Hanford Site occupational medical services contractor DEAR 970.5204-3, Access to and Ownership of Records, is implemented as follows with respect to occupational medical records.

Occupational medical records generated during the performance of Hanford-related activities shall be maintained by the Hanford Site occupational medical services provider and are the property of DOE.

RADIATION PROTECTION

A. Subcontractor shall ensure that all employees and other persons under its control comply with the requirements of the HMIS Radiological Control Manual HMIS-

MAN-RC-5173 and regulations pertaining to control of occupational radiation and/or contamination as set forth herein. Unless specified otherwise in the

Subcontract the Buyer will provide the Occupational Radiation Protection

Program. If the Subcontract involves work in areas that contain irradiated or contaminated equipment, the Subcontractor and its employees shall be required to undergo a Buyer-provided orientation and appropriate radiological training.

B. Subcontractor shall ensure that individuals responsible for developing and implementing radiological measures have the appropriate education, training, and skills to discharge these responsibilities. Each individual must submit supporting documentation prior to starting work. The Buyer may identify additional required radiological training.

C. The Buyer's program requirement is to conduct personnel surveys immediately upon leaving a contamination area, high contamination area, or airborne radioactivity area. The Subcontractor agrees that its employees shall submit to such a survey and, if necessary, decontamination procedures. If employees are appropriately qualified, employees may perform self-survey for radioactive contamination.

D. The Subcontractor shall notify the BTR in writing at least 24 hours in advance of bringing any item, equipment or tool to the Hanford Site that contains radioactive material above background using industry handheld instruments The Buyer may conduct radiological surveys to verify compliance with 10 CFR 835 on any equipment, tools or personal property brought on to the Hanford site, at any time during the period of performance of this Subcontract and before allowing any such equipment, tools or personal property to be brought onto the site or before leaving the site.

E. Based on the results of the survey, Buyer may refuse to allow radiologically contaminated materials to be brought onto the site or to leave the site. If

Subcontractor's originally uncontaminated equipment, tools, or personal property becomes contaminated during performance of the work on site through no fault or negligence of the Subcontractor, the Buyer may attempt to decontaminate. If the contaminated property cannot be decontaminated so that it can be released, the Buyer reserves the right to destroy or dispose of the property at no cost to the

Subcontractor. In such instance, an equitable adjustment to the Subcontract

"may" be made if not already addressed elsewhere in the Subcontract.

F. The Subcontractor shall notify the BTR in writing at least 24 hours in advance when a radioactive source that employs radioactive materials or generates, emits, or utilizes ionizing radiation will be used prior to bringing such device(s) on-site.

This includes any source licensed by the Nuclear Regulatory Commission (NRC) or authorized State.

G. This notification will contain the off-site company name, source isotope, source activity, physical nature of the source (liquid, gas or solid), radiation dose rate, whether the source is shielded or unshielded, the planned location of source while on site, the custodian of the source (point of contact), and the arrival and departure dates. The Subcontractor will also notify the BTR in writing when the source has been removed from the Hanford Site.

H. Basic Dosimeter. Each employee of the Subcontractor and its lower-tier

Subcontractors may be issued a basic dosimeter for performance of the work under this Subcontract. Dosimeters are issued free of charge by HMIS Dosimetry.

Dosimeters will be issued for the duration of a specific Subcontract or for the current calendar year. If a Subcontract performance period extends beyond the last Friday of the current calendar year, a new dosimeter shall be obtained before that date.

1. All dosimeters shall be returned (1) within thirty (30) calendar days after the completion of the work, (2) on or before January 15 of the next calendar year, or (3) prior to final payment under the

Subcontract, whichever is earliest.

2. Dosimeters may be issued for shorter periods of time or to monitor specific locations based on the requirements of the activity. The

Subcontractor agrees to comply with approved HMIS procedures for assignment of dosimeters, wearing of dosimeters, and return of dosimeters.

I. Radiological records generated by the Subcontractor shall be submitted to the

Buyer as specified in the SOW or within 30 days of completion of work. No radiological record generated during the performance of work may be disposed of or destroyed without Buyer approval. Subcontractor may retain copies of any such records. Examples of such radiological records include radiological designs, procurements of equipment use in a radiological environment, radiological survey documentation, work documents, radiological training, and individual occupational radiation exposure records. HMIS reserves right of inspection during performance of the work.

J. Instruments not provided by the Buyer for use by the Subcontractor for radiological monitoring will be approved by the radiological control organization, calibrated, maintained, and operated in accordance with procedures that meet the Buyer program requirements.

K. Radiological personal protective clothing, including respiratory protection used for radiological purposes, provided by the Subcontractor must be approved by the

Buyer prior to use.

L. Subcontractor Radiation Protection Compliance Evaluation.

1. The requirements in this Clause apply to any product that has the potential to cause radiological harm for its intended use or radiological activity or service carried out on behalf of DOE and the

Buyer by the Subcontractor that has the potential to result in: (1) occupational exposure to ionizing radiation (as defined in 10 CFR

835.2), (2) exposure of minors and members of the public (as defined in 10 CFR 835.2) to ionizing radiation during direct on-site access at a

DOE site or facility, (3) planned special exposures (as described in 10

CFR 835.204), (4) emergency exposures (as described in 10 CFR

835.1302), and (5) exposures to the embryo/fetus of a declared pregnant worker (as defined in 10 CFR 835.2). Specific applicability exclusions include those listed in 10 CFR 835.1(b).

2. The Subcontractor shall: (1) comply with all requirements of HMIS-

OTHER-RC-5173 and (2) implement, document, and maintain implementing programs (such as administrative controls, procedures, and technical work documents) as necessary to ensure compliance with HMIS-OTHER-RC-5173. The Subcontractor's program is subject to review at all times by the Buyer. Subcontractor’s acceptance of this Subcontract provision signifies that HMIS-OTHER-RC-5173 requirements are understood and will be met.

3. When subcontracting any portion of this Subcontract, the

Subcontractor is required to invoke the requirements of HMIS-

OTHER-RC-5173 on any subcontractor which shall be involved in the performance of any of the work described in the first paragraph of this Clause. Prior to performing any radiological activity, the

Subcontractor's lower-tier subcontractor(s) shall certify that the requirements of HMIS-OTHER-RC-5173 are understood and that they will be met.

4. The Buyer reserves the right to verify the efficacy of implementing programs and the implementation of HMIS-OTHER-RC-5173 requirements at the Subcontractor's facility and/or lower-tier subcontractor's facility to ensure compliance with 10 CFR 835 as defined in the Subcontract. Access to a Subcontractor's facility shall be requested through the Subcontractor and verification may be performed jointly with the Subcontractor. The Subcontractor shall, during the performance of this Subcontract, submit any significant changes to the program documents to the Buyer for review and approval prior to implementation. Significant changes are those changes which, if implemented, may result in unnecessary increases in occupational exposure or loss of control of radioactive materials without a corresponding increase in the scope or effectiveness of radiological work activities performed. The Buyer may impose changes upon the Subcontractor's program documents as necessary to maintain compliance with HMIS-OTHER-RC-5173, which is subject to changes resulting from new or revised provisions of 10 CFR 835.

5. The Subcontractor and any of its lower-tier subcontractors performing portions of the work covered by HMIS-OTHER-RC-5173 shall restrict minors (persons under 18 years of age) from

Radiologically Controlled Areas and all other Radiological Areas unless approval has been obtained from the Buyer's Radiological Control

Manager to permit entry.

SUBCONTRACTOR-FURNISHED MATERIALS AND/OR TOOLS

If Subcontractor is required to furnish and bring on the Hanford Site its own materials and/or tools, Subcontractor shall keep such materials and/or tools physically segregated from 1) any materials, tools, and/or other property furnished by the Government, and 2) any materials, tools, and/or other property acquired by the Subcontractor for which cost the Subcontractor is reimbursed by the Government. See clauses titled “Handling of

Prohibited Articles” and “Radiation Protection” for handling of contaminated articles.

Subcontractor is responsible for providing for the physical protection of its own materials and/or tools and any materials, tools, and/or other property furnished by the

Government. Materials, tools, and other property must be physically secured to the extent practicable through the use of locked buildings, containers, and fenced areas.

Where it is impractical to lock items in a building, container, or fenced area, alternate means of protection must be provided (e.g., hub locks, hitch locks, ignition locks, locked chains, etc.), to secure items.

INSURANCE SUBCONTRACTOR PROVIDED INSURANCE

A. Subcontractor shall procure at his/her own expense and maintain the insurance policies and coverage limits described below unless waived in writing by Buyer.

Subcontractor shall ensure that lower-tier subcontractor agreements at least duplicate the insurance policies and coverage limits required of Subcontractor unless waived by Buyer. Buyer's waiver shall not apply to insurance required by statute.

1. Workers Compensation, Occupational Disease, Disability Benefit, and other similar employee benefit insurance required under the laws of the state that apply to the work to be performed under this

Subcontract.

2. Commercial General Liability Insurance, including Employers Liability and Owner's and Subcontractor's Protective and Contractual Liability, with a combined single limit of at least $1,000,000 per occurrence for bodily injury (including death), property damage, and any other covered loss.

3. Automobile Liability Insurance for all motor vehicles, including owned, non-owned, and hired motor vehicles, used by or on behalf of

Subcontractor in connection with work to be performed under this

Subcontract with a combined single limit of at least $1,000,000 per occurrence for bodily injury (including death), property damage, and any other covered loss. If hazardous materials are to be transported, Subcontractor shall maintain liability insurance evidenced by ISO

Form CA001 with MCS-90 and CA9948 endorsements attached.

4. Tool and Equipment Insurance for all tools and equipment, including rentals, used in connection with the work to be performed under this

Subcontract.

5. Prior to commencing work, Subcontractor shall furnish Buyer with satisfactory evidence of insurance coverage, unless waived in writing by Buyer. Subcontractor is required to notify Buyer in writing immediately if the insurance is cancelled and/or a material change occurs. In addition, the following requirements apply: (1) coverage's evidenced by Subcontractor Provided Insurance policies shall be primary and (2) such policies shall contain a Separation of Insureds clause and Waiver of Subrogation in favor of Buyer. Subcontractor shall name Buyer as an Additional Insured on all such applicable policies.