Prime Contract – Clause I.98



(a)        For the purposes of this clause,

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

(2)        Employees include subcontractor employees.

(b)        In performing work under this contract, the contractor 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.  The contractor shall exercise a degree of care commensurate with the work and the associated hazards.

The contractor shall ensure that management of environment, safety and health (ES&H) functions and activities becomes an integral but visible part of the contractor’s work planning and execution processes.  The contractor 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 contractor and subcontractor 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 DOE and the contractor.  These agreed-upon conditions and requirements are requirements of the contract and binding upon the contractor.  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 in a Safety Management System.

(c)        The contractor shall manage and perform work in accordance with a documented Safety Management System (System) that fulfills all conditions in paragraph (b) of this clause at a minimum.  Documentation of the System shall describe how the contractor will:

(1)        Define the scope of work;

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

(3)        Develop and implement hazard controls;

(4)        Perform work within controls; and

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

(d)       The System shall describe how the contractor will establish, document, and implement safety performance objectives, performance measures, and commitments in response to DOE program and budget execution guidance while maintaining the integrity of the System.  The System shall also describe how the contractor will measure system effectiveness.

(e)        The contractor shall submit to the contracting officer documentation of its System for review and approval.  Dates for submittal, discussions, and revisions to the System will be established by the contracting officer.  Guidance on the preparation, content, review, and approval of the System will be provided by the contracting officer.  On an annual basis, the contractor shall review and update, for DOE approval, its safety performance objectives, performance measures, and commitments consistent with and in response to DOE’s program and budget execution guidance 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 System. Accordingly, the System shall be integrated with the contractor’s business processes for work planning, budgeting, authorization, execution, and change control.

(f)        The contractor shall comply with, and assist the Department of Energy in complying with, ES&H requirements of all applicable laws and regulations, and applicable directives identified in the clause of this contract entitled “Laws, Regulations, and DOE Directives.” The contractor shall cooperate with Federal and non-Federal agencies having jurisdiction over ES&H matters under this contract.

(g)        The contractor shall promptly evaluate and resolve any noncompliance with applicable ES&H requirements and the System.  If the contractor fails to provide resolution or if, at any time, the contractor’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 contracting officer may issue an order stopping work in whole or in part.  Any stop work order issued by a contracting officer under this clause (or issued by the contractor to a subcontractor in accordance with paragraph (i) of this clause) shall be without prejudice to any other legal or contractual rights of the Government.  In the event that the contracting officer issues a stop work order, an order authorizing the resumption of the work may be issued at the discretion of the contracting officer.  The contractor 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 clause.

(h)        Regardless of the performer of the work, the contractor is responsible for compliance with the ES&H requirements applicable to this contract.  The contractor is responsible for flowing down the ES&H requirements applicable to this contract to subcontracts at any tier to the extent necessary to ensure the contractor’s compliance with the requirements.

(i)         The contractor shall include a clause substantially the same as this clause in subcontracts involving complex or hazardous work on site at a DOE-owned or – leased facility.  Such subcontracts shall provide for the right to stop work under the conditions described in paragraph (g) of this clause.  Depending on the complexity and hazards associated with the work, the contractor may choose not to require the subcontractor to submit a Safety Management System for the contractor’s review and approval.