**SUPPLEMENTAL PROVISONS FOR WORK ON SITE UNDER GSA CONTRACTS** (Cost
Reimbursement)

**1. Security,** DEAR 952.204-2 (May 2002)

\(a\) *Responsibility*. It is the contractor\'s duty to safeguard all
classified information, special nuclear material, and other DOE
property. The contractor shall, in accordance with DOE security
regulations and requirements, be responsible for safeguarding all
classified information and protecting against sabotage, espionage, loss
or theft of the classified documents and material in the contractor\'s
possession in connection with the performance of work under this
contract. Except as otherwise expressly provided in this contract, the
contractor shall, upon completion or termination of this contract,
transmit to DOE any classified matter in the possession of the
contractor or any person under the contractor\'s control in connection
with performance of this contract. If retention by the contractor of any
classified matter is required after the completion or termination of the
contract, the contractor shall identify the items and types or
categories of matter proposed for retention, the reasons for the
retention of the matter, and the proposed period of retention. If the
retention is approved by the contracting officer, the security
provisions of the contract shall continue to be applicable to the matter
retained. Special nuclear material shall not be retained after the
completion or termination of the contract.

\(b\) *Regulations*. The contractor agrees to comply with all security
regulations and requirements of DOE in effect on the date of award.

\(c\) *Definition of classified information*. The term \"classified
information\" means Restricted Data, Formerly Restricted Data, or
National Security Information.

\(d\) *Definition of restricted data*. The term \"Restricted Data\"
means all data concerning (1) design, manufacture, or utilization of
atomic weapons; (2) the production of special nuclear material; or (3)
the use of special nuclear material in the production of energy, but
shall not include data declassified or removed from the Restricted Data
category pursuant to Section 142 of the Atomic Energy Act of 1954, as
amended.

\(e\) *Definition of formerly restricted data*. The term *\"Formerly
Restricted Data\"* means all data removed from the Restricted Data
category under section 142 d. of the Atomic Energy Act of 1954, as
amended.

\(f\) *Definition of National Security Information*. The term \"National
Security Information\" means any information or material, regardless

of its physical form or characteristics, that is owned by, produced for
or by, or is under the control of the United States Government, that has
been determined pursuant to Executive Order 12356 or prior Orders to
require protection against unauthorized disclosure, and which is so
designated.

\(g\) *Definition of Special Nuclear Material (SNM)*. *SNM* means: (1)
plutonium, uranium enriched in the isotope 233 or in the isotope 235,
and any other material which pursuant to the provisions of Section 51 of
the Atomic Energy Act of 1954, as amended, has been determined to be
special nuclear material, but does not include source material; or (2)
any material artificially enriched by any of the foregoing, but does not
include source material.

\(h\) *Security clearance of personnel*. The contractor shall not permit
any individual to have access to any classified information, except in
accordance with the Atomic Energy Act of 1954, as amended, Executive
Order 12356, and the DOE\'s regulations or requirements applicable to
the particular level and category of classified information to which
access is required.

\(i\) *Criminal liability*. It is understood that disclosure of any
classified information relating to the work or services ordered
hereunder to any person not entitled to receive it, or failure to
safeguard any classified information that may come to the contractor or
any person under the contractor\'s control in connection with work under
this contract, may subject the contractor, its agents, employees, or
subcontractors to criminal liability under the laws of the United
States. (See the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011
et seq.; 18 U.S.C. 793 and 794; and E.O. 12356.)

\(j\) Foreign Ownership, Control or Influence.

\(1\) The Contractor shall immediately provide the cognizant security
office written notice of any change in the extent and nature of foreign
ownership, control or influence over the Contractor which would affect
any answer to the questions presented in the Certificate Pertaining to
Foreign Interests, Standard Form 328 or the Foreign Ownership, Control
or Influence questionnaire executed by the Contractor prior to the award
of this contract. In addition, any notice of changes in ownership or
control which are required to be reported to the Securities and Exchange
Commission, the Federal Trade Commission, or the Department of Justice
shall also be furnished concurrently to the Contracting Officer.

\(2\) If a Contractor has changes involving foreign ownership, control
or influence, DOE must determine whether the changes will pose an undue
risk to the common defense and security. In making this determination,
DOE will consider proposals made by the Contractor to avoid or mitigate
foreign influences.

\(3\) If the cognizant security office at any time determines that the
Contractor is, or is potentially, subject to foreign ownership, control
or influence, the Contractor shall comply with such instructions as the
Contracting Officer shall provide in writing to safeguard any classified
information or special nuclear material.

\(4\) The Contractor agrees to insert terms that conform substantially
to the language of this clause, including this paragraph, in all
subcontracts under this contract that will require subcontractor
employees to possess access authorizations. Additionally, the Contractor
must require subcontractors to have an existing DOD or DOE Facility
Clearance or submit a completed Certificate Pertaining to Foreign
Interests, Standard Form 328, required in DEAR 952.204-73 prior to award
of a subcontract. Information to be provided by a subcontractor pursuant
to this clause may be submitted directly to the Contracting Officer. For
purposes of this clause, subcontractor means any subcontractor at any
tier and the term \"Contracting Officer\" means the DOE Contracting
Officer. When this clause is included in a subcontract, the term
\"Contractor\" shall mean Subcontractor and the term \"contract\" shall
mean subcontract.

\(5\) The Contracting Officer may terminate this contract for default
either if the Contractor fails to meet obligations imposed by this
clause or if the Contractor creates a FOCI situation in order to avoid
performance or a termination for default. The Contracting Officer may
terminate this contract for convenience if the Contractor becomes
subject to FOCI and for reasons other than avoidance of performance of
the contract, cannot, or chooses not to, avoid or mitigate the FOCI
problem.

\[49 FR 12042, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984, as amended at
52 FR 38425, Oct. 16, 1987; 62 FR 2310, Jan. 16, 1997; 62 FR 42072, Aug.
5, 1997; 67 FR 14873, Mar. 28, 2002\]

**2. Classification/Declassification,** DEAR 952.204-70 (SEP 1997)

In the performance of work under this contract, the contractor or
subcontractor shall comply with all provisions of the Department of
Energy\'s regulations and mandatory DOE directives which apply to work
involving the classification and declassification of information,
documents, or material. In this section, \"information\" means facts,
data, or knowledge itself; \"document\" means the physical medium on or
in which information is recorded; and \"material\" means a product or
substance which contains or reveals information, regardless of its
physical form or characteristics. Classified information is \"Restricted
Data\" and \"Formerly Restricted Data\" (classified under the Atomic
Energy Act of 1954, as amended) and \"National Security Information\"
(classified under Executive Order 12958 or prior Executive Orders). The
original decision to classify or declassify information is considered an
inherently Governmental function. For this reason, only Government
personnel may serve as original classifiers, i.e., Federal Government
Original Classifiers. Other personnel (Government or contractor) may
serve as derivative classifiers which involves making classification
decisions based upon classification guidance which reflect decisions
made by Federal Government Original Classifiers.

The contractor or subcontractor shall ensure that any document or
material that may contain classified information is reviewed by either a
Federal Government or a Contractor Derivative Classifier in accordance
with classification regulations including mandatory DOE directives and
classification/declassification guidance furnished to the contractor by
the Department of Energy to determine whether it contains classified
information prior to dissemination. For information which is not
addressed in classification/declassification guidance, but whose
sensitivity appears to warrant classification, the contractor or
subcontractor shall ensure that such information is reviewed by a
Federal Government Original Classifier.

In addition, the contractor or subcontractor shall ensure that existing
classified documents (containing either Restricted Data or Formerly
Restricted Data or National Security Information) which are in its
possession or under its control are periodically reviewed by a Federal
Government or Contractor Derivative Declassifier in accordance with
classification regulations, mandatory DOE directives and
classification/declassification guidance furnished to the contractor by
the Department of Energy to determine if the documents are no longer
appropriately classified. Priorities for declassification review of
classified documents shall be based on the degree of public and
researcher interest and the likelihood of declassification upon review.
Documents which no longer contain classified information are to be
declassified. Declassified documents then shall be reviewed to determine
if they are publicly releasable. Documents which are declassified and
determined to be publicly releasable are to be made available to the
public in order to maximize the public\'s access to as much Government
information as possible while minimizing security costs.

**3.** **Nuclear Hazards Indemnity Agreement,** DEAR 952.250-70 (JUN
1996)

\(a\) *Authority*. This clause is incorporated into this contract
pursuant to the authority contained in subsection 170d. of the Atomic
Energy Act of 1954, as amended (hereinafter called the Act.)

\(b\) *Definitions*. The definitions set out in the Act shall apply to
this clause.

\(c\) *Financial protection*. Except as hereafter permitted or required
in writing by DOE, the contractor will not be required to provide or
maintain, and will not provide or maintain at Government expense, any
form of financial protection to cover public liability, as described in
paragraph (d)(2) below. DOE may, however, at any time require in writing
that the contractor provide and maintain financial protection of such a
type and in such amount as DOE shall determine to be appropriate to
cover such public liability, provided that the costs of such financial
protection are reimbursed to the contractor by DOE.

(d)(1) *Indemnification*. To the extent that the contractor and other
persons indemnified are not compensated by any financial protection
permitted or required by DOE, DOE will indemnify the contractor and
other persons indemnified against (i) claims for public liability as
described in subparagraph (d)(2) of this clause; and (ii) such legal
costs of the contractor and other persons indemnified as are approved by
DOE, provided that DOE\'s liability, including such legal costs, shall
not exceed the amount set forth in section 170e.(1)(B) of the Act in the
aggregate for each nuclear incident or precautionary evacuation
occurring within the United States or \$100 million in the aggregate for
each nuclear incident occurring outside the United States, irrespective
of the number of persons indemnified in connection with this contract.

\(2\) The public liability referred to in subparagraph (d)(1) of this
clause is public liability as defined in the Act which (i) arises out of
or in connection with the activities under this contract, including
transportation; and (ii) arises out of or results from a nuclear
incident or precautionary evacuation, as those terms are defined in the
Act.

(e)(1) *Waiver of Defenses*. In the event of a nuclear incident, as
defined in the Act, arising out of nuclear waste activities, as defined
in the Act, the contractor, on behalf of itself and other persons
indemnified, agrees to waive any issue or defense as to charitable or
governmental immunity.

\(2\) In the event of an extraordinary nuclear occurrence which:

\(i\) Arises out of, results from, or occurs in the course of the
construction, possession, or operation of a production or utilization
facility; or

\(ii\) Arises out of, results from, or occurs in the course of
transportation of source material, by-product material, or special
nuclear material to or from a production or utilization facility; or

\(iii\) Arises out of or results from the possession, operation, or use
by the contractor or a subcontractor of a device utilizing special
nuclear material or by-product material, during the course of the
contract activity; or

\(iv\) Arises out of, results from, or occurs in the course of nuclear
waste activities, the contractor, on behalf of itself and other persons
indemnified, agrees to waive:

\(A\) Any issue or defense as to the conduct of the claimant (including
the conduct of persons through whom the claimant derives its cause of
action) or fault of persons indemnified, including, but not limited to:

1\. Negligence;\
2. Contributory negligence;\
3. Assumption of risk; or\
4. Unforeseeable intervening causes, whether involving the conduct of a
third person or an act of God;

\(B\) Any issue or defense as to charitable or governmental immunity;
and

\(C\) Any issue or defense based on any statute of limitations, if suit
is instituted within 3 years from the date on which the claimant first
knew, or reasonably could have known, of his injury or change and the
cause thereof. The waiver of any such issue or defense shall be
effective regardless of whether such issue or defense may otherwise be
deemed jurisdictional or relating to an element in the cause of action.
The waiver shall be judicially enforceable in accordance with its terms
by the claimant against the person indemnified.

\(v\) The term *extraordinary nuclear occurrence* means an event which
DOE has determined to be an extraordinary nuclear occurrence as defined
in the Act. A determination of whether or not there has been an
extraordinary nuclear occurrence will be made in accordance with the
procedures in 10 CFR part 840.

\(vi\) For the purposes of that determination, \"offsite\" as that term
is used in 10 CFR part 840 means away from \"the contract location\"
which phrase means any DOE facility, installation, or site at which
contractual activity under this contract is being carried on, and any
contractor-owned or controlled facility, installation, or site at which
the contractor is engaged in the performance of contractual activity
under this contract.

\(3\) The waivers set forth above:

\(i\) Shall be effective regardless of whether such issue or defense may
otherwise be deemed jurisdictional or relating to an element in the
cause of action;

\(ii\) Shall be judicially enforceable in accordance with its terms by
the claimant against the person indemnified;

\(iii\) Shall not preclude a defense based upon a failure to take
reasonable steps to mitigate damages;

\(iv\) Shall not apply to injury or damage to a claimant or to a
claimant\'s property which is intentionally sustained by the claimant or
which results from a nuclear incident intentionally and wrongfully
caused by the claimant;

\(v\) Shall not apply to injury to a claimant who is employed at the
site of and in connection with the activity where the extraordinary
nuclear occurrence takes place, if benefits therefor are either payable
or required to be provided under any workmen\'s compensation or
occupational disease law;

\(vi\) Shall not apply to any claim resulting from a nuclear incident
occurring outside the United States;

\(vii\) Shall be effective only with respect to those obligations set
forth in this clause and in insurance policies, contracts or other proof
of financial protection; and

\(viii\) Shall not apply to, or prejudice the prosecution or defense of,
any claim or portion of claim which is not within the protection
afforded under (A) the limit of liability provisions under subsection
170e. of the Act, and (B) the terms of this agreement and the terms of
insurance policies, contracts, or other proof of financial protection.

\(f\) *Notification and litigation of claims*. The contractor shall give
immediate written notice to DOE of any known action or claim filed or
made against the contractor or other person indemnified for public
liability as defined in paragraph (d)(2). Except as otherwise directed
by DOE, the contractor shall furnish promptly to DOE, copies of all
pertinent papers received by the contractor or filed with respect to
such actions or claims. DOE shall have the right to, and may collaborate
with, the contractor and any other person indemnified in the settlement
or defense of any action or claim and shall have the right to (1)
require the prior approval of DOE for the payment of any claim that DOE
may be required to indemnify hereunder; and (2) appear through the
Attorney General on behalf of the contractor or other person indemnified
in any action brought upon any claim that DOE may be required to
indemnify hereunder, take charge of such action, and settle or defend
any such action. If the settlement or defense of any such action or
claim is undertaken by DOE, the contractor or other person indemnified
shall furnish all reasonable assistance in effecting a settlement or
asserting a defense.

\(g\) *Continuity of DOE obligations*. The obligations of DOE under this
clause shall not be affected by any failure on the part of the
contractor to fulfill its obligation under this contract and shall be
unaffected by the death, disability, or termination of existence of the
contractor, or by the completion, termination or expiration of this
contract.

\(h\) *Effect of other clauses*. The provisions of this clause shall not
be limited in any way by, and shall be interpreted without reference to,
any other clause of this contract, including the clause entitled
Contract Disputes, provided, however, that this clause shall be subject
to the clauses entitled Covenant Against Contingent Fees, and Accounts,
records, and inspection, and any provisions that are later added to this
contract as required by applicable Federal law, including statutes,
executive orders and regulations, to be included in Nuclear Hazards
Indemnity Agreements.

\(i\) *Civil penalties*. The contractor and its subcontractors and
suppliers who are indemnified under the provisions of this clause are
subject to civil penalties, pursuant to 234A of the Act, for violations
of applicable DOE nuclear-safety related rules, regulations, or orders.

\(j\) *Criminal penalties*. Any individual director, officer, or
employee of the contractor or of its subcontractors and suppliers who
are indemnified under the provisions of this clause are subject to
criminal penalties, pursuant to 223(c) of the Act, for knowing and
willful violation of the Atomic Energy Act of 1954, as amended, and
applicable DOE nuclear safety-related rules, regulations or orders which
violation results in, or, if undetected, would have resulted in a
nuclear incident.

\(k\) *Inclusion in subcontracts*. The contractor shall insert this
clause in any subcontract which may involve the risk of public
liability, as that term is defined in the Act and further described in
paragraph (d)(2) above. However, this clause shall not be included in
subcontracts in which the subcontractor is subject to Nuclear Regulatory
Commission (NRC) financial protection requirements under section 170b.
of the Act or NRC agreements of indemnification under section 170c. or
k. of the Act for the activities under the subcontract.

(End of clause)

*NOTE I*: Paragraph (i) of the clause will be replaced with \"Reserved\"
in contracts specifically exempted from civil penalties by section 234
of the Act. That subsection provides that the following DOE contractors
are not subject to the assessment of civil penalties:

\(1\) The University of Chicago (and any subcontractors or suppliers
thereto) for activities associated with Argonne National Laboratory;

\(2\) The University of California (and any subcontractors or suppliers
thereto) for activities associated with Los Alamos National Laboratory,
Lawrence Livermore National Laboratory, and Lawrence Berkeley National
Laboratory;

\(3\) American Telephone and Telegraph Company and its subsidiaries (and
any subcontractors or suppliers thereto) for activities associated with
Sandia National Laboratories;

\(4\) Universities Research Association, Inc. (and any subcontractors or
suppliers thereto) for activities associated with FERMI National
Laboratory:

\(5\) Princeton University (and any subcontractor or suppliers thereto)
for activities associated with Princeton Plasma Physics Laboratory;

\(6\) The Associated Universities, Inc. (and any subcontractors or
suppliers thereto) for activities associated with the Brookhaven
National Laboratory; and\
\
(7) Battelle Memorial Institute (and any subcontractors or suppliers
thereto) for activities associated with Pacific Northwest Laboratory.

(End of note)

**4. Counterintelligence,** LANL 104 (June 2002)

\(a\) The Subcontractor shall take all reasonable precautions in the
work under the subcontract to protect DOE programs, facilities,
technology, personnel, unclassified sensitive information, and
classified matter from foreign intelligence threats and activities
conducted for governmental or industrial purposes, in accordance with
DOE Order 5670.3, Counterintelligence Program; Executive Order 12333,
U.S. Intelligence Activities; and other pertinent national and DOE
Counterintelligence requirements. Copies of, or information relating to,
DOE Counterintelligence Orders and requirements may be obtained from the
Contract Administrator.

\(b\) The Subcontractor shall require its employees to report to the
Contract Administrator any instance in which the employee is targeted by
an intelligence service or agency or becomes aware if suspicious
activity related to requests for information or any other activity which
touches on counterintelligence concerns. The Subcontractor shall
cooperate with the University regarding such matters and shall also
comply with the directions of the Contract Administrator regarding
briefings and debriefings of the Subcontractor's employees traveling to
foreign countries and interacting with foreign nationals.

**5. Environment, Safety, and Health\--Work Planning and Execution,**
LANL 301 (Dec 2003)

(a) For purposes of this clause, the term "employee" includes
    subcontractor employees at any tier.

(b) The Subcontractor shall perform the subcontract work safely, in a
    manner that ensures adequate protection for employees, the public,
    and the environment. The Subcontractor shall exercise a degree of
    care commensurate with the work and the associated hazards. The
    Subcontractor shall ensure that management of environmental, safety,
    and health (ES&H) functions and activities are an integral and
    visible part of the Subcontractor's work planning and execution
    processes. The Subcontractor shall, in the performance of the work,
    ensure that:

1\) Line management is responsible for the protection of employees, the
public, and the environment. Line management includes those employees,
at whatever tier, managing and supervising the work.

2\) Clear and unambiguous lines of authority and responsibility for ES&H
matters are established and maintained.

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

4\) Resources are effectively allocated to address ES&H considerations
and ES&H issues are given priority.

5\) Before work is performed, the associated hazards are evaluated and
ES&H standards and requirements are established for the work, which if
properly implemented, provide adequate protection for employees, the
public, and the environment.

6\) Administrative and engineering controls to prevent injury to
employees and harm to the environment are tailored to the hazards of the
work being performed.

\(c\) In order to accomplish the requirement of paragraph (b) above, the
Subcontractor shall have in place safety management procedures which
assure that

1)  before work is performed, the scope of the work is defined; hazards
    associated with the work are identified and analyzed; and hazard
    controls are developed and implemented; and

2)  during performance, the work is carried out within the controls
    developed and feedback on the adequacy of the controls is provided
    to improve overall safety management.

\(d\) The Subcontractor shall comply with ES&H requirements of all
applicable laws and regulations and with DOE Directives and other
requirements which are identified in the subcontract. The Subcontractor
shall cooperate with federal and state agencies having jurisdiction over
ES&H matters under the subcontract.

\(e\) The Subcontractor shall promptly evaluate and resolve any
noncompliance with applicable ES&H requirements. If the Subcontractor
fails to provide resolution or if, at any time, the Subcontractor'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
Contract Administrator may issue an order stopping work in whole or in
part. Any stop work order issued by the Contract Administrator under
this clause (or issued by the Subcontractor to a lower-tier
subcontractor) shall be without prejudice to any other legal or
contractual rights of the University. In the event that the Contract
Administrator issues a stop work order, an order authorizing the
resumption of the work may be issued at the discretion of the Contract
Administrator. The Subcontractor shall not be entitled to an extension
of time or additional fee, costs, or damages by reason of, or in
connection with, any work stoppage ordered in accordance with this
clause.

\(f\) Regardless of the performer of the work, the Subcontractor is
responsible for compliance with ES&H requirements applicable to the
work.

\(g\) The Subcontractor shall include a clause substantially the same as
this clause in subcontracts under the subcontract for work on site. The
Subcontractor is responsible for flowing down to its subcontractors any
other requirements of the subcontract related to ES&H matters to the
extent necessary to ensure subcontractors' compliance with such
requirements.

**6. Indemnification and Hold Harmless,** LANL 302 (Jun 2002)

(a) The Subcontractor shall indemnify the University, the Government,
    and their agents and employees and shall hold them harmless from all
    claims and demands arising out of the Subcontractor's, or any of its
    lower-tier subcontractors' performance of the subcontract, to which
    the University, the Government, or their agents or employees may be
    subject by reason of any act, action, neglect, or omission on the
    part of the Subcontractor, any of its lower-tier subcontractors, or
    their respective officers, agents, or employees; provided, however,
    where such claims and demands result from the negligence or willful
    misconduct of the University or its other subcontractors, or their
    respective employees, the Subcontractor's liability for such claims
    and demands shall be in proportion to its and its lower-tier
    subcontractors' share of fault in the events giving rise to the
    claim or demand.

(b) The Subcontractor shall promptly notify the University in writing of
    any claim or demand related to performance of the subcontract that
    the Subcontractor becomes aware of. The Subcontractor shall
    cooperate with the University in the defense of claims and demands
    described in this clause.

**7. Control and Removal of Subcontractor Employees Working on Site,**
LANL 303 (Oct 2003)

(a) The Subcontractor shall be responsible for maintaining satisfactory
    standards of employee competency, conduct, integrity, and compliance
    with subcontract requirements including site-specific requirements.
    Should the Contract Administrator determine that an employee of the
    Subcontractor or its lower-tier subcontractors fails to meet any of
    these standards, the Subcontractor shall immediately remove such
    person from the work site, and that person shall not again, without
    written permission of the Contract Administrator, be allowed back on
    the work site.

(b) The University, in its sole discretion, may temporarily or
    permanently bar from the work site and any location at the
    Laboratory any employee of the Subcontractor or its lower-tier
    subcontractors who does not work in a safe manner, as demonstrated
    either by repeated violations or a single serious violation of
    safety requirements applicable to the subcontract work.

\(c\) The Subcontractor will not be compensated for any costs resulting
from its removal of employees from the work site or from the University
barring an employee form the work site and the Laboratory.

\(d\) The Subcontractor shall include this clause, including this
paragraph (d) in all lower-tier subcontracts which require work to be
performed at LANL.

## 8. Compliance with Laboratory Site Health and Safety Requirements, LANL 304) (Jan 2005)

(a) The Subcontractor shall comply and shall be responsible for the
    compliance of its lower-tier subcontractors with all DOE/NNSA and
    Laboratory health and safety requirements, including reporting
    requirements, and with the regulations and standards of the
    Occupational Safety and Health Administration (OSHA). In addition
    the Subcontractor shall require its employees and the employees of
    its lower-tier subcontractors to comply with Los Alamos National
    Laboratory Administrative Manual (AM) 110, Substance Abuse to the
    same extent as University employees.

```{=html}
<!-- -->
```
(a) If requested by the Contract Administrator, the Subcontractor shall
    submit a safety management program and implementation plan to the
    Contract Administrator for review and approval. Such program and
    plan, if required, shall be submitted within 25 days of the
    effective date of the subcontract.

(b) Failure of the Subcontractor to comply with the health and safety
    requirements identified in this clause and other clauses of the
    Subcontract or with any corrective action directed by the Contract
    Administrator to achieve compliance with such requirements shall be
    cause for the Contract Administrator, in his/her sole discretion, to
    suspend work under the General Provision entitled *Environment,
    Safety, and Health---Work Planning and Execution,* or to terminate
    the subcontract for default under the General Provision entitled
    *Default.* A suspension of the subcontract work or a termination of
    the subcontract for failure to comply with health and safety
    requirements will be considered in determining whether the
    Subcontractor, or any of its lower-tier subcontractors whose actions
    led to the suspension or default termination, is a responsible
    bidder or offeror for any subsequent subcontract with the
    University.

**9. Permits and Responsibilities and Laws, Regulations, and DOE
Directives,** LANL 305 (Jun 2002)

(a) The Subcontractor shall, without additional expense to the
    University, be responsible for obtaining any necessary licenses and
    permits; for complying with any Federal, State, and local laws and
    regulations applicable to the performance of the work; and for the
    compliance of its lower-tier subcontractors with such laws and
    regulations.

(b) The Subcontractor shall be responsible for all damages to persons
    and property that occur as a result of the Subcontractor's fault or
    negligence, and for indemnifying the University and the Government
    against claims arising from such damage as described in the clause
    of this Subcontract entitled *Indemnification and Hold Harmless.*

(c) The Subcontractor shall be responsible for all materials delivered
    and work performed until completion and acceptance of the entire
    work, except for any completed unit of work which may have been
    accepted under the subcontract.

(d) The Subcontractor shall be responsible for compliance with the
    requirements of all DOE Directives, compliance with which is
    required by other provisions of these General Provisions, and with
    those DOE Directives, if any, which are listed in the Supplemental
    Provisions and made applicable to the subcontract. Copies of all
    such DOE Directives may be obtained from the Contract Administrator.

**10. Insurance\--Cost Reimbursement Subcontracts,** LANL 306 (Oct 2004)

\(a\) The Subcontractor shall provide and maintain during the entire
period of performance of the subcontract insurance in amounts sufficient
to cover the perils to which the Subcontractor is exposed and to protect
the University's and the Government's interests, but, in no event less
than the kinds and minimum amounts of insurance required by this clause.
The Subcontractor's liability is not limited by the kinds and minimum
amounts of insurance required by this clause.

\(b\) Before commencing the subcontract work, the Subcontractor shall
provide the Contract Administrator a copy of certificates or policies of
insurance required by this clause. With the exception of the Workers\'
Compensation and Occupational Disease policy or policies and the
Employer\'s Liability policy, each policy shall name the University and
the Government as additional insureds and shall contain an endorsement
to the effect that any cancellation or any material change adversely
affecting the University's or the Government's interests shall not be
effective\--

\(1\) For such period as the laws of the State in which this subcontract
is to be performed prescribe; or

\(2\) Until 30 days after the insurer or the Subcontractor gives written
notice to the Contract Administrator, which ever period is longer.

\(c\) The Subcontractor shall insert the substance of this clause,
including this paragraph (c), in lower-tier cost-reimbursement
subcontracts under this subcontract. The Subcontractor shall maintain
copies of all subcontractors' proofs of required insurance and shall
provide copies to the Contract Administrator upon request.

\(d\) The following kinds and minimum coverage limits of insurance are
required:

\(1\) *Workers' Compensation and Occupational Disease* coverage as
required by Federal and State law;

\(2\) *Employer's Liability* insurance of at least \$100,000, except in
States with exclusive or monopolistic funds that do not permit workers'
compensation to be written by private carriers;

\(3\) *General Liability* insurance for bodily injury written on a
comprehensive form of policy of at least \$500,000 per occurrence;

\(4\) *Automobile Liability* insurance written on a comprehensive form
of policy providing for coverage of \$200,000 per person and \$500,000
per occurrence for bodily injury and of \$20,000 per occurrence for
property damage in connection with the operation of all automobiles used
in connection with subcontract performance.

\(e\) Paragraph (5) below applies if aircraft will be used in
subcontract performance.

\(5\) *Aircraft Public and Passenger Liability* insurance providing
coverage of at least \$200,000 per person and \$500,000 per occurrence
for bodily injury, other than passenger liability; and \$200,000 per
occurrence for property damage; and coverage of at least \$200,000
multiplied by the number of seats or passenger, whichever is greater,
for passenger bodily injury.

# 11. On-Site Use of Radioactive Devices, LANL 308 (Jun 2002)

No radioactive material may be used or stored at the work site unless
approved in advance in writing by the Contract Administrator.

12\. Liability for Fines and Penalties, LANL 309 (Jun 2002)

The Subcontractor shall be responsible, at no expense to the University,
for the payment of all fines, penalties, and other assessments imposed
as a result of the Subcontractor's performance of the subcontract work.
If the fine, penalty, or other assessment results in part from the
actions or failure to act of the University or its employees, the
University will be responsible for its *pro rata* share of such fine,
penalty, or assessment. If, for any reason, the University is required
to pay the fine, penalty, or other assessment for which the
Subcontractor is liable under this clause, the subcontract price shall
be reduced by the amount of such fine, penalty, or other assessment.

**13. Security Procedures,** LANL 310 (Nov 2002)

(a) [Badges Required for Work on Site.]{.underline} All employees of the
    Subcontractor and its lower-tier subcontractors, who will be
    assigned to work on site at LANL, (for purposes of this clause,
    hereinafter called "Subcontract Workers") must obtain a badge issued
    by LANL. Badges will be Uncleared, L Cleared, or Q Cleared, as
    appropriate for the type of work and the location of work of the
    Subcontract Worker. Unless otherwise provided in this clause, the
    Subcontractor shall make requests for badges through the Contract
    Administrator or the Technical Representative, if any, for this
    subcontract.

(b) [Final Payment and Disposition of Badges.]{.underline} All badges
    issued by LANL are the property of the Government. The Subcontractor
    is responsible for all badges issued to Subcontract Workers for the
    subcontract. Whenever the work under the subcontract requires the
    issuance of badges of any kind, the Contract Administrator may
    withhold final payment to the Subcontractor until all such badges
    are returned or otherwise disposed of as described in this clause or
    as directed by the Contract Administrator.

(c) [Non-U.S. Citizens on the Work Site]{.underline}. The Subcontractor
    shall take effective measures to determine the citizenship of all
    Subcontract Workers and shall not permit persons who are not United
    States citizens to enter such sites except as provided in this
    clause. If the Subcontractor intends to employ non-U.S. citizens,
    the Subcontractor must comply with DOE and LANL Foreign Visits and
    Assignments procedures and obtain approval for such individuals to
    enter the work site pursuant to those procedures. Copies of the
    requirements and procedures associated with Foreign Visits and
    Assignments may be obtained from the Contract Administrator. There
    is no assurance the University will grant any particular request for
    access by a non-U.S. citizen pursuant to these procedures. The
    presence of non-U.S. citizens on the work site without appropriate
    approval could result in termination of the subcontract.

(d) [Name, Address, and Citizenship of Subcontract Workers.]{.underline}
    The Subcontractor shall provide, upon request by the Contract
    Administrator, the name of any Subcontract Worker together with the
    individual's address and citizenship.

(e) [Actions Affecting Security Fences.]{.underline} Whenever the
    subcontract specifications require any digging of holes under
    security fencing, cutting or removing of security fencing, altering
    of gates or otherwise providing access into security areas by means
    other than established access points, the Subcontractor shall carry
    out such actions only in the presence of a Protective Force Security
    Inspector and only after obtaining approval from the Contract
    Administrator 48 hours in advance. At the end of each work day, the
    Subcontractor shall repair, replace, or provide adequate barriers to
    preclude unauthorized entry into Security Areas through the holes
    dug or cuts in security fences or through modified gates or other
    alteration of the security perimeters. Such barriers shall be
    inspected and approved by the Contract Administrator. The
    Subcontractor shall make arrangements through the Contract
    Administrator to assure that a LANL Protective Force Security
    Inspector is on site to guard any temporary opening during the
    workday.

(f) [Persons and Personal Property Subject to Search.]{.underline} All
    persons, vehicles, parcels, etc., are subject to search when
    entering or leaving any posted Government property at LANL.

\(g\) [Access to Areas Requiring "L" or "Q" Clearances.]{.underline}

> 1\) Prior to commencing work, the Subcontractor shall meet with
> University security representatives to review security measures that
> apply to the subcontract work and Subcontract Workers.
>
> 2\) All Subcontract Workers must be U.S. citizens and must possess DOE
> "L" or "Q" access authorizations or have been issued an "Escort
> Required" badge and be escorted at all times while within the area by
> a person possessing a DOE "Q" or "L"' access authorization.

3)  Escorts for entry of uncleared Subcontract Workers into security
    areas shall be arranged with the Contract Administrator. Payment for
    escort services shall be the responsibility of the Subcontractor.

4)  The number of escorts required for a given project shall be based on
    the number of uncleared personnel working within an area and the
    capability for visual contact with all uncleared personnel at all
    times by the escort or escorts. A general rule of thumb is that an
    escort can act as escort for a maximum of 4 or 5 people who require
    escorting.

5)  Vehicles driven by uncleared drivers delivering construction
    materials or other supplies will be permitted to enter Security
    Areas provided they have been issued an "Escort Required" badge and
    are under escort of personnel possessing "Q" or "L" access
    authorization as appropriate for the delivery site.

6)  Procedures and policies for Escort-Required Badges can be found in
    Security and Safeguards Division Notice 0088 at
    <http://lln.lanl.gov/notice/notice0088.pdf> . The Contract
    Administrator will provide a hard copy of this Notice upon request
    by the Subcontractor.

\(h\) ["L" or "Q" Clearance Process and Badging.]{.underline}

> 1\) Prior to the issuance of "L" or "Q" badges to Subcontract Worker,
> the Subcontractor shall have submitted and obtained a favorable
> Foreign Ownership, Control, or Influence (FOCI) determination.
>
> 2\) For each Subcontract Worker to be processed for an "L" or "Q"
> access authorization, the following information shall be provided:
>
> a\) Completed *Personnel Security Questionnaire* (Form SF-86), Parts I
> and II.
>
> b\) One *Security Acknowledgment* (DOE F-5631.18).
>
> c\) Two Fingerprint Cards (FD-258).
>
> d\) If the Subcontract Worker is a military veteran, one copy of
> *Separation from Military Service* (DD Form 214) or other acceptable
> evidence of military service.
>
> e\) *Authority for Release* *of Information* (DOE F-5637.1).
>
> f\) Two *Fair Credit Release Act* forms
>
> g\) Other forms as required by DOE
>
> 3\) If a clearance is granted, the cleared Subcontract Worker shall
> attend an indoctrination security lecture at the LANL Badge Office
> before issuance of a badge. Badges will be valid for the duration of
> the Subcontract or the duration of employment, whichever is shorter.
>
> 4\) All personnel shall display security badges on their outer
> clothing above the waistline while in Security Areas and shall remain
> within their assigned work areas.

(i) [Time and Cost of Complying with Security Requirements.]{.underline}
    The requirements for securing eligible personnel and proper
    personnel security clearances for work within "L" and "Q" clearance
    areas and for complying with other security regulations and
    procedures shall not be considered cause for an extension of time
    for performance of the Subcontract work or for extra payments under
    the Subcontract. The cost of processing DOE "Q" or "L" access
    authorizations, however, will be borne by the Government.

\(j\) [Responsibility for Protection of Property.]{.underline}
Notwithstanding the fact that the subcontract work is being performed
within a DOE-posted area, a "Q" Cleared Area, or an "L" Cleared area,
the Subcontractor shall be responsible for protection of property
associated with the subcontract work.

\(k\) [Security Termination Process]{.underline}. The Subcontractor
shall conduct, or have conducted by its lower-tier subcontractors, for
each Subcontract Worker who has been issued a cleared badge, a Security
Termination Briefing, shall obtain a Security Termination Statement, DOE
Form 5631.29, and shall make the disposition of badges as indicated in
the figure below . Such actions shall be carried out within 2 working
days of an event described in the first column of the figure below.

+------------------+-------------------------+-------------------------+
| # Event          | **Do Termination        | # Return These Badges\* |
|                  | Briefing & Submit DOE   |                         |
|                  | Form 5631.29\* for**    |                         |
+------------------+-------------------------+-------------------------+
| Terminate        | Individual Subcontract  | Individual's, whether   |
| Employment       | Worker                  | cleared or uncleared,   |
|                  |                         | including expired       |
+------------------+-------------------------+-------------------------+
| Transfer         | Individual Subcontract  | Individual's, whether   |
| individual from  | Worker                  | cleared or uncleared,   |
| Subcontract      |                         | including expired       |
+------------------+-------------------------+-------------------------+
| Clearance no     | All Subcontract Workers | All cleared badges,     |
| longer required  |                         | including expired       |
+------------------+-------------------------+-------------------------+
| FOCI approval    | All Subcontract Workers | All cleared badges,     |
| withdrawn        |                         | including expired       |
+------------------+-------------------------+-------------------------+
| Subcontract      | All Subcontract Workers | All badges, whether     |
| comp             |                         | cleared or uncleared,   |
| leted/terminated |                         | including expired       |
+------------------+-------------------------+-------------------------+

\*DOE Form 5631.29 shall be submitted and all badges retrieved from
Subcontract Workers as described in the figure above shall be turned in
at the LANL Clearance Processing Office.

\(l\) [Lost or Stolen Badges]{.underline}. If a badge is lost, the
Subcontractor shall ensure that the individual badge holder comes to the
Badge Office and files a written affidavit of such, using a Notification
of Permanent Inactivation of Badge form (Laboratory Form 1672, or as
amended or superceded), in order to obtain a replacement badge. If a
badge is stolen, the individual badge holder must file Laboratory Form
1672 as above and also report the theft to the Contract Administrator.

**14. Operations Security** **Program,** LANL 311 (Jun 2002)

The Subcontractor shall implement and sustain a DOE Operations Security
(OPSEC) Program in accordance with the provisions of the LANL manual
entitled "Operations Security Program Guidance for LANL Subcontractors."
The Subcontractor may obtain copies of this manual from the Contract
Administrator.

**15. Certification Regarding Former University Employees,** LANL 315
(Oct 2004)

\(a\) University policy requires University employees who retire under
the University of California Retirement System (UCRS) to have a true and
complete severance from the University before returning to work at the
Laboratory. Ordinarily, unless otherwise approved by the Contract
Administrator, this requires that (i) there was no discussion or prior

agreement between the Subcontractor and the retiring University employee
about returning to work earlier than 30 days after the date of
termination, and (ii) at least ninety (90) days have elapsed since the
date of termination. University policy also prohibits University
employees and employees of University subcontractors under a Laboratory
subcontract, who

have been terminated for cause or who have resigned in lieu of
termination for cause, from returning to work at the Laboratory for a
period of seven years after such termination or resignation. The phrase
\"returning to

work at the Laboratory\" within the context of these policies includes
work as a subcontractor employee under this subcontract, and the term
\"subcontractor\" as used in this clause means subcontractor at any
tier.

\(b\) In order to assure that these policies are complied with, the
Subcontractor must, with respect to its employees who are assigned to
work at the Laboratory, certify that it has not hired to work at the
Laboratory any employees who are not eligible to work at the Laboratory
under the above-described policies. Such certification must be provided
in writing

to the Contract Administrator before the start of work under the
subcontract and, thereafter, on a quarterly basis.

\(c\) In making this certification the Subcontractor may rely on
information provided by its applicants for employment or its employees.
The following information must be obtained in connection with the
certification: name of the Individual; whether the Individual is a
former employee of the University or of a University subcontractor under
a Laboratory subcontract, and if so, the date of separation; whether the
Individual is a member of UCRS; and whether the separation was the
result of retirement, termination, or resignation in lieu of
termination.

\(d\) The Subcontractor shall include this clause, including this
paragraph (d), in all lower-tier subcontracts awarded pursuant to this
subcontract for work to be performed at the Laboratory.

**The following clause applies if work is performed in a radiation
control area:**

16\. Special Radiological Conditions, LANL 312 (Sep 2004)

All work which is performed or scheduled to be performed by the
Subcontractor within a radiation control area shall be in accordance
with the provisions of this clause.

\(a\) [Compliance with Procedures]{.underline}

The Subcontractor shall ensure that all persons under its control comply
with the regulations and procedures pertaining to control of radiation
and/or contamination which are set out or provided for herein or in
other provisions of the subcontract.

\(b\) [Allowable Exposure Limits]{.underline}

\(1\) It is expected that each individual will be permitted to work in a
radiation control area a minimum of forty (40) hours during any seven
(7) consecutive days without exceeding the established permissible
limits of radiation as specified in DOE Order 5480.11. The Subcontractor
shall manage the work to insure the limit is not exceeded. The
Subcontractor shall be responsible for keeping records of each
employee's current radiation exposure status before assigning an
employee to work in a radiation control area and for controlling each of
its employees' exposure to ionizing radiation below1.5 rem per calendar
year.

\(2\) Individuals under 18 years of age shall be excluded from radiation
control areas.

In any case where the external exposure status of an individual becomes
uncertain, or when administrative controls have been exceeded due to an
unplanned amount of radiation dose, the individual(s) involved shall be
prohibited from further radiation work.

\(3\) All exposures to radiation shall be maintained as low as
reasonably achievable.

\(c\) [Modification of Requirements for Radiation Control
Areas]{.underline}

If the type or amount of radioactive material encountered is different
than expected, the University may modify or change subcontract
requirements pertaining to radiation exposure limits, boundaries,
permissible exposure rates, protective clothing, and exposure time of
personnel.

\(d\) [Suspension of Work]{.underline}

\(1\) The University may require suspension of all or part of the work
in progress if unfavorable radiation control practices or conditions are
detected, such as the following:

-   Potential of contamination resulting from excessive winds or
    uncovering of surface contamination.

-   Increase of working personnel dose rates above anticipated levels
    resulting from inadequate control of process control factors or
    other unanticipated problems beyond the control and without the
    fault or negligence of the Subcontractor.

-   Noncompliance with Radiation Controls/Procedures or potential of
    contamination resulting from poor work practices by the
    Subcontractor.

\(2\) Work will not be resumed until a satisfactory resolution is
determined by the Contract Administrator after consultation with the
Subcontractor and Laboratory radiation control representatives.

\(3\) If the conditions requiring such suspension of work are beyond the
control and without the fault or negligence of the Subcontractor and
such conditions cause an increase or decrease in the Subcontractor's
cost of or time required for performance of the work, an equitable
adjustment shall be made in accordance with the *Stop-Work Order* or
*Suspension of Work* clause of the subcontract.

\(e\) [Radiological Training and Medical Examination]{.underline}

\(1\) The Subcontractor shall require all persons under its control to
attend an orientation session prior to their initial entry into a
radiation control area. The Subcontractor shall require all personnel to
attend daily safety briefings (approximately 15 minutes) prior to start
of each day's work.

\(2\) The Subcontractor shall obtain a medical clearance for each
employee required to use a respirator prior to the employee\'s training
in the proper use of a respirator, prior to fitting the employee for a
respirator and prior to the employee\'s first entry into a radiation
control area when a respirator is required; and the Subcontractor shall
further obtain such follow up medical clearances as may be required by
the Contract Administrator. OSHA Respirator Medical Evaluation
Questionnaires are available from OSHA or from the Contract
Administrator.

\(3\) All time spent by Subcontractor's employees in orientation,
radiation training and medical examinations shall be at the expense of
the Subcontractor.

\(4\) The Subcontractor understands the significant time required to
perform necessary radiation protection steps for working in radiation
control areas. Examples of some of the time requirements follow:

-   Respirator fitting, approximately 2 hours per person.

-   Protective clothing and/or equipment donning, approximately 1 to 2
    hours per day.

-   Radiation protection orientation, up to 4 hours per session.

\(5\) All personnel working in radiation control areas where respiratory
protection is required, or may be required, and all personnel required
to be fitted for respiratory protection shall remove facial hair prior
to beginning work in the radiation control area or appearing for fitting
of the respiratory protection.

\(f\) [Control of Personnel Entering a Radiation Control
Area]{.underline}

\(1\) Unless otherwise directed by the University, the Subcontractor
shall not permit any person under its control to enter a radiation
control area unless a University representative is present to specify
the protective clothing and radiation instruments to be used, to provide
radiation monitoring services, and to provide any other necessary
service with respect to control of radiation and/or contamination.

\(2\) The Subcontractor shall have and maintain a daily log of all work
in a radiation control area. The log shall include a description of the
work item and the names of personnel assigned to each work item. The log
shall be made available to the Contractor Administrator upon request.
The Subcontractor shall provide the name, social security number and
previous radiation exposure history for each person prior to assignment
to work in a radiation control area.

\(g\) [Use of Protective Clothing, Respiratory Equipment, and
Dosimeters]{.underline}

\(1\) All persons working in or entering a radiation control area will
be required to wear protective clothing. Removal of outer personal
clothing may be required.

\(2\) Personal items normally worn and/or carried in clothing pockets
shall be removed prior to entering/working in the radiation control
area. These items include watches, rings, jewelry, keys, knives, etc.

\(3\) All persons will be required to carry, in the Laboratory
prescribed manner, dosimeters while within the radiation control area.
[Note]{.underline}: Dosimeters shall be exchanged on a [monthly
basis]{.underline}. The Subcontractor's shall ensure that its employees
cooperate with the University in the exchange of dosimeters and the
weekly gamma pencil dosimeter readings, if needed.

\(4\) The Contract Administrator will determine the requirements for and
provide all necessary protective clothing and equipment for proper
respiratory protection in a radiation control area.

\(h\) [Control of Personal Habits]{.underline}

The Subcontractor shall require all persons under its control to comply
with the regulations forbidding employees to eat, drink, smoke, or
perform any act involving the transfer of any item from the hands to the
body while within a Radiation Control Area. Personnel will be allowed to
smoke, drink, and use toilet facilities in a designated area only upon
the removal of the outer layer of protective clothing (if two layers of
protective clothing are required) and completion of a radiation survey
for possible contamination. Personnel will not be allowed to eat food of
any type within the Radiation Control Area. Food may be consumed outside
of the Radiation Control Area only after complete removal of
[ALL]{.underline} protective clothing and the completion of a radiation
survey for possible contamination.

\(j\) [Temporary Support Facilities]{.underline}

The Subcontractor shall locate its offices, latrines, lunchroom, and all
other facilities not essential for work within a radiation control area,
in areas designated or approved by the Contract Administrator outside of
the radiation control area.

\(j\) [Control of Personnel Leaving Radiation Control Area]{.underline}

The University will survey all persons leaving a radiation control area
for possible contamination. This survey will require approximately one
(1) to five (5) minutes per person per exit. The University will
periodically survey all subcontractor personnel for possible
contamination whether or not a radiation control area is established
within the Subcontractor's work area. Any decontamination services
required will be performed by the University. The Subcontractor shall
require all subcontractor personnel assigned to work in a radiation
control area to submit to bioassay sampling, or participate in necessary
tests, as directed by the Contract Administrator. Samples will be taken
and testing will be performed by the Laboratory. The bioassay programs
or tests may include, but not be limited to, urine samples, nose swipes,
and whole body count.

\(k\) [Decontamination of Individuals]{.underline}

Should contamination be detected on a person being surveyed, the
individual will be properly decontaminated. All decisions regarding
extent of contamination and control measures to be applied will be made
by the University.

\(l\) [Disposition of Contaminated Personal Property]{.underline}

\(1\) The Subcontractor agrees to submit to the University for survey
and decontamination, if necessary, and for destruction or other disposal
if the University should determine that decontamination is
impracticable, any equipment, tools, or other personal property brought
into the radiation control area by the Subcontractor, its employees, and
any lower-tier subcontractor and its employees.

\(2\) The necessary survey for detection of contamination will be
performed immediately prior to the removal of any property from a
radiation control area and may also be performed before the movement of
any such property from any location within LANL.

3.  An equitable adjustment, excluding profit, in the subcontract price
    will be made for all work performed by the Subcontractor, at the
    direction of the University, in connection with decontamination of
    equipment. An equitable adjustment will also be made in the
    subcontract price for any personal property of the Subcontractor,
    its employees, and any lower-tier subcontractor and its employees,
    destroyed or damaged as a result of contamination not due to their
    fault or negligence.