923.7003 Contract clauses.

(a) A decision to include or not include environmental, safety and health clauses in DOE contracts

shall be made by the contracting officer in consultation with appropriate Office of Health, Safety and

Security personnel.

(b) When work is to be performed at a facility where the DOE will exercise its statutory authority to

enforce occupational safety and health standards applicable to the working conditions of the

contractor and subcontractor employees at such facility, the clause at 952.223-71, Integration of

Environment, Safety, and Health into Work Planning and Execution, shall be used in such contract

or subcontract if conditions (b)

(1) through (3), are satisfied -

(1) DOE work is segregated from the contractor's or subcontractor's other work;

(2) The operation is of sufficient size to support its own safety and health services; and

(3) The facility is government-owned, or leased by or for the account of the government.

(c) In facilities not meeting the requirements of paragraph (b) of this section and which are a

production or utilization facility where there is use or possession of source, special nuclear, or

byproduct materials, DOE policy is not to enforce radiological safety and health standards pursuant

to the contract or subcontract but rather to rely upon Nuclear Regulatory Commission (NRC)

licensing requirements (including agreements with States under section 274 of the Atomic Energy

Act). Pursuant to this policy, neither the clause found at 952.223-71, Integration of Environment,

Safety, and Health into Work Planning and Execution, nor 952.223-72, Radiation Protection and

Nuclear Criticality, is to be incorporated in the contracts or subcontracts for work at such facilities.

Notwithstanding this general policy with respect to facilities not meeting the requirements of

paragraph (b) of this section, the Secretary or his designee may determine in special cases, that

DOE needs to enforce radiological safety and health standards pursuant to the contract or

subcontract (see paragraph (d) of this section). When such a determination is made, the clause found

at 952.223-72, Radiation Protection and Nuclear Criticality, shall be included in the contract or

subcontract.

(d) In facilities not meeting the requirements of paragraph (b) or (c) of this section and where there

is a machine capable of producing ionizing radiation, it is DOE policy not to regulate such activity

where it is adequately regulated by a State or other Federal agency. In such cases, neither clause

952.223-71, Integration of Environment, Safety, and Health into Work Planning and Execution, nor

952.223-72, Radiation Protection and Nuclear Criticality, shall be incorporated in the contract.

Where the contracting officer, with appropriate environmental, safety and health advice determines

that no State or other Federal agency exists to adequately regulate the operation and/or use of such

machines, the clause found at 952.223-72, Radiation Protection and Nuclear Criticality, shall be

included in the contract. The Assistant Secretary for Health, Safety and Security (or designee) shall

be consulted to determine if a non-agreement State or a facility located in a non-agreement State

has been reviewed by any other DOE office to establish that the State agency has the essential

authority and resources for enforcing the radiation protection standards. This is to assure

reasonable consistency in the assessment of radiation protection in non-agreement States and

subsequent use of 952.223-72.
(e) In a situation where the contractor or subcontractor is performing DOE work at more than one

location, inclusion of either, or both, 952.223-71, Integration of Environment, Safety, and Health into

Work Planning and Execution, and 952.223-72, Radiation Protection and Nuclear Criticality, may be

appropriate. In such cases, the contract or subcontract must include language to specify the extent

of applicability of each clause used. For example, with a parenthetical: (Applicable only to work

performed at a contractor site which has 952.223-71 or 952.223-72 clause in its contract or

subcontract).

(f) Except as prescribed in 970.1504-8(c), the contracting officer shall insert the clause at

952.223-76, Conditional Payment of Fee or Profit - Safeguarding Restricted Data and Other

Classified Information and Protection of Worker Safety and Health, in all contracts that contain both

the clause at 952.204-2, Security Requirements, and the clause at 952.250-70, Nuclear Hazards

Indemnity Agreement.

(g) Except as prescribed in 970.1504-8(c), the contracting officer shall insert the clause at

952.223-77, Conditional Payment of Fee or Profit - Protection of Worker Safety and Health, in all

contracts that do not contain the clause at 952.204-2, Security Requirements, but that do contain

the clause at 952.250-70, Nuclear Hazards Indemnity Agreement.

(h) The contracting officer shall insert the clause at 952.223-75, Preservation of Individual

Occupational Radiation Exposure Records, in contracts containing 952.223-71, Integration of

Environment, Safety, and Health into Work Planning and Execution, or 952.223-72, Radiation

Protection and Nuclear Criticality.

Parent topic: Subpart 923.70 - Environmental, Energy and Water Efficiency, Renewable Energy

Technologies, and Occupational Safety Programs