(a) The University will comply with applicable environmental laws, including laws, codes, ordinances, and regulations of the United States, a state or territory, municipality or other political subdivision, and Executive Orders, and with DOE directives identified and agreed upon pursuant to Article XV, Clause 3, "Procedure for Treatment of Prospective DOE Directives and Extant DOE Orders," of this contract.
(b) The University will with regard to these environmental laws and directives, provide for the inclusion of the following in the performance measures embodied in Appendix F, Part A:
(2) Identify and inform the Contracting Officer in writing of any inconsistencies among these laws and directives which would affect or preclude the University's ability to perform its work; and, in conjunction with the Contracting Officer, bring such inconsistencies to the attention of the concerned regulatory agency (together with any approved action plans for dealing with such inconsistencies); and
(3) Include appropriate consideration of such laws and directives in planning activities performed under this contract.
(c) The University shall set forth appropriate environmental protection requirements in subcontracts with respect to work to be performed on-site at a DOE-owned or leased facility. The University shall submit for approval to the DOE, through the Contracting Officer, its policies, procedures, and directives in subcontracts with respect to work to be performed on site at a DOE owned or leased facility.
(d) The subcontract provisions shall provide that no claim shall be made for adjustment in the subcontract amount for the performance schedule or for damages, by reason of a stop work order issued for failure to comply with environmental protection directives of DOE, pursuant to the provisions of Article XV, Clause 3. The approved subcontract provisions shall be included in subcontracts as appropriate.
(a) The University shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of employees and members of the public and shall comply with all applicable safety and health laws, and, pursuant to the provisions of Article XV, Clause 3, "Procedure for Treatment of Prospective DOE Directives and Extant DOE Orders," with applicable DOE directives including reporting requirements. The Contracting Officer shall notify the University, in writing, of any noncompliance with the provisions of this paragraph (a) and the corrective action to be taken. After the receipt of such notice, the University will immediately take appropriate corrective action and, where applicable, will develop an implementation plan for submission to the Contracting Officer which will describe the actions required to achieve full compliance. In the event that the University fails to comply with said directives of DOE which have been accepted as contract modifications pursuant to the provisions of Article XV, Clause 3, the Contracting Officer may, without prejudice to any other legal or contractual rights of DOE, issue an order stopping all or any part of the work; thereafter, a start order for resumption of the work may be issued at the discretion of the Contracting Officer.
(b) The University shall submit for approval to the DOE, through the Contracting Officer, its policies, procedures and provisions for including appropriate safety and health laws and DOE directives, pursuant to the provisions of Article XV, Clause 3, including reporting requirements, in subcontracts with respect to work to be performed on-site at a DOE-owned or DOE-leased facility. The safety and health requirements shall be in accordance with applicable DOE directives as treated in Article XV, Clause 3. The subcontract provisions shall provide that no claim shall be made for adjustment in the subcontract amount for the performance schedule or for damages, by reason of a stop work order issued for failure to comply with safety and health directives of DOE, pursuant to the provisions of Article XV, Clause 3. The approved subcontract provisions shall be included in subcontracts as appropriate.
(c) The University shall develop, implement, and maintain a Safety and Health Manual(s) which describes the University's program for implementing applicable safety and health laws and DOE requirements, and shall provide DOE copies of the manual(s) and any changes to said manual(s).
(a) "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. [[section]] 7401, et seq.).
"Clean air standards," as used in this clause, meanss
(2) An applicable implementation plan as described in section 110(d) of the Air Act (42 U.S.C. [[section]] 7410(d));
(3) An approved implementation procedure or plan under section 111(c) or section 111(d) of the Air Act (42 U.S.C. [[section]] 7411(c) or (d)); or
(4) An approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. [[section]] 7412(d)).
"Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the EPA or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. [[section]] 1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. [[section]] 1317).
"Compliance," as used in this clause. means compliance with
(2) A schedule or plan ordered or approved by a court of competent jurisdiction, the EPA, or an air or water pollution control agency under the requirements of the Air Act or Water Act and related regulations.
"Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a University or subcontractor, used in the performance of a contract or subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the EPA determines that independent facilities are collocated in one geographical area.
"Water Act," as used in this clause, means Clean Water Act (33 U.S.C. [[section]] 1251 et seq.).
(b) The University agrees
(2) That no portion of the work required by this prime contract will be performed in a facility listed on the EPA List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing;
(3) To use best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and
(4) To insert the substance of this clause into any nonexempt subcontract, including this subparagraph (b)(4).
(a) The University agrees to submit a Material Safety Data Sheet (Department of Labor Form OSHA-20), as prescribed in Federal Standard No. 313B, for all hazardous material, whether or not listed in Appendix A to that Standard. This obligation applies to all materials delivered under this contract which will involve exposure to hazardous materials or items containing these materials.
(b) "Hazardous material," as used in this clause, is as defined in Federal Standard No. 313B, in effect on the date of this contract.
(c) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the University of any responsibility or liability for the safety of Government, University, or subcontractor personnel or property.
(d) Nothing contained in this clause shall relieve the University from complying with applicable Federal, state, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(e) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (e)(1) above, in precedence over any other clause of this contract providing for rights in data.
(3) That the Government is not precluded from using similar or identical data acquired from other sources.
(4) That the data shall not be duplicated, disclosed, or released outside the Government, in whole or in part for any acquisition or manufacturing purpose, if the following legend is marked on each piece of data to which this clause applies
"This is furnished under United States Government Contract No. DE-AC03-76SF00098 and shall not be used, duplicated, or disclosed for any acquisition or manufacturing purpose without the permission of ... This legend shall be marked on any reproduction of this data."
(End of legend)
(5) That the University shall not place the legend or any other restrictive legend on any data which (i) the University or any subcontractor previously delivered to the Government without limitations or (ii) should be delivered without limitations under the conditions specified in the Federal Acquisition Regulation in the clause at 52.227-14, Rights in Data s General.
(f) The University shall insert this clause, including this paragraph (f), with appropriate changes in the designation of the parties, in subcontracts at any tier (including purchase designations or purchase orders) under this contract involving hazardous material.
Individual occupational radiation exposure records generated in the performance of work under this contract shall be subject to inspection by DOE and shall be preserved by the University until disposal is authorized by DOE or at the option of the University delivered to DOE upon completion or termination of the contract. If the University exercises the foregoing option, title to such records shall vest in DOE upon delivery.
The parties commit to full cooperation with regard to acquiring any necessary permits or licenses required by environmental laws, codes, ordinances and regulations of the United States, a state or territory, and a municipality or other political subdivision, and which are applicable to the performance of work under this contract. It is further recognized that certain permits will be obtained jointly and others will be obtained by either party in its individual capacity. The University's obligations include but are not limited to the identification of required permits and licenses, the compilation of information and data required for applications for permits and licenses and the provisions of any supplemental information required by law or regulation and requested by the regulatory authority involved. The Contracting Officer shall promptly inform the University of any required permit or license of which DOE is aware or becomes aware.
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