(Modified effective 10/28/94)
Appendix G specifies the procedures for treatment of all Contracting Officer directives, as that term is defined in Article II (m). This Appendix is intended to be dynamic with directives accepted in accordance with this Appendix added and deleted from time to time.
Article XV, Clause 3, and this Appendix provide some maximum time frames for submitting plans for implementing accepted directives and reaching a decision on the acceptability of new, revised, and extant Orders. The parties agree to use their best efforts to carry out these actions as early as possible within those time frames.
Within the Appendix various names, titles and definitions are used as follows:
The term "directive" shall mean a Contracting Officer directive as defined in Article II (m) of the prime contract.
The term "University Contracts Manager" shall mean the individual(s) delegated authority to enter into modifications of this Appendix and other documents incorporated herein by reference.
The term "directives designated as Section I " shall mean Environment, Safety and Health directives and Safeguards and Security directives as those terms are used in Article XV, Clause 3 of the contract, which the University has accepted.
The term "directives designated as Section II" shall mean all other directives which the University has accepted.
The term "directives designated as Section III" shall mean extant directive as that term is used in Article XV, Clause 3 of the contract.
1.-- Accepted Directives. The University's obligations with respect to directives designated as Section I will be fully satisfied when such directives have been implemented in a manner satisfactory to the Contracting Officer. With respect to directives designated as Section II, implementation at the Laboratory may also be limited by sound administrative practices and University policies in those administrative areas in which the University has been authorized by this contract to exercise discretion as a management and operating contractor. Pending implementation of an accepted directive, the University will be in compliance with the contract if:
2. Extant Directives. With respect to extant directives, the University will be in compliance with the contract if it notifies DOE of its acceptance or rejection of all extant directives no later than November 19, 1995, and includes in the notification of any decision to reject an extant directive a written justification for the reasons for rejection.
A directive will be accepted by the University if the Contracting Officer determines that it is relevant to contract operations and the University does not determine that it conflicts with the acceptance criteria in Article XV, Clause 3. Directives accepted by the University in accordance with this Appendix are agreed to constitute contract requirements in addition to, but not inconsistent with, the provision of the prime contract and their supplementing appendices.
A communication which conveys information related to existing contract requirements but which is not a separate requirement will normally be treated as a routine operational matter. Routine operational matters are communicated directly between DOE and the Laboratories.
Operating instructions involving urgent, short-term requirements related to environment, safety and health, safeguards and security, businessmanagement practices, or other matters are issued directly to the Laboratory and are not processed under Appendix G.
1.-- General. The Laboratory shall submit a plan for implementation of an accepted directive to the Contracting Officer and the University Contracts Manager when required by the directive or other instruction of the Contracting Officer and within the time required by the contract. When the contract does not specify a time, the plan shall be submitted by the date agreed to by the parties. Prior to submitting the plan, the University and DOE shall expeditiously address all issues requiring resolution in connection with the development of the plan.
Within 90 days of receipt of the implementation plan, the Contracting Officer will approve or disapprove the plan and notify the Laboratory and the University Contracts Manager of the decision. If the Contracting Officer disapproves the plan, he/she shall clearly identify all deficiencies and provide reasonable suggestions for making the plan acceptable. Within 60 days after notification of the disapproval of a plan, the Laboratory shall submit to the Contracting Officer the revised plan for approval as described above.
Upon approval of an implementation plan, it becomes a requirement of the contract and the University shall be accountable for carrying out the implementation plan in accordance with the schedules provided in the plan.
During the process of implementation, the Laboratory will notify the Contracting Officer and the University Contracts Manager if modifications to the plan are required for whatever reason. The Contracting Officer will consider all such requests and will not unreasonably withhold his/her approval to modify such plans when circumstances warrant modification.
2. Implementation Constrained by Funding. When the implementation of a directive is constrained by funding, the following guidelines should be applied. In order to meet compelling statutory constraints and in accordance with the requirements of the contract, the University is obligated to accept environment, safety and health directives and safeguards and security directives which are not in conflict with the no gain/no loss principle, to implement such accepted directives as expeditiously as possible, and to make a good faith effort to do so within currently available funding.
When the Laboratory determines that compliance with such directives will require substantial resources, it shall take the actions described below:
3. -- Laboratory Administration Office Implementation Coordination
When the University Contracts Manager advises the Contracting Officer that the Laboratory Administration Office (LAO) will be conducting an implementation activity on behalf of the Laboratory, the term "Laboratory" used in this paragraph D shall mean the LAO.
Within 60 days of the University's receipt of any new or revised directive issued by the Contracting Officer, the University Contracts Manager will notify the Contracting Officer of the University's acceptance of the directive or rejection of the directive. With respect to any rejection in whole or in part of any directive, the University shall describe the manner in which the directive conflicts with the applicable criteria in Article XV, Clause 3. Within 60 days of receipt of the University's rejection in whole or in part of any directive, the Contracting Officer shall respond to the University either accepting the rejection or setting forth a rationale of why the Contracting Officer believes the directive does not conflict with the applicable criteria in Article XV, Clause 3.
Whenever the correspondence regarding the rejection of a directive fails to resolve an issue, the University and DOE will attempt to resolve the issue informally prior to initiation of the Issue Resolution Process in Article XIV, Clause 2. Informal resolution will be coordinated among the Contracting Officer, the University Contracts Manager and the Laboratory Institutional Point of Contract (IPOC). The Laboratory will furnish the University Contracts Manager and the Contracting Officer the name of the individual who will serve as the Laboratory IPOC for the issue.
Within 60 days of the University's acceptance of any directive, whether new, revised, or an extant directive, the Laboratory shall notify the Contracting Officer in writing of any issues which require resolution in connection with the need for and development of the plan to implement the directive. Within 60 days of the Contracting Officer's receipt of this notice, the parties shall designate representatives to resolve the issues and those designated representatives shall meet to attempt to resolve the issues and to determine an acceptable date for submission of the implementation plan, if necessary. If the designated representatives are unable to resolve the issues or determine an acceptable date for submission of the implementation plan, the matter shall be referred to the Contracting Officer, the University Contract Manager, and the Laboratory IPOC for informal resolution prior to initiation of the Issue Resolution Process in Article XIV, Clause 2.
When a directive is accepted by the University that fact is documented in the University's Contracts Management Information Exchange database (COMIX). The University Contracts Manager shall provide the Contracting Officer access to current database information and/or reports in such form and frequency as the Contracting Officer determines.
The database information will include the most current accepted version of the directive,the acceptance date, and the Section designation of the directive included in the database. If a directive is accepted with modification, the section shall be annotated to reflect that information.
The COMIX database will contain information on the implementation status of all directives accepted by the University from the Contracting Officer. For each directive accepted by the University Contracts Manager, the following will be available:
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