Ames Laboratory Procedures for Implementing and Changing
the Work Smart Standards Set
(a) The Parties shall endeavor to keep apprised of changes to standards in the Set. In accordance with Clause I.110 LAWS, REGULATIONS, AND DOE DIRECTIVES, paragraphs (a), (b) and (c), any changes to the existing Set of standards shall be addressed as follows:
(1) If the standard is a requirement applicable by law, the changed standard shall supersede the standard in the Set and become the new standard, effective immediately.
(2) If the standard is a DOE directive or part thereof, the Contracting Officer may direct substitution of the changed standard, subject to the Contractor’s rights under Clause I.110, including the rights of notice, review, and comment.
(3)(2) If the standard is not a DOE directive and not required by law, the Contractor may substitute the changed standard, including a modification of an internal standard, with notice to the Contracting Officer if the change does not affect the level of protection. If the change in the standard does affect the level of protection, the change requires the approval of the Contracting Officer.
(4)(3) If the standard is not a DOE directive and not required by law, tThe Ccontracting Officer may direct (i) substitution of a changed standard or (ii) modification of an internal standard, unless, within 30 days from receipt of notification of the change from the Contracting Officer, the Contractor submits the matter to the Agreement Parties for a decision. If the Agreement Parties determine that the modified standard is necessary, the Contractor shall take all appropriate measures to comply with the change in the standard.
(b) The Parties shall periodically review and revalidate the Set of standards set forth in this Appendix I, periodically. The work smart standards process may be re-initiated by any Agreement Party upon a determination that the existing Set is no longer appropriate due to changes in mission, activity, degree of hazard, performance expectation, or knowledge. Approval of any revised Set standard(s) shall be by the Agreement Parties, and Appendix I will be revised accordingly by formal modification to this contract.
(c) The Contractor and Contracting Officer shall identify and, if appropriate, agree to, any changes to contract terms and conditions, including cost and schedule, associated with a change to the Set or to a standard in the Set.
(d) In accordance with Clause I.110, paragraph (c), if the tailored set of requirements identifies an alternative requirement varying from an ES&H requirement of an applicable law or regulation, the contractor shall request an exemption or other appropriate regulatory relief specified in the regulation.
(e) In the event that the Contractor determines it is not in compliance with, or cannot comply with, any standard in the Set, the Contractor shall notify, in writing, the Contracting Officer of such actual or anticipated noncompliance and shall propose the corrective action to be taken. After receipt of authorization from the Contracting Officer, the Contractor shall, within a reasonable time agreed upon by the Parties, take the agreed upon corrective action.
(f) For purposes of this Article, the term "Agreement Parties" means the Vice-President of Business and Finance, Iowa State University; the Director, Basic Energy Sciences Division, Office of Science, DOE, and the Ames Group Manager, DOE.