[Code of Federal Regulations]
[Title 48, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR970.0470-1]

[Page 428-429]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                     CHAPTER 9--DEPARTMENT OF ENERGY
 
Sec. 970.0470-1  General.

    (a) The contractor is required to comply with the requirements of 
applicable Federal, State and local laws and regulations, unless relief 
has been granted by the appropriate authority. For informational 
purposes, the contracting officer may append the contract with a list of 
applicable laws or regulations (see 970.5204-2, Laws, Regulations, and 
DOE Directives, paragraph (a)).
    (b) The Department of Energy Directives System is a system of 
instructions, including orders, notices, manuals, guides, and standards, 
for Departmental elements. In certain circumstances, requirements 
contained in these directives may apply to a contractor through 
operation of a contract clause. Program and requirements personnel are 
responsible for identifying requirements in the Directives System which 
are applicable to a contract, and

[[Page 429]]

for developing a list of applicable requirements and providing it to the 
contracting officer for inclusion in the contract.
    (c) Where directives requirements are established using either the 
Standards/Requirements Identification Process or the Work Smart 
Standards Process, the applicable process should also be used to 
establish the environment, safety, and health portion of the list 
identified in paragraph (b) of this section.
    (d) Environmental, safety, and health (ES&H) requirements 
appropriate for work conducted under a management and operating contract 
may be determined by a DOE approved process to evaluate the work and the 
associated hazards, and identify an appropriately tailored set of 
standards, practices, and controls, such as a tailoring process included 
in a DOE approved Safety Management System implemented under 48 CFR 
970.5223-1, Integration of Environment, Safety, and Health into Work 
Planning and Execution. When such a process is used, the contracting 
officer shall ensure that the set of tailored requirements, as approved 
by DOE pursuant to the process, is incorporated into the list identified 
in paragraph (b) of this section. These requirements shall supersede, in 
whole or in part, the contractual environmental, safety, and health 
requirements previously made applicable to the contract by List B. If 
the tailored set of requirements identifies an alternative requirement 
which varies from an ES&H requirement of an otherwise applicable law or 
regulation, the contractor must request an exemption or other 
appropriate regulatory relief that may be specified in the governing 
regulation.