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BNL Prime Contract No. DE-SC0012704

Part II, Section I. Contract Clauses

Clause I.122 – DEAR 970.5204-2 – Laws, Regulations and DOE Directives (Dec 2000) (Deviation) (SC Deviation) (May 2018)

Last Revised: 03/29/2019  |  Per Mod #0140

(a) In performing work under this contract, the Contractor shall comply with the requirements of applicable Federal, State, and local laws and regulations (including DOE regulations), unless relief has been granted in writing by the appropriate regulatory agency. A List of Applicable Laws and regulations (List A) may be appended to this contract for information purposes. Omission of any applicable law or regulation from List A does not affect the obligation of the Contractor to comply with such law or regulation pursuant to this paragraph.

(b) In performing work under this contract, the contractor shall comply with the requirements of those Department of Energy directives, or parts thereof, identified in the List of Applicable Directives (List B) appended to this contract [unless and until such time as an alternative procedure, standard, system of oversight, or assessment mechanism resulting from the process described in the Section H clause of this Contract, entitled, “Clause H.17 – Application of DOE Contractor Requirements Documents” is approved. The contracting officer may, from time to time and at any time, revise List B by unilateral modification to the contract to add, modify, or delete specific requirements. Prior to revising List B, the contracting officer shall notify the contractor in writing of the Department's intent to revise List B and provide the contractor with the opportunity to assess the effect of the contractor's compliance with the revised list on contract cost and funding, technical performance, and schedule; and identify any potential inconsistencies between the revised list and the other terms and conditions of the contract. Within 30 days after receipt of the contracting officer's notice, the contractor shall advise the contracting officer in writing of the potential impact of the contractor's compliance with the revised list. Based on the information provided by the contractor and any other information available, the contracting officer shall decide whether to revise List B and so advise the contractor.

(c) The contractor shall procure all necessary permits or licenses required for the performance of work under this contract separately, or jointly with DOE as co-permittees, as appropriate.

(d) Regardless of the performer of the work, the contractor is responsible for compliance with the requirements of this clause. The contractor is responsible for flowing down the requirements of this clause to subcontracts at any tier to the extent necessary to ensure the contractor's compliance with the requirements.