that the WSS set is authorized and accepted for use for the defined scope of work,
subject to any implementation assumptions.
In many cases, the agreed-upon WSS set resulting from an N&S Process application will need
to be incorporated into a contract in order to become effective and binding upon the contractor.
Approval itself does not incorporate the WSS set into a contract. However, approval of a WSS
set represents a significant agreement between DOE and a contractor and should be planned
so that it facilitates contractual modifications. In previous N&S Closure applications, the
appropriate DOE Contracting Officer has served as the WSS DOE Approval Authority. The
Contracting Officer was involved as an Approval Authority at the beginning of the N&S Closure
Process application and was engaged throughout the Process. Contractual negotiations for
changes to the contract followed directly from approval of the WSS set. As stated in DEAR
970.5204-78. Laws, Regulations and DOE Directives, paragraph (C):
"Environmental, safety, and health (ES&H) requirements appropriate for work may be
determined by a DOE approved process to evaluate the work and the associated
hazards and identify an appropriately tailored sets of standards, practices, and controls,
such as a tailoring process included in a DOE approved Safety Management System
implemented under 48 CFR (DEAR)970.5204-2. When such a process is used, the set
of tailored ES&H requirements, as approved by DOE pursuant to the process, shall be
incorporated into List B as contract requirements with full force and effect." Should the
scope of work be revised in such a manner that the work or hazards bases are
significantly altered, a reinitiation of the N&S Closure Process may be appropriate. If the
standards set is used to identify contractual requirements, a revision to the WSS set will
typically be incorporated into List B as a revision to the contract.
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