Common use of Third Degree Clause in Contracts

Third Degree. Performance failures that have been determined, in accordance with applicable law, regulation, or DOE directive, to have actually resulted in, or that can reasonably be expected to result in, undue risk to the common defense and security, and/or jeopardizes protection of the facility or Site security interests. The following are examples of performance failures or performance failures of similar import that will be considered third degree: (i) Loss, theft, diversion, or unauthorized disclosure of information classified as Confidential. (ii) Negligent weapons and firearms-related incidents involving protective force operations/personnel (e.g., unauthorized weapons discharge, personal wounding). (iii) Evidence that SNM data has been manipulated or falsified. (iv) Inventory differences of Category IV SNM beyond alarm limits where there is no evidence that the difference is created by loss, theft, or diversion. (v) Loss, theft, or diversion of Category IV quantities of SNM that is due to a failure or inadequacy of performance by the contractor. (vi) Five (5) or more incidents that involve a potential compromise of classified information and/or unsecured classified repository, in any three (3) month period, of any type. (vii) Receipt of any topical area rating of Unsatisfactory on any DOE Safeguards and Security survey, audit, and/or inspection. (viii) Failure to implement corrective action(s) in response to any third degree performance failure. (ix) Non-compliant or adverse cyber security performance that indicates serious cyber security program degradation (e.g., negative mission impacts or compromise of sensitive information [Sensitive Unclassified Information, Personally Identifiable Information, Unclassified Controlled Nuclear Information], etc.).

Third Degree. Performance failures that have been determined, in accordance with applicable law, regulation, or DOE directive, to have actually resulted in, or that can reasonably be expected to result in, undue risk to the common defense and security, and/or jeopardizes protection of the facility or Site security interests. The following are examples of performance failures or performance failures of similar import that will be considered third degree: (i) Loss, theft, diversion, or unauthorized disclosure of information classified as Confidential. (ii) Negligent weapons and firearms-related incidents involving protective force operations/personnel (e.g., unauthorized weapons discharge, personal wounding). (iii) Evidence that SNM data has been manipulated or falsified. (iv) Inventory differences of Category IV SNM beyond alarm limits where there is no evidence that the difference is created by loss, theft, or diversion. (v) Loss, theft, or diversion of Category IV quantities of SNM that is due to a failure or inadequacy of performance by the contractor. (vi) Five (5) or more incidents that involve a potential compromise of classified information and/or unsecured classified repository, in any three (3) month period, of any type. (vii) Receipt of any topical area rating of Unsatisfactory on any DOE Safeguards and Security survey, audit, and/or inspection. (viii) Failure to implement corrective action(s) in response to any third degree performance failure. (ix) Non-compliant or adverse cyber security performance that indicates serious cyber security program degradation (e.g., negative mission impacts or compromise of sensitive information [Sensitive Unclassified Information, Personally Identifiable Information, Unclassified Controlled Nuclear Information], etc.). J-1. ABBREVIATIONS AND ACRONYM LIST 000 4 J-2. REQUIREMENT SOURCES AND IMPLEMENTING DOCUMENTS 132 8 J-3. HANFORD SITE SERVICES AND INTERFACE REQUIREMENTS MATRIX 118 76 J-4. PERFORMANCE EVALUATION AND MEASUREMENT PLAN a FY 2010 PERFORMANCE EVALUATION & MEASUREMENT PLAN 052 19 b FY 2011 PERFORMANCE EVALUATION & MEASUREMENT PLAN 074 10 c FY 2012 PERFORMANCE EVALUATION & MANAGEMENT PLAN 152 12 J-5. PERFORMANCE GUARANTEE AGREEMENT 000 7 J-6. SMALL BUSINESS SUBCONTRACTING PLAN 100 11 J-7. SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM TARGETS 000 2 J-8. ADVANCE UNDERSTANDING OF COSTS 085 8 J-9. SPECIAL FINANCIAL INSTITUTION ACCOUNT AGREEMENT 108 8 J-10. WAGE DETERMINATIONS – SERVICE CONTRACT ACT AND XXXXX-XXXXX ACT 124 12 J-11. CONTRACT DELIVERABLES 149 20 J-12. GOVERNMENT FURNISHED SERVICES AND INFORMATION 130 4 J-13. HANFORD SITE STRUCTURES LIST 133 31 J-14. HANFORD WASTE SITE ASSIGNMENT LIST 133 70 J-15. Be SAMPLING PROTOCOL FOR BUILDINGS 059 5 J-16. PORTFOLIO MANAGEMENT TASK ORDERS Task 09-001 Hammer Budget Analysis 006 1 Task 11-001 200W Pump & Treat Independent Review 077 1 Task 11-002 Assessment of the 618-10 Burial Ground Characterization 080 2 Task 11-003 Consulting Support to HQ EM-2.1 148 5 Task 11-004 PIC Support for Project Controls System Description 144 3 The Performance Evaluation and Measurement Plan (PEMP) details the administration of performance incentives and allocation of total available fee as defined in Section B, Supplies or Services and Prices/Costs.