1. Frequently Asked Questions UK Nuclear Sector Matt Tuck Managing Director Matom Ltd w: www.matom.comt: 01492 572685 e:matt@matom.com

2. Presentation Introduction Site Access Market Shape and Entry Levels Minimum Standards and Good Standards NDA Flowdowns Procurement and Contracts Special Arrangements w: www.matom.comt: 01492 572685 e:matt@matom.com

3. Introduction – nuclear decommissioning Developed, evolving and demanding market sector with some unique characteristics. Persistence, determination and investment. Q&A highlights some of the more important issues and to dispel some myths for those who are considering how to penetrate, grow and succeed in nuclear decommissioning. Along the way you will encounter many TLAs (three letter abbreviations), acronyms and terms which are peculiar to the sector. Check the NDA website for a useful guide. w: www.matom.comt: 01492 572685 e:matt@matom.com

4. Site Access Q. What are the typical security requirements for site based staff? One-off or irregular basis - allowed on site under escort, arranged in advance with site contacts. Prolonged or permanent site presence - site based employees will have to be security cleared to a level appropriate for the sensitivity of the work you are undertaking, what data/information you will have access too or the area of the site in which you are working. On most sites this will be Basic Level. Individuals need a “Sponsor” (either the holder of a nuclear site license OR a contractor holding List X status) who will process their application. Normally takes a few weeks. w: www.matom.comt: 01492 572685 e:matt@matom.com

5. Site Access Q. If I’m cleared for one site, can I access another? Individual sites will usually require site specific training requirements on top of validated security clearance. Always check with new sites what their expectations are – there is a move to the Triple Bar (trialled in Magnox at present) to standardise access. Basic security clearance is valid for 10 years (shorter if a non-UK national). Some sites also have rules regarding the frequency of your visits to site. You may be cleared for a site, but if you do not access that site for a long period you may be denied access. Always check with your site(s) what their individual rules are for site pass holders. w: www.matom.comt: 01492 572685 e:matt@matom.com

6. Market Shape and Entry Levels NDA Tier 1 (e.g. Magnox, Sellafield, DSRL) Tier 2 (e.g. Costain, Cavendish) Tier 3 (SMEs etc) Tier 4……. w: www.matom.comt: 01492 572685 e:matt@matom.com

7. Minimum Standards and Good Standards In many respects, the nuclear decommissioning sector is like any other regulated sector: it needs its suppliers to hold standard industry accreditations for health, safety and environment management, quality management. However, some organisations have invested in their systems and people in order to meet some of the more specific challenges of the sector. ISO or equivalent: quality, health safety and environment Fit-4-Nuclear w: www.matom.comt: 01492 572685 e:matt@matom.com

8. NDA Flowdowns These are the expectations which the NDA sets out in terms of contractual conditions and insurance requirements. The NDA has recognised that one size does not necessarily fit all in this respect and is working hard to introduce proportionality to suit the level of supply. Q. Why do the NDA have Flowdown Conditions? The NDA requires certain contract terms to be flowed down from the SLCs head contract with the NDA – the ‘flowdown’ terms. These have been simplified to show the NDA statutory obligations or management obligations. They can be found at http://www.nda.gov.uk/documents/upload/Clarification-on- Contractual-Flowdowns-for-Supply-Chain-November-2013.pdf w: www.matom.comt: 01492 572685 e:matt@matom.com

9. NDA Flowdowns Split into two parts. Part A apply to all contracts with an SLC (Contractor) at Tier 2 level only (all subcontracts). Part B should be flowed down through the supply chain via Tier 2 to Tier 3 and below (all sub-sub contracts) for contracts over £150k. Part B cover such items as rights of audit, anti-bribery, Freedom of Information Act and Environmental Information Regulations, Data Protection, Insurance, Trade Union agreements and payment terms. The exception to the £150k limit is payment terms where NDA expect all contracts and sub contracts to contain a maximum payment term of net monthly, with the provision for shorter terms to be agreed. There may be some contract provisions that the SLCs still deem necessary for their own commercial reasons, but they are not an NDA flowdown requirement. w: www.matom.comt: 01492 572685 e:matt@matom.com

10. NDA Flowdowns Q. Do I have to give up my Intellectual Property? A. Provisions such as Intellectual Property (IP) are no longer a mandatory NDA flowdown requirement. There is a revised IP policy where SLCs are expected to include IP clauses relevant to the requirement. The revised policy can be found at http://www.nda.gov.uk/documents/upload/EGP12-NDA-Intellectual-Property- Policy-Rev2.pdf The NDA needs to obtain technology for use across its estate in pursuit of its mission. In many situations, the NDA is likely to wish to own Developed IP (IP that is developed by each SLCs subcontractors pursuant to contracts entered into with the relevant SLC). NDA and each SLC recognise that there may be circumstances in which it is appropriate for developed IP to be owned by subcontractors. The NDA and SLCs need to have visibility of any Background IP and to have clarity on commercial and other terms for its usage and exploitation, prior to the SLC entering into the contract with the subcontractor. SLCs have to comply with the Public Contracts Regulations 2006 – this sets out the principal rules governing SLC procurement strategy and limits the scope for negotiation of contractual terms at later stages of the procurement process. w: www.matom.comt: 01492 572685 e:matt@matom.com

11. Procurement and Contracts Procurement follows public procurement process Services procured under Frameworks Contractual arrangements are NEC3 – flowed down w: www.matom.comt: 01492 572685 e:matt@matom.com

12. Special Arrangements Radiological matters – only apply in certain circumstances under the Site License Conditions. Q. What is a Radiation Employer? What you become when you work on a Licensed Site Q. What is health physics? A. People dedicated to radiation and environmental safety Q. Classified workers? A. Persons fit to work in radiological environments, requires an annual medical w: www.matom.comt: 01492 572685 e:matt@matom.com