[Federal Register: April 5, 2001 (Volume 66, Number 66)]
[Rules and Regulations]
[Page 18051-18053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap01-6]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1812, 1823, and 1852
Safety and Health (Short Form)
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Interim rule.
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SUMMARY: This interim rule amends the NASA FAR Supplement (NFS) to add
a new Safety and Health (Short Form) clause which requires contractors
to take all reasonable safety and occupational health measures in
contracts above the micro-purchase threshold; amends other existing
safety and health clauses to make them consistent with the new NASA
Safety and Health (Short Form) clause; and adds an Alternate I, Safety
and Health Plan, to address submission of safety and health plans under
Invitations for Bids (IFBs).
DATES: Effective Date: This rule is effective May 7, 2001.
Applicability Date: This rule applies to solicitations issued on or
after May 7, 2001.
Comment Date: Comments should be submitted to NASA at the address
below on or before June 4, 2001.
ADDRESSES: Interested parties should submit written comments to Jeff
Cullen, NASA Headquarters Office of Procurement, Contract Management
Division (Code HK), Washington, DC 20546. Comments may also be
submitted by e-mail to jcullen@hq.nasa.gov.
FOR FURTHER INFORMATION CONTACT: Jeff Cullen, (202) 358-1784.
SUPPLEMENTARY INFORMATION:
A. Background
Emphasizing safety and occupational health can result in reductions
in the number of incidents involving injury or death to personnel, and
in a reduction in lost or restricted workdays. These reductions enhance
the probability of mission success by decreasing development time,
cycle times, operational delays and costs. Since NASA contracts account
for approximately 80 percent of its budget, NASA recognizes that for it
to achieve mission success, it is critically important that NASA
contractors also emphasize safety and occupational health. While the
existing NASA Safety and Health clause (1852.223-70) applies to many
high dollar value and high-risk contracts, NASA has many more contracts
that it does not apply to that are also critical to the agency
achieving its mission. This interim rule implements a Safety and Health
(Short Form) clause to address safety and occupational health in all of
its contracts above the micro-purchase threshold where 1852.223-70 does
not apply. This clause will hold contractors accountable for the safety
and occupational health measures consistent with standard industry
practice in performing the contract. It also defines NASA's safety
priority to protect: (1) The public, (2) astronauts and pilots, (3) the
NASA workforce, and (4) high-value equipment and property. This will
help lead to mission success for NASA and its contractors.
Additionally, this interim rule amends the NASA Safety and Health
clause (1852.223-70), the Safety and Health Plan clause (1852.223-73),
and the Major Breach of Safety or Security clause (1852.223-75) to make
them consistent with the new NASA Safety and Health (Short Form) clause
(1852.223-72) by adding the safety priority; and adds an Alternate I to
1852.223-73, Safety and Health Plan,
[[Page 18052]]
to address submission of safety and health plans under IFBs.
B. Regulatory Flexibility Act
NASA certifies that this interim rule will not have a significant
economic impact on a substantial number of small business entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because
this interim rule focuses attention on safety and occupational health,
and does not impose any significant new requirements which might have
an economic impact.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the NFS do not impose any recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 41 U.S.C. 3501, et seq.
D. Determination to Issue an Interim Rule
In accordance with 41 U.S.C. 418b(d), NASA has determined that
urgent and compelling reasons exist to promulgate this interim rule
without prior opportunity for public comment. The basis of this
determination is that many ongoing NASA activities, such as advanced
research, aeronautics and space flight involve safety and occupational
health risks. Requiring contractors to immediately take all reasonable
safety and occupational health measures is necessary to reduce these
risks, and should result in reductions in the number of incidents
involving injury or death to personnel, and in lost or restricted
workdays.
List of Subjects in 48 CFR Parts 1812, 1823, and 1852
Government procurement.
Lynn Bailets,
Acting Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1812, 1823, and 1852 are amended as
follows:
1. The authority citation for 48 CFR Parts 1812, 1823, and 1852
continues to read as follows:
Authority: 42 U.S.C. 2473 (c)(1).
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
2. In section 1812.301, amend paragraph (f)(i) by redesignating
paragraphs (I) through (N) as (J) through (O) respectively and adding
new paragraph (I) to read as follows:
1812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f)(i) * * *
(I) 1852.223-72, Safety and Health (Short Form).
* * * * *
PART 1823--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND
DRUG-FREE WORKPLACE
3. Amend section 1823.7001 by adding paragraph (e) to read as
follows:
1823.7001 NASA solicitation provisions and contract clauses.
* * * * *
(e) For all solicitations and contracts exceeding the micro-
purchase threshold that do not include the clause at 1852.223-70,
Safety and Health, the contracting officer shall insert the clause at
1852.223-72, Safety and Health (Short Form).
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Amend section 1852.223-70 by revising the date of the clause,
redesignating paragraphs (a) through (h) as (b) through (i)
respectively, adding a new paragraph (a), and revising newly designated
paragraphs (f)(2) and (g) to read as follows:
1852.223-70 Safety and Health.
* * * * *
Safety and Health--May 2001
(a) Safety is the freedom from those conditions that can cause
death, injury, occupational illness, damage to or loss of equipment or
property, or damage to the environment. NASA's safety priority is to
protect: (1) The public, (2) astronauts and pilots, (3) the NASA
workforce (including contractor employees working on NASA contracts),
and (4) high-value equipment and property.
* * * * *
(f)(1) * * *
(2) If the Contractor fails or refuses to institute prompt
corrective action in accordance with subparagraph (f)(1) of this
clause, the Contracting Officer may invoke the stop-work order clause
in this contract or any other remedy available to the Government in the
event of such failure or refusal.
(g) The Contractor (or subcontractor or supplier) shall insert the
substance of this clause, including this paragraph (g) and any
applicable Schedule provisions, with appropriate changes of
designations of the parties, in subcontracts of every tier that--
(1) Amount to $1,000,000 or more (unless the Contracting Officer
makes a written determination, after consultation with installation
safety and health representatives, that this is not required);
(2) Require construction, repair, or alteration in excess of
$25,000; or
(3) Regardless of dollar amount, involve the use of hazardous
materials or operations.
* * * * *
5. Add section 1852.223-72 to read as follows:
1852.223-72 Safety and Health (Short Form).
As prescribed in 1823.7001(e), insert the following clause:
Safety and Health (Short Form)--May 2001
(a) Safety is the freedom from those conditions that can cause
death, injury, occupational illness; damage to or loss of equipment
or property, or damage to the environment. NASA's safety priority is
to protect: (1) The public, (2) astronauts and pilots, (3) the NASA
workforce (including contractor employees working on NASA
contracts), and (4) high-value equipment and property.
(b) The Contractor shall take all reasonable safety and
occupational health measures consistent with standard industry
practice in performing this contract. The Contractor shall comply
with all Federal, State, and local laws applicable to safety and
occupational health and with the safety and occupational health
standards, specifications, reporting requirements, and any other
relevant requirements of this contract.
(c) The Contractor shall take, or cause to be taken, any other
safety, and occupational health measures the Contracting Officer may
reasonably direct. To the extent that the Contractor may be entitled
to an equitable adjustment for those measures under the terms and
conditions of this contract, the equitable adjustment shall be
determined pursuant to the procedures of the Changes clause of this
contract; provided, that no adjustment shall be made under this
Safety and Health clause for any change for which an equitable
adjustment is expressly provided under any other clause of the
contract.
(d) The Contracting Officer may notify the Contractor in writing
of any noncompliance with this clause and specify corrective actions
to be taken. The Contractor shall promptly take and report any
necessary corrective action. The Government may pursue appropriate
remedies in the event the contractor fails to promptly take the
necessary corrective action.
(e) The Contractor (or subcontractor or supplier) shall insert
the substance of this clause, including this paragraph (d) and any
applicable Schedule provisions, with appropriate changes of
designations of the parties, in subcontracts of every tier that
exceed the micro-purchase threshold.
[[Page 18053]]
(End of clause)
6. Amend section 1852.223-73 by revising the date of the clause and
the next to last sentence to read as follows:
1852.223-73 Safety and Health Plan.
* * * * *
Safety and Health Plan--May 2001
* * * Also, when applicable, the plan must address the policies,
procedures, and techniques that will be used to ensure the safety
and occupational health of: (1) The public, (2) astronauts and
pilots, (3) the NASA workforce (including other contractor employees
working on NASA contracts), and (4) high-value equipment and
property.
* * * * *
7. In section 1852.223-73, add Alternate I to read as follows:
1852.223-73 Safety and Health Plan.
* * * * *
Alternate I--May 2001
In Invitations for Bids, delete the first sentence of the basic
provision and substitute the following:
The apparently successful offeror shall submit a detailed safety
and occupational health plan (see NPG 8715.3, NASA Safety Manual,
Appendix H) after notification of selection but before award.
8. Amend section 1852.223-75 by revising the date of the clause and
adding a sentence between the second and third sentence in paragraph
(a) to read as follows:
1852.223-75 Major Breach of Safety or Security.
* * * * *
Major Breach of Safety or Security--May 2001
(a) * * * NASA's safety priority is to protect: (1) The public;
(2) astronauts and pilots; (3) the NASA workforce (including
contractor employees working on NASA contracts); and (4) high-value
equipment and property. * * *
* * * * *
[FR Doc. 01-8394 Filed 4-4-01; 8:45 am]
BILLING CODE 7510-01-U