[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Proposed Rules]
[Pages 53699-53700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26419]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

48 CFR Parts 917, 950, 952, and 970

RIN 1991-AB28


Acquisition Regulation; Department of Energy Management and 
Operating Contracts

AGENCY: Department of Energy.

ACTION: Correction to Notice of limited reopening of the comment 
period.

-----------------------------------------------------------------------

SUMMARY: This document corrects the notice of reopening of the comment 
period published on October 10, 1996 (61 FR 53185). The notice 
reopening the comment period proposed additional changes to the 
Department's proposed rule published on June 24, 1996 (61 FR 32588) 
incorporating certain contract reform initiatives. The notice reopening 
the comment period proposed additional changes to 48 CFR 970.5204-2, 
Environment, Safety and Health. The purpose of today's correction is to 
republish the clause proposed in the October 10, 1996 notice.

DATE: Written comments (1 copy) on this document must be submitted by 
October 25, 1996.

ADDRESSES: All comments are to be submitted to Connie P. Fournier, 
Office of Policy (HR-51), Department of Energy, 1000 Independence 
Avenue, SW, Washington, DC 20585, (202) 586-8245; (202) 586-0545 
(facsimile); [email protected] (Internet).

SUPPLEMENTARY INFORMATION:

Need for Correction

    As published, the notice reopening the comment period contained 
errors in the clause which could be confusing to the reader. Due to the 
editorial nature of the changes and because the Department has sent 
actual copies of this notice to those who commented on the Notice of 
Proposed Rulemaking, the Department has not extended the comment period 
which remains October 25, 1996.

Correction of Publication

    Accordingly, the notice reopening the comment period for 48 CFR 
Parts 917, 950, 952 and 970 published on October 10, 1996, which was 
the subject of FR Doc. 96-26083 is corrected as follows:


970.5204-2  [Corrected]

    1. At page 53186, beginning at column 1, Sec. 970.5204-2 is 
corrected to read:


970.5204-2  Integration of Environment, Safety and Health into Work 
Planning and Execution

    As prescribed in 48 CFR (DEAR) 970.2303-2(a), insert the 
following clause.

Integration of Environment, Safety and Health into Work Planning 
and Execution (Month and Year TBE)

    (a) In performing work under this contract, the contractor shall 
perform work safely, in a manner that ensures adequate protection 
for employees, the public, and the environment, and shall be 
accountable for the safe performance of work. Employees include 
subcontractor employees. In accomplishment of this requirement, the 
contractor shall implement programs to prevent accidents, releases, 
and exposures. The contractor shall ensure that management of 
environment, safety and health (ES&H) functions and activities 
becomes an integral and discernible part of the contractor's work 
planning and execution processes. The contractor shall, in the 
performance of work, ensure that:
    (1) Line management is responsible for the protection of 
employees, the public, and the environment. Line management includes 
those contractor and subcontractor employees managing or supervising 
employees performing work.
    (2) Clear and unambiguous lines of authority and responsibility 
for ensuring ES&H are established and maintained at all 
organizational levels.
    (3) Personnel possess the experience, knowledge, skills, and 
abilities that are necessary to discharge their responsibilities.
    (4) Resources are effectively allocated to address ES&H, 
programmatic, and operational considerations. Protecting employees, 
the public, and the environment is a priority whenever activities 
are planned and performed.
    (5) Before work is performed, the associated hazards are 
evaluated and an agreed-upon set of ES&H standards and requirements 
are established which, if properly implemented, provide adequate 
assurance that employees, the public, and the environment are 
protected from adverse consequences.
    (6) Administrative and engineering controls to prevent and 
mitigate hazards are tailored to the work being performed and 
associated hazards. Emphasis should be on designing the work and/or 
controls to reduce or eliminate the hazards.
    (7) The conditions and requirements to be satisfied for 
operations to be initiated and conducted are clearly established and 
agreed-upon. These agreed-upon conditions and requirements are 
requirements of the contract and binding upon the contractor. The 
extent of documentation and level of authority for agreement shall 
be tailored to the complexity and hazards associated with the work 
and shall be established in the Safety Management System (System).
    (b) The contractor shall manage and perform work in accordance 
with a documented System that fulfills all conditions in paragraph 
(a) of this clause at a minimum. The contractor shall exercise a 
degree of care commensurate with the work and the associated 
hazards. Documentation of the System shall describe how the 
contractor will:
    (1) define the scope of work
    (2) identify and analyze hazards associated with the work
    (3) develop and implement hazard controls
    (4) perform work within controls, and
    (5) provide feedback on adequacy of controls and continue to 
improve safety management.
    (c) The System shall describe how the contractor will establish, 
document, and implement safety performance objectives, performance 
measures, and commitments in response to DOE program and budget 
execution guidance while maintaining the integrity of the System. 
The System shall also describe how the contractor will measure 
system effectiveness.
    (d) The contractor shall comply with, and assist the Department 
of Energy in complying with all applicable laws and regulations, and 
applicable directives identified in the clause of this contract on 
Laws, Regulations, and DOE Directives. The contractor shall 
cooperate with Federal and non-Federal agencies having jurisdiction 
over ES&H matters under this contract.
    (e) The contractor shall submit to the contracting officer 
documentation of its System for review and approval. Dates for 
submittal, discussions, and revisions to the System will be 
established by the contracting officer. Guidance on the preparation, 
content, review, and approval of the System addressing all aspects 
of ES&H is provided in DOE Guide G 450.4, ``Integrated Safety 
Management,'' and successor documents. Additional guidance regarding 
the System may be provided by the contracting officer. On an annual 
basis, the contractor shall review and update, for DOE approval, its 
safety performance objectives, performance measures, and commitments 
consistent with and in response to DOE's program and budget 
execution guidance and direction. Resources shall be identified and 
allocated to meet the safety objectives and performance commitments 
as well as maintain the integrity of the entire System. Accordingly, 
the System shall be integrated with the contractor's business 
processes for work planning, budgeting, authorization, execution, 
and change control.
    (f) The contractor shall promptly evaluate and resolve any 
noncompliance with applicable ES&H requirements and the System. If 
the contractor fails to provide resolution or if, at any time, the 
contractor's acts or failure to act causes substantial harm or an 
imminent danger to the environment or health and safety of employees 
or the public, the contracting officer may issue an order stopping 
work in whole or in part. Any stop work order issued under this 
clause (including a stop work order issued by the contractor to a 
subcontractor in accordance with paragraph (g) of this clause) shall 
be without prejudice to any other legal or contractual rights of the 
Government. Thereafter, an order authorizing the

[[Page 53700]]

resumption of the work may be issued at the discretion of the 
contracting officer. The contractor shall not be entitled to an 
extension of time or additional fee or damages by reason of, or in 
connection with, any work stoppage ordered in accordance with this 
clause.
    (g) The contractor shall provide in its purchasing system, 
required under the clause of this contract entitled, Contractor 
Purchasing System, policies, practices, and procedures for the 
flowdown of requirements of this clause, as appropriate, to 
subcontract performance of work on-site at a DOE-owned or -leased 
facility. Depending on the complexity and hazards associated with 
the work, the purchasing agent may request that the subcontractor 
submit a Safety Management System for the purchasing agent's review 
and approval. Such subcontracts shall provide for the right to stop 
work under the conditions described in paragraph (f) of this clause.
    (h) The contractor shall be responsible for compliance with the 
ES&H requirements applicable to this contract regardless of the 
performer of the work.
    (I) For the purposes of this clause, safety encompasses 
environment, safety and health, including pollution prevention and 
waste minimization.

    Issued in Washington, D.C. on October 9, 1996.
Steve Mournighan,
Acting Deputy Assistant Secretary for Procurement and Assistance 
Management.
[FR Doc. 96-26419 Filed 10-10-96; 10:47 am]
BILLING CODE 6450-01-P