[Federal Register Volume 66, Number 66 (Thursday, April 5, 2001)]
[Rules and Regulations]
[Pages 18051-18053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8394]


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

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.

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

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 [email protected].

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