[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Rules and Regulations]
[Page 48361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23421]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1823 and 1852


NASA Safety and Health (Short Form)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule adopts with changes the interim rule published 
in the Federal Register on April 5, 2001 (65 FR 18051-18053), which 
amended the NASA FAR Supplement to implement a Safety and Health (Short 
Form) clause to address safety and occupational health in all NASA 
contracts above the micro-purchase threshold where the existing Safety 
and Health clause did not apply, and amended other safety and health 
clauses to be consistent with the new NASA Safety and Health (Short 
Form) clause.

EFFECTIVE DATE: September 20, 2001.

FOR FURTHER INFORMATION CONTACT: Yolande Harden, NASA, Office of 
Procurement, Contract Management Division (Code HK), (202) 358-1279, e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    NASA has recognized that for it to achieve mission success, it is 
critically important that NASA contractors also emphasize safety and 
occupational health. While the existing safety and health clause 
applies to many high dollar value and high-risk contracts, NASA has 
many more contracts that it does not apply to that are critical to the 
agency achieving its mission. The Safety and Health (Short Form) clause 
was developed to address safety and occupational health in all of its 
contracts. Contractors must be accountable for the safety and 
occupational health of their employees, their services, and their 
products (as applicable). This will help lead to mission success for 
NASA and its contractors.
    One comment from industry was received in response to the interim 
rule published in the April 5, 2001, Federal Register. This comment was 
a statement of support for NASA's efforts to emphasize safety in the 
acquisition process. This final rule adopts the interim rule with 
changes to Alternate I to 1852.223-73, Safety and Health Plan, to 
clarify the Safety and Health Plan submission requirement under 
Invitation for Bids (IFB) and adds a prescription at 1823.7001(c) for 
use of this Alternate.

B. Regulatory Flexibility Act

    NASA certifies that this final 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 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 do 
not impose information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Parts 1823 and 1852

    Government procurement.

Tom Luedtke,
Associate Administrator for Procurement.


    Accordingly, 48 CFR parts 1823 and 1852 are amended as follows:
    1. The authority citation for 48 CFR parts 1823 and 1852 continues 
to read as follows:

    Authority: 42 U.S.C. 2473(c)(1)

PART 1823--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND 
DRUG-FREE WORKPLACE

    2. In section 1823.7001, amend paragraph (c) by adding the 
following sentence at the end to read as follows:


1823.7001  NASA solicitation provisions and contract clauses.

* * * * *
    (c) * * * Insert the provision with its Alternate I, in Invitations 
for Bid containing the clause at 1852.223-70.
* * * * *

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Revise section 1852.223-73 to read as follows:


1852.223-73  Safety and Health Plan.

    As prescribed in 1823.7001(c), insert the following provision:

Safety and Health Plan

September 2001

    The offeror shall submit a detailed safety and occupational 
health plan as part of its proposal (see NPG 8715.3, NASA Safety 
Manual Appendices). The plan must include a detailed discussion of 
the policies, procedures, and techniques that will be used to ensure 
the safety and occupational health of contractor employees and to 
ensure the safety of all working conditions throughout the 
performance of the contract. The plan must similarly address safety 
and occupational health for subcontractor employees for any proposed 
subcontract whose value is expected to exceed $500,000, including 
commercial services and services provided in support of a commercial 
item. 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. This plan, as approved by the Contracting Officer, will be 
included in any resulting contract.
(End of provision)

Alternate I

September 2001

    As prescribed in 1823.7001(c), delete the first sentence of the 
basic provision and substitute the following:
    The apparent low bidder, upon request by the Contracting 
Officer, shall submit a detailed safety and occupational health plan 
(see NPG 8715.3, NASA Safety Manual, Appendices). The plan shall be 
submitted within the time specified by the Contractor Officer. 
Failure to submit an acceptable plan shall make the bidder 
ineligible for the award of a contract.

[FR Doc. 01-23421 Filed 9-19-01; 8:45 am]
BILLING CODE 7510-01-P