[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]
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