PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES,
OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
TABLE OF CONTENTS
1823.203 Energy-efficient
products.
1823.270 Federal fleet and transportation efficiency.
1823.271 NASA Solicitation provision and contract
clause.
SUBPART 1823.3 HAZARDOUS
MATERIAL IDENTIFICATION AND
MATERIAL SAFETY DATA
1823.370
Acquisition of
potentially hazardous items from or through
another Government agency.
SUBPART 1823.4 USE
OF RECOVERED MATERIALS
1823.404 Agency affirmative procurement programs.
SUBPART 1823.5 DRUG-FREE WORKPLACE
1823.570 Drug-and
alcohol-free workforce.
1823.570-1
Definitions.
1823.570-2
Contract clause.
1823.570-3
Suspension of
payments, termination of contract, and
debarment and suspension actions.
1823.703 Policy.
SUBPART 1823.10 FEDERAL
COMPLICANCE WITH RIGHT-TO-KNOW LAWS AND POLLUTION
PREVENTION REQUIREMENTS
1823.1005
Contract
clause.
SUBPART
1823.70 SAFETY AND HEALTH
1823.7001 NASA
solicitation provisions and contract clauses.
SUBPART
1823.71 FREQUENCY AUTHORIZATION
1823.7101
Contract clause.
1823.7102 Procedures.
PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES,
OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
1823.203 Energy-efficient products.
Responsibility, policy and procedures for NASA’s implementation of FAR 23.203, including cost-effectiveness, are described in NPG 8570.1, “Energy Efficiency and Water Conservation Technologies and Practices.”
1823.270
Federal fleet and transportation efficiency.
Responsibility, policy and procedures for
NASA’s implementation of Executive Order 13149, “Greening the Government
through Federal Fleet and Transportation Efficiency”, including
cost-effectiveness, are described in NPG 6200.1, “NASA Transportation and
General Traffic Management.”
1823.271
NASA Solicitation provision and contract clause.
Insert the clause at 1852.223-76, Federal Automotive Statistical Tool
Reporting, in solicitations and contracts requiring contractor operation of
Government-owned or –leased motor vehicles, including, but not limited to,
interagency fleet management system (IFMS) vehicles authorized in accordance
with FAR 51.2.
Subpart 1823.3--Hazardous Material Identification and Material Safety
Data
1823.370 Acquisition
of potentially hazardous items from or through
another Government agency.
When acquiring supplies or services
from or through another Government agency (e.g., see FAR Part 8 and FAR Subpart 17.5), NASA shall
request that agency to furnish NASA the data required by FAR Subpart 23.3.
1823.404 Agency affirmative procurement programs.
NASA’s affirmative procurement program is described in the Affirmative Procurement Plan for Environmentally Preferable Products (NPR 8530.1).
Subpart 1823.5--Drug-Free
Workplace
1823.570 Drug-and alcohol-free
workforce.
This section sets forth NASA requirements for
mandatory drug and alcohol testing of certain contractor personnel under
section 203, National Aeronautics and Space Act of 1958, as amended, 42 U.S.C.
2473, 72 Stat. 429; and Civil Space Employee Testing Act of 1991, Public Law
102-195, sec. 21, 105 Stat. 1616 to 1619.
1823.570-1 Definitions.
As used in this subpart employee
and controlled substance are as defined in FAR 23.503. The use of a controlled
substance in accordance with the terms of a valid prescription, or other uses
authorized by law shall not be subject to the requirements of 1823.570 to 1823.570-3 and the clause at 1852.223-74.
"Employee in a sensitive
position" means a contractor or subcontractor employee who has been
granted access to classified information; a contractor or subcontractor
employee in other positions that the contractor or subcontractor determines
could reasonably be expected to affect safety, security, National security, or
functions other than the foregoing requiring a high degree of trust and
confidence; and includes any employee performing in a position designated
"mission critical" pursuant to the clause at 1852.246-70. The term also includes
any applicant who is interviewed for a position described in this paragraph.
"Use, in violation of
applicable law or Federal regulation, of alcohol" includes having,
while on duty or during a preemployment interview, an alcohol concentration of
0.04 percent by weight or more in the blood, as measured by chemical test of
the individual's breath or blood. An individual's refusal to submit to such
test is presumptive evidence of use, in violation of applicable law or Federal
regulation, of alcohol.
1823.570-2 Contract
clause.
The contracting officer shall
insert the clause at 1852.223-74, "Drug- and
Alcohol-Free Workforce," in all solicitations and contracts containing the
clause at 1852.246-70, "Mission Critical Space Systems Personnel Reliability
Program," and in other solicitations and contracts exceeding $5 million in
which work is performed by an employee in a sensitive position. However, the
contracting officer shall not insert the clause at 1852.223-74 in solicitations
and contracts for commercial items (see FAR Parts 2 and 12).
1823.570-3 Suspension
of payments, termination of contract, and debarment and suspension
actions.
The contracting officer shall comply
with the procedures of FAR 23.506 regarding the suspension
of contract payments, the termination of the contract for default, and
debarment and suspension of a contractor relative to failure to comply with the
clause at 1852.223-74. Causes for suspension
of contract payments, termination of the contract for default, and debarment
and suspension of the contractor are the following:
(a) The contractor fails to comply with
paragraph (b), (c), or (d) of the clause at 1852.223-74; or
(b) Such a number of contractor
employees in sensitive positions having been convicted of violations of
criminal drug statutes or substantial evidence of drug or alcohol abuse or
misuse occurring in the workplace, as to indicate that the contractor has
failed to make a good faith effort to provide a drug- and alcohol-free
workforce.
Responsibility, policy and procedures for NASA’s implementation of FAR 23.703 is described in NPG 8570.1, “Energy Efficiency and Water Conservation Technologies and Practices”.
Subpart 1823.10--Federal Compliance with
Right-to-Know Laws and Pollution Prevention Requirements
1823.1005 Contract clause.
(b) Use the clause with its Alternate I if the contract provides for contractor –
(1) Operation or maintenance of a NASA facility at which NASA has implemented or plans to implement an EMS, including, but not limited to the Jet Propulsion Laboratory and Michoud Assembly Facility; or
(2) Activities and operations –
(ii) The contracting officer and the
procurement request initiator shall determine whether the contractor’s activities
or operations are covered within the EMS, in cooperation with the facility’s
environmental office, and in accordance with NPG 8553.1, “NASA Environmental
Management System (EMS)” paragraph 1.2.c, and the local
(c) Use the clause with its Alternate II whenever Alternate I is used.
Subpart 1823.70--Safety and Health
1823.7001 NASA
solicitation provisions and contract clauses.
(a)
The clause at 1852.223-70, Safety and Health,
shall be included in all solicitations and contracts when one or more of the
following conditions exist:
(1) The work will be conducted completely or partly on premises owned or controlled by the Government.
(2) The work includes construction, alteration, or repair of facilities in excess of the simplified acquisition threshold.
(3) The work, regardless of place of performance, involves hazards that could endanger the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), or high value equipment or property, and the hazards are not adequately addressed by Occupational Safety and Health Administration (OSHA) or Department of Transportation (DOT) regulations (if applicable).
(4) When the assessed risk and consequences of a failure to properly manage and control the hazard(s) warrants use of the clause.
(b) The clause prescribed in paragraph (a) of this section may be excluded, regardless of place of performance, when the contracting officer, with the approval of the installation official(s) responsible for matters of safety and occupational health, determines that the application of OSHA and DOT regulations constitutes adequate safety and occupational health protection.
(c) The contracting officer shall insert the provision at 1852.223-73, Safety and Health Plan, in solicitations containing the clause at 1852.223-70. This provision may be modified to identify specific information that is to be included in the plan. After receiving the concurrence of the center safety and occupational health official(s), the contracting officer shall include the plan in any resulting contract. Insert the provision with its Alternate I, in Invitations for Bid containing the clause at 1852.223-70.
(d)(1)The
contracting officer shall insert the clause at 1852.223-75, Major Breach of Safety or
Security, in all solicitations and contracts with estimated values of $500,000
or more, unless waived at a level above the contracting officer with the
concurrence of the project manager and the installation official(s) responsible
for matters of security, export control, safety, and occupational health.
(2) Insert the
clause with its Alternate I if –
(i) The
solicitation or contract is with an educational or other nonprofit institution
and contains the termination clause at FAR 52.249-5; or
(ii) The
solicitation or contract is for commercial items and contains the clause at FAR 52.212-4.
(3) For
contracts with estimated values below $500,000, use of the clause is
optional.
(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).
Subpart 1823.71--Frequency
Authorization
1823.7101 Contract
clause.
The contracting officer shall
insert the clause at 1852.223-71, Frequency Authorization,
in solicitations and contracts calling for developing, producing, constructing,
testing, or operating a device for which a radio frequency authorization is
required.
1823.7102 Procedures.
The contracting officer shall obtain the necessary
frequency authorization and other procedural details from the installation's
spectrum manager.