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) 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. For other contracts, 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.
PART 1836
CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
TABLE OF CONTENTS
SUBPART 1836.2 SPECIAL
ASPECTS OF CONTRACTING FOR
CONSTRUCTION
1836.203 Government
estimate of construction costs.
1836.209 Construction
contracts with architect-engineer firms.
1836.213 Special
procedures for sealed bidding in construction contracting.
1836.213-3 Invitations
for bids.
1836.213-370 Additive and deductive items.
1836.213-4 Notice of Award.
SUBPART 1836.5 CONTRACT
CLAUSES
1836.513 Accident
prevention.
1836.570 NASA
solicitation provisions and contract clause.
SUBPART 1836.6
ARCHITECT-ENGINEER SERVICES
1836.602 Selection
of firms for architect-engineer contracts.
1836.602-1 Selection
criteria.
1836.602-2 Evaluation
boards.
1836.602-4 Selection
authority.
1836.602-5 Short selection
process for contracts not to exceed the simplified
acquisition
threshold.
1836.602-70 Selection
of architect-engineer for master planning.
1836.603 Collecting
data on and appraising firms' qualifications.
1836.605 Government
cost estimate for architect-engineer work.
SUBPART 1836.7 STANDARD AND OPTIONAL
FORMS FOR
CONTRACTING FOR CONSTRUCTION,
ARCHITECT-
ENGINEER SERVICES, AND DISMANTLING,
DEMOLITION, OR REMOVAL OF IMPROVEMENTS
1836.702 Forms
for use in contracting for architect-engineer services.
SUBPART
1836.70 PARTNERING
1836.7001
Definition.
1836.7002
General.
1836.7003
Policy.
1836.7004
NASA solicitation
provision and contract clause.
PART 1836
CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Subpart 1836.2--Special Aspects of Contracting for
Construction
1836.203 Government estimate of construction costs.
(c)(i) If
the acquisition is by sealed bidding, the contracting officer shall file a
sealed copy of the detailed Government estimate with the bids until bid
opening. After the bids are read and
recorded, the contracting officer shall read the estimate, and record it in the
same detail as the bids.
(ii)
If the acquisition is by negotiation, the contracting officer may
disclose the overall amount of the Government estimate after award upon request
of offerors.
1836.209
Construction contracts with architect-engineer firms.
(1)
Except as indicated in paragraph
(2) of this section, the Assistant Administrator for Procurement (Code HS) is
the approval authority.
(2)
A construction contract may be
awarded to the firm that designed the project (or its subsidiaries or
affiliates) if the contract is awarded on the basis of performance
specifications for the construction of a facility, and it requires the
contractor to furnish construction drawings, specifications, or site adaptation
drawings of the facility.
(3) In no case shall the firm that prepared the
drawings and specifications supervise and inspect, on behalf of the Government,
the construction of the facility involved.
1836.213 Special procedures for sealed bidding in construction
contracting.
1836.213-3
Invitations for bids.
1836.213-370
Additive and deductive items.
When it
appears that funds available for a project may be insufficient for all the
desired features of construction, the contracting officer may provide in the
invitation for bids for a first or base bid item covering the work generally as
specified and one or more additive or deductive bid items progressively adding
or omitting specified features of the work in a stated order of priority. In
such case, the contracting officer, before the opening of bids, shall record in
the contract file the amount of funds available for the project and determine
the low bidder and the items to be awarded in accordance with the provision at 1852.236-71, Additive or Deductive Items.
1836.213-4 Notice of Award.
(e) Contract delivery or performance schedules,
commencement of work, or notices to proceed shall not be expressed in terms of
a notice of award. (See 1814.408-1.)
Subpart 1836.5--Contract
Clauses
1836.513 Accident
prevention.
The contracting officer must insert the clause at 1852.223-70,
Safety and Health, in lieu of FAR clause 52.236-13, Accident Prevention, and
its Alternate I.
1836.570
NASA solicitation provisions and contract clause.
(a) The contracting officer shall insert the
provision at 1852.236-71,
Additive or Deductive Items, in invitations for bids for construction when it
is desired to add or deduct bid items to meet available funding.
(b) The contracting officer shall insert the
provision at 1852.236-72, Bids with Unit Prices, in invitations for bids
for construction when the invitation contemplates unit prices of items.
(c) The contracting officer shall insert the
clause at 1852.236-73, Hurricane Plan, in solicitations and contracts
for construction at sites that experience hurricanes.
(d) The contracting officer shall insert the
provision at 1852.236-74,
Magnitude of Requirement, in solicitations for construction. Insert the appropriate estimated dollar
range in accordance with FAR 36.204.
Subpart
1836.6--Architect-Engineer Services
1836.602 Selection of firms for architect-engineer contracts.
1836.602-1
Selection criteria.
(a)(2) The evaluation of specialized experience and
technical competence shall be limited to the immediately preceding ten years.
(a)(4) The evaluation of past performance shall be
limited to the immediately preceding ten years.
(a)(6) The architect-engineer selection board may also
establish evaluation criteria regarding the volume of work previously awarded
to the firm by NASA, with the object of effecting an equitable distribution of
contracts among qualified architect-engineer firms, including minority-owned
firms and firms that have not had prior NASA contracts.
1836.602-2 Evaluation boards.
(a) Installations shall establish an
architect-engineer selection board to be composed of the selection authority
and at least three voting members.
Membership shall at least include: one currently registered architect or
professional engineer, who shall serve as the board chairperson; an official
from the requiring office; if appropriate, a technical official familiar with
any unique subject matter critical to the requirement; and a procurement
official (a contracting officer, if feasible) as an ad hoc advisor to the
board. Where appropriate, the
procurement official may serve as a voting member. Non-Government employees
shall not be appointed as voting members.
1836.602-4
Selection authority.
(a) The selection authority shall be appointed in accordance
with installation procedures.
1836.602-5 Short selection process for contracts not to exceed
the simplified acquisition threshold.
The
procedures at FAR 36.602-5(a) or (b) may be used at the discretion of the selection
authority.
1836.602-70
Selection of architect-engineer
for master planning.
(a) Definition
of master plan. A
master plan is an integrated series of documents presenting in graphic,
narrative, and tabular form the present composition of the installation and the
plan for its orderly and comprehensive development to perform its various
missions in the most efficient and economical manner.
(b) Selection.
(1) Selection of an architect-engineer for
the development of a master plan in connection with the establishment of a new
NASA activity or installation shall be made by the Associate Administrator
having institutional responsibility.
The report of the architect-engineer selection board will be concurred
in at NASA Headquarters by the Assistant Administrator for Management Systems,
the Assistant Administrator for Procurement, the Chief Financial Officer, and
the General Counsel.
(2) The Assistant Administrator for
Management Systems shall be responsible for the architect-engineer selection
board report required by FAR
36.602-3(d) before presentation to
the Associate Administrator having institutional responsibility.
1836.603
Collecting data on and appraising firms' qualifications.
The
architect-engineer selection boards (see 1836.602-2) are designated as NASA's evaluation
boards for the purposes of FAR
36.603.
1836.605 Government cost estimate for architect-engineer work.
(b) The contracting officer may disclose the
overall amount of the Government estimate after award upon request of offerors.
Subpart 1836.7--Standard
and Optional Forms for Contracting for Construction, Architect-Engineer
Services, and Dismantling, Demolition, or Removal of Improvements
1836.702
Forms for use in contracting for architect-engineer services.
(a)(i) Instructions
for completing Standard Form 252, Architect-Engineer Contract, are as
follows:
(A) Block 5 - Project Title and Location. Include
a short description of the construction project and the estimated cost of
constructing the facilities for the project.
If the space provided is insufficient, include a more detailed
description in the contract's specification/work statement and identify the
location of the more detailed description in Block 10.
(B) Block 6 - Contract For (General description of
services to be provided). Include a brief description of the services
and state that they are fully set out in the specification/work statement. Clearly specify the date by which design services must be
completed. If supervision and
inspection services during construction are to be acquired, clearly specify the
date by which they must be completed and add a statement that the Government
may extend the period for their performance as provided in the Changes clause
of the contract.
(C) Block 7 - Contract Amount. If
the contract is for both design and supervision and inspection services, set
out the amounts for each effort separately.
(ii)
The services to be furnished by
an architect-engineer should be carefully defined during negotiation of the
contract and a statement of them inserted in the contract's specification/work
statement. The statement should clearly
and concisely set forth the nature and extent of the services and include any
special services, such as the nature and extent of subsurface exploration prior
to designing foundations. A similar
statement of supervision and inspection services should be inserted in the
specification/work statement if supervision and inspection services are to be
acquired.
Subpart 1836.70--Partnering
1836.7001 Definition.
"Partnering" means a
relationship of open communication and close cooperation that involves both
Government and Contractor personnel working together for the purpose of
establishing a mutually beneficial, proactive, cooperative environment within
which to achieve contract objectives and resolve issues and implementing
actions as required.
1836.7002 General.
(a) The establishment of a partnering environment
usually leads to higher quality products completed more quickly at lower
overall costs and with fewer accidents and litigation.
(b) The use of partnering is encouraged as it
has been shown to reduce the average contract cost and schedule growth and to
reduce contract claims and litigation.
(c) Partnering is a voluntary contract
relationship within the management process that is not to be used to
unofficially alter terms of the contract.
1836.7003 Policy.
(a) Partnering should be used on a contract when
the contracting officer, in coordination with the project manager, determines
that the benefits to be achieved from its use are expected to be greater than
the costs.
(b) In determining whether the benefits of
partnering are greater than the costs, the following factors should be
considered:
(1) The estimated dollar value of the
contract;
(2) The complexity of the work to be
performed;
(3) The contemplated length of the
contract; and
(4) The estimated costs to be incurred in
conducting the partnership development and team building initial and follow-up
workshops.
1836.7004 NASA solicitation provision and contract
clause.
The
contracting officer may insert a clause substantially the same as stated at 1852.236-75, Partnering for Construction
Contracts, in solicitations and contracts for construction, when it has been
determined in accordance with 1836.7003 that the benefits to be derived from
partnering exceed the costs.
(c) The
contractor hereby agrees to assist NASA in achieving this goal by using its
best efforts to award subcontracts to such entities to the fullest extent
consistent with efficient contract performance.
(d)
Contractors acting in good faith may rely on written representations by their
subcontractors regarding their status as small disadvantaged business concerns,
Historically Black Colleges and Universities, minority institutions, and
women-owned small business concerns.
(End of clause)
1852.219-77
NASA Mentor-Protégé Program.
As prescribed in 1819.7219(a), insert the
following clause:
NASA
MENTOR-PROTÉGÉ PROGRAM
(MAY 1999)
(a) Prime
contractors, including certain small businesses, are encouraged to participate
in the NASA Mentor-Protégé Program for the purpose of providing developmental assistance
to eligible protégé entities to enhance their capabilities and increase their
participation in NASA contracts.
(b) The
Program consists of:
(1) Mentor firms, which are
large prime contractors with at least one active subcontracting plan or
eligible small businesses;
(2) Protégés, which are
subcontractors to the prime contractor, include small disadvantaged business
concerns, women-owned small business concerns, Historically Black Colleges and Universities,
and minority institutions meeting the qualifications specified in NASA FAR
Supplement (NFS) 1819.7209.
(3) Mentor-protégé agreements,
approved by the NASA Office of Small and Disadvantaged Business Utilization
(OSDBU);
(4)
In contracts with award fee incentives, potential for payment of additional fee
for voluntary participation and successful performance in the Mentor-Protégé
Program.
(c)
Mentor participation in the Program, described in NFS 1819.72, means providing
technical, managerial and financial assistance to aid protégés in developing
requisite high-tech expertise and business systems to compete for and
successfully perform NASA contracts and
subcontracts.
(d)
Contractors interested in participating in the program are encouraged to
contact the NASA OSDBU, Washington, DC 20546, (202) 358-2088, for further
information.
(End of
clause)
1852.219-79 Mentor Requirements and
Evaluation.
As prescribed in 1819.7219(b), insert the
following clause:
MENTOR REQUIREMENTS AND EVALUATION
(MARCH 1999)
(a) The
purpose of the NASA Mentor-Protégé Program is for a NASA prime contractor to
provide developmental assistance to certain subcontractors qualifying as
protégés. Eligible protégés include
small disadvantaged business concerns, women-owned small business concerns,
Historically Black Colleges and Universities, and minority institutions meeting
the qualifications specified in NASA FAR Supplement (NFS) 1819.7209.
(b) NASA
will evaluate the contractor's performance on the following factors. If
this contract includes an award fee incentive, this assessment will be
accomplished as part of the fee evaluation process.
(1)
Specific actions taken by the contractor, during the evaluation period, to increase
the participation of protégés as subcontractors and suppliers;
(2)
Specific actions taken by the contractor during this evaluation period to
develop the technical and corporate administrative expertise of a protégé as
defined in the agreement;
(3)
To what extent the protégé has met the developmental objectives in the
agreement; and
(4)
To what extent the firm's participation in the Mentor-Protégé Program resulted
in the protégé receiving competitive contract(s) and subcontract(s) from
private firms and agencies other than the mentor.
(c)
Semi-annual reports shall be submitted by the mentor to the NASA Mentor-Protégé
program manager, NASA Headquarters OSDBU, to include information as outlined in
paragraph (b).
(d) The
mentor will notify the OSDBU and the contracting officer, in writing, at least
30 days in advance of the mentor firm's intent to voluntarily withdraw from the
program or upon receipt of a protégé’s notice to withdraw from the Program;
(e)
Mentor and protégé firms will submit a "lessons learned" evaluation
to the NASA OSDBU at the conclusion of the contract. At the end of each year in the Mentor-Protégé Program, the mentor
and protégé, as appropriate, will formally brief the NASA Mentor-Protégé
program manager, the technical program manager, and the contracting officer
during a formal program review regarding Program accomplishments as pertains to
the approved agreement.
(f) NASA
may terminate mentor-protégé agreements for good cause and exclude mentor or
protégé firms from participating in the NASA program. These actions shall be approved by the NASA OSDBU. NASA shall
terminate an agreement by delivering to the contractor a Notice specifying the
reason for termination and the effective date.
Termination of an agreement does not constitute a termination of the
subcontract between the mentor and the protégé. A plan for accomplishing the
subcontract effort should the agreement be terminated shall be submitted with
the agreement as required in NFS 1819.7213(h).
(End of
clause)
1852.223-70 Safety and Health.
As prescribed in 1823.7001(a), insert the
following clause:
SAFETY AND HEALTH
(APRIL 2002)
(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 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 Contractor shall immediately notify
and promptly report to the Contracting Officer or a designee any accident, incident, or
exposure resulting in fatality, lost-time occupational injury, occupational
disease, contamination of property beyond any stated acceptable limits set
forth in the contract Schedule; or property loss of $25,000 or more, or Close
Call (a situation or occurrence with no injury, no damage or only minor damage
(less than $1,000) but possesses the potential to cause any type mishap, or any
injury, damage, or negative mission impact) that may be of immediate interest
to NASA, arising out of work performed under this contract. The Contractor is not required to include in
any report an expression of opinion as to the fault or negligence of any
employee. In addition, service
contractors (excluding construction contracts) shall provide quarterly reports
specifying lost-time frequency rate, number of lost-time injuries, exposure, and
accident/incident dollar losses as specified in the contract Schedule.
(e) The Contractor shall investigate all
work-related incidents, accidents, and Close Calls, to the extent necessary to
determine their causes and furnish the Contracting Officer a report, in such
form as the Contracting Officer may require, of the investigative findings and
proposed or completed corrective actions.
(f)(1) The Contracting Officer may notify
the Contractor in writing of any noncompliance with this clause and specify
corrective actions to be taken. When
the Contracting Officer becomes aware of noncompliance that may pose a serious
or imminent danger to safety and health of the public, astronauts and pilots,
the NASA workforce (including contractor employees working on NASA contracts),
or high value mission critical equipment or property, the Contracting Officer
shall notify the Contractor orally, with written confirmation. The Contractor
shall promptly take and report any necessary corrective action.
(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 and
clauses, with appropriate changes of designations of the parties, in all
solicitations and subcontracts of every tier, 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
Contractor (or subcontractor or supplier) determines that the assessed risk and
consequences of a failure to properly manage and control the hazard(s) warrants
use of the clause.
(h) The Contractor (or subcontractor or
supplier) may exclude the provisions of paragraph (g) from its solicitation(s)
and subcontract(s) of every tier when it determines that the clause is not
necessary because the application of the OSHA and DOT (if applicable)
regulations constitute adequate safety and occupational health protection. When a determination is made to exclude the
provisions of paragraph (g) from a solicitation and subcontract, the Contractor
must notify and provide the basis for the determination to the Contracting
Officer. In subcontracts of every tier
above the micro-purchase threshold for which paragraph (g) does not apply, the
Contractor (or subcontractor or supplier) shall insert the substance of
paragraphs (a), (b), (c), and (f) of this clause).
(i) Authorized Government representatives of
the Contracting Officer shall have access to and the right to examine the sites
or areas where work under this contract is being performed in order to
determine the adequacy of the Contractor's safety and occupational health measures under this clause.
(j) The contractor shall continually update
the safety and health plan when
necessary. In particular, the Contractor shall furnish a list
of all hazardous operations to be performed, and a list of other major or key
operations required or planned in the performance of the contract, even though
not deemed hazardous by the Contractor. NASA and the Contractor shall jointly
decide which operations are to be considered hazardous, with NASA as the final
authority. Before hazardous operations
commence, the Contractor shall submit for NASA concurrence --
(1) Written hazardous operating procedures for all hazardous
operations; and/or
(2) Qualification standards for
personnel involved in hazardous operations.
(End of clause)
1852.223-71 Frequency Authorization.
As prescribed in 1823.7101, insert the
following clause:
FREQUENCY AUTHORIZATION
(DECEMBER 1988)
(a) Authorization of radio frequencies
required in support of this contract shall be obtained by the Contractor or
subcontractor in need thereof.
(b) For any experimental, developmental, or
operational equipment for which the appropriate frequency allocation has not
been made, the Contractor or subcontractor shall provide the technical
operating characteristics of the proposed electromagnetic radiating device to
the Contracting Officer during the initial planning, experimental, or
developmental phase of contractual performance. Procedures furnished by the Contracting Officer shall be followed
in obtaining radio frequency authorization.
(c) This clause, including this paragraph
(c), shall be included in all subcontracts that call for developing, producing,
testing, or operating a device for which a radio frequency authorization is
required.
(End of clause)
1852.223-72 Safety and Health (Short Form).
As prescribed
in 1823.7001(e), insert the following clause:
SAFETY AND HEALTH (SHORT FORM)
(APRIL 2002)
(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. In situations where the
Contracting Officer becomes aware of noncompliance that may pose a serious or
imminent danger to safety and health of the public, astronauts and pilots, the
NASA workforce (including Contractor employees working on NASA contracts), or
high value mission critical equipment or property, the Contracting Officer shall
notify the Contractor orally, with written confirmation. 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
(e) and any applicable Schedule provisions, with appropriate changes of
designations of the parties, in subcontracts of every tier that exceed the
micro-purchase threshold.
(End of clause)
1852.223-73 Safety and Health
Plan.
As prescribed in 1823.7001(c), insert the
following provision:
SAFETY AND HEALTH PLAN
(APRIL 2002)
(a) 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
shall 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.
(b) When
applicable, the plan shall address the policies, procedures, and techniques
that will be used to ensure the safety and occupational health of the public,
astronauts and pilots, the NASA workforce (including Contractor employees
working on NASA contracts), and high-value equipment and property.
(c) The plan shall similarly address subcontractor employee safety and
occupational health for those proposed subcontracts that contain one or more of
the following conditions:
(d) This plan, as approved by the Contracting Officer, will
be included in any resulting contract.
(End
of provision)
ALTERNATE I
(APRIL 2002)
As prescribed in 1823.7001(c), delete the
first sentence in paragraph (a) 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 Contracting Officer. Failure to submit an acceptable plan shall
make the bidder ineligible for the award of a contract.
1852.223-74 Drug- and alcohol-free workforce.
As prescribed in 1823.570-3, insert the
following clause:
DRUG- AND ALCOHOL-FREE WORKFORCE
(MARCH 1996)
(a) Definitions. As
used in this clause the terms "employee," "controlled
substance," "employee in a sensitive
position," and “use, in
violation of applicable law or Federal regulation, of alcohol” are as
defined in 48 CFR 1823.570-2.
(b)(1) The Contractor shall institute and
maintain a program for achieving a drug-and alcohol-free workforce. As a minimum, the program shall provide for
preemployment, reasonable suspicion, random, post-accident, and periodic
recurring (follow-up) testing of contractor employees in sensitive positions
for use, in violation of applicable law or Federal regulation, of alcohol or a
controlled substance. The Contractor
may establish its testing or rehabilitation program in cooperation with other
contractors or organizations.
(2) This clause neither prohibits nor
requires the Contractor to test employees in a foreign country. If the Contractor chooses to conduct such
testing, this clause does not authorize the Contractor to violate foreign law
in conducting such testing.
(3) The Contractor's program shall test
for the use of marijuana and cocaine.
The Contractor's program may test for the use of other controlled
substances.
(4) The Contractor's program shall
conform to the "Mandatory Guidelines for Federal Workplace Drug Testing
Programs" published by the Department of Health and Human Services (59 FR
29908, June 9, 1994) and the procedures in 49 CFR part 40, "Procedures for
Transportation Workplace Drug Testing Programs," in which references to
"DOT" shall be read as "NASA", and the split sample method
of collection shall be used.
(c)(1)
The Contractor's program shall provide, where appropriate, for the
suspension, disqualification, or dismissal of any employee in a sensitive
position in any instance where a test conducted and confirmed under the
Contractor's program indicates that such individual has used, in violation of
applicable law or Federal regulation, alcohol or a controlled substance.
(2) The Contractor's program shall
further prohibit any such individual from working in a sensitive position on a
NASA contract, unless such individual has completed a program of rehabilitation
described in paragraph (d) of this clause.
(3) The Contractor's program shall
further prohibit any such individual from working in any sensitive position on
a NASA contract if the individual is determined under the Contractor's program
to have used, in violation of applicable law or Federal regulation, alcohol or
a controlled substance and the individual meets any of the following criteria:
(i) The individual had undertaken or
completed a rehabilitation program described in paragraph (d) of this clause
prior to such use;
(ii) Following such determination,
the individual refuses to undertake such a rehabilitation program;
(iii) Following such determination,
the individual fails to complete such a rehabilitation program; or
(iv) The individual used a
controlled substance or alcohol while on duty.
(d) The Contractor shall institute and
maintain an appropriate rehabilitation program which shall, as a minimum,
provide for the identification and opportunity for treatment of employees whose
duties include responsibility for safety-sensitive, security, or National
security functions who are in need of assistance in resolving problems with the
use of alcohol or controlled substances.
(e) The requirements of this clause shall
take precedence over any state or local Government laws, rules, regulations,
ordinances, standards, or orders that are inconsistent with the requirements of
this clause.
(f) For any collective bargaining agreement,
the Contractor will negotiate the terms of its program with employee
representatives, as appropriate, under labor relations laws or negotiated
agreements. Such negotiation, however,
cannot change the requirements of this clause.
Employees covered under collective bargaining agreements will not be
subject to the requirements of this clause until those agreements have been
modified, as necessary; provided, however, that if one year after commencement
of negotiation the parties have failed to reach agreement, an impasse will be
determined to have been reached and the Contractor will unilaterally implement
the requirements of this clause.
(g) The Contractor shall insert a clause
containing all the terms of this clause, including this paragraph (g), in all
subcontracts in which work is performed by an employee in a sensitive position,
except subcontracts for commercial items (see FAR parts 2 and 12).
(End of clause)
1852.223-75 Major Breach of Safety or
Security.
As
prescribed in 1823.7001(d), insert the following clause:
MAJOR
BREACH OF SAFETY OR SECURITY
(FEBRUARY
2002)
(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. Safety is essential to
NASA and is a material part of this contract. 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. A major breach of safety may constitute a breach of
contract that entitles the Government to exercise any of its rights and
remedies applicable to material parts of this contract, including termination
for default. A major breach of safety
must be related directly to the work on the contract. A major breach of safety
is an act or omission of the Contractor that consists of an accident, incident,
or exposure resulting in a fatality or mission failure; or in damage to
equipment or property equal to or greater than $1 million; or in any
"willful" or "repeat" violation cited by the Occupational
Safety and Health Administration (OSHA) or by a state agency operating under an
OSHA approved plan.
(b) Security is the condition of safeguarding against espionage,
sabotage, crime (including computer crime), or attack. A major breach of security may constitute a
breach of contract that entitles the Government to exercise any of its rights
and remedies applicable to material parts of this contract, including
termination for default. A major breach
of security may occur on or off Government installations, but must be related
directly to the work on the contract. A
major breach of security is an act or omission by the Contractor that results
in compromise of classified information, illegal technology transfer, workplace
violence resulting in criminal conviction, sabotage, compromise or denial of
information technology services, equipment or property damage from vandalism
greater than $250,000, or theft greater than $250,000.
(c) In the event of a major breach of safety
or security, the Contractor shall report the breach to the Contracting
Officer. If directed by the Contracting
Officer, the Contractor shall conduct its own investigation and report the
results to the Government. The Contractor
shall cooperate with the Government investigation, if conducted.
(End of clause)
1852.225-8 Duty-Free Entry of Space
Articles.
As prescribed in 1825.1101(e), add the
following paragraph (k) to the basic clause at FAR 52.225-8:
(k)
The following supplies will be given duty-free entry:
[Insert the supplies that are to be accorded
duty-free entry.]
(End of addition)
1852.225-70 Export Licenses.
As prescribed in 1825.1103-70(b), insert the
following clause:
EXPORT LICENSES
(FEBRUARY 2000)
(a)
The Contractor shall comply with all U.S. export control laws and
regulations, including the International Traffic in Arms Regulations (ITAR), 22
CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15
CFR Parts 730 through 799, in the performance of this contract. In the absence of available license
exemptions/exceptions, the Contractor shall be responsible for obtaining the
appropriate licenses or other approvals, if required, for exports of hardware,
technical data, and software, or for the provision of technical assistance.
(b)
The Contractor shall be responsible for obtaining export licenses, if
required, before utilizing foreign persons in the performance of this contract,
including instances where the work is to be performed on-site at [insert name of NASA installation], where
the foreign person will have access to export-controlled technical data or
software.
(c)
The Contractor shall be responsible for all regulatory record keeping
requirements associated with the use of licenses and license
exemptions/exceptions.
(d)
The Contractor shall be responsible for ensuring that the provisions of
this clause apply to its subcontractors.
(End of clause)
