NFS part 1823

PART 1823

ENVIRONMENT, CONSERVATION,

OCCUPATIONAL SAFETY,

AND DRUG-FREE WORKPLACE

SUBPART 1823.1

POLLUTION CONTROL AND

CLEAN AIR AND WATER

1823.106 Delaying award.

All notifications initiated by the contracting officer under FAR 23.106 shall be submitted to EPA through the Procurement Officer and the Associate Administrator for Procurement, NASA Headquarters (Code HS).

1823.107 Compliance responsibilities.

Notifications under FAR 23.107 shall be submitted through the same channels as under 1823.106.

SUBPART 1823.3

HAZARDOUS MATERIAL

IDENTIFICATION

AND MATERIAL SAFETY DATA

1823.302 Policy.

As authorized under FAR 23.302(c)(2), NASA has designated electro-sensitive initiating devices (squibs) a "potentially hazardous" item requiring safety controls.

1823.303 Contract clause.

1823.303-70 NASA clause.

The contracting officer shall insert the clause at 1852.223-72, Potentially Hazardous Items, in solicitations and contracts involving potentially hazardous items or components. Identify in the clause the potentially hazardous items or components.

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 and by the clause at FAR 52.223-3.

SUBPART 1823.70

SAFETY AND HEALTH

1823.7000 Scope of subpart.

This subpart sets forth NASA's safety and health policy, assignment of responsibilities, and requirements relating to its contractors.

1823.7001 Policy.

Contractors and subcontractors shall perform in a safety-and-health-conscious environment that, within the limits of controllable hazards, will --

(a) Protect the life, health, and physical well-being of NASA and contractor employees during their work on NASA programs;

(b) Ensure proper protection of the public from hazards incident to operations of NASA contractors and subcontractors;

(c) Avoid accidental work interruptions that could delay NASA programs;

(d) Prevent contamination of, damage to, and loss of property, supplies, and equipment;

(e) Provide data from which risks and loss factors in space technology related to NASA programs can be accumulated and evaluated; and

(f) Comply with applicable regulations, standards, and guides.

1823.7002 Responsibility.

(a) Originators of procurement requests. In accordance with installation safety and health screening criteria, originators of procurement requests shall ensure that requests involving safety or

health considerations are processed through the appropriate installation safety officials and occupational health officials or other designated responsible officials for (1) determining whether hazards are involved in the procurement, (2) formulating or selecting specific safety and health provisions applicable to the procurement in accordance with FAR Subpart 23.3 and applicable NASA instructions, and (3) determining to what extent a contractor safety and health plan will be required.

(b) Installation safety officials, occupational health officials, or other designated responsible officials. The appropriate installation safety and health officials, within their respective areas of responsibility, shall advise and assist the contracting officer in--

(1) Evaluating prospective contractors' safety and health programs;

(2) Determining to what extent safety and health provisions, if any, should be included in the proposed procurement;

(3) Assigning the specific safety and environmental health provisions to be included in the contract Schedule;

(4) Determining, in coordination with the cognizant program or project manager, the need for and adequacy of contractors' safety and health plans;

(5) Assigning the specific occupational medicine provisions to be included in the contract Schedule;

(6) Determining the extent and form of accident or incident reports required of contractors in compliance with the Federal Reports Act of 1942 and NASA reporting requirements;

(7) Requesting inspections of NASA contractors by representatives of the Occupational Safety and Health Administration (OSHA) when appropriate; and

(8) Reviewing contractor hazardous operations procedures and certification requirements.

(c) Headquarters occupational health official. At installations where medical and environmental health officers or other designated responsible officials are not available to assist with the formulation of occupational medicine and environmental health provisions of a contract, the Director, Occupational Health and Medicine Division, NASA Headquarters (Code UO), shall assume this responsibility.

(d) Contracting officer.

(1) The contracting officer shall obtain advice, assistance, recommendations, and applicable requirements from the appropriate safety and health officials before issuing any solicitation for --

(i) Construction, modification, or demolition of facilities on Government installations;

(ii) Manufacture of aerospace systems, including such items as power units, energy systems, boosters, engines, liquid and solid fuels, oxidizers, and propellants;

(iii) Transportation of fuels, oxidizers, hazardous chemicals, or other hazardous or regulated materials;

(iv) Research, development, or test of engines, related components and propellants involving hazardous operations or the use of hazardous or regulated materials;

(v) Services on Government installations involving hazardous operations or the use of hazardous or regulated materials;

(vi) Operations involving the use of or exposure to potential health hazards (e.g., asbestos, polychlorinated biphenyls (PCB's)), confined space entries, use of hazardous materials, or potential contamination of property or pollution of air, water, vegetation, or soil;

(vii) Activities that may (by either direct or secondary effect) adversely affect the work environment by the use of ionizing radiation, microwaves, noise,

lasers, ultraviolet, or infrared sources; or

(viii) Operations necessitating exposures in neutral buoyancy or hyperbaric chambers and operations related to them.

(2) Before issuing a stop-work order under subparagraph (d)(2) of the Safety and Health clause at 1852.223-70, the contracting officer shall effect coordination with the appropriate safety and health officials and with the cognizant program or project manager.

1823.7003 Hazardous operations.

Hazardous operations are those involving the use of, or handling of, hazardous materials or other materials, phenomena, or elements at abnormal environmental or physical parameters that could result in injury, illness, or property damage if special precautions are not followed (e.g., high-pressure gas operations in excess of 150 pounds per square inch gauge, low-pressure high-volume gas operations, voltages above 550 volts, storage or handling of propellants or explosives, use of "heavy lift" material handling equipment, high- or low-temperature environments, environments with less than 19.5 percent or more than 25 percent oxygen by volume at normal atmospheric pressure, reduced gravity, radiation, or excessive noise).

1823.7004 Contract clause.

(a) Specific system safety requirements to be included in the contract for the purpose of procuring system safety engineering services shall be defined in the contract Schedule in accordance with applicable NASA instructions.

(b) Any unique facility safety or health requirements that are in addition to the general requirements of the clause at 1852.223-70, Safety and Health, shall be prescribed as required by 1823.7002(b)(3).

(c) Except as provided in paragraph (d) below, the clause at 1852.223-70 shall be included in--

(1) All negotiated contracts of $1,000,000 or more, unless the contracting officer makes a written determination in accordance with 1823.7002(b)(2) that, under the circumstances of the procurement, the clause is not necessary;

(2) All construction, repair, or alteration contracts in excess of $25,000;

(3) All contracts having, within their total requirement, construction, repair, or alteration tasks in excess of $25,000; and

(4) Any procurement regardless of dollar amount when (i) any deliverable contract end item is of a hazardous nature, or (ii) during the life of the contract it can reasonably be expected that hazards will be generated within the operational environment and the contracting officer determines that they warrant inclusion of the clause.

(d) The clause prescribed in paragraph (c) above may be excluded from any contract subject to the Walsh-Healey Public Contracts Act (see FAR Subpart 22.6) or the Service Contract Act of 1965 (see FAR Subpart 22.10) in which the application of the act and its implementing regulations constitute adequate safety and health protection. However, the clause should not be excluded without approval of the appropriate safety and health official.

(e) The contracting officer shall insert the provision at 1852.223-73, Safety and Health Plan, in solicitations containing the clause at 1852.223-70, when a Safety and Health Plan is to be submitted with the offeror's proposal. This clause may be modified to identify specific information that is to be included in the plan. The contracting officer shall include the plan, as approved by the contracting officer, in any resulting contract. See 1852.223-70.

(f) When the installation safety/health officials recommend that a Safety and Health Plan be submitted by the apparently successful offeror after notification of selection but before contract award, the provision at 1852.223-73 shall be used with its Alternate I.

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.