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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: April 5, 2001

SUBJECT: National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Safety and Health (Short Form)

SOURCE: Federal Register, April 5, 2001, Vol. 66, No. 66, page 18051

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Interim Rule

SYNOPSIS: NASA is adding 1852.223-72, Safety and Health (Short Form), to require contractors to take all reasonable safety and occupational health measures in contracts above the $2,500 micro-purchase threshold. Also, NASA is amending other existing safety and health clauses to make them consistent with new NFS 1852.223-72, and adds an Alternate I to NFS 1852.223-73, Safety and Health Plan, to address submission of safety and health plans under Invitations for Bids (IFBs).

DATES: The interim rule is effective May 7, 2001, and applies to solicitations issued on or after that date.

Comments on the interim rule should be submitted on or before June 4, 2001.

ADDRESSES: Submit written comments to Jeff Cullen, NASA Headquarters Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546, or by e-mail to: jcullen@hq.nasa.gov.

FOR FURTHER INFORMATION CONTACT: Jeff Cullen, 202-358-1784.

SUPPLEMENTAL INFORMATION: NASA contracts account for approximately 80% of its budget. For NASA to achieve mission success, NASA contractors must emphasize safety and occupational health. While the existing NASA Safety and Health clause at NFS 1852.223-70 applies to high-risk contracts and many contracts over $1,000,000, NASA has many other contracts that are also critical to NASA achieving its mission. Therefore, this interim rule adds NFS 1852.223-72 to address safety and occupational health in all of its contracts above the micro-purchase threshold where NFS 1852.223-70 does not apply. The clause requires contractors to "take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract," and to "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." It also defines NASA's safety priority 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."

The contractor is to take "any other safety, and occupational health measures the contracting officer may reasonably direct." The contracting officer may notify the contractor of any noncompliance with this clause and specify corrective actions. The contractor must promptly take and report any necessary corrective action, or the government may pursue appropriate remedies.

Contractors and subcontractors are to include this clause in all subcontracts of every tier that exceed the micro-purchase threshold.

In addition, the following other clauses are revised:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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