DATE: April 9, 2002

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

SOURCE: Federal Register, April 9, 2002, Vol. 67, No. 68, page 17016

AGENCIES: National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: NASA is amending the NFS safety and occupational health coverage by revising the prescriptions for the Safety and Health solicitation provisions and contract clauses; removing references to the Service Contract Act and Walsh-Healey Public Contracts Act regulations and substituting references to the Occupational Safety and Health Act (OSHA) and Department of Transportation (DOT) regulations; and clarifying when a Safety and Health Plan is to be included in a contract or solicitation.

EDITOR'S NOTE: For more on the proposed rule, see the December 13, 2001, FEDERAL CONTRACTS DISPATCH "National Aeronautics and Space Administration Federal Acquisition Regulation (FAR) Supplement (NFS); Safety and Health."

EFFECTIVE DATE: April 9, 2002.

FOR FURTHER INFORMATION CONTACT: Jeff Cullen, 202-358-1784, e-mail: jcullen@hq.nasa.gov.

SUPPLEMENTAL INFORMATION: Since NASA contracts comprise approximately 80% of its budget, NASA recognizes that it is critically important that NASA contractors emphasize safety and occupational health to achieve mission success. NASA requires the inclusion of NFS 1852.223-70, NASA Safety and Health, and NFS 1852.223-73, Safety and Health Plan, in contracts that are greater than $1 million, involve construction, or have hazardous deliverable end items or operations. The clauses may be excluded when the Contracting Officer determines that the provisions of the Walsh-Healey Public Contracts Act or the Service Contract Act (if applicable) and their implementing regulations provide adequate safety and health protection.

On December 13, 2001, NASA published a proposed rule to make the following changes to the NFS:

One comment was received from industry, and it was supportive of the rule and did not recommended any changes. Therefore, NASA is finalizing the proposed rule without changes.

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

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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