![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-70

> **April 9, 2002**

## SAFETY AND HEALTH

***BACKGROUND:*** This PN revises 1823.7001, NASA solicitation
provisions and contract clauses for safety and health; 1836.513,
Accident Prevention; 1852.223-70, Safety and Health; 1852.223-72, Safety
and Health (Short Form); and 1852.223-73, Safety and Health Plan.

NASA FAR Supplement 1823.7001 had required the inclusion of the NASA
Safety and Health clause and submission of a contractor Safety and
Health Plan for solicitations and contracts that were greater than \$1
million, involve construction, or have hazardous deliverable end items
or operations. Exclusion of the clause had been allowed when the
Contracting Officer determined that Walsh-Healey or Service Contract Act
(if applicable) regulations constituted adequate safety and health
protection. This NFS change removes the dollar threshold from the Safety
and Health clause prescription since safety and health requirements
should be determined by the risks rather than cost of the contract
requirements. Also, to assure that contractors are held to the same
standards for mishap prevention as the Government, the revised guidance
requires use of a Safety and Health clause and submission of a Safety
and Health Plan when performance is on a Government facility or when
assessed risk warrants inclusion. This NFS change also revises the
conditions that must be met for excluding the clause from contracts,
reflecting the greater Government and industry use of Occupational
Safety and Health Administration (OSHA) and Department of Transportation
(DOT), rather than Walsh-Healey or Service Contract Act (SCA) safety and
health regulations, and includes new guidance on use of the NASA Safety
and Health clause instead of the FAR Accident Prevention clause for
construction contracts above the simplified acquisition threshold.
Furthermore, this NFS change makes the requirements for use of the NASA
Safety and Health clause for subcontracts consistent with prime contract
requirements.

Editorial changes are made in 1836 to change "Associate Administrator"
to "Assistant Administrator" where appropriate.

***ACQUISITIONS AFFECTED BY CHANGES*:** All solicitations and contracts
above the micro-purchase threshold.

***ACTION REQUIRED BY CONTRACTING OFFICERS***: For all solicitations and
contracts above the micro-purchase threshold issued after April 9, 2002,
1823.7001 must be reviewed and the appropriate contract clauses (revised
1852.223-70 or revised 1852.223-72) must be included. When a
solicitation issued after April 9, 2002 contains the revised
1852.223-70, the associated revised provision 1852.223-73, Safety and
Health Plan must also be included.

For construction solicitations or contracts issued after April 9, 2002,
the revised clause 1852.223-70 must be used in lieu of FAR clause
52.236-13, Accident Prevention, and its Alternate I.

Solicitations issued before April 9, 2002, may be amended to include the
appropriate revised clauses and provision if including them would not
unduly delay the acquisition.

***Clause/PROVISION Changes:*** This PN makes the following changes:

\(a\) 1852.223-70, Safety and Health, paragraph (f)(1) amended to
provide for oral notification of contractor non-compliance with this
clause in cases of serious or imminent danger; paragraphs (g)(1-3)
revised and new paragraphs (g)(4) and (h) added to revise the
subcontractor safety and health requirements; and previous paragraphs
(h) and (i) redesignated as (i) and (j);

\(b\) 1852.223-72, Safety and Health (Short Form), paragraph (d) amended
to allow for oral notification of contractor non-compliance with this
clause in cases of serious or imminent danger;

\(c\) 1852.223-73, Safety and Health Plan, text replaced by paragraphs
(a)-(d) to revise the subcontractor safety and health requirements.

***PARTS AFFECTED:*** Changes are made in Parts 1823, 1836, and 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 23:3,
Part 36, 52:27, 52:28, 52:29, 52:30, 52:30.1, 52:30.2, 52:30.3, 52:30.4,
52:30.5 (added), 52-93, and 52-94.

***TYPE OF RULE AND PUBLICATION DATE:*** This PN was published as a
final rule in the Federal Register (67 FR17016-17017) on April 9, 2002.

***HEADQUARTERS CONTACT:*** Jeff Cullen, Code HK, (202) 358-1784,
e-mail: jcullen@hq.nasa.gov.

R. Scott Thompson

Director, Contract Management Division

Enclosures

**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:

\(1\) 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

hazards warrants use of the clause.

\(d\) 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)**

## ALTERNATE I

**(FEBRUARY 2000)**

As prescribed in 1825.1103-70(b), add the following paragraph (e) as
Alternate I to the clause:

\(e\) The Contractor may request, in writing, that the Contracting
Officer authorize it to export ITAR-controlled technical data (including
software) pursuant to the exemption at 22 CFR 125.4(b)(3). The
Contracting Officer or designated representative may authorize or direct
the use of the exemption where the data does not disclose details of the
design, development, production, or manufacture of any defense article.