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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-104

###  October 14, 2004

# MISCELLANEOUS ADMINISTRATIVE REVISIONS

***BACKGROUND:*** NASA has modified its current practice for issuance
and maintenance of the NASA FAR Supplement (NFS) by only publishing in
the Federal Register those regulations which may have a significant
effect beyond the internal operating procedures of the Agency or have a
significant cost or administrative impact on contractors or offerors and
are subject to public comment. The NFS will continue to integrate into a
single document both regulations subject to public comment and internal
Agency guidance and procedures that do not require public comment. The
single official NASA-maintained version of the NFS is available on the
Internet. NASA personnel must comply with all regulatory and internal
guidance and procedures contained in the NFS.

The periodic review of the NFS conducted in concert with the above new
practice identified various administrative and editorial changes. In
addition to the changes required for completeness and understanding of
regulatory text, editorial and administrative changes are made to
internal guidance and procedures to update references and make
corrections.

***CLAUSE CHANGES:*** None.

***PARTS AFFECTED:*** Parts 1815, 1846, 1851, and 1852.

***REPLACEMENT PAGES:*** You may use the enclosed pages to replace 15:3,
15:4, 15:17, 15:18, 46:1, 46:2, 51:1, 51:2, 52:30.1, and 52:30.2 of the
NFS.

***TYPE OF RULE AND PUBLICATION DATES:*** These changes were published
as a final rule in the Federal Register on October 14, 2004 (69 FR
60967 - 60968).

***HEADQUARTERS CONTACT:*** Celeste Dalton, Contract Management Division
(ID010), (202) 358-1645, email: Celeste.M.Dalton@nasa.gov.

James A. Balinskas

Director, Contract Management Division

Enclosures

**DISTRIBUTION LIST:**

**PN List**

PART 1815

**CONTRACTING BY NEGOTIATION**

# Subpart 1815.1\--Source Selection Processes and Techniques

**1815.101 Best value continuum.**

When a written acquisition plan is not required by 1807.103, the
contracting officer must document in the contract file the source
selection approach and the rating method to be used, how they will be
used, and how these will result in selection of the best value to the
government.

#### Subpart 1815. 2\--Solicitation and Receipt of Proposals and Information

**1815.201 Exchanges with industry before receipt of proposals.**

(c)(6)**(A)** Except for acquisitions described in 1815.300-70(b)
contracting officers shall issue draft requests for proposals (DRFPs)
for all competitive negotiated acquisitions expected to exceed
\$10,000,000 (including all options or later phases of the same
project). DRFPs shall invite comments from potential offerors on all
aspects of the draft solicitation, including the requirements,
schedules, proposal instructions, and evaluation approaches. Potential
offerors should be specifically requested to identify unnecessary or
inefficient requirements. If the DRFP contains Government-unique
standards, potential offerors should be invited to identify voluntary
consensus standards that meet the Government\'s requirements as
alternatives to Government-unique standards cited as requirements, in
accordance with FAR 11.101 and OMB Circular A-119. Comments should also
be requested on any perceived safety, occupational health, security
(including information technology security), environmental, export
control, and/or other programmatic risk issues associated with
performance of the work. When considered appropriate, the statement of
work or the specifications may be issued in advance of other
solicitation sections.

**(B)** Contracting officers shall plan the acquisition schedule to
include adequate time for issuance of the DRFP, potential offeror review
and comment, and NASA evaluation and disposition of the comments.

**(C)** When issuing DRFPs, potential offerors should be advised that
the DRFP is not a solicitation and NASA is not requesting proposals.

**(D)** Whenever feasible, contracting officers should include a summary
of the disposition of significant DRFP comments with the final RFP.

**(E)** If performance-based payments are planned to be used in a
competitive negotiated acquisition, the DRFP shall request potential
offerors to suggest terms, including performance events or payment
criteria. Contracting officers shall use that information to establish a
common set of performance-based payments parameters in the formal RFP
when practicable.

**(F)** The procurement officer may waive the requirement for a DRFP
upon written determination that the expected benefits will not be
realized given the nature of the supply or service being acquired. The
DRFP shall not be waived because of poor or inadequate planning.

(f)**(i)** Upon release of the formal RFP, the contracting officer shall
direct all personnel associated with the acquisition to refrain from
communicating with prospective offerors and to refer all inquiries to
the contracting officer or other authorized representative. This
procedure is commonly known as a \"blackout notice\" and shall not be
imposed before release of the RFP.

The notice may be issued in any format (e.g., letter or electronic)
appropriate to the complexity of the acquisition.

**(ii)** Blackout notices are not intended to terminate all
communication with offerors. Contracting officers should continue to
provide information as long as it does not create an unfair competitive
advantage or reveal proprietary data.

**1815.203 Requests for proposals.**

**1815.203-70 Installation reviews.**

\(a\) Installations shall establish procedures to review all RFPs before
release. When appropriate given the complexity of the acquisition or the
number of offices involved in solicitation review, centers should
consider use of a single review meeting called a Solicitation Review
Board (SRB) as a streamlined alternative to the serial or sequential
coordination of the solicitation with reviewing offices. The SRB is a
meeting in which all offices having review and approval responsibilities
discuss the solicitation and their concerns. Actions assigned and
changes required by the SRB shall be documented.

\(b\) When source evaluation board (SEB) procedures are used in
accordance with 1815.370, the SEB shall review and approve the RFP prior
to issuance.

**1815.203-71 Headquarters reviews.**

For RFPs requiring Headquarters review and approval, the procurement
officer shall submit ten copies of the RFP to the Assistant
Administrator for Procurement (Code HS). Any significant information
relating to the RFP or the planned evaluation methodology omitted from
the RFP itself should also be provided.

**1815.203-72 Risk management.**

In all RFPs for supplies or services for which a technical proposal is
required, proposal instructions shall require offerors to identify and
discuss risk factors and issues throughout the proposal where they are
relevant, and describe their approach to managing these risks.

**1815.204 Contract format.**

**1815.204-2 Part I - The Schedule.**

\(c\) To the maximum extent practicable, requirements should be defined
as performance based specifications/statements of work that focus on
required outcomes or results, not methods of performance or processes.

**1815.204-5 Part IV - Representations and instructions.**

\(b\) The information required in proposals should be kept to the
minimum necessary for the source selection decision.

**1815.204-70 Page limitations.**

\(a\) Technical and contracting personnel will agree on page limitations
for their respective portions of an RFP. Unless approved in writing by
the procurement officer, the page limitation for the contracting portion
of an RFP (all sections except Section C, Description/

For Headquarters selections, the Office of General Counsel or designee
will prepare the statement.

**Subpart** **1815.4\--Contract Pricing**

**1815.403 Obtaining cost or pricing data.**

**1815.403-1 Prohibition on obtaining cost or pricing data.**

(b)(1) The adequate price competition exception is applicable to both
fixed-price and cost-reimbursement type acquisitions. Contracting
officers shall assume that all competitive acquisitions qualify for this
exception.

(c)(4) Waivers of the requirement for submission of cost or pricing data
shall be prepared in accordance with [**FAR
1.704**](http://www.arnet.gov/far/current/html/Subpart_1_7.html#1017613).
A copy of each waiver shall be sent to the Headquarters Office of
Procurement (Code HK).

**1815.403-170 Waivers of cost or pricing data.**

\(a\) NASA has waived the requirement for the submission of cost or
pricing data when

contracting with the Canadian Commercial Corporation (CCC). This waiver
applies to the CCC and its subcontractors. The CCC will provide
assurance of the fairness and reasonableness of the proposed price. This
assurance should be relied on; however, contracting officers shall
ensure that the appropriate level of information other than cost or
pricing data is submitted by subcontractors to support any required
proposal analysis, including a technical analysis and a cost realism
analysis. The CCC also will provide for follow-up audit activity to
ensure that any excess profits are found and refunded to NASA.

\(b\) NASA has waived the requirement for the submission of cost or
pricing data when contracting for Small Business Innovation Research
(SBIR) program Phase II contracts. However, contracting officers shall
ensure that the appropriate level of information other than cost or
pricing data is submitted to determine price reasonableness and cost
realism.

**1815.403-3 Requiring information other than cost or pricing data.**

\(b\) As indicated in 1815.403-1(b)(1), the adequate price competition
exception applies to all competitive acquisitions. For other than
firm-fixed-price competitions, only the minimum information other than
cost or pricing data necessary to ensure price reasonableness and assess
cost realism should be requested. For firm-fixed-price competitions, the
contracting officer shall not request any cost information, except as
required by FAR 22.1103, unless proposed prices appear unreasonable or
unrealistically low given the offeror's proposed approach and there are
concerns that the contractor may default.

**1815.403-4 Requiring cost or pricing data**.

(b)(2) If a certificate of current cost or pricing data is made
applicable as of a date other than the date of price agreement, the
agreed date should generally be within two weeks of the date of that
agreement.

**1815.404 Proposal analysis.**

**1815.404-2 Information to support proposal analysis.**

(a)(1)**(A)** A field pricing report consists of a technical report and
an audit report by the cognizant contract audit activity. Contracting
officers should request a technical report from the ACO only if NASA
resources are not available.

**(B)** When the required participation of the ACO or auditor involves
merely a verification of information, contracting officers should obtain
this verification from the cognizant office by telephone rather than
formal request of field pricing support.

**(C)** When the cost proposal is for a product of a follow-on nature,
contracting officers shall ensure that the following items, at a minimum
are considered: actuals incurred under the previous contract, learning
experience, technical and production analysis, and subcontract proposal
analysis. This information may be obtained through NASA resources or the
cognizant DCMA ACO or DCAA.

**(D)** Requests for field pricing assistance may be made on NASA Form
1434, Letter of Request for Pricing-Audit-Technical Evaluation Services.

**1815.404-4 Profit.**

(b)(1) **(i)*(a)*** The NASA structured approach for determining profit
or fee objectives, described in 1815.404-471 shall be used to determine
profit or fee objectives in the negotiation of contracts greater than or
equal to \$100,000 that use cost analysis and are:

***(1)*** Awarded on the basis of other than full and open competition
(see FAR 6.3);

***(2)*** Awarded under NASA Research Announcements (NRAs) and
Announcements of Opportunity (AO's); or

***(3)*** Awarded under the Small Business Innovative Research (SBIR) or
the Small Business Technology Transfer Research (STTR) programs.

***(b)*** The rate calculated for the basic contract may only be used on
actions under a negotiated contract when the conditions affecting profit
or fee do not change.

***(c)*** Although specific agreement on the applied weights or values
for individual profit or fee factors shall not be attempted, the
contracting officer may encourage the contractor to --

***(1)*** Present the details of its proposed profit amounts in the
structured approach format or similar structured approach; and

***(2)*** Use the structured approach method in developing profit or fee
objectives for negotiated subcontracts.

***(ii)*** The use of the NASA structured approach for profit or fee is
not required for:

***(a)*** Architect-engineer contracts;

***(b)*** Management contracts for operation and/or maintenance of
Government facilities;

***(c)*** Construction contracts;

***(d)*** Contracts primarily requiring delivery of materials supplied
by subcontractors;

***(e)*** Termination settlements; and

***(f)*** Contracts having unusual pricing situations when the
procurement officer determines in writing that the structured approach
is unsuitable.

(c)(2) Contracting officers shall document the profit or fee analysis in
the contract file.

**1815.404-470 NASA Form 634.**

NASA Form (NF) 634 shall be used in performing the analysis necessary to
develop profit or fee objectives.

**1815.404-471 NASA structured approach for profit or fee objective.**

PART 1846

# QUALITY ASSURANCE

**TABLE OF CONTENTS**

1846.000 Scope of part.

**SUBPART 1846.3 CONTRACT CLAUSES**

1846.370 NASA contract clauses.

**SUBPART 1846.4 GOVERNMENT CONTRACT QUALITY ASSURANCE**

1846.401 General.

1846.470 Contract clause.

**SUBPART 1846.6 MATERIAL INSPECTION AND** **RECEIVING REPORTS**

1846.670 Introduction.

1846.670-1 General.

1846.670-2 Applicability.

1846.670-3 Use.

1846.670-4 Multiple shipments.

1846.670-5 Forms.

1846.671 Contract quality assurance on shipments between contractors.

1846.672 Preparing DD Forms 250 and 250c.

1846.672-1 Preparation instructions.

1846.672-2 Consolidated shipments.

1846.672-3 Multiple consignee instructions.

1846.672-4 Correction instructions.

1846.672-5 Invoice instructions.

1846.672-6 Packing list instructions.

1846.672-7 Receiving instructions.

1846.673 Distribution of DD Forms 250 and 250c.

1846.674 Contract clause.

**SUBPART 1846.7 WARRANTIES**

1846.703 Criteria for use of warranties.

1846.703-70 Additional criteria.

1846.704 Authority for use of warranties.

1846.770 Administration.

**PART 1846**

# QUALITY ASSURANCE

**1846.000 Scope of part.**

The Government has a duty to assure that appropriated funds are spent
wisely. That duty is fulfilled in part through surveillance.
Surveillance may be conducted through \"insight\" (i.e., monitoring of
selected metrics and/or milestones) or \"oversight\" (i.e., Government
review and concurrence with contractor decisions). The decision to use
insight or oversight is based on an assessment of the risk inherent in
the activity being surveilled. Surveillance must be conducted whether or
not the contract effort has been structured as performance-based.

**Subpart** **1846.3\--Contract Clauses**

**1846.370 NASA contract clauses.**

\(a\) The contracting officer shall insert the clause at 1852.246-70,
Mission Critical Space System Per­sonnel Reliability Pro­gram, in
solicita­tions and contracts involv­ing critical positions designated in
accordance with 14 CFR 1214.5, Mission Critical Space System Personnel
Reliability Program.

\(b\) The contracting officer shall insert the clause at 1852.246-73,
Human Space Flight Item, in solicita­tions and contracts for human space
flight hardware and flight-related equipment if the highest available
quality standards are necessary to ensure astronaut safety.

**Subpart 1846.4\--Government Contract Quality Assurance**

**1846.401 General.**

\(a\) The quality assurance surveillance plan (QASP) which the project
office prepares in conjunction with the statement of work is
preliminary. It reflects the Government\'s surveillance approach
relative to the perceived programmatic risk, and is written at a general
rather than specific level because the risks will not be completely
identified at that time. After contract award, contracting officers
shall ensure that the QASP is revised to reflect the risks associated
with the successful proposal. This final QASP shall not be included in
the contract, but should be periodically reviewed to ensure its
currency.

**1846.470 Contract clause.**

The contracting officer may insert a clause substantially as stated at
1852.246-71, Government Contract Quality Assurance Functions, in
solicitations and contracts to specify the location(s) of quality
assurance functions.

**Subpart** **1846.6\--Material Inspection and Receiving Reports**

**1846.670  Introduction.**

**1846.670-1 General.**

\(a\) This subpart contains procedures and instruc­tions for use of the
Material Inspection and Receiving Report (MIRR) (DD Form 250 series).

\(b\) MIRRs are used to document contract quality assurance (CQA),
accep­tance and com­mercial shipping/packing lists used to evidence
Government contract quality of sup­plies and services, and shipments.
MIRRs are not used for \--

PART 1851

# USE OF GOVERNMENT SOURCES BY CONTRACTORS

**TABLE OF CONTENTS**

**SUBPART 1851.1 CONTRACTOR USE OF GOVERNMENT SUPPLY**

**SOURCES**

1851.102 Authorization to use Government supply sources.

1851.102-70 Contractor acquisition of filing cabinets.

**SUBPART 1851.2 CONTRACTOR USE OF INTERAGENCY FLEET**

**MANAGEMENT SYSTEM (IFMS) VEHICLES**

1851.202 Authorization.

1851.205 Contract clause.

**PART 1851**

**USE OF GOVERNMENT SOURCES BY CONTRACTORS**

**Subpart** **1851.1\--Contractor Use of Government Supply Sources**

**1851.102 Authorization** **to** **use** **Government supply**
**sources.**

\(e\) The contracting officer shall use substantially the following
format for letters authorizing contractor use of Government supply
sources:

**SUBJECT:** Authorization to Lease, Rent, or Purchase from General
Services Administration (GSA) Supply Sources

(Contractor\'s name) [              ]{.underline}

(Address) [                        ]{.underline}

\(1\) You are hereby authorized to act for the Government in the
following matters:

\(i\) The acquisition of supplies and/or services under Contract
No. [        ]{.underline} available for purchase by Government agencies
either directly from GSA stock or under Federal Supply Schedules subject
to the limitations set forth in this authorization.

\(ii\) The leasing or rental of equipment for use on Contract
No. [        ]{.underline}  available for lease or rental by Government
agencies under Federal Supply Schedules subject to the limitations set
forth in this authorization.

\(iii\) The issuance of tax exemption certificates in lieu of the
payment of State or other taxes for which the Government is not liable
on supplies or services purchased under this authorization.

(2)(i) Purchase orders under GSA schedules and contracts shall be placed
in accordance with the terms and conditions of the GSA schedule or
contract and this authorization. A copy of this authorization shall be
attached to the order (unless a copy was previously furnished to the GSA
contractor) and shall contain the following statement:

> "This order is placed on behalf of the National Aeronautics and Space
> Administration in furtherance of United States Government Contract
> No. [              ]{.underline} , pursuant to written authorization
> dated [        ]{.underline} , a copy of which (is attached) (you have
> on file). In the event of any inconsistency between the terms and
> conditions of this order and those of the applicable GSA
> schedule/contract, the latter will govern."

\(ii\) Orders for items in the GSA Supply Catalog shall be placed in
accordance with the Catalog and this authorization and shall include the
address to which billings are to be sent. Bills are not issued by GSA
until after shipment has been made and should therefore be paid
promptly. Any necessary adjustments will be made by GSA subsequent to
payment. All orders shall contain the following statement:

> "This order is placed on behalf of the National Aeronautics and Space
> Administration in furtherance of United States Government Contract No.
> [\_\_\_\_\_\_\_\_\_\_\_]{.underline}, pursuant to written
> authorization dated [       ]{.underline} , a copy of which (is
> attached) (you have on file)."

\(3\) (Insert any other provisions and restrictions.)

\(4\) The authority hereby granted is not transferable or assignable.

[                ]{.underline}

(Contracting Officer)

(e)(3) Contracting officers shall use NHB 4100.1, NASA Materials
Inventory Management Manual, to obtain activity address codes to enable
use of FEDSTRIP and MILSTRIP.

**1851.102-70 Contractor acquisition of** **filing cabinets.**

\(a\) The Contracting officer must approve any planned contractor
acquisition of filing cabinets whose title will vest in the Government.
The contracting officer shall ensure that the contractor takes the
following actions before submitting a request for approval:

\(1\) Transfer inactive records to contractor storage areas;

\(2\) Dispose of unnecessary records in accordance with corporate
procedures;

\(3\) Use less expensive shelf filing methods; and

\(4\) Take other actions to reduce the need for filing cabinets.

\(b\) If after taking the actions in paragraphs (a)(1) through (4) of
this section, the contractor requires additional filing capacity, it
shall submit for contracting officer approval a request to order filing
cabinets. This request shall include a discussion of why sufficient
additional filing capacity is necessary and shall address the results of
the actions in paragraphs (a)(1) through (4) of this section. The
contracting officer shall review the request in consultation with the
Records Management Officer, the Property and Supply Officer, and the
project officer, if appropriate.

\(c\) If the need for filing cabinets is approved, the contracting
officer shall attempt to fill the need by providing any available excess
items of the type required through appropriate property accountability
channels. Approved requests that cannot be filled from excess shall be
returned to the contractor with an authorization to obtain file
cabinets, preferably through GSA.

\(b\) 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 1823.570-2, 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.