PART 1823\
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES,
OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

**TABLE OF CONTENTS**

## 

## SUBPART 1823.2 ENERGY AND WATER EFFICIENT AND

##  RENEWABLE ENERGY

1823.203 Energy-efficient products.

1823.270 Federal fleet and transportation efficiency.

1823.271 NASA Solicitation provision and contract clause.

**SUBPART [1823.3](#P49_1226)** **HAZARDOUS MATERIAL IDENTIFICATION
AND**\
**                                          MATERIAL SAFETY DATA**\
1823.370                Acquisition of potentially hazardous items from
or through\
                                          another Government agency.

## SUBPART 1823.4 USE OF RECOVERED MATERIALS

1823.404 Agency affirmative procurement programs.

**SUBPART [1823.5](#P55_1610)  DRUG-FREE WORKPLACE**\
1823.570 Drug-and alcohol-free workforce.\
1823.570-1             Definitions.\
1823.570-2             Contract clause.\
1823.570-3             Suspension of payments, termination of contract,
and\
                                          debarment and suspension
actions.

## SUBPART 1823.7 CONTRACTING FOR ENVIRONMENTALLY

##  PREFERABLE PRODUCTS AND SERVICES 

1823.703 Policy.

SUBPART
[1823.10](http://www.hq.nasa.gov/office/procurement/regs/1823.doc#23_10)
FEDERAL COMPLIANCE WITH RIGHT-TO-KNOW

LAWS AND POLLUTION PREVENTION

REQUIREMENTS

1823.1005 Contract clause.

**SUBPART [1823.70](#P77_4939)   SAFETY AND HEALTH**\
1823.7001 NASA solicitation provisions and contract clauses.

**SUBPART [1823.71](#P93_7049)  FREQUENCY AUTHORIZATION**\
1823.7101              Contract clause.\
1823.7102              Procedures.

PART 1823\
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES,
OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

## Subpart 1823.2\--Energy and Water Efficiency and Renewable Energy

1823.203 Energy-efficient products.

Responsibility, policy and procedures for NASA's implementation of [FAR
23.203](http://www.arnet.gov/far/current/html/Subpart 23_html#wp1-8-563.html),
including cost-effectiveness, are described in NPR 8570.1, "Energy
Efficiency and Water Conservation Technologies and Practices."

**1823.270 Federal fleet and transportation efficiency.**

Responsibility, policy and procedures for NASA's implementation of
Executive Order 13149, "Greening the Government through Federal Fleet
and Transportation Efficiency", including cost-effectiveness, are
described in NPR 6200.1, "NASA Transportation and General Traffic
Management."

**1823.271 NASA Solicitation provision and contract clause.**

Insert the clause at 1852.223-76, Federal Automotive Statistical Tool
Reporting, in solicitations and contracts requiring contractor operation
of Government-owned or --leased motor vehicles, including, but not
limited to, interagency fleet management system (IFMS) vehicles
authorized in accordance with FAR 51.2.

Subpart []{#P49_1226 .anchor}1823.3\--Hazardous Material Identification\
and Material Safety Data

**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**](http://www.arnet.gov/far/current/html/FARTOCP08.html#wp226853)
and [**FAR Subpart
17.5**](http://www.arnet.gov/far/current/html/Subpart 17_5.html#wp1076801)),
NASA shall request that agency to furnish NASA the data required
by [**FAR Subpart
23.3**](http://www.arnet.gov/far/current/html/Subpart 23_html).

## Subpart 1823.4\--Use of Recovered Materials

1823.404 Agency affirmative procurement programs.

NASA's affirmative procurement program is described in the Affirmative
Procurement Plan for Environmentally Preferable Products (NPR 8530.1).

**Subpart **[]{#P55_1610 .anchor}**1823.5\--Drug-Free Workplace**

**1823.570  Drug-and alcohol-free workforce.**

This section sets forth NASA requirements for mandatory drug and alcohol
testing of certain contractor personnel under section 203, National
Aeronautics and Space Act of 1958, as amended, 42 U.S.C. 2473, 72 Stat.
429; and Civil Space Employee Testing Act of 1991, Public Law 102-195,
sec. 21, 105 Stat. 1616 to 1619.

**1823.570-1  Definitions.**\
As used in this subpart **employee** and **controlled substance** are as
defined in [**FAR
23.503**](http://www.arnet.gov/far/current/html/Subpart 23_5.html#1086870).
The use of a controlled substance in accordance with the terms of a
valid prescription, or other uses authorized by law shall not be subject
to the requirements of 1823.570 to 1823.570-3 and the clause at
[**1852.223-74**](../../../../../../../../procurement/regs/5217-25.htm#1852.223-74).\
**  \"Employee in a sensitive position\"** means a contractor or
subcontractor employee who has been granted access to classified
information; a contractor or subcontractor employee in other positions
that the contractor or subcontractor determines could reasonably be
expected to affect safety, security, National security, or functions
other than the foregoing requiring a high degree of trust and
confidence; and includes any employee performing in a position
designated \"mission critical\" pursuant to the clause
at [**1852.246-70**](../../../../../../../../procurement/regs/5245-end.htm#1852.246-70).
The term also includes any applicant who is interviewed for a position
described in this paragraph.\
**  \"Use, in violation of applicable law or Federal regulation, of
alcohol\"** includes having, while on duty or during a preemployment
interview, an alcohol concentration of 0.04 percent by weight or more in
the blood, as measured by chemical test of the individual\'s breath or
blood. An individual\'s refusal to submit to such test is presumptive
evidence of use, in violation of applicable law or Federal regulation,
of alcohol.

**1823.570-2  Contract clause.**\
  The contracting officer shall insert the clause at 1852.223-74,
\"Drug- and Alcohol-Free Workforce,\" in all solicitations and contracts
containing the clause at 1852.246-70, \"Mission Critical Space Systems
Personnel Reliability Program,\" and in other solicitations and
contracts exceeding \$5 million in which work is performed by an
employee in a sensitive position. However, the contracting officer shall
not insert the clause at 1852.223-74 in solicitations and contracts for
commercial items (see [**FAR Parts
2**](http://www.arnet.gov/far/current/html/FARTOCP02.html#wp284164)
and [**12**](http://www.arnet.gov/far/current/html/FARTOCP12.html#wp1033864)).

**1823.570-3  Suspension of payments, termination of contract, and
debarment** **and suspension actions.**\
The contracting officer shall comply with the procedures of [**FAR
23.506**](http://www.arnet.gov/far/current/html/Subpart 23_5.html)
regarding the suspension of contract payments, the termination of the
contract for default, and debarment and suspension of a contractor
relative to failure to comply with the clause
at [**1852.223-74**](../../../../../../../../procurement/regs/5217-25.htm#1852.223-74).
Causes for suspension of contract payments, termination of the contract
for default, and debarment and suspension of the contractor are the
following:

(a) The contractor fails to comply with paragraph (b), (c), or (d) of
the clause at 1852.223-74; or\
  (b) Such a number of contractor employees in sensitive positions
having been convicted of violations of criminal drug statutes or
substantial evidence of drug or alcohol abuse or misuse occurring in the
workplace, as to indicate that the contractor has failed to make a good
faith effort to provide a drug- and alcohol-free workforce.

## Subpart 1823.7\--Contracting for Environmentally Preferable Products and Services

1823.703 Policy.

Responsibility, policy and procedures for NASA's implementation of [FAR
23.703](http://www.arnet.gov/far/current/html/Subpart 23_7.html#wp1086546)
is described in NPR 8570.1, "Energy Efficiency and Water Conservation
Technologies and Practices".

Subpart 1823.10\--Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements

**1823.1005 Contract clause.**

\(b\) Use the clause with its Alternate I if the contract provides for
contractor --

\(1\) Operation or maintenance of a NASA facility at which NASA has
implemented or plans to implement an EMS, including, but not limited to
the Jet Propulsion Laboratory and Michoud Assembly Facility; or

> \(2\) Activities and operations --

\(ii\) The contracting officer and the procurement request initiator
shall determine whether the contractor's activities or operations are
covered within the EMS, in cooperation with the facility's environmental
office, and in accordance with NPR 8553.1, "NASA Environmental
Management System (EMS)" paragraph 1.2.c, and the local EMS documented
procedures.

\(c\) Use the clause with its Alternate II whenever Alternate I is used.

**Subpart **[]{#P77_4939 .anchor}**1823.70\--Safety and Health**

**1823.7001  NASA solicitation provisions and contract clauses.**\
(a) The clause at
[**1852.223-70**](../../../../../../../../procurement/regs/5217-25.htm#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**](../../../../../../../../procurement/regs/5217-25.htm#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)(1)The contracting officer shall insert the clause at
[**1852.223-75**](../../../../../../../../procurement/regs/5217-25.htm#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.

\(2\) Insert the clause with its Alternate I if --

\(i\) The solicitation or contract is with an educational or other
nonprofit institution and contains the termination clause at [FAR
52.249-5](http://www.arnet.gov/far/current/html/52_248_253.html); or

\(ii\) The solicitation or contract is for commercial items and contains
the clause at [FAR
52.212-4.](http://www.arnet.gov/far/current/html/52_212_213.html)

[(3) For contracts with estimated values below \$500,000, use of the
clause is
optional.](http://www.arnet.gov/far/current/html/52_212_213.html)

\(e\) For all solicitations and contracts exceeding the micro-purchase
threshold that do not include the clause at
[**1852.223-70**](http://www.hq.nasa.gov/office/procurement/regs/5217-25.htm),
Safety and Health, the contracting officer shall insert the clause at
[**1852.223-72**](http://www.hq.nasa.gov/office/procurement/regs/5217-25.htm),
Safety and Health (Short Form).

**Subpart **[]{#P93_7049 .anchor}**1823.71\--Frequency Authorization**

**1823.7101**  **Contract clause.**\
  The contracting officer shall insert the clause at
[**1852.223-71**](../../../../../../../../procurement/regs/5217-25.htm#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.