Safety and Health (Short Form)

AGENCY:

National Aeronautics and Space Administration (NASA).

ACTION:

Interim rule.

SUMMARY:

This interim rule amends the NASA FAR Supplement (NFS) to add a new Safety and Health (Short Form) clause which requires contractors to take all reasonable safety and occupational health measures in contracts above the micro-purchase threshold; amends other existing safety and health clauses to make them consistent with the new NASA Safety and Health (Short Form) clause; and adds an Alternate I, Safety and Health Plan, to address submission of safety and health plans under Invitations for Bids (IFBs).

DATES:

Effective Date: This rule is effective May 7, 2001.

Applicability Date: This rule applies to solicitations issued on or after May 7, 2001.

Comment Date: Comments should be submitted to NASA at the address below on or before June 4, 2001.

ADDRESSES:

Interested parties should submit written comments to Jeff Cullen, NASA Headquarters Office of Procurement, Contract Management Division (Code HK), Washington, DC 20546. Comments may also be submitted by e-mail to jcullen@hq.nasa.gov.

FOR FURTHER INFORMATION CONTACT:

Jeff Cullen, (202) 358-1784.

SUPPLEMENTARY INFORMATION:

A. Background

Emphasizing safety and occupational health can result in reductions in the number of incidents involving injury or death to personnel, and in a reduction in lost or restricted workdays. These reductions enhance the probability of mission success by decreasing development time, cycle times, operational delays and costs. Since NASA contracts account for approximately 80 percent of its budget, NASA recognizes that for it to achieve mission success, it is critically important that NASA contractors also emphasize safety and occupational health. While the existing NASA Safety and Health clause (1852.223-70) applies to many high dollar value and high-risk contracts, NASA has many more contracts that it does not apply to that are also critical to the agency achieving its mission. This interim rule implements a Safety and Health (Short Form) clause to address safety and occupational health in all of its contracts above the micro-purchase threshold where 1852.223-70 does not apply. This clause will hold contractors accountable for the safety and occupational health measures consistent with standard industry practice in performing the contract. It also defines NASA's safety priority to protect: (1) The public, (2) astronauts and pilots, (3) the NASA workforce, and (4) high-value equipment and property. This will help lead to mission success for NASA and its contractors. Additionally, this interim rule amends the NASA Safety and Health clause (1852.223-70), the Safety and Health Plan clause (1852.223-73), and the Major Breach of Safety or Security clause (1852.223-75) to make them consistent with the new NASA Safety and Health (Short Form) clause (1852.223-72) by adding the safety priority; and adds an Alternate I to 1852.223-73, Safety and Health Plan, to address submission of safety and health plans under IFBs.

B. Regulatory Flexibility Act

NASA certifies that this interim rule will not have a significant economic impact on a substantial number of small business entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because this interim rule focuses attention on safety and occupational health, and does not impose any significant new requirements which might have an economic impact.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to the NFS do not impose any recordkeeping or information collection requirements, or collections of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget under 41 U.S.C. 3501, et seq.

D. Determination to Issue an Interim Rule

In accordance with 41 U.S.C. 418b(d), NASA has determined that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. The basis of this determination is that many ongoing NASA activities, such as advanced research, aeronautics and space flight involve safety and occupational health risks. Requiring contractors to immediately take all reasonable safety and occupational health measures is necessary to reduce these risks, and should result in reductions in the number of incidents involving injury or death to personnel, and in lost or restricted workdays.

List of Subjects in 48 CFR Parts 1812, 1823, and 1852

• Government procurement

Accordingly, 48 CFR Parts 1812, 1823, and 1852 are amended as follows:

1. The authority citation for 48 CFR Parts 1812, 1823, and 1852 continues to read as follows:

Authority: 42 U.S.C. 2473 (c)(1).

PART 1812—ACQUISITION OF COMMERCIAL ITEMS

2. In section 1812.301, amend paragraph (f)(i) by redesignating paragraphs (I) through (N) as (J) through (O) respectively and adding new paragraph (I) to read as follows:

PART 1823—ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

3. Amend section 1823.7001 by adding paragraph (e) to read as follows:

PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

4. Amend section 1852.223-70 by revising the date of the clause, redesignating paragraphs (a) through (h) as (b) through (i) respectively, adding a new paragraph (a), and revising newly designated paragraphs (f)(2) and (g) to read as follows:

5. Add section 1852.223-72 to read as follows:

6. Amend section 1852.223-73 by revising the date of the clause and the next to last sentence to read as follows:

7. In section 1852.223-73, add Alternate I to read as follows:

8. Amend section 1852.223-75 by revising the date of the clause and adding a sentence between the second and third sentence in paragraph (a) to read as follows: