(a) Contracting activities. The Contracting Officer shall insert the clause in 352.223-70, Safety and Health, or a clause substantially the same, in solicitations and contracts that involve hazardous materials or operations for the following types of requirements:
(1) Services or products.
(2) Research, development, or test projects.
(3) Transportation of hazardous materials.
(4) Construction, including construction of facilities on the contractor's premises.
(b) Safety officers. OPDIV safety officers shall advise and assist initiators of acquisition requests and Contracting Officers in-
(1) Determining whether safety and health provisions shall be part of a prospective contract;
(2) Evaluating a prospective contractor's safety and health programs; and
(3) Conducting post-award reviews and surveillance to the extent deemed necessary.
(c) Initiators. Initiators of acquisition requests for items described in paragraph (a) of this section shall-
(1) During the preparation of an acquisition plan or other acquisition request documentation, and in the solicitation, ensure that hazardous materials and operations to be used in the performance of the contract are clearly identified; and
(2) During the period of performance-
(i) Apprise the Contracting Officer of any noncompliance with safety and health provisions identified in the contract; and
(ii) Cooperate with the safety officer in conducting review and surveillance activities.
