(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)(1)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.
(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; or
(ii) The solicitation or contract is for commercial items and contains the clause at
FAR 52.212-4.
(3) For contracts with estimated values below $500,000, 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).
