Risk Management

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1807, 1811, 1812, 1815, 1816, 1823, 1842, 1846, and

1852

Risk Management

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: This proposed rule would change the NASA FAR Supplement (NFS)

to emphasize considerations of risk management, including safety,

security (including information technology security), health, export

control, and damage to the environment, within the acquisition process.

The proposed rule addresses risk management within the context of

acquisition planning, selecting sources, choosing contract type,

structuring award fee incentives, administering contracts, and

conducting contractor surveillance. Additionally, this proposed rule

would require offeror proposals to include a risk management plan

whenever the value of the resulting contract is expected to exceed

$5,000,000, or whenever the contracting officer determines that it

would be appropriate. Furthermore, this proposed rule would allow that

contractors not be paid award fee for any evaluation period in which

there is a major breach of safety or security.

DATES: Comments should be submitted on or before September 20, 1999.

ADDRESSES: Interested parties should submit written comments to Kenneth

A. Sateriale, NASA Headquarters Office of Procurement, Contract

Management Division (Code HK), Washington, DC 20546. Comments may also

be submitted by e-mail to [email protected]

FOR FURTHER INFORMATION CONTACT: Kenneth A. Sateriale, (202) 358-0491.

SUPPLEMENTARY INFORMATION:

A. Background

The NASA Administrator, in a January 11, 1999 message, called upon

NASA to become an agency of informed risk takers. Furthermore, he

emphasized that it is critically important for NASA to achieve mission

success without compromising safety. On February 26, 1999, the

Administrator emphasized the need for NASA contractors, both on-site

and others, to be supportive of, and accountable for safety. Safety, in

this context, is freedom from those conditions that can cause death,

injury, occupational illness, damage to or loss of equipment or

property (including intellectual property), or damage to the

environment. However, given the fact that many of NASA's activities

involve advanced research, aeronautics, and space flight, NASA cannot

completely avoid risk. Therefore, risk must be managed, i.e.,

comprehensively identified, analyzed, planned, tracked, and controlled.

While risk management is not a new acquisition concept, NASA has

initiated a risk-based acquisition management initiative to re-focus on

risk as a core acquisition concern. That initiative will be implemented

through training as well as through revisions to several of NASA's

internal processes and guidelines. This proposed rule only implements

that part of the initiative pertaining directly to the procurement

process. Since NASA's activities often include contractor efforts,

NASA's focus

[[Page 38881]]

on safety and mission success must be conveyed in NASA contracts. (Risk

issues will also be addressed in a separate NFS revision to the NASA

structured approach for developing a fee/profit negotiation objective.)

Sections 1816.405-274(c) and 1852.223-76(a)(1) in this proposed

rule reference definitions in NASA Procedures and Guidelines (NPG)

8621.1, NASA Procedures and Guidelines for Mishap Reporting,

Investigating, and Recordkeeping. NPG 8621.1 is currently in draft and

will soon be published. Until such time, it will not be easy for the

public to obtain access to the definitions. Therefore, draft

definitions are provided below:

Mishap--Any unplanned occurrence or event resulting from any NASA

operation or equipment anomaly, involving injury to or death of any

persons (including the general public, astronauts and pilots, and NASA

employees and contractors), damage to or loss of property or equipment,

or mission failure.

Type A Mishap--A mishap causing death and/or damage to equipment or

property equal to or greater than $1 million. Mishaps resulting in

damage to aircraft, space hardware, or ground support equipment that

meet these criteria are included, as are test failures in which the

damage was unexpected or unanticipated.

Type B Mishap--A mishap resulting in permanent disability to one or

more persons, hospitalization (within a 30-day period from the same

mishap) of three or more persons, and/or damage to equipment, or

property equal to or greater than $250,000, but less than $1 million.

Mishaps resulting in damage to aircraft, space hardware, or ground

support equipment that meet these criteria are included, as are test

failures in which the damage was unexpected or unanticipated.

Mission Failure--A mishap of whatever intrinsic severity that, in

the judgment of the Enterprise Associate Administrator/Institutional

Program Officer, in coordination with the Associate Administrator for

Safety and Mission Assurance, prevents the achievement of primary NASA

mission objectives as described in the Mission Operations Report or

equivalent document.

B. Regulatory Flexibility Act

NASA certifies that this regulation 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 few

small businesses are awarded contracts valued in excess of the

$5,000,000 threshold established in the proposed rule for submission of

a risk management plan and inclusion of the safety clause.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to

the NFS do not impose 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.

List of Subjects in 48 CFR Parts 1807, 1811, 1812, 1815, 1816,

1823, 1842, 1846, and 1852

Government procurement.

Tom Luedtke,

Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1807, 1811, 1812, 1815, 1816, 1823, 1842,

1846, and 1852 are proposed to be amended as follows:

1. The authority citation for 48 CFR Parts 1807, 1811, 1812, 1815,

1816, 1823, 1842, 1846, and 1852 continues to read as follows:

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

PART 1807--ACQUISITION PLANNING

2. Section 1807.104 is added to read as follows:

1807.104 General procedures. (NASA supplements paragraph (a))

(a) Safety is NASA's highest core value. The acquisition planning

team shall include representatives from the center offices responsible

for matters of safety and mission assurance, occupational health,

environmental protection, information technology, export control, and

security. Their presence on the team shall help to ensure that all NASA

acquisitions are structured in accordance with NASA safety,

occupational health, environmental, export control, and security

policy. As part of this process, the team shall recommend any

appropriate solicitation or contract requirements for implementation of

safety, occupational health, environmental, information technology,

export control, and security concerns. (See NPG 8705.X, Risk Management

Procedures and Guidelines.)

3. In section 1807.105, paragraph (a)(7) is added to read as

follows:

1807.105 Contents of written acquisition plans.

(a)* * *

(7) Discuss project/program risks (see NPG 7120.5, NASA Program and

Project Management Processes and Requirements, and NPG 8705.X, Risk

Management Procedures and Guidelines). These risks include such

considerations as: the security of personnel, information technology,

and property; the NASA Export Control Program and risks of unauthorized

technology transfer; damage to the environment; program test conduct

and schedules; performance incentives and contract management concerns;

and the necessary level of NASA personnel resources required to manage

the project/program, including whether current staffing limitations

require a special plan for surveillance. This discussion should also

identify those areas that have safety risk, and how safety will be

addressed in contract requirements and evaluated in the source

selection, and how safety will be managed and incentivized, where

appropriate. Appropriate planning, i.e., decisions to research, accept,

watch, or mitigate, shall be identified for each risk.

* * * * *

PART 1811--DESCRIBING AGENCY NEEDS

4. Section 1811.101(b) is added to read as follows:

1811.101 Order of precedence for requirements documents. (NASA

supplements paragraph (b))

(b) When establishing product descriptions in either a solicitation

or contract, contracting officers shall include safeguards, as

applicable, to ensure safety and security, and preclude environmental

damage.

PART 1812--ACQUISITION OF COMMERCIAL ITEMS

5. Section 1812.301, paragraph (f)(i) is revised to read as

follows:

1812.301 Solicitation provisions and contract clauses for the

acquisition of commercial items.

(f)(i) The following clauses are authorized for use in acquisitions

of commercial items when required by the clause prescription:

(A) 1852.214-71, Grouping for Aggregate Award.

(B) 1852.214-72, Full Quantities.

(C) 1852.215-84, Ombudsman.

(D) 1852.219-75, Small Business Subcontracting Reporting.

(E) 1852.219-76, NASA Small Disadvantaged Business Goal.

(F) 1852.223-71, Frequency Authorization.

(G) 1852.223-75, Risk Management Plan.

[[Page 38882]]

(H) 1852.228-72, Cross-Waiver of Liability for Space Shuttle

Services.

(I) 1852.228-76, Cross-Waiver of Liability for Space Station

Activities.

(J) 1852.228-78, Cross-Waiver of Liability for NASA Expendable

Launch Vehicles.

(K) 1852.232-70, NASA Progress Payment Rates.

(L) 1852.246-72, Material Inspection and Receiving Report.

PART 1815--CONTRACTING BY NEGOTIATION

6. In section 1815.201, paragraph (c)(6)(A) is revised to read as

follows:

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

$1,000,000 (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, and whether the requirements of any Government-unique

standards may be satisfied by voluntary consensus standards or industry

standards. 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.

* * * * *

7. In section 1815.304-70, paragraphs (b)(5) and (d)(4) are added

to read as follows:

1815.304-70 NASA evaluation factors.

* * * * *

(b) * * *

(5) If the solicitation requires either the submission of a Safety

and Health Plan (see 1823.7001(c)), or a Risk Management Plan (see

1823.7001(d)), then the Mission Suitability factor shall include a

subfactor for safety, occupational health, and mission success.

Otherwise use of that subfactor is optional. (For discussion of risk

management, see NPG 7120.5, NASA Program and Project Management

Processes and Requirements, and NPG 8705.X, Risk Management Procedures

and Guidelines.)

* * * * *

(d) * * *

(4) The contracting officer shall evaluate the offeror's past

performance in occupational health, security, environmental protection,

and safety and mission success (e.g., mishap rates and problems in

delivered hardware and software that resulted in mishaps or failures)

when these areas are germane to the requirement.

8. In section 1815.305, paragraph (a)(vi) is revised to read as

follows:

1815.305 Proposal evaluation.

(a) * * *

(vi) Any programmatic risk, e.g., technical, schedule, cost,

safety, occupational health, security, export control, environmental.

Risks may result from the offeror's technical approach, manufacturing

plan, selection of materials, processes, equipment, or as a result of

the cost, schedule, and performance impacts associated with its

approach. Risk evaluations must consider the probability of success,

the impact of failure, and the alternatives available to meet the

requirements. Risk assessments shall be considered in determining

Mission Suitability strengths, weaknesses, deficiencies, and numerical/

adjectival ratings. Identified risks and the potential for cost impact

shall be considered in the cost or price evaluation. The offeror's Risk

Management Plan, if required, shall be used to support this evaluation.

* * * * *

9. In section 1815.406-170, paragraphs (c)(5) and (c)(6) are

revised and paragraph (c)(7) is added to read as follows:

1815.406-170 Content of the prenegotiation position memorandum.

* * * * *

(c)* * *

(5) Contractor/Government investment in facilities and equipment

(and any modernization to be provided by the contractor/Government);

(6) Any deviations, special clauses, or unusual conditions

anticipated, for example, unusual financing, warranties, EPA clauses

and when approvals were obtained, if required; and

(7) Any risk management issues, e.g., safety, occupational health,

security.

* * * * *

PART 1816--TYPES OF CONTRACTS

10. In section 1816.405-274, paragraphs (c), (d), (e), (f), (g),

and (h) are redesignated as paragraphs (d), (e), (f), (g), (h), and

(i), respectively; and new paragraph (c) is added to read as follows:

1816.405-274 Award fee evaluation factors.

* * * * *

(c) The technical factor, if used, must include consideration of

risk management (including safety, security, health, export control,

and damage to the environment, as appropriate) unless waived at a level

above the contracting officer, with the concurrence of the project

manager. The rationale for any waiver shall be documented in the

contract file. When safety, export control, or security is considered

under the technical factor, the award fee plan shall allow the

following fee determinations, regardless of contractor performance in

other evaluation factors, when there is a major breach of safety or

security. A major breach of safety consists of either any Type A or

Type B mishap, or Mission Failure, as defined in NPG 8621.1, NASA

Procedures and Guidelines for Mishap Reporting, Investigating, and

Recordkeeping, or any violation cited by the Occupational Safety and

Health Administration that results in either a final order of the

Review Commission assessing a civil penalty, or a criminal conviction.

Security is the condition of safeguarding against espionage, sabotage,

crime (including computer crime), or attack. A major breach of security

results in damage or loss greater than $250,000 to the Government. A

major breach of security may arise from any of the following:

compromise of classified information; illegal technology transfer;

workplace violence resulting in criminal conviction; sabotage;

compromise or denial of information technology services; or theft.

(1) For evaluation of service contracts under 1816.405-273(a), an

overall fee determination of zero for any evaluation period in which

there is a major breach of safety or security; or

(2) For evaluation of end item contracts under 1816.405-273(b), an

overall fee determination of zero for any interim evaluation period in

which there is a major breach of safety or security. To ensure that the

final award fee evaluation at contract completion reflects any major

breach of safety or security in an interim period, the overall award

fee pool shall be reduced by the amount of the fee available for the

period in which the major breach occurred if a zero fee determination

was made because of a major breach of safety or security.

* * * * *

[[Page 38883]]

PART 1823--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND

DRUG-FREE WORKPLACE

11. 1823.7001 is revised to read as follows:

1823.7001 NASA solicitation provisions and contract clauses.

(a) Except as provided in paragraph (b) of this section, the clause

at 1852.223-70, Safety and Health, shall be included in all

solicitations and contracts for--

(1) Negotiated acquisitions of $1,000,000 or more;

(2) Construction, repair, or alteration in excess of the simplified

acquisition threshold;

(3) Acquisitions having, within their total requirement,

construction, repair, or alteration tasks in excess of the simplified

acquisition threshold; and

(4) Acquisitions regardless of dollar amount when--

(i) Any deliverable contract end item is of a hazardous nature; or

(ii) It can reasonably be expected that hazards will be generated

and controlled within the operational environment during the life of

the contract and the contracting officer determines that they warrant

inclusion of the clause.

(b) The clause prescribed in paragraph (a) of this section may be

excluded--

(1) From any contract subject to the Walsh-Healey Public Contracts

Act (see FAR subpart 22.6) or the Service Contract Act of 1965 (see FAR

subpart 22.10) in which the application of either act and its

implementing regulations constitute adequate safety and occupational

health protection; or

(2) When the contracting officer, with the concurrence of the

installation official(s) responsible for matters of safety and

occupational health, makes a written determination that the clause is

not necessary under the circumstances of the acquisition.

(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, when a Safety and Health Plan is to be submitted with the

offeror's proposal. This clause 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.

(d) The contracting officer shall insert the provision at 1852.223-

75, Risk Management Plan, in all solicitations for negotiated

acquisitions of $5,000,000 or more, unless waived at a level above the

contracting officer with the concurrence of the project/program office

and the center safety and occupational health official(s). For other

solicitations, use of the provision is optional. After receiving the

concurrence of the project/program office and the center safety and

occupational health official(s), the contracting officer shall include

the plan in any resulting contract.

(e) The contracting officer shall insert the clause at 1852.223-76,

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. For other

contracts, use of the clause is optional.

PART 1842--CONTRACT ADMINISTRATION AND AUDIT SERVICES

12. In section 1842.503, paragraph (1)(iv) is revised to read as

follows:

1842.503 Postaward conferences.

(1) * * *

(iv) Complex contract management issues are expected, e.g., safety,

security, occupational health, environmental protection, export

control, and/or risk management.

* * * * *

PART 1846--QUALITY ASSURANCE

13. Section 1846.000 is added to read as follows:

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.

14. Section 1846.401 is added to read as follows:

1846.401 General. (NASA supplements paragraph (a)).

(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.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

15. Section 1852.223-70 is revised to read as follows:

1852.223-70 Safety and Health.

As prescribed in 1823.7004(c), insert the following clause:

Safety and Health

(Date)

(a) The Contractor shall take all reasonable safety and

occupational health measures 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.

(b) 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 provision of the

contract.

(c) The Contractor shall immediately notify and promptly report

to the Contracting Officer or a designee any accident, incident, or

exposure resulting in fatality, lost-time occupational injury,

occupational disease, contamination of property beyond any stated

acceptable limits set forth in the contract Schedule, or property

loss of $25,000 or more arising out of work performed under this

contract. The Contractor is not required to include in any report an

expression of opinion as to the fault or negligence of any employee.

(d) Service contractors (excluding construction contracts) shall

provide quarterly reports specifying lost-time frequency rate,

number of lost-time injuries, exposure, and accident/incident dollar

losses as specified in the contract Schedule. The Contractor shall

investigate all work-related incidents or accidents to the extent

necessary to determine their causes and furnish the Contracting

Officer a report, in such form as

[[Page 38884]]

the Contracting Officer may require, of the investigative findings

and proposed or completed corrective actions.

(e)(1) The Contracting Officer may notify the Contractor in

writing of any noncompliance with this clause and specify corrective

actions to be taken. The Contractor shall promptly take and report

any necessary corrective action.

(2) If the Contractor fails or refuses to institute prompt

corrective action in accordance with subparagraph (e)(1) of this

clause, the Contracting Officer may invoke the stop-work order

clause in this contract or any other remedy available to the

Government in the event of such failure or refusal.

(f) The Contractor (or subcontractor or supplier) shall insert

the substance of this clause, including this paragraph (f) and any

applicable Schedule provisions, with appropriate changes of

designations of the parties, in subcontracts of every tier that--

(1) Amount to $1,000,000 or more (unless the Contracting Officer

makes a written determination that this is not required);

(2) Require construction, repair, or alteration in excess of

$25,000; or

(3) Regardless of dollar amount, involve the use of hazardous

materials or operations.

(g) Authorized Government representatives of the Contracting

Officer shall have access to and the right to examine the sites or

areas where work under this contract is being performed in order to

determine the adequacy of the Contractor's safety and occupational

health measures under this clause.

(h) The contractor shall continually update the safety and

health plan when necessary. In particular, the Contractor shall

furnish a list of all hazardous operations to be performed, and a

list of other major or key operations required or planned in the

performance of the contract, even though not deemed hazardous by the

Contractor. NASA and the Contractor shall jointly decide which

operations are to be considered hazardous, with NASA as the final

authority. Before hazardous operations commence, the Contractor

shall submit for NASA concurrence--

(1) Written hazardous operating procedures for all hazardous

operations; and/or

(2) Qualification Standards for personnel involved in hazardous

operations.

(End of clause)

16. In section 1852.223-73, Alternate I is removed and the basic

clause is revised to read as follows:

1852.223-73 Safety and health plan.

* * * * *

Safety and Health Plan

(Date)

NASA requires that the contractor furnish supplies and services

in a safe and healthful manner and develops, produces, and/or

delivers products to NASA that will be safe and successful for their

intended use. The offeror shall submit a detailed safety and

occupational health plan, as part of its proposal. The plan must

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. The

plan must similarly address safety and occupational health for

subcontractor employees for any proposed subcontract whose value is

expected to exceed $500,000, including commercial services and

services provided in support of a commercial item. Also, when

applicable, the plan must address the policies, procedures, and

techniques that will be used to ensure the safety and occupational

health of NASA employees and the public. This plan, as approved by

the Contracting Officer, will be included in any resulting contract.

(For additional detail on content for the Safety and Health Plan,

see NPG 8715.1, NASA Safety Manual Procedures and Guidelines,

Appendix H.)

(End of provision)

17. Section 1852.223-75 is added to read as follows:

1852.223-75 Risk Management Plan.

As prescribed in 1823.7001(d), insert the following provision:

Risk Management Plan

(Date)

The offeror shall submit a detailed Risk Management Plan, as

part of the offeror's proposal. The plan must include a detailed

description of the offeror's plan to use risk management techniques

to manage programmatic risks (e.g., safety, technical, cost,

schedule, security, export control, and damage to the environment)

throughout the performance of the contract. The plan must conform to

NASA's guidance on risk as described in NASA Procedures and

Guidelines 8705.X, Risk Management Procedures and Guidelines. The

plan must similarly address risk management for subcontracted effort

whose value is expected to exceed $500,000. Costs solely

attributable to risk management must be clearly identifiable in the

offeror's proposal. This plan, as approved by the Contracting

Officer, will be included in any resulting contract.

(End of provision)

18. Section 1852.223-76 is added to read as follows:

1852.223-76 Safety.

As prescribed in 1823.7001(e), insert the following clause:

Major Breach of Safety or Security

(Date)

(a) Safety is the freedom from those conditions that can cause

death, injury, occupational illness, damage to or loss of equipment

or property, or damage to the environment. Safety is essential to

NASA and is a material part of this contract. A major breach of

safety may constitute a breach of contract that entitles the

Government to exercise any of its rights and remedies applicable to

material parts of this contract, including termination for default.

A major breach of safety may occur on or off Government

installations, but must be related directly to the work on the

contract. A major breach of safety is an act or omission of the

contractor that results in either--

(1) Any Type A or Type B mishap, or Mission Failure as defined

in NPG 8621.1, NASA Procedures and Guidelines for Mishap Reporting,

Investigating, and Recordkeeping; or

(2) Any violation cited by the Occupational Safety and Health

Administration that results in a final order of the Review

Commission assessing a civil penalty, or a criminal conviction.

(b) Security is the condition of safeguarding against espionage,

sabotage, crime (including computer crime), or attack. A major

breach of security may constitute a breach of contract that entitles

the Government to exercise any of its rights and remedies applicable

to material parts of this contract, including termination for

default. A major breach of security may occur on or off Government

installations, but must be related directly to the work on the

contract. A major breach of security results in damage or loss

greater than $250,000 to the Government. A major breach of security

may arise from any of the following: compromise of classified

information; illegal technology transfer; workplace violence

resulting in criminal conviction; sabotage; compromise or denial of

information technology services; or theft.

(c) In the event of a major breach of safety or security, the

Contractor shall, if directed by the Contracting Officer, conduct

its own investigation and report the results to the Government, and

the Contractor shall cooperate with the Government investigation, if

conducted.

(End of clause)

[FR Doc. 99-18414 Filed 7-19-99; 8:45 am]

BILLING CODE 7510-01-P