Acquisition Regulation; Department of Energy Management and Operating Contracts

DEPARTMENT OF ENERGY

48 CFR Parts 917, 950, 952, and 970

RIN 1991-AB28

Acquisition Regulation; Department of Energy Management and

Operating Contracts

AGENCY: Department of Energy.

ACTION: Correction to Notice of limited reopening of the comment

period.

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SUMMARY: This document corrects the notice of reopening of the comment

period published on October 10, 1996 (61 FR 53185). The notice

reopening the comment period proposed additional changes to the

Department's proposed rule published on June 24, 1996 (61 FR 32588)

incorporating certain contract reform initiatives. The notice reopening

the comment period proposed additional changes to 48 CFR 970.5204-2,

Environment, Safety and Health. The purpose of today's correction is to

republish the clause proposed in the October 10, 1996 notice.

DATE: Written comments (1 copy) on this document must be submitted by

October 25, 1996.

ADDRESSES: All comments are to be submitted to Connie P. Fournier,

Office of Policy (HR-51), Department of Energy, 1000 Independence

Avenue, SW, Washington, DC 20585, (202) 586-8245; (202) 586-0545

(facsimile); [email protected] (Internet).

SUPPLEMENTARY INFORMATION:

Need for Correction

As published, the notice reopening the comment period contained

errors in the clause which could be confusing to the reader. Due to the

editorial nature of the changes and because the Department has sent

actual copies of this notice to those who commented on the Notice of

Proposed Rulemaking, the Department has not extended the comment period

which remains October 25, 1996.

Correction of Publication

Accordingly, the notice reopening the comment period for 48 CFR

Parts 917, 950, 952 and 970 published on October 10, 1996, which was

the subject of FR Doc. 96-26083 is corrected as follows:

970.5204-2 [Corrected]

1. At page 53186, beginning at column 1, Sec. 970.5204-2 is

corrected to read:

ment has not extended the comment period

which remains October 25, 1996.

Correction of Publication

Accordingly, the notice reopening the comment period for 48 CFR

Parts 917, 950, 952 and 970 published on October 10, 1996, which was

the subject of FR Doc. 96-26083 is corrected as follows:

970.5204-2 [Corrected]

1. At page 53186, beginning at column 1, Sec. 970.5204-2 is

corrected to read:

970.5204-2 Integration of Environment, Safety and Health into Work

Planning and Execution

As prescribed in 48 CFR (DEAR) 970.2303-2(a), insert the

following clause.

Integration of Environment, Safety and Health into Work Planning

and Execution (Month and Year TBE)

(a) In performing work under this contract, the contractor shall

perform work safely, in a manner that ensures adequate protection

for employees, the public, and the environment, and shall be

accountable for the safe performance of work. Employees include

subcontractor employees. In accomplishment of this requirement, the

contractor shall implement programs to prevent accidents, releases,

and exposures. The contractor shall ensure that management of

environment, safety and health (ES&H) functions and activities

becomes an integral and discernible part of the contractor's work

planning and execution processes. The contractor shall, in the

performance of work, ensure that:

(1) Line management is responsible for the protection of

employees, the public, and the environment. Line management includes

those contractor and subcontractor employees managing or supervising

employees performing work.

(2) Clear and unambiguous lines of authority and responsibility

for ensuring ES&H are established and maintained at all

organizational levels.

(3) Personnel possess the experience, knowledge, skills, and

abilities that are necessary to discharge their responsibilities.

t. Line management includes

those contractor and subcontractor employees managing or supervising

employees performing work.

(2) Clear and unambiguous lines of authority and responsibility

for ensuring ES&H are established and maintained at all

organizational levels.

(3) Personnel possess the experience, knowledge, skills, and

abilities that are necessary to discharge their responsibilities.

(4) Resources are effectively allocated to address ES&H,

programmatic, and operational considerations. Protecting employees,

the public, and the environment is a priority whenever activities

are planned and performed.

(5) Before work is performed, the associated hazards are

evaluated and an agreed-upon set of ES&H standards and requirements

are established which, if properly implemented, provide adequate

assurance that employees, the public, and the environment are

protected from adverse consequences.

(6) Administrative and engineering controls to prevent and

mitigate hazards are tailored to the work being performed and

associated hazards. Emphasis should be on designing the work and/or

controls to reduce or eliminate the hazards.

(7) The conditions and requirements to be satisfied for

operations to be initiated and conducted are clearly established and

agreed-upon. These agreed-upon conditions and requirements are

requirements of the contract and binding upon the contractor. The

extent of documentation and level of authority for agreement shall

be tailored to the complexity and hazards associated with the work

and shall be established in the Safety Management System (System).

(b) The contractor shall manage and perform work in accordance

with a documented System that fulfills all conditions in paragraph

quirements of the contract and binding upon the contractor. The

extent of documentation and level of authority for agreement shall

be tailored to the complexity and hazards associated with the work

and shall be established in the Safety Management System (System).

(b) The contractor shall manage and perform work in accordance

with a documented System that fulfills all conditions in paragraph

(a) of this clause at a minimum. The contractor shall exercise a

degree of care commensurate with the work and the associated

hazards. Documentation of the System shall describe how the

contractor will:

(1) define the scope of work

(2) identify and analyze hazards associated with the work

(3) develop and implement hazard controls

(4) perform work within controls, and

(5) provide feedback on adequacy of controls and continue to

improve safety management.

(c) The System shall describe how the contractor will establish,

document, and implement safety performance objectives, performance

measures, and commitments in response to DOE program and budget

execution guidance while maintaining the integrity of the System.

The System shall also describe how the contractor will measure

system effectiveness.

(d) The contractor shall comply with, and assist the Department

of Energy in complying with all applicable laws and regulations, and

applicable directives identified in the clause of this contract on

Laws, Regulations, and DOE Directives. The contractor shall

cooperate with Federal and non-Federal agencies having jurisdiction

over ES&H matters under this contract.

sure

system effectiveness.

(d) The contractor shall comply with, and assist the Department

of Energy in complying with all applicable laws and regulations, and

applicable directives identified in the clause of this contract on

Laws, Regulations, and DOE Directives. The contractor shall

cooperate with Federal and non-Federal agencies having jurisdiction

over ES&H matters under this contract.

(e) The contractor shall submit to the contracting officer

documentation of its System for review and approval. Dates for

submittal, discussions, and revisions to the System will be

established by the contracting officer. Guidance on the preparation,

content, review, and approval of the System addressing all aspects

of ES&H is provided in DOE Guide G 450.4, ``Integrated Safety

Management,'' and successor documents. Additional guidance regarding

the System may be provided by the contracting officer. On an annual

basis, the contractor shall review and update, for DOE approval, its

safety performance objectives, performance measures, and commitments

consistent with and in response to DOE's program and budget

execution guidance and direction. Resources shall be identified and

allocated to meet the safety objectives and performance commitments

as well as maintain the integrity of the entire System. Accordingly,

the System shall be integrated with the contractor's business

processes for work planning, budgeting, authorization, execution,

and change control.

d in response to DOE's program and budget

execution guidance and direction. Resources shall be identified and

allocated to meet the safety objectives and performance commitments

as well as maintain the integrity of the entire System. Accordingly,

the System shall be integrated with the contractor's business

processes for work planning, budgeting, authorization, execution,

and change control.

(f) The contractor shall promptly evaluate and resolve any

noncompliance with applicable ES&H requirements and the System. If

the contractor fails to provide resolution or if, at any time, the

contractor's acts or failure to act causes substantial harm or an

imminent danger to the environment or health and safety of employees

or the public, the contracting officer may issue an order stopping

work in whole or in part. Any stop work order issued under this

clause (including a stop work order issued by the contractor to a

subcontractor in accordance with paragraph (g) of this clause) shall

be without prejudice to any other legal or contractual rights of the

Government. Thereafter, an order authorizing the

resumption of the work may be issued at the discretion of the

contracting officer. The contractor shall not be entitled to an

extension of time or additional fee or damages by reason of, or in

connection with, any work stoppage ordered in accordance with this

clause.

(g) The contractor shall provide in its purchasing system,

required under the clause of this contract entitled, Contractor

Purchasing System, policies, practices, and procedures for the

flowdown of requirements of this clause, as appropriate, to

subcontract performance of work on-site at a DOE-owned or -leased

facility. Depending on the complexity and hazards associated with

the work, the purchasing agent may request that the subcontractor

submit a Safety Management System for the purchasing agent's review

and approval