(a) Reliability is a factor which must be considered in each step of program development, project planning, and the procurement process. The appropriate technical application of NASA Reliability and Quality Assurance Publications and the inclusion of realistic reliability requirements in procurements are essential in most cases to accomplish NASA mission objectives. Those ultimately responsible for the content and quality of Requests for Proposals shall ensure that reliability requirements are treated prudently in th proposal preparation and negotiation process and that an undue proposal preparation burden is not placed on proposers.

(b) Reliability requirements shall be established as early as possible in the procurement cycle and shall be made a part of the procurement request. Reliability requirements for flight and flightrelated hardware shall include basic reliability system requirements and detailed reliability requirements peculiar to the program, project, hardware, the stage of development, and procurement situation. Requirements of the NASA Reliability and Quality Assurance Publications shall be invoked to the extent needed and consistent with program and project objectives. For flight hardware systems, the reliability requirements usually shall be detailed in an Appendix to the Statement of Work. Quality, reliability, and safety requirements may be contained in the same Appendix to facilitate elimination of overlapping or redundant requirements and operations of related tasks.

(c) Reliability documentation shall be phased into the proposal preparation and negotiation process so as to necessitate the submission of complete detailed Reliability Program Plans only

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from the offeror or offerors selected for final contract negotiations (see § 181.5101(g)). For evaluation purposes in major negotiated procurements, including those conducted on a noncompetitive basis, initial cost proposals shall include an estimate of man-hours and other costs associated with each major reliability task area defined in the RFP. Such estimates should be sufficiently detailed and time-phased so as to commit the offeror to a level of performance for all tasks. In addition, in competitive procurements, offerors should be required to provide a summary of their ultimate Reliability Plan and to indicate in their original proposal that they understand that a detailed Plan will be required if they are selected for negotiation and that it will be subject to evaluation, negotiation, and incorporation in the contract at the time of award.

(d) Evaluation of reliability aspects of proposals should include consideration of current preaward survey findings and historical information concerning reliability experience with the proposed contractor(s).

(e) In procurements involving a continuation of effort on established projects, approved Reliability Program Plans under previous contracts may be used. In such cases, technical negotiation of reliability requirements should be limited only to required changes in the existing reliability requirements, based on contract performance and flight experience. The contractor's revised Reliability Program Plan shall be incorporated in the continuation (or follow-on) contract at the time of award.

(f) In sole source procurements for major flight hardware other than those identified in paragraph (e) of this section, the prospective contractor shall be required to submit his detailed Reliability Program Plan with his proposal. Estimated man-hours and other costs associated with each major reliability task area defined in the RFP shall be submitted to support the proposal.

(g) In all procurements involving the application of NHB 5300.4 (1A) reliability requirements, the contractor's Reliability Program Plan shall be obtained and approved prior to award and shall be incorporated in the contract at the time of award. Both reliability requirements and the approved Reliability Program Plan should be in the contract in order to cover situations in which the Plan is silent. If a Source Evaluation Board

presentation to the Selection Official results in the selection of one offeror with whom final negotiations are to be conducted, then that is the only contract which need contain the full Reliability Program Plan. If, however, two or more offerors are selected for final negotiations, then each of the contracts involved must contain the full Reliability Program Plan, so that when the ultimate winner is selected the contract will contain the requisite Plan. The RFP should so notify offerors, and state that upon selection, the selected offeror (s) shall be notified immediately of the date for submission of the full Reliability Program Plan.

(h) Reliability documents (see Appendix B of NHB 5300.4(1A) to be generated and submitted by the offerors or bidders and during the contract performance shall be defined in the RFP or IFB.

§ 18-1.5102 Categories of procurements and their reliability requirements. For purposes of establishing reliability requirements, NASA procurements are categorized as set forth below.

(a) "Basic reliability requirements for major flight hardware systems" shall be prepared by selectively invoking the provisions of NHB 5300.4(1A) and shall be applied in procurements for design, development, fabrication, test or operation of:

(1) Aeronautical and space systems; (2) Major flight subsystems, critical experiments and complex assemblies;

(3) Support equipment used in launching, operating, or maintaining flight vehicles, or used for static test; and

(4) Test and checkout equipment directly interfacing with the above. Details peculiar to a given procurement or project and necessary to amplify the provisions of NHB 5300.4 (1A) shall be set forth in the procurement request (usually as an Appendix to the Statement of Work), solicitation, and resulting contract. Typical examples of such details are contained in Appendix F of NHB 5300.4(1A). In addition, cite appropriate specifications, standards, design reliability criteria, or other documents which further define reliability requirements. In applying NHB 5300.4 (1A) to existing and follow-on contracts, preparation of reliability requirements shall consider contract performance, project completion status and over-all procurement phasing.

(b) "Basic reliability requirements for other elements of flight hardware systems" shall be prepared by selectively invoking the provisions of NHB 5300.4(1A) with due consideration to the degree of design responsibility involved and interface requirements. Details peculiar to a given procurement or project and necessary amplification of selected provisions from NHB 5300.4(1A) shall be set forth in the procurement request solicitation and resulting contract. Procedures of § 18-1.502(a) shall be followed as applicable.

§ 18-1.5103 Responsibilities of NASA personnel.

(a) Originators of procurement requests. At the earliest possible time, originators of procurement requests shall ensure that reliability personnel develop detailed reliability requirements in accordance with § 18–1.5102 and the guidelines established by the procuring installation, and that such requirements are made part of the procurement request.

(b) Reliability personnel. Reliability personnel shall support, as appropriate, originators of procurement requests and contracting officers by:

(1) Participating in each phase of project planning and each step of the procurement process;

(2) Determining and documenting Reliability Program scope and the necessary reliability requirements;

(3) Documenting funding estimates required to support the reliability requirements of the procurement request; (4) Participating in pre-award and post-award surveys;

(5) Presenting reliability requirements at preproposal or bidder's conferences or other oral briefings;

(6) Participating in proposal or bid evaluations;

(7) Reviewing Reliability Program Plans for adequacy and cost effectiveness; coordinating reviews with originators of procurement requests;

(8) Providing technical support in negotiation of reliability requirements into contracts;

(9) Reviewing contracts prior to issuance to ensure inclusion of appropriate reliability requirements;

(10) Preparing any reliability requirements suitable for inclusion in the Letters of Delegation for performance of contract administration services by other Government agencies; and

(11) Evaluating contractor reliability performance and monitoring the contractor's utilization of reliability resources after award. One or more of the monitoring techniques listed in § 181.5103 (d) will be used.

(c) Contracting officers. Contracting officers, with or through reliability personnel, shall:

(1) Review each procurement document to ensure that reliability requirements are selectively included;

(2) Determine, if reliability requirements have been omitted or appear to be inadequate and, where necessary, discuss the applicable reliability requirements by consultation and verification with reliability personnel and the originator of the procurement request;

(3) Advise all prospective contractors of the reliability requirements for the particular procurement;

(4) Include a statement, when NASA reliability documents are referenced in the solicitation, that if copies of the documents are unavailable for the preparation of the proposal, they will be furnished upon request;

(5) Advise prospective contractors of the interpretation of reliability requirements;

(6) Arrange for participation of reliability personnel in proposal evaluations and negotiations, as necessary;

(7) Ensure that the provisions of the contract are specific as to the contractor's responsibility for meeting reliability requirements; and

(8) Ensure that responsibility is designated for performance of Government reliability functions delegated, and the functions to be performed by the NASA installation. Letters outlining delegated functions shall be specific as to the reliability effort required, and those outlining functions to be performed by the NASA installation at plant sites shall set forth the duties, responsibilities, and authority of installation personnel assigned to perform these functions.

(d) NASA installations. Procedures to implement this subpart 18-1.51 shall be established by each NASA installation, including: assigning and defining personnel responsibilities and duties, routing of procurement requests, recording of technical and reliability requirements, notification of meetings and negotiations, and establishing reliability requirements. The procedures shall include the following instructions on monitoring the con

tractor's reliability efforts, at the discretion of the installation:

(1) Use, when available, of resident NASA technical representatives (including reliability representatives) in hardware contractor facilities (or, as a minimum, use of periodic reliability surveys by nonresident NASA teams). When resident NASA representatives are assigned the reliability functions, an outline of their duties will be furnished to the contracting officer in compliance with § 18-51.303 (e);

(2) Use of delegations to plant resident contract administration offices of other Government agencies; and

(3) Conducting reviews of contractor and supplier documentation to assess Reliability Program effectiveness and reliability status of project hardware. Subpart 18-1.52-Safety and Health § 18-1.5200 Scope of subpart.

This subpart sets forth the policy, responsibility, and requirements relating to NASA's safety and health programs with regard to its contractors.

§ 18-1.5201 Policy.

It is NASA policy that contractors and subcontractors undertake performance in a safety and health conscious environment which, within the limits of controllable hazards, will:

(a) Protect the life, health, and physical well-being of NASA and contractor employees during their work on NASA programs;

(b) Assure proper protection of the public from hazards incident to operations of NASA contractors and subcontractors;

(c) Avoid accidental work interruptions which could delay NASA programs; (d) Prevent contamination of property, supplies and equipment; and

(e) Provide data whereby risks and loss factors in space technology related to NASA programs can be accumulated and evaluated.

§ 18-1.5202 Responsibility.

(a) Originators of procurement requests. Originators of procurement requests will ensure, in accordance with installation developed safety and health screening criteria, that procurement requests affected by considerations of safety or health are processed through the appropriate installation Safety Offcial and installation Medical and Environmental Health Officers or other

designated responsible official for: (1) Determination as to whether hazards are involved in the procurement; (2) formulation or selection of specific safety and health provisions applicable to the procurement in accordance with § 18-1.351 "Procurement of Potentially Hazardous Items" or § 18-1.5204; and (3) determining to what extent a contractor safety and health plan will be required. (See NASA Management Instruction 5101.12A, "Policy and Procedures Concerning Procurement Requests".)

(b) Installation safety official and the installation medical and environmental health officers or other designated responsible official. The appropriate installation safety and health officials, within their respective areas of responsibiliy, will advise and assist the contracting officer in:

(1) Evaluating prospective contractors' safety and health programs pursuant to Subpart 18-1.9;

(2) Determining to what extent safety and health provisions, if any, should be included in a proposed procurement;

(3) Selecting the specific safety provisions to be included in a contract schedule;

(4) Determining, in coordination with the cognizant Program or Project Manager, the need for and the adequacy of contractors' safety and health plans;

(5) Selecting the specific occupational medicine and environmental health provisions to be included in a contract schedule; and

(6) Determining the extent and form of accident or incident reports, in compliance with the Federal Reports Act of 1942, required of contractors.

(c) Headquarters assistance. At installations where medical and environmental health officers or other designated responsible officials are not available to assist with the formulation of occupational medicine and environmental health provisions of a contract, the Director of Occupational Medicine and Environmental Health, NASA Headquarters, will assume this responsibility.

(d) Contracting officer-(1) Safety. The contracting officer will obtain the advice, assistance, and recommendations from the safety official prior to the issuance of an invitation for bid or request for proposal in the following procurements:

(i) Construction of facilities on Government installations;

(ii) Manufacture of aerospace systems, including such items as boosters, engines, liquid and solid fuels, oxidizers, and/or propellants;

(iii) Transportation of fuels, oxidizers, space-related chemicals, and other

hazardous materials;

(iv) Research, development or test of engines, related components and propellants which involve hazardous operations or the use of hazardous materials; and (v) Services on Government installations which involve hazardous operations or the use of hazardous materials.

(2) Health. The contracting officer will obtain the advice, assistance and recommendations from the medical and environmental health officers or other designated responsible officials prior to the issuance of an invitation for bid or request for proposal in the following procurements:

(i) Manufacture of boosters, engines, liquid and solid fuels, oxidizers, and/or propellants;

(ii) Transportation of fuels, oxidizers, space-related chemicals, and other health-hazard materials;

(iii) Research, development or test of engines, related components and propellants which involve health hazards or the use of materials presenting a health hazard;

(iv) Operations which involve health hazards or the use of hazardous materials, including potential contamination of property, and pollution of air, water, vegetation, and soil;

(v) Adverse alteration of the work environment by activities concerned with ionizing radiation, microwaves, ambient noise, lasers, ultraviolet, infrared, etc., by either direct or secondary effect; and (vi) Hyperbaric exposure in neutral buoyancy or related operations.

(3) Before issuing a stop-work order under paragraph (d) (2) of the "Safety and Health" clause, prior coordination will be effected with the safety and health officials and with the cognizant program or project manager.

§ 18-1.5203 Hazardous materials and operations.

(a) Safety. Hazardous materials for the purpose of this subpart are those which are highly reactive, explosive, flammable, or corrosive, such as propellants (solid, liquid, hybrid, gels); radioactive sources (as they affect hardware and instrumentation), acids, and finely powdered metals. Hazardous operations

for the purpose of this subpart are those which are concerned with the use of hazardous materials, or involve equipment or phenomena, such as fire, heat, pressure, reduced gravity, electricity, vacuum, detonations/explosions (blastoverpressures, fireballs, fragmentation), and radiation (thermal and electromagnetic).

(b) Health. Hazardous materials and operations for the purpose of this Subpart are those which can be deleterious to health or produce contamination and pollution of the environment and its constituents, such as property, vegetation, air, water, and soil. Health hazard materials include, but are not limited to, physical, chemical, radiological, and biological effects. Potentially significant health hazards include, but are not limited to, noise, vibration, chemical substances, ionizing radiation, ultraviolet, infrared, and microwave radiation, abnormal tempertature and pressure, inadequate or excessive illumination, lasers, pesticides, underwater operations, and various biologic agents.

§ 18-1.5204 Contract provisions.

(a) Specific system safety requirements which are to be included in the contract for the purpose of procuring system safety engineering services shall be defined in the contract Schedule in accordance with Subpart 18-1.53.

(b) Any unique facility safety or health requirements, which are in addition to the general provisions of the "Safety and Health" clause required herein, shall be prescribed as required by § 18-1.5202(b) (3).

(c) The following clause shall be included in:

(1) All negotiated contracts of $1 million or more, unless the contracting officer makes a written determination in accordance with § 18-1.5202 (b) that, under the circumstances of the procurement, the clause is not necessary;

(2) All construction, repair, or alteration contracts in excess of $10,000;

(3) All contracts having, within their total requirement, construction, repair or alteration tasks in excess of $10,000; and

(4) In any procurement regardless of dollar amount when: (i) The deliverable contract end items are of a hazardous nature; (ii) during the life of the contract it can reasonably be expected that hazards will be generated within the operational environment, and the contracting officer determines that the haz

ards in the procurement warrant the inclusion of the clause.

(d) This clause may, however, be excluded from any contract which is subject to either the Walsh-Healy Public Contracts Act (§ 18-12.601) or the Services Contract Act of 1965 (§ 18-12.1004) and in which the application of either Act and any regulations thereunder constitute adequate safety and health protection.

SAFETY AND HEALTH (JUNE 1972)

(a) The Contractor shall take all reasonable safety and health measures in performing under this contract and shall, to the extent set forth in the Schedule of the contract, submit a safety plan and a health plan for the Contracting Officer's approval. The Contractor is subject to (i) all applicable Federal, state and local laws, regulations, ordinances, codes and orders relating to safety and health in effect on the date of this contract; and (ii) shall comply with the Safety and Health Standards, specifications and issuances, reporting requirements, and provisions as set forth in the Schedule of the contract.

(b) Further, the Contractor shall take or cause to be taken such other safety and health measures as the Contracting Officer shall direct. To the extent that the Contractor is entitled to an equitable adjustment under the terms and conditions of this contract, or any other obligations of the parties, such equitable adjustment shall be determined pursuant to the procedures of the clause of this contract entitled "Changes;" Provided, That no adustment shall be made under this clause for any change for which an equitable adjustment is expressly provided under any other provision of this contract.

(c) The Contractor shall immediately notify and promptly report to the Contracting Officer or his representative, any accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property beyond stated acceptable threshold limits set forth in the Schedule of the contract, or property loss of $10,000 or more arising out of work performed under this contract; Provided, however, The Contractor will not be required to include in any report an expression of opinion as to the fault or negligence of any employee. In addition, the Contractor shall comply with any illness, incident and injury experience reporting requirements set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the Contracting Officer with a report, in such form as the Contracting Officer may require, of the investigative findings, together with