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the proposed provisions for reliability assurance, including a summary of reliability program requirements and an indication of the time phasing for negotiating and monitoring the reliability assurance provisions relative to overall procurement phasing. The plan will also contain estimates by fiscal year of planned funding for the contract reliability program.
(3) Requests for proposals. Requests for proposals will include:
(i) A clear description of the reliability program requirements for the contract including extent of applicability of NHB 5300.4(1A) and of any other pertinent documents or information which define reliability program requirements and goals. (For technical factors requiring decisions or elaboration in the Statement of Work, see §§ 18-1.5104 (a) (4) and 18-1.5106);
(ii) A requirement that offerors furnish, as a part of their proposal, a reliability program plan in compliance with paragraph 1A201 of NHB 5300.4(1A) which will define how the reliability requirements to be invoked in the resulting contract will be accomplished; and
(iii) Directions for obtaining additional copies (if available) of documents provided in accordance with § 18-1.5104 (a) (2) and a statement that copies of NHB 5300.4(1A) or other reliability documents referenced in the solicitation or contract will be provided upon request.
(4) Proposal evaluation and documentation. In any procurement involving the reliability provisions of NHB 5300.4(1A), the contract file documentation of the technical evaluation of proposals shall include an evaluation of each bidder's or offeror's method of achieving the reliability required. Evaluation of the reliability assurance portion of technical proposals should be accomplished with the assistance of reliability assurance personnel.
be used to monitor contractor reliability efforts:
(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 assurance functions, an outline of their duties will be furnished to the contracting officer in compliance with NASA PR 51.303 (e);
(2) Use of delegations to plant resident contract administration offices of other Government agencies;
(3) Conducting reviews of contractor and supplier documentation to assess reliability program effectiveness and reliability status of project hardware; and
(4) Use of independent reliability assessment contractors to assist NASA in assessment of system reliability and/or evaluation of the effectiveness of the contractor's reliability program.
(c) Inclusion of NHB 5300.4(1A), “Reliability Program Provisions for Aeronautical and Space Systems Contractors" in the contract. When NHB 5300.4(1A) is to be invoked in the contract, a clause substantially as follows will be set forth in the schedule of the contract. RELIABILITY ASSURANCE PROGRAM (JUNE 1971)
In performance of work under the contract, the Contractor shall to the extent provided for in the Statement of Work, implement a reliability program in accordance with NASA Reliability and Quality Assurance Publication, NHB 5300.4(1A) (indicate date of publication here), "Reliability Program Provisions for Aeronautical and Space System Contractors," and any other reliability assurance requirements set forth elsewhere herein or in the Statement of Work. Government surveillance over the Contractor's reliability effort and any required review and approval of reliability program documentation, shall be the responsibility of the Contracting Officer or his designated representative.
[36 F.R. 21468, Nov. 10, 1971]
§ 18-1.5106 Technical factors (Statement of Work).
NHB 5300.4(1A) prescribes general reliability program requirements and guidelines essential to effective accomplishment of the task. Within these bounds, it is required that the contractor specify in detail the methods he proposes to use, the phasing of effort, and the resources he intends to program to implement each task. However, it is often nec
essary to provide further definition and guidance on scope, phasing, or method of implementing various tasks in order for the contractor to meet the requirements of a particular procurement. Therefore, the Statement of Work should provide additional definitization of pertinent factors in the appropriate paragraphs of NHB 5300.4(1A). Guidance for most of these is provided in Appendix F of NHB 5300.4 (1A). However, in regard to paragraph 1A301-3 of that publication, the Statement of Work should also specify NASA's rights of approval or review of contractor design specifications. [36 F.R. 21468, Nov. 10, 1971] 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 Official 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 responsibility, 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.
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 deletericus 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 cordance with § 18-1.5202 (a) (2) and (b) (3).
(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: (a) The deliverable contract end items are of a hazardous nature; (b) 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 hazards 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 1971)
(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 (1) 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 adjustment 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 injury or occupational disease as defined by United States of America Standards Institute (Standard Method for Reporting and Recording Occupational Injuries, Z16.1), 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 proposed and/or completed corrective actions.
(d) (1) The Contracting Officer may, from time to time, notify the Contractor in writing of any noncompliance with the provisions of this clause and may specify corrective actions to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action.
(2) If the Contractor fails or refuses to institute prompt corrective action in accordance with (d) (1) above, the Contracting Officer may invoke the provisions of the clause in the contract entitled "Stop Work," or may invoke whatever other rights are available to the Government under the terms and conditions of this contract or at common law, to remedy such failure or refusal to institute prompt corrective action.
(e) The Contractor (or subcontractor or supplier) shall cause the substance of this clause including this paragraph (e) and any applicable Schedule Provisions, with appropriate changes of designations of the parties, to be inserted in subcontracts of every tier which: (1) amount to $1,000,000 or more unless the Contracting Officer makes a written determination that this is not required; (ii) require construction, repair, or alteration in excess of $10,000; or (iii) the Contractor, regardless of dollar amount, determines that hazardous materials or operations are involved.
(f) The Contractor agrees that 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 to determine the adequacy of the Contractor's safety and health measures under this clause. [36 F.R. 21468, Nov. 10, 1971]
Release of bidders mailing lists. Small business and labor surplus area set-asides. Amendment of invitations for bids.
Cancellation of invitations before opening.
Release of procurement information.
18-2.407-4 Price escalation.
18-2.407-5 Other factors to be considered. 18-2.407-6 Equal low bids.
18-2.407-7 Requirements in lieu of Standard Form 1036.
18-2.407-8 Protests against award.
Information to bidders.
18-2.408-2 Classified awards.
18-2.409 Synopses of contract awards.
Subpart 18-2.5-Two-Step Formal Advertising General.
Conditions for use.
18-2.503-1 Step one.
AUTHORITY: The provisions of this Part 18-2 issued under 42 U.S.C. 2473 (b) (1).
SOURCE: The provisions of this Part 18-2 appear at 36 F.R. 691, Jan. 16, 1971, unless otherwise noted.
§ 18-2.000 Scope of part.
This part sets forth the (a) basic requirements for procurement of supplies and services (including construction) by formal advertising, (b) information to be contained in solicitations of bids, (c) methods of soliciting bids, (d) policies with respect to the submission of bids, and (e) requirements with respect to the opening and evaluation of bids and the awarding of contracts.
Subpart 18-2.1-Use of Formal
Meaning of forma! adver
Formal advertising means procurement by competitive bids and awards, as prescribed in this part, and involves the following basic steps:
(a) Preparation of the invitation for bids, by describing the requirements of the Government clearly, accurately, and completely, but avoiding unnecessarily restrictive specifications or requirements which might unduly limit the number