[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Proposed Rules]
[Pages 53699-53700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26419]
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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); connie.fournier@hq.doe.gov (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:
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.
(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
(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.
(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.
(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
[[Page 53700]]
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. Such subcontracts shall provide for the right to stop
work under the conditions described in paragraph (f) of this clause.
(h) The contractor shall be responsible for compliance with the
ES&H requirements applicable to this contract regardless of the
performer of the work.
(I) For the purposes of this clause, safety encompasses
environment, safety and health, including pollution prevention and
waste minimization.
Issued in Washington, D.C. on October 9, 1996.
Steve Mournighan,
Acting Deputy Assistant Secretary for Procurement and Assistance
Management.
[FR Doc. 96-26419 Filed 10-10-96; 10:47 am]
BILLING CODE 6450-01-P
