U.S. Department of Health & Human Services
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Part 323--Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
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Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).
This subpart prescribes the use of a safety and health clause in contracts involving hazardous materials or operations, and provides procedures for administering safety and health provisions.
Various statutes and regulations (e.g., the Walsh-Healy Act and Service Contract Act), require adherence to minimum safety and health standards by contractors engaged in potentially hazardous work. FAR subpart 23.3 serves as the primary reference regarding hazardous materials. The Contracting Officer shall follow the guidance in this subpart when the guidance in the FAR is not sufficient or does not meet the safety and health situation for an acquisition.
(a) Contracting activities. The Contracting Officer shall insert the clause in 352.223-70, Safety and Health, or a clause substantially the same, in solicitations and contracts that involve hazardous materials or operations for the following types of requirements:
(1) Services or products.
(2) Research, development, or test projects.
(3) Transportation of hazardous materials.
(4) Construction, including construction of facilities on the contractor's premises.
(b) Safety officers. OPDIV safety officers shall advise and assist initiators of acquisition requests and Contracting Officers in—
(1) Determining whether safety and health provisions shall be part of a prospective contract;
(2) Evaluating a prospective contractor's safety and health programs; and
(3) Conducting post-award reviews and surveillance to the extent deemed necessary.
(c) Initiators. Initiators of acquisition requests for items described in paragraph (a) of this section shall—
(1) During the preparation of an acquisition plan or other acquisition request documentation, and in the solicitation, ensure that hazardous materials and operations to be used in the performance of the contract are clearly identified; and
(2) During the period of performance—
(i) Apprise the Contracting Officer of any noncompliance with safety and health provisions identified in the contract; and
(ii) Cooperate with the safety officer in conducting review and surveillance activities.
(a) The HHS guidelines and procedures for “green purchasing” may be found in the HHS Affirmative Procurement Plan (APP), “Purchasing Environmentally Preferable Products and Services at the U.S. Department of Health and Human Services.” The APP encompasses the acquisition and use of designated recycled content, and Energy Star®, Electronic Product Environmental Assessment Tool (EPEAT)-registered, energy-efficient, bio-based, and environmentally preferable products.
(1) ASFR/OGAPA/DA has overall responsibility for monitoring the OPDIVs’ implementation of HHS’ APP to ensure compliance with Executive Order 13423, (PDF) “Strengthening Federal Environmental, Energy, and Transportation Management;” the White House Council on Environmental Quality’s Implementing Instructions for Executive Order 13423 (PDF); Section 6002 of the Resource Conservation and Recovery Act of 1976 (PDF); Section 104 of the Energy Policy Act of 2005 (PDF); Section 9002 of the Farm Security and Rural Investment Act of 2002 (PDF); Section 612 of the Clean Air Act of 1990; and FAR Part 23.
(2) The OPDIVs, through their designated APP Program Managers, are responsible for establishing the necessary local procedures and appropriate training requirements to ensure effective implementation of the HHS APP.