Subpart 923.4.Use of Recovered Materials
Sec.
923.471 Policy
Subpart 923.5.Workplace Substance Abuse Programs
Sec.
923.570 Workplace substance abuse programs at DOE sites.
923.570-1 Applicability.
923.570-2 Solicitation provision and contract clause.
923.570-3 Suspension of payments, termination of contract, and debarment and
suspension actions.
Subpart 923.70.Environmental, Conservation, and Occupational Safety Programs
923.7001 Nuclear safety.
923.7002 Contract clauses.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 11936, Mar. 28, 1984, unless otherwise
noted.
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Subpart 923.4.Use of Recovered Materials
923.471 Policy.
The DOE policy is to acquire items composed of the
highest percentage of recovered/recycled materials
practicable (consistent with published minimum
content standards), without adversely affecting
performance requirements; consistent with maintaining
a satisfactory level of competition; and consistent with
maintaining cost effectiveness and not having a price
premium paid for products containing
recovered/recycled materials.
[60 FR 47492, Sept. 13, 1995]
Subpart 923.5.Workplace Substance Abuse Programs
Source: 57 FR 32676, July 22, 1992, unless otherwise
noted.
923.570 Workplace Substance Abuse Programs at DOE Sites.
(a) The Department of Energy (DOE), as part of its overall responsibilities to protect the environment,
maintain public health and safety, and safeguard the
national security, has established policies, criteria, and
procedures for contractors to develop and implement
programs that help maintain a workplace free from the
use of illegal drugs.
(b) Regulations concerning DOE's contractor
workplace substance abuse programs are promulgated
at 10 CFR part 707, Workplace Substance Abuse
Programs at DOE Sites.
923.570-1 Applicability.
(a) The policies, criteria, and procedure specified in 10
CFR part 707, Workplace Substance Abuse Programs
at DOE Sites, apply to contracts for work performed at
sites owned or controlled by DOE and operated under
the authority of the Atomic Energy Act of 1954, as
amended, where such work:
(1) Has a value of $25,000 or more, and;
(2) Has been determined by DOE to involve:
(i) Access to or handling of classified information or
special nuclear materials;
(ii) High risk of danger to life, the environment, public
health and safety or national security; or
(iii) The transportation of hazardous materials to or
from a DOE site.
(b) Except as otherwise provided for in this subpart,
contracts subject to the requirements of 10 CFR part
707 and this subpart shall not be subject to FAR 23.5,
Drug Free Workplace.
[57 FR 32676, July 22, 1992; 57 FR 41974, Sept. 14,
1992]
923.570-2 Solicitation provision and contract
clause.
(a) The contracting officer shall insert the provision at 48 CFR 970.5204-57, Agreement Regarding Workplace Substance Abuse Programs at DOE Sites, in solicitations where the work to be performed by the
contractor will occur on sites owned or controlled by
DOE and operated under the authority of the Atomic
Energy Act of 1954, as amended, as specified in 48
CFR 923.570-1, Applicability.
(b) The contracting officer shall insert the clause at
970.5204-58, Workplace Substance Abuse Programs
at DOE Sites, in contracts where the work to be
performed by the contractor will occur on sites owned
or controlled by DOE and operated under the authority
of the Atomic Energy Act of 1954, as amended, as
specified in 923.570-1, Applicability.
[62 FR 42072, Aug. 5, 1997]
923.570-3 Suspension of payments, termination of contract, and debarment and suspension actions.
(a) The contracting officer shall comply with the
procedures of FAR 23.506 regarding the suspension of
contract payments, the termination of the contract for
default, and the debarment and suspension of a
contractor relative to failure to comply with 970.5204-
58, Workplace Substance Abuse Programs at DOE
Sites.
(b) For purposes of 10 CFR part 707, the specific
causes for suspension of contract payments, termination
of the contract for default, and debarment and
suspension of the contractor are:
(1) The contractor fails to either comply with the
requirements of 10 CFR part 707 or perform in a
manner consistent with its approved program;
(2) The contractor has failed to comply with the terms of the provision at 48 CFR 970.5204-57; or
(3) Such a number of contractor employees having
been convicted of violations of criminal drug statutes
for violations occurring on the DOE-owned or
-controlled site, as to indicate that the contractor has
failed to make a good faith effort to provide a drug free
workplace.
[62 FR 42072, Aug. 5, 1997]
Subpart 923.70.Environmental, Conservation, and Occupational Safety
Programs
923.7001 Nuclear safety.
(a) The DOE regulates the nuclear safety of its major
facilities under its own statutory authority derived from
the Atomic Energy Act and other legislation. The DOE also regulates, under certain specific conditions, the use
by its contractors of radioactive materials and ionizing
radiation producing machines.
[49 FR 12003, Mar. 28, 1984]
923.7002 Contract clauses.
(a) A decision to include or not include environmental,
safety and health clauses in DOE contracts shall be
made by the contracting officer in consultation with
appropriate environmental, safety and health program
management personnel.
(b) When work is to be performed at a facility where
the DOE will exercise its statutory authority to enforce
occupational safety and health standards applicable to
the working conditions of the contractor and
subcontractor employees at such facility, the clause at
952.223-71 shall be used in such contract or
subcontract if conditions (b) (1) through (3), are
satisfied:
(1) DOE work is segregated from the contractor's or
subcontractor's other work;
(2) The operation is of sufficient size to support its own
safety and health services; and
(3) The facility is government-owned, or leased by or
for the account of the government.
(c) In facilities not meeting the requirements of
923.7002(b) above and which are a production or
utilization facility where there is use or possession of
source, special nuclear, or byproduct materials, DOE
policy is not to enforce radiological safety and health
standards pursuant to the contract or subcontract but
rather to rely upon Nuclear Regulatory Commission
(NRC) licensing requirements (including agreements
with states under section 274 of the Atomic Energy
Act). Pursuant to this policy, neither the clause found at
952.223-71 nor 952.223-72 is to be incorporated in the
contracts or subcontracts for work at such facilities.
Notwithstanding this general policy with respect to
facilities not meeting the requirements of paragraph (b)
above, the Secretary or his designee may determine in
special cases, that DOE needs to enforce radiological
safety and health standards pursuant to the contract or
subcontract (see paragraph (d) below). When such a
determination is made, the clause found at 952.223-72
shall be included in the contract or subcontract.
(d) In facilities not meeting the requirements of either 923.7002(b) or 923.7002(c) of this section and where there is a machine capable of producing ionizing radiation, it is DOE policy not to regulate such activity
where it is adequately regulated by a state or other Federal agency. In such cases, neither clause 952.223- 71 nor 952.223-72 shall be incorporated in the contract. Where the contracting officer, with appropriate environmental, safety and health advice determines that no state or other Federal agency exists to adequately regulate the operation and/or use of such machines, the clause found at 952.223-72 shall be included in the contract. The Assistant Secretary for Environment, Safety and Health (or designee) shall be consulted to determine if a non-agreement (NRC) state
or a facility located in a non-agreement state has been
reviewed by any other DOE office to establish that the
state agency has the essential authority and resources
for enforcing the radiation protection standards. This is
to assure reasonable consistency in the assessment of
radiation protection in non-agreement states and
subsequent use of 952.223-72.
(e) In a situation where the contractor or subcontractor
is performing DOE work at more than one location,
inclusion of either, or both, 952.223-71 and 952.223-
72 may be appropriate. In such cases, the contract or
subcontract must include language to specify the extent
of applicability of each clause used. For example, with
a parenthetical: (Applicable only to work performed at
a contractor site which has 952.223-71 or 952.223-72
clause in its contract or subcontract).
[49 FR 12003, Mar. 28, 1984; 62 FR 2310, Jan. 16, 1997]