NASA FAR Sup 1823

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PART 1823
ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
(Revised December 28, 2015)

TABLE OF CONTENTS

SUBPART 1823.1 SUSTAINABLE ACQUISITION POLICY
1823.103 Sustainable Acquisition.
1823.103-70 Screening Procurement Requirements.
1823.103-72 Sustainable Acquisition Reporting.

SUBPART 1823.2 ENERGY AND WATER EFFICIENT AND

1823.202 Policy.
1823.204 Procurement Exemptions.
1823.270 Federal fleet and transportation efficiency.
1823.271 NASA Solicitation provision and contract clause.

SUBPART 1823.4 USE OF RECOVERED MATERIALS AND BIOBASED

1823.404 Agency affirmative procurement programs.

SUBPART 1823.5 DRUG-FREE WORKPLACE
1823.570 Drug-and alcohol-free workforce.
1823.570-1 Definitions.
1823.570-2 Contract clause.
1823.570-3 Suspension of payments, termination of contract, and

SUBPART 1823.7 CONTRACTING FOR ENVIRONMENTALLY

1823.703 Policy.
1823.704 Electronic products environmental assessment tool.

SUBPART 1823.70 SAFETY AND HEALTH
1823.7001 NASA solicitation provisions and contract clauses.

SUBPART 1823.71 AUTHORIZATION FOR RADIO FREQUENCY USE
1823.7101 Contract clause.
1823.7102 Procedures.

PART 1823

ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

Subpart 1823.1—Sustainable Acquisition Policy

1823.103 Sustainable acquisitions.

1823.103-70 Screening Procurement Requirements.
NASA Form (NF) 1707, Special Approvals and Affirmations for Requisitions, Section 2, requires request originators to review the Federal environmental programs and document if they apply to the procurement, if they will be met, or if a waiver is provided. As specified in NPR 8530.1, the center environmental organization is also available to provide support to both the CO and request originator on the applicability of environmental programs. Using the NF 1707 as a guide, COs shall screen procurement requirements to determine if any of the environmental programs apply, to place the appropriate FAR provisions and clauses in solicitations and contracts, and accurately record sustainable acquisition activity in the Federal Procurement Data System (FPDS).

1823.103-72 Sustainable Acquisition Reporting.
The Recovered Materials/Sustainability FPDS Data Element Choices must be thoughtfully and properly selected so that there is adequate data to gauge the progress and performance in the various environmental programs. The data in FPDS will be used to determine if NASA is meeting the 95% goal. Centers are encouraged to use this data to measure their progress on a regular basis as part of their self-assessments, and to make any corrections necessary to improve performance. The FPDS data will be used for semiannual reports to the Office of Management and Budget (OMB) on NASA’s sustainable acquisition performance.

Subpart 1823.2--Energy and Water Efficiency and Renewable Energy

1823.202 Policy.

1823.204 Procurement exemptions.
The center or Component facility environmental manager is delegated authority to make the exemption determination at FAR 23.204.

1823.271 NASA Solicitation provision and contract clause.
Insert the clause at 1852.223-76, Federal Automotive Statistical Tool Reporting, in solicitations and contracts requiring contractor operation of Government-owned or leased motor vehicles, including, but not limited to, interagency fleet management system (IFMS) vehicles authorized in accordance with FAR 51.2.

Subpart 1823.4--Use of Recovered Materials

1823.404 Agency affirmative procurement programs.
NASA’s affirmative procurement program is described in the NPR 8530.1, Affirmative Procurement Plan for Environmentally Preferable Products.

1823.406 Solicitation provisions and contract clauses.

Subpart 1823.5--Drug-Free Workplace

1823.570 Drug-and alcohol-free workforce.
This section sets forth NASA requirements for mandatory drug and alcohol testing of certain contractor personnel under section 203, National Aeronautics and Space Act of 1958, as amended, 42 U.S.C. 2473, 72 Stat. 429; and Civil Space Employee Testing Act of 1991, Public Law 102-195, sec. 21, 105 Stat. 1616 to 1619.

1823.570-1 Definitions.

1823.570-2 Contract clause.
The contracting officer shall insert the clause at 1852.223-74, "Drug- and Alcohol-Free Workforce," in all solicitations and contracts exceeding $5 million in which work is performed by an employee in a sensitive position. However, the contracting officer shall not insert the clause at 1852.223-74 in solicitations and contracts for commercial.

1823.570-3 Suspension of payments, termination of contract, and debarment and suspension actions.
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 debarment and suspension of a contractor relative to failure to comply with the clause at 1852.223-74. Causes for suspension of contract payments, termination of the contract for default, and debarment and suspension of the contractor are the following:

Subpart 1823.7—Contracting for Environmentally Preferable Products and Services

1823.703 Policy.
Responsibility, policy and procedures for NASA’s implementation of FAR 23.703 is described in the following directives:

1823.704 Electronic products environmental assessment tool.

Subpart 1823.70—Safety and Health

1823.7001 NASA solicitation provisions and contract clauses.

Subpart 1823.71—Frequency Authorization

1823.7101 Contract clause.
The contracting officer shall insert the clause at 1852.223-71, Authorization for Radio Frequency Use, in solicitations and contracts calling for developing, producing, constructing, testing, or operating a device for which a radio frequency equipment authorization is required.

1823.7102 Procedures.
NPD 2570.5, NASA Electromagnetic Spectrum Management, requires the submission of a request for spectrum certification to Center Spectrum Manager (SM) for all activities using the Electromagnetic Spectrum. The procurement request originator must submit the request for spectrum certification as early in the acquisition and procurement cycles as possible. NPR 2570.1, NASA Radio Frequency (RF) Spectrum Management Manual, sets forth the procedures for the management requirements for establishing and governing the use of radio frequencies. Contractors, providing or operating RF equipment for NASA use, shall obtain RF spectrum authorization from the Center/Facility Spectrum Manager in accordance the procedures set forth in the NPR from the installation's spectrum manager.

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