Attachment_2_-_Minimum_OTA_Safety_Rqmts_for_All_Hazardous_Ops.pdf

ATTACHMENT 2

MINIMUM OTA SAFETY REQUIREMENTS FOR ALL AMRDEC

HAZARDOUS OPERATIONS:

General Safety Requirements. The safety requirements delineated herein will be included in all agreements/contracts involving hazardous operations (as defined in ‘Definitions’) and those utilizing PAH employees in or around hazardous operations in AMRDEC facilities. This is applicable to three categories or types of agreements/contracts involving:

1) Class 1 Arms, Ammunition, and Explosives (AA&E) hazardous operations/job tasks.

2) All hazardous operations/job tasks not involving explosives.

3) PAH employees involving job tasks in, around or impacted by hazardous operations.

SAFETY

a. The PAH shall establish, conduct and maintain a comprehensive safety program for assigned personnel commensurate with any hazardous work tasks/services/operations performed, and in compliance with DOD, Army, AMC, DOT, NRC, OSHA, EPA, Federal, State, and local Government Safety, Health and Environmental protection regulations and requirements for accident prevention. Where requirements conflict, to include those where company Safety and Health requirements are documented, the most stringent shall apply.

b. The PAH’s safety and health program implementation will be evaluated for compliance with applicable Government regulations. Upon request by the Government AO, AOR and/or AMRDEC Safety Office, the PAH shall make available for review and acceptability all safety related documentation and information that demonstrates their ability to safely conduct Projects in compliance with Government Safety, Health and Environmental Protection regulatory requirements. This includes, but is not limited to:

1) A Corporate Safety Plan/Manual that identifies the PAH’s Safety Program and defines how required compliance is achieved and maintained.

2) Identification of the Responsible Individual(s) for PAH safety and health responsibilities.

Communication and interface with Government AOR and safety personnel is required to ensure safety requirements compliance is established and maintained.

3) Detailed description as to how the PAH, through hazard identification, assessment, management, abatement and accident prevention, intends to protect the life, health, and well being of all contract-support employees as part of their contract support work.

4) Workplace safety and occupational health compliance inspection procedures, inspection interval, PAH compliance officer, and documentation requirements/disposition.

5) Safety review and acceptance process for any PAH-supplied materials and equipment, to include a preventive maintenance (PM) plan and equipment inspection procedures.

6) Compliance with Hazard Communication (HAZCOM) requirements, as applicable to contractual obligations and services provided.

7) Emergency Response and Accident/Incident reporting procedures related to contract work.

c. For job and site specific personnel safety requirements and qualifications, the PAH shall:

1) Provide only fully trained, qualified, experienced and technically proficient personnel to perform contract work tasks/operations.

2) Provide, where applicable, only licensed, certified and qualified equipment and material handling operators as required by federal, state and local laws and regulations.

3) Develop a plan and process for identifying employees, job types, employee training needs, and compliance with qualification/certification requirements as assessed for each hazardous work task/operation.

4) Keep current all personnel training (including annual refresher), licensing, certifications and qualifications as required to perform hazardous work tasks/operations requiring such, and maintain all associated records for Government review and acceptance.

5) Perform site specific Job/Activity/Safety Hazard Analyses and risk assessments for all hazardous operations/tasks with determination and implementation of tailored safety requirements, training, and any required personal protective equipment (PPE) for control of identified hazards.

6) Provide all needed safety personnel protective equipment (PPE) and associated instruction/training, and required health and medical evaluations, examinations, screenings and surveillance in performance of work tasks/operations. This includes, but is not limited to, hazardous equipment, materials, substances and chemicals associated with, in and around Laser, RF, X-ray, Laboratory and other operations with potential ocular, auditory, respiratory and tissue hazards based on the type of work task and exposure.

7) Ensure that levels of responsibility and risk acceptance for operations and Projects performed are defined in SOPs developed by the Government for hazardous operations.

The Government is ultimately responsible for the development and content of an SOP for a Government operation or work task, and the PAH must ensure and verify compliance with applicable SOP requirements for protection of their personnel involved to meet safety and health obligations.

8) Ensure that when a work task, procedure or operation is determined unsafe, or unsafe conditions are found to exist, discontinue work immediately and concurrently report the determination to the onsite manager, who will then notify Government Safety personnel and the AOR without delay for appropriate assessment and resolution.

9) Adhere to all applicable Occupational Safety and Health Administration (OSHA) regulations for protection of the safety and health of their personnel, including observing, monitoring, status, oversight and record keeping requirements.

10) Make available all required safety documentation and related information for review and acceptability upon request of the Agreements Officer (AO), Agreements Officer Representative (AOR) or AMRDEC Safety Office (as the Government contract safety representative per Army Regulation).

d. For Operations Involving Explosives Only: PAH employees exposed to or involved with operations and work tasks involving Class 1 Arms, Ammunition and Explosives (AA&E) must be properly trained and certified in explosives safety prior to commencing duties. This includes duties as assigned safety, mission assurance and supervisory “oversight” of any explosives operation. Explosives safety training will be provided through use of formal classroom instruction; on-line, distance-learning explosives safety training courses; and, on the-job (OJT) training, including locally tailored Hazards Familiarization (HAZFAM), as defined in applicable Government requirements documents and dependent upon job duty assignment.

PAH developed or other similar PAH provided training may be considered as an equivalent replacement in lieu of Government provided training with prior Government approval. The PAH employee(s) shall obtain an Army Knowledge Online (AKO) account and Common Access Card (CAC) to access on-line, distance learning training courses. To maintain a “certified” or “qualified” status, employees shall be required to attend annual (every 12-months) Explosives Safety Refresher training provided by the Government (or Government approved contractor equivalent training). The PAH shall provide to the Government a listing of all personnel working with AA&E (on company letterhead and signed by a company management official) certifying that they have been appropriately trained and are qualified/certified to work with AA&E IAW all applicable Government safety requirements.

e. The PAH shall comply with all applicable and required Government Safety Regulations and Requirements, to include those listed below and any subsequent updates, as follows:

1) AR 385-10, The Army Safety Program.

2) DA Pamphlet 385-10, Army Safety Program.

3) AMC-R 385-10, U.S. Army Materiel Command (AMC) Safety Program.

4) AMC-R 385-100, U.S. Army Material Command (AMC) Safety Manual.

5) RDECOM Reg 385-10, U.S. Army Research, Development and Engineering Command

Safety Program.

6) AMC-R 700-107, Preparation of Standing Operating Procedures (SOP) for Ammunition

Operations.

7) AMC-R 350-4, Training and Certification Program for Personnel Working in

Ammunition Operations.

8) DOD 6055.9-M, DOD Ammunition and Explosives Safety Standards.

9) DA PAM 385-64, Ammunition and Explosives Safety Standards.

10) RA-0000-A-WD-350-4, AMRDEC Weapons Development & Integration (WD&I)

Directorate’s Program Document, “Training and Certification Program for Personnel Working in Class 1 Ammunition and Explosives (AE) Operations.”

11) Host Government Installation/Service Safety Requirements.

f. FAR and DFARS Clauses:

1) FAR 23.3, Hazardous Material Identification and Material Safety Data and Clause

52.223-3.

2) For all service and supply contracts, the PAH shall comply with FAR Clause

36.513, Accident Prevention and Clause 52.236-13 (or Alt 1 for Services).

3) For operations involving explosives, the PAH shall comply with DFARS and PGI

223-370 (Safety Precautions for Ammunition and Explosives) and Clauses 252.223- 7002, 252.223-7003 and 252.223-7007.

FAR 52.223-3 -- Hazardous Material Identification and Material Safety Data.

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of Clause)

FAR 52.236-13 -- Accident Prevention.

(a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall --

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(End of Clause)

Alternate I. If the contract will involve (a) work of a long duration or hazardous nature, or (b) performance on a Government facility that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and/or Government personnel or property, add the following paragraph (f) to the basic clause:

(f) Before commencing the work, the Contractor shall --

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives.

(a) Definition. “Ammunition and explosives,” as used in this clause—

(1) Means liquid and solid propellants and explosives, pyrotechnics, incendiaries and smokes in the following forms:

(i) Bulk,

(ii) Ammunition;

(iii) Rockets;

(iv) Missiles;

(v) Warheads;

(vi) Devices; and

(vii) Components of (i) through (vi), except for wholly inert items.

(2) This definition does not include the following, unless the Contractor is using or incorporating these materials for initiation, propulsion, or detonation as an integral or component part of an explosive, an ammunition or explosive end item, or of a weapon system—

(i) Inert components containing no explosives, propellants, or pyrotechnics;

(ii) Flammable liquids;

(iii) Acids;

(iv) Oxidizers;

(v) Powdered metals; or

(vi) Other materials having fire or explosive characteristics.

(b) Safety requirements.

(1) The Contractor shall comply with the requirements of the DoD Contractors' Safety Manual for Ammunition and Explosives, DoD 4145.26-M, hereafter referred to as “the manual,” in effect on the date of the solicitation for this contract. The Contractor shall also comply with any other additional requirements included in the schedule of this contract.

(2) The Contractor shall allow the Government access to the Contractor's facilities, personnel, and safety program documentation. The Contractor shall allow authorized Government representatives to evaluate safety programs, implementation, and facilities.

(c) Noncompliance with the manual.

(1) If the Contracting Officer notifies the Contractor of any noncompliance with the manual or schedule provisions, the Contractor shall take immediate steps to correct the noncompliance.

The Contractor is not entitled to reimbursement of costs incurred to correct noncompliances unless such reimbursement is specified elsewhere in the contract.

(2) The Contractor has 30 days from the date of notification by the Contracting Officer to correct the noncompliance and inform the Contracting Officer of the actions taken. The Contracting Officer may direct a different time period for the correction of noncompliances.

(3) If the Contractor refuses or fails to correct noncompliances within the time period specified by the Contracting Officer, the Government has the right to direct the Contractor to cease performance on all or part of this contract. The Contractor shall not resume performance until the Contracting Officer is satisfied that the corrective action was effective and the Contracting Officer so informs the Contractor.

(4) The Contracting Officer may remove Government personnel at any time the Contractor is in noncompliance with any safety requirement of this clause.

(5) If the direction to cease work or the removal of Government personnel results in increased costs to the Contractor, the Contractor shall not be entitled to an adjustment in the contract price or a change in the delivery or performance schedule unless the Contracting Officer later determines that the Contractor had in fact complied with the manual or schedule provisions. If the Contractor is entitled to an equitable adjustment, it shall be made in accordance with the Changes clause of this contract.

(d) Mishaps. If a mishap involving ammunition or explosives occurs, the Contractor shall—

(1) Notify the Contracting Officer immediately;

(2) Conduct an investigation in accordance with other provisions of this contract or as required by the Contracting Officer; and

(3) Submit a written report to the Contracting Officer.

(e) Contractor responsibility for safety.

(1) Nothing in this clause, nor any Government action or failure to act in surveillance of this contract, shall relieve the Contractor of its responsibility for the safety of—

(i) The Contractor's personnel and property;

(ii) The Government's personnel and property; or

(iii) The general public.

(2) Nothing in this clause shall relieve the Contractor of its responsibility for complying with applicable Federal, State, and local laws, ordinances, codes, and regulations (including those requiring the obtaining of licenses and permits) in connection with the performance of this contract.

(f) Contractor responsibility for contract performance.

(1) Neither the number or frequency of inspections performed by the Government, nor the degree of surveillance exercised by the Government, relieve the Contractor of its responsibility for contract performance.

(2) If the Government acts or fails to act in surveillance or enforcement of the safety requirements of this contract, this does not impose or add to any liability of the Government.

(g) Subcontractors.

(1) The Contractor shall insert this clause, including this paragraph (g), in every subcontract that involves ammunition or explosives.

(i) The clause shall include a provision allowing authorized Government safety representatives to evaluate subcontractor safety programs, implementation, and facilities as the Government determines necessary.

(ii) NOTE: The Government Contracting Officer or authorized representative shall notify the prime Contractor of all findings concerning subcontractor safety and compliance with the manual. The Contracting Officer or authorized representative may furnish copies to the subcontractor. The Contractor in turn shall communicate directly with the subcontractor, substituting its name for references to “the Government”. The Contractor and higher tier subcontractors shall also include provisions to allow direction to cease performance of the subcontract if a serious uncorrected or recurring safety deficiency potentially causes an imminent hazard to DoD personnel, property, or contract performance.

(2) The Contractor agrees to ensure that the subcontractor complies with all contract safety requirements. The Contractor will determine the best method for verifying the adequacy of the subcontractor's compliance.

(3) The Contractor shall ensure that the subcontractor understands and agrees to the Government's right to access to the subcontractor's facilities, personnel, and safety program documentation to perform safety surveys. The Government performs these safety surveys of subcontractor facilities solely to prevent the occurrence of any mishap which would endanger the safety of DoD personnel or otherwise adversely impact upon the Government's contractual interests.

(4) The Contractor shall notify the Contracting Officer or authorized representative before issuing any subcontract when it involves ammunition or explosives. If the proposed subcontract represents a change in the place of performance, the Contractor shall request approval for such change in accordance with the clause of this contract entitled “Change in Place of Performance- -Ammunition and Explosives”.

(End of clause)

DFARS 252.223-7003 Change in Place of Performance--Ammunition and Explosives.

(a) The Offeror shall identify, in the “Place of Performance” provision of this solicitation, the place of performance of all ammunition and explosives work covered by the Safety Precautions for Ammunition and Explosives clause of this solicitation. Failure to furnish this information with the offer may result in rejection of the offer.

(b) The Offeror agrees not to change the place of performance of any portion of the offer covered by the Safety Precautions for Ammunition and Explosives clause contained in this solicitation after the date set for receipt of offers without the written approval of the Contracting Officer. The Contracting Officer shall grant approval only if there is enough time for the Government to perform the necessary safety reviews on the new proposed place of performance.

(c) If a contract results from this offer, the Contractor agrees not to change any place of performance previously cited without the advance written approval of the Contracting Officer.

(End of clause)

DFARS 252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives.

(a) Definition. “Arms, ammunition, and explosives (AA&E),” as used in this clause, means those items within the scope (chapter 1, paragraph B) of DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives.

(b) The requirements of DoD 5100.76-M apply to the following items of AA&E being developed, produced, manufactured, or purchased for the Government, or provided to the Contractor as Government-furnished property under this contract:

NOMENCLATURE NATIONAL

STOCK NUMBER

SENSITIVITY/

CATEGORY

(c) The Contractor shall comply with the requirements of DoD 5100.76-M, as specified in the statement of work. The edition of DoD 5100.76-M in effect on the date of issuance of the solicitation for this contract shall apply.

(d) The Contractor shall allow representatives of the Defense Security Service (DSS), and representatives of other appropriate offices of the Government, access at all reasonable times into its facilities and those of its subcontractors, for the purpose of performing surveys, inspections, and investigations necessary to review compliance with the physical security standards applicable to this contract.

(e) The Contractor shall notify the cognizant DSS field office of any subcontract involving AA&E within 10 days after award of the subcontract.

(f) The Contractor shall ensure that the requirements of this clause are included in all subcontracts, at every tier

(1) For the development, production, manufacture, or purchase of AA&E; or

(2) When AA&E will be provided to the subcontractor as Government-furnished property.

(g) Nothing in this clause shall relieve the Contractor of its responsibility for complying with applicable Federal, state, and local laws, ordinances, codes, and regulations (including requirements for obtaining licenses and permits) in connection with the performance of this contract.

(End of clause)

Definitions:

a. Hazardous Operation – Any operation or equipment involving a level of risk or danger to personnel, property or the environment with a potential for a Mishap Severity of Catastrophic or Critical (injuries or illness which could result in death, permanent total or partial disability, emergency hospitalization with lost work days, property damage exceeding $50K, and/or environmental damage causing a violation of law or regulation).

b. Ammunition and Explosives Certification Requirements – These requirements serve as the explosives worker’s guide for information on training, certification, licensing, and safety for conducting explosives operations within AMRDEC. References for compliance include: DOD 6055.9 STD (DOD Ammunition and Explosives Safety Standards); AR 38564 (U.S. Army Explosives Safety Program); AR 385-10 (Army Safety Program); DA PAM 385-64 (Ammunition and Explosives Safety Standards); AMCR 385-100 (Safety Manual); AMCR 350-4 (Training and Certification Program for Personnel Working in Ammunition Operations); and, RA-0000-A-WD-350-4, AMRDEC Weapons Development & Integration (WD&I) Directorate’s Program Document, “Training and Certification Program for Personnel Working in Class 1 Ammunition and Explosives (AE) Operations.”

Note: All PAH employees working with ammunition and explosives must meet the certification standards defined in AMCR 350-4 and 385-100 and the criteria for certification and licensing as required for explosive operations.