Reclamation Acquisition Regulations (RAR)
PART WBR 1423
HAZARDOUS MATERIAL IDENTIFICATION
AND MATERIAL SAFETY DATA
SUBPART WBR 1423 -- ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
SUBPART WBR 1423.3 -- HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
WBR 1423.300 Scope of subpart.
WBR 1423.302 General.
WBR 1423.302-80 Reclamation
safety policy.
WBR
1423.302-81 Use of asbestos material.
WBR 1423.302-82 Safety and health requirements.
WBR 1423.302-83
Contract clauses.
WBR
1423.302-84 Acquisition of personal protective equipment.
SUBPART WBR 1423.4 -- USE OF RECOVERED MATERIALS
WBR 1423.400 Scope of subpart.
WBR 1423.402 Authorities.
WBR 1423.403 Policy.
WBR 1423.404 Agency
Affirmative Procurement Program.
SUBPART WBR 1423.6 -- NOTICE OF RADIOACTIVE MATERIAL
SUBPART WBR 1423.80 -- PROTECTING FEDERAL EMPLOYEES
AND THE PUBLIC
|FROM EXPOSURE TO TOBACCO SMOKE
IN THE FEDERAL WORKPLACE
WBR 1423.800 Scope of Subpart.
WBR 1423.801 Contract clause.
PART WBR 1423
ENVIRONMENT, ENERGY AND WATER EFFICIENCY,
RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE
WORKPLACE
WBR 1423.000 Scope. This part prescribes Reclamation acquisition policies and procedures for safety and health, exemptions and responsibilities for pollution control, and identification of hazardous material.
SUBPART WBR 1423.3 -- HAZARDOUS MATERIAL IDENTIFICATION
ANDMATERIAL SAFETY DATA
WBR 1423.302-80 Reclamation safety policy. This section prescribes policies and procedures for --
(a) Acquisition of asbestos-free materials; and
(b) construction safety requirements as contained in the Reclamation Safety and Health Standards manual.
WBR 1423.302-81 Use of asbestos-free material.
(a) Reclamation policy is to acquire and use asbestos-free material whenever such materials are available pursuant to the Commissioner's memorandums dated September 30, 1988, and August 27, 1992.
(b) This policy is implemented through the use of a Reclamation contract clause prescribed in WBR 1423.302-83(a) which --
(1) States the asbestos-free material policy;
(2) Provides for the CO to approve an exception to the policy when asbestos-free products are not available;
(3) Requires documentation to support a request for an exception from a contractor that asbestos-free products are not available; and
(4) Provides notice that CO disapproval of a request for an exception shall be final and not subject to the "Disputes" clause of the contract.
WBR 1423.302-82 Safety and health requirements.
(a) It is Reclamation policy that its contractors not require any laborer or mechanic to work under conditions that are unsanitary, hazardous, or dangerous to the employee's health or safety.
(b) This policy is implemented through the use of a contract clause prescribed in WBR 1423.302-83(b) which requires contractors to --
(1) Comply with the Reclamation Safety and Health Standards manual including requirements contained therein for submission of safety data submittals and material safety data submittals;
(2) Obtain copies of the Reclamation Safety and Health Standards manual from the Government Printing Officer (Stock Item GPO-024-003-00178-3);
(3) Submit a written proposed safety program for approval;
(4) Upon notification, correct violations of the safety and health requirements; and
(5) Maintain and submit certain accident reports to the CO.
WBR 1423.302-83 Contract clauses.
(a) The CO shall insert the clause at WBR 1452.223-80 , Asbestos-Free Warranty -- Bureau of Reclamation, in applicable solicitations and contracts for supplies or services (including construction).
(b) The CO shall insert the clause at WBR 1452.223-81 , Safety and Health -- Bureau of Reclamation, in all actions below the Simplified Acquisition Threshold which are for construction and in all other solicitations and contracts which contain the clause at FAR 52.236-13, Accident Prevention. If the CO desires to furnish the RSHS manual from a local source, the clause shall be used with its Alternate I.
WBR 1423.302-84 Acquisition of personal protective equipment.
(a) Policy. Personal protective equipment required under safety and health regulations, reference standards, and Reclamation safety and health policy shall be purchased by the Government and issued at no cost to employees, whenever needed to provide protection from hazards of activities, processes, or environments.
(1) Safety boots. Federal Supply Schedule (FFS), Group 84, Part II, Section B, Clothing and Furnishings: Special Purpose Clothing, is a nonmandatory source of supply for acquisitions of safety boots under the procedures of FAR 8.404.
(2) Protective prescription eyewear. Reclamation's policy is to acquire eye and face protection in compliance with the Occupational Safety and Health Administration, Federal Employee Occupational Safety and Health Program.
(3) Video Display Terminal (VDT) eyeglasses.
(i) When Reclamation is to acquire protective eyewear for employees, the employee is responsible for providing a specific prescription for VDT use and their individual vision, current within the last year. Cost difference for frame styles other than standard will be borne by the employee.
(ii) Waiver for Acquisition of prescription, safety, and VDT eyewear. Regions are responsible for requesting waivers from UNICOR's mandatory purchasing requirements for the procurement of prescription, safety, and VDT eyewear since UNICOR will no longer issue a blanket waiver for use Reclamationwide. Once a waiver is approved by UNICOR, these items may be purchased on the open market until the waiver or its successor waivers are not renewed.
SUBPART WBR 1423.4 -- USE OF RECOVERED MATERIALS
WBR 1423.400 Scope of subpart. This subpart provides policies and procedures necessary to implement Department of the Interior Acquisition Policy Release 97-2, dated December 2, 1996, and establishes Reclamation's Affirmative Procurement Program to promote acquisition of products made from recovered materials and recycled materials.
WBR 1423.401 Authorities. Reclamation's Affirmative Procurement Program is established pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976, as amended Procurement (EPA) Guidelines for Government Agencies for Recovered Materials and Products (40 CFR 247-250, 252 and 253); Executive Order (EO) 12759 dated April 17, 1991, and EO 12780 dated October 31, 1991.
WBR 1423.403 Policy. The policy of the Department of the Interior in acquiring materials and products is to ensure --
(a) Specifications do not exclude the use of recovered materials;
(b) Specifications do not require items to be manufactured from virgin materials;
(c) EPA designated items with recovered materials are acquired to the greatest extent practicable;
(d) Items which will result in a decrease in the generation of waste are acquired to the greatest extent practicable; and
(e) Cost-effective purchases and use of environmentally-sound and energy efficient products and services are utilized.
WBR 1423.404 Agency Affirmative Procurement Program.
(a) Preference program.
(1)
(i) In accordance with FAR 23.405(a) and EPA Procurement Guidelines for Government Agencies, preference shall be given for the acquisition of the following materials and products:
(A) Paper and paper products (40 CFR Part 250);
(B) Lubricating oils (40-CFR Part 252);
(C) Retread tires (40 CFR Part 253);
(D) Insulation products (40 CFR 248); and
(E) Other guideline items as they are established.
(ii) Waiver of the preference requirements in subparagraph (a)(1)(i) above shall be made in accordance with FAR 23.405(c). The initiator of a requisition for a requirement which contains materials or products listed in subparagraph (a)(1)(i) above is responsible for furnishing information with the requisition for an acquisition involving a proposed waiver using the format illustrated at WBR 1453.303-1423-1 .
(iii) The CO shall promptly provide a copy of each waiver issued under (a)(1)(ii) above to the HCA.
(2)
(i) In accordance with EO 12759 dated April 17, 1991, a preference shall be given to the acquisition and use of environmentally sound and energy efficient products and services, to the extent that it is economically feasible, through the purchase of the following items:
(A) Energy efficient light bulbs available through the Defense Logistics Agency and the General Services Administration (GSA) supply systems;
(B) Environmentally safe and energy conserving products available through GSA Federal Supply Service schedules;
(C) Recharged toner cartridges for copiers and laser printers;
(D) Disposable products and packaging materials that do not contain harmful chlorofluorocarbons;
(E) Bio-degradable and other packaging and wrapping materials;
(F) Fleet vehicles that operate on alternative fuels, particularly compressed natural gas;
(G) Ethanol or methyl tertiary butyl ether blended gasoline in conventionally fueled motor vehicles that burns cleaner than regular unleaded gasoline to reduce petroleum consumption and air pollution;
(H) Solid waste management services which provide for the collection of recyclable materials for recycling purposes; and
(I) Other items which will result in a decrease in the generation of waste by reasons of reusability, durability or reduction in weight or volume.
(ii) Initiators of requisitions are responsible for compliance with the preferences in subparagraph (a)(2)(i) above; and
(iii) CO's are responsible for reviewing acquisitions to determine compliance with preference requirements and for assisting requisitioners to ensure environmentally sound and energy efficient products and services are acquired.
(3) Initiators of requisitions containing specifications which do not contain items covered by the EPA Procurement Guidelines For Government Agencies under WBR 1423.404(a) are responsible for ensuring that the specifications eliminate --
(i) Any exclusion of recovered material;
(ii) Any requirement that items be manufactured from virgin materials;
(iii) Any other practices that discriminate against use of recovered materials; and
(iv) Any disincentives either to source or to waste reduction.
(b) Promotion Program. Promotion of the preference program in paragraph (a) above shall be accomplished by the HCA and Construction Management, D-8160, through --
(1) Revisions of applicable Reclamation contract specifications for materials and products;
(2) Revisions of applicable contract specifications which do not contain the EPA Procurement Guidelines for Government agencies to comply with the requirements in subparagraph (a)(3) above; and
(3) Use of the EPA Affirmative Procurement Guidelines for Government agencies by initiators of requisitions, project personnel and management, and operating service contractors.
(c) Verification and Certification Program. The CO shall ensure compliance with the requirements of FAR 23.406 and the receipt of the certification required by the provisions at FAR 52.223-4, Recovered Materials Certification.
(d) Monitoring and Evaluation Program.
(1) Reporting requirements under the RCRA, Section 501 of EO 12780 and other requirements pertaining to this subpart shall be transmitted by the AAMS, D-7800.
(2) Construction Management, D-8160, is responsible for monitoring and evaluating compliance with this subpart for specifications it prepares.
(3) The HCO is responsible for monitoring and evaluating compliance with this subpart for specifications prepared by the regional office.
(4) The HCA is responsible for --
(i) Monitoring and evaluating the Affirmative Procurement Program; and
(ii) Collecting and submitting information required by the RCRA to the Office of Acquisition and Property Management, Department of the Interior, in the format requested.
SUBPART WBR 1423.6 -- NOTICE OF RADIOACTIVE
MATERIAL
WBR 1423.601 Requirements. In accordance with FAR 23.601 (d), the CO shall specify in the clause at FAR 52.223-7, Notice of Radioactive Materials, a period of 45-calendar days as the time in advance of delivery that the contractor will provide notification.
SUBPART WBR 1423.80 -- PROTECTING FEDERAL
EMPLOYEES
AND THE PUBLIC FROM EXPOSURE TO TOBACCO
SMOKE
IN THE FEDERAL WORKPLACE
AND THE PUBLIC FROM EXPOSURE TO TOBACCO SMOKE
IN THE FEDERAL WORKPLACE
WBR 1423.800 Scope of Subpart.
This subpart implements Executive
Order 13058 , dated August 9, 1997, which established a smoke-free
environment for Federal employees and members of the public visiting
or using Federal facilities. As a result of this Executive Order,
the smoking of tobacco products is prohibited in all interior
space owned, rented, or leased by the executive branch of the
Federal Government, and in any outdoor areas under executive branch
control in front of air intake ducts.
WBR 1423.801 Contract clause.
The CO shall insert the clause at WBR 1452.223-82, Protecting
Federal Employees and the Public from Exposure to Tobacco Smoke
in the Federal Workplace, in all solicitations, contracts, and
purchase orders which may require work at a Federal installation,
including attendance at meetings associated therewith.