[Code of Federal Regulations] [Title 48, Volume 4] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 48CFR323.7002] [Page 53] TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM CHAPTER 3--HEALTH AND HUMAN SERVICES PART 323_ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND D RUG-FREE WORKPLACE--Table of Contents Subpart 323.70_Safety and Health Sec. 323.7002 Actions required. (a) Contracting activities. Contracting activities shall use the clause set forth in 352.223-70, or a clause reading substantially the same, in prospective contracts and subcontracts involving hazardous materials or operations for the following: (1) Services or products; (2) Research, development, or test projects; (3) Transportation of hazardous materials; and (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 should be included in 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 a request for contract, 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 office 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. [[Page 54]]