Overview
FAR 36.513 prescribes the requirements for including safety and accident prevention clauses in federal construction, demolition, and service contracts to ensure contractor adherence to safety standards.
Key Rules
- Mandatory Inclusion: The Contracting Officer (CO) must include clause 52.236-13, Accident Prevention, in fixed-price construction or demolition contracts exceeding the simplified acquisition threshold.
- Discretionary Inclusion: The clause may be included in construction or demolition contracts at or below the simplified acquisition threshold.
- Alternate I Usage: The CO must use Alternate I of the clause if the work involves hazardous conditions or is expected to be of a long duration.
- Service Contracts: The clause (or Alternate I) must be used in service contracts performed at government facilities when technical representatives advise that special safety precautions are necessary.
- Regulatory Reporting: COs are directed to notify OSHA or other relevant federal, state, or local authorities if a contractor fails to immediately correct serious or imminent dangers after being notified.
Practical Implications
- Safety Compliance: Contractors performing high-risk or long-term work should prepare for more stringent safety requirements and oversight via Alternate I.
- Regulatory Risk: Failure to address safety hazards promptly can lead to direct reporting to OSHA, potentially resulting in external investigations and penalties beyond the scope of the contract.