FAR 42.301 / 42.302 – Contract Administration Office (CAO) Functions (specifically (39) – Ensure contractor compliance with contractual safety requirements):
- FAR Part 42 assigns contract administration responsibilities.
- The Contracting Officer normally delegates to the CAO (typically DCMA – Defense Contract Management Agency) the function of ensuring the contractor complies with all contractual safety requirements.
- This includes monitoring adherence to DoDM 4145.26-M once incorporated, verifying corrective actions on deficiencies, and recommending enforcement actions (e.g., directed cessation of performance).
- Ties directly to Chapter 1 responsibilities (pre-award surveys, post-award compliance, waivers routed via ACO to PCO).
DFARS Subpart 223.370 – Safety Precautions for Ammunition and Explosives:
- Scope (223.370-1): Applies to ALL DoD acquisitions involving the use, handling, or storage of ammunition and explosives (including subcontracts).
- Policy (223.370-3): DoD policy requires contractors to take reasonable precautions to minimize mishaps. This policy is implemented by incorporating DoDM 4145.26-M into contracts. The Manual contains mandatory safety requirements. (On Government-owned installations, the component’s AE regulation may substitute or supplement.)
- Contract Clauses (223.370-5): Mandates use of DFARS 252.223-7002 and 252.223-7003 in every solicitation and contract involving AE.
- Requires pre-award AE safety surveys (including subcontractors).
DFARS 252.223-7002 – Safety Precautions for Ammunition and Explosives (check current version):
- Core Requirement: The Contractor SHALL comply with DoDM 4145.26-M (the version in effect on the date of the solicitation) plus any additional requirements in the contract schedule.
- Government Rights: Unlimited access to contractor facilities, personnel, and safety program documentation.
- Notification & Correction: Contractor must immediately notify the ACO of any mishap involving AE. Upon notice of noncompliance, contractor has 30 days (or directed period) to correct or submit corrective actions. Failure allows the Government to direct cessation of performance.
- Waivers/Site Plans: Contractor submits post-award waiver requests, site plan modifications, or construction reviews through the ACO.
- Subcontracts: Contractor must notify the Contracting Officer before placing any AE subcontract.
DFARS 252.223-7003 – Change in Place of Performance—Ammunition and Explosives (check current version):
- Offeror must identify (in the solicitation) the exact place of performance for all AE work covered by the safety clause.
- Contractor may NOT change the place of performance (or subcontract it) without advance written approval of the Contracting Officer.
- Approval is granted only if there is sufficient time for Government safety reviews (pre-award or pre-operational survey per Chapter 1).
Lesson Objectives
- Identify the specific role of the CAO under FAR 42.301(39) in enforcing contractual safety requirements.
- Explain how DFARS Subpart 223.370 makes DoDM 4145.26-M mandatory and requires the two safety clauses.
- Detail the contractor obligations and Government rights under DFARS 252.223-7002.
- Describe the restrictions and approval process for changing place of performance under DFARS 252.223-7003.
- Recognize how these regulations provide the legal “teeth” for Chapter 1 compliance, waiver, and survey processes.
- Understand prime-contractor accountability for subcontractors and the risks of noncompliance.
Spirit and Intent: The spirit of this regulatory framework is to ensure that every DoD AE contract carries ironclad, enforceable safety standards from the moment of solicitation through contract closeout. The intent is crystal clear: DoD will only do business with contractors who can and will meet the exacting requirements of DoDM 4145.26-M, and the Government retains full visibility and enforcement authority. By embedding the Manual via DFARS 223.370 and the two clauses, requiring CAO oversight (FAR 42.301(39)), mandating pre-approval for facility changes, and providing swift remedies for noncompliance, these rules prevent unsafe operations from ever beginning and protect DoD operations, personnel, property, and the public. They transform Chapter 1’s “minimum contractual safety requirements” from guidance into binding obligations with real consequences — exactly as intended when the Manual was issued.