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Tesla and SpaceX founder Elon Musk allegedly smoked a few puffs of cannabis ("weed") and drank whiskey with Joe Rogan during a live-streaming interview on the "Joe Rogan Show," which is a popular podcast hosted by former Fear Factor host and current Mixed Martial Arts (MMA) commentator, Joe Rogan. 

https://www.businessinsider.com/nasa-launches-safety-review-of-spacex-after-elon-musk-smoked-weed-2018-11

SpaceX (and Boeing) have big contracts with NASA. This behavior prompted NASA executives to request a "safety review" of SpaceX (and Boeing).

What might this safety review entail? PepeTheFrog assumes at least some part of this review would be targeted towards any possible illegal drug use of contracted employees at SpaceX (and Boeing).

What FAR or NASA clauses would this review rely upon? If SpaceX or Boeing refuses, what could the government use to demand compliance?

Under which FAR clause would the safety review's initiation and execution be premised upon?

FAR Subpart 23.5, Drug-Free Workplace

FAR 52.223-6, Drug-Free Workplace

 

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There could be security clearance requirements requiring compliance with all federal laws (for safety reasons).

Maybe the contractor drives a government vehicle and local clauses prohibit drug use as a safety matter.

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This is styled as a "safety" review -- not a drug-free workplace review, and not a security clearance review, and not a safe driving review.  NASA takes flight safety VERY seriously, and rightly so.  This is not a contracting matter.

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2 hours ago, ji20874 said:

This is not a contracting matter.

I agree that NASA takes safety very seriously.  However, I am curious about this statement.  If it is not a contracting matter, what is the government's authority to conduct such a review?

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I have worked on DoS and DoD contracts that had clauses for code of employee behavior,  heavy handed personal liabilities clauses, contractor termination clauses, and more, I know its possible it could be a "'contracting matter" if the government included same or similar clauses.

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ABC News reported " (NASA) officials issued a press release this week saying they would be undertaking a “cultural assessment study” of commercial partners SpaceX and Boeing “to ensure the companies are meeting NASA’s requirements for workplace safety, including the adherence to a drug-free environment.”

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here_2_help,

I don’t know if they are or aren’t, but I would look to the definition of commercial item under para. (6).  My guess is that they are not.

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