Guest PepeTheFrog Posted November 21, 2018 Report Share Posted November 21, 2018 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 Link to comment Share on other sites More sharing options...
jwomack Posted November 21, 2018 Report Share Posted November 21, 2018 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. Link to comment Share on other sites More sharing options...
ji20874 Posted November 21, 2018 Report Share Posted November 21, 2018 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. Link to comment Share on other sites More sharing options...
Retreadfed Posted November 21, 2018 Report Share Posted November 21, 2018 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? Link to comment Share on other sites More sharing options...
general_correspondence Posted November 21, 2018 Report Share Posted November 21, 2018 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. Link to comment Share on other sites More sharing options...
Neil Roberts Posted November 23, 2018 Report Share Posted November 23, 2018 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.” Link to comment Share on other sites More sharing options...
Guest PepeTheFrog Posted November 23, 2018 Report Share Posted November 23, 2018 Any managers reading this should announce, during the next company-wide or targeted pee test, that it is merely a "cultural assessment study." Link to comment Share on other sites More sharing options...
here_2_help Posted November 24, 2018 Report Share Posted November 24, 2018 How are SpaceX services not commercial items? Link to comment Share on other sites More sharing options...
ji20874 Posted November 25, 2018 Report Share Posted November 25, 2018 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. Link to comment Share on other sites More sharing options...
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