23.304
Contract clauses
Contracting officers must include specific clauses for hazardous and radioactive materials in applicable contracts to ensure safety and regulatory compliance.
Overview
FAR 23.304 specifies the mandatory contract clauses that must be included in solicitations and contracts involving hazardous materials or radioactive materials. The regulation ensures that contractors and agencies address safety, identification, and regulatory compliance when hazardous or radioactive materials are delivered under government contracts. It also distinguishes requirements for Department of Defense (DoD) and non-DoD agencies.
Key Rules
- Hazardous Material Identification and Material Safety Data (FAR 52.223-3)
- This clause must be included in all solicitations and contracts requiring the delivery of hazardous materials as defined in FAR 23.301.
- For non-DoD agencies, the clause must be used with Alternate I, which may include additional or modified requirements.
- Notice of Radioactive Materials (FAR 52.223-7)
- This clause is required in contracts for supplies containing radioactive materials that require specific licensing under the Atomic Energy Act of 1954, or that exceed certain activity thresholds, regardless of licensing status.
- Applies to a wide range of items, including aircraft, ammunition, vehicles, and electronic components.
Responsibilities
- Contracting Officers: Must ensure the correct clauses are inserted into applicable solicitations and contracts, and use Alternate I for non-DoD agencies as required.
- Contractors: Must comply with the requirements of the inserted clauses, including providing hazardous material identification and safety data, and notifying about radioactive materials.
- Agencies: Must oversee compliance and ensure proper clause usage based on contract content and agency type.
Practical Implications
- This section exists to protect personnel, the public, and the environment from hazards associated with certain materials in government contracts.
- It impacts daily contracting by requiring careful review of contract content and the inclusion of specific clauses.
- Common pitfalls include failing to include the correct clause or using the wrong version (e.g., not using Alternate I for non-DoD agencies).