Subpart 26.5
Drug-Free Workplace
FAR Subpart 26.5 requires contractors to maintain a drug-free workplace and imposes strict penalties for non-compliance, including contract termination and debarment.
Overview
FAR Subpart 26.5 establishes requirements for maintaining a drug-free workplace in federal contracting. It outlines the scope, applicability, authority, definitions, policy, enforcement actions, and required contract clauses related to drug-free workplace compliance. The subpart is designed to ensure that contractors and their employees do not engage in the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances in the performance of federal contracts. It also details the consequences for non-compliance, including suspension of payments, contract termination, and debarment, and mandates the inclusion of a specific contract clause to enforce these requirements.
Key Rules
- Scope and Applicability
- Specifies which contracts and contractors are subject to drug-free workplace requirements, generally applying to contracts above the simplified acquisition threshold, with some exceptions.
- Policy and Enforcement
- Establishes a clear policy requiring contractors to maintain a drug-free workplace and outlines enforcement mechanisms for violations, including suspension, termination, and debarment.
- Contract Clause Requirement
- Mandates the inclusion of a specific clause in applicable contracts to ensure contractor compliance with drug-free workplace obligations.
Responsibilities
- Contracting Officers: Must ensure inclusion of the drug-free workplace clause in applicable contracts and take enforcement actions if violations occur.
- Contractors: Required to maintain a drug-free workplace, comply with all related policies, and notify the government of any violations.
- Agencies: Oversee compliance, enforce penalties, and maintain oversight of contractor adherence to drug-free workplace requirements.
Practical Implications
- This subpart exists to promote safety, integrity, and reliability in federal contracting by preventing drug-related issues in the workplace.
- Contractors must implement robust drug-free policies and procedures, train employees, and report violations to avoid severe penalties.
- Common pitfalls include failing to notify the government of violations, inadequate employee education, or omitting required contract clauses.