26.503
Definitions
Clear understanding of these definitions is essential for proper compliance with drug-free workplace requirements in government contracts.
Overview
FAR 26.503 provides definitions for key terms used in Subpart 26.5, which addresses requirements for maintaining a drug-free workplace in government contracting. Understanding these definitions is essential for both contractors and contracting officers to ensure proper compliance with drug-free workplace regulations. The section clarifies what constitutes a controlled substance, conviction, criminal drug statute, employee, and individual, all of which are critical for interpreting the obligations and procedures outlined in the subpart.
Key Rules
- Controlled Substance
- Refers to drugs listed in schedules I-V of the Controlled Substances Act and further defined in federal regulations.
- Conviction
- Includes any finding of guilt or sentencing by a judicial body for violations of drug statutes.
- Criminal Drug Statute
- Encompasses both federal and non-federal laws related to controlled substances.
- Employee
- Any contractor employee directly involved in contract performance, including those with more than minimal impact.
- Individual
- An offeror or contractor with no more than one employee, including themselves.
Responsibilities
- Contracting Officers: Must apply these definitions when enforcing drug-free workplace requirements and evaluating contractor compliance.
- Contractors: Must understand these terms to ensure proper implementation of drug-free workplace policies and reporting obligations.
- Agencies: Should ensure that all parties are aware of and use these definitions consistently in compliance and enforcement activities.
Practical Implications
- These definitions form the foundation for compliance with drug-free workplace requirements, affecting reporting, policy development, and enforcement.
- Misunderstanding or misapplying these terms can lead to compliance failures, contract disputes, or enforcement actions.