26.503 Definitions
Source: FAR 26.503 on acquisition.gov
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.
As used in this subpart-
Controlled substance means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim" target="_blank">21 U.S.C. 812), and as further defined in regulation at 21 CFR1308.11–1308.15.
Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.
Employee means an employee of a contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other contract employee who has other than a minimal impact or involvement in contract performance.
Individual means an offeror/contractor that has no more than one employee including the offeror/contractor.