26.504 Policy
Source: FAR 26.504 on acquisition.gov
Contractors must implement and maintain a comprehensive drug-free workplace program to be eligible for most federal contracts, with strict notification and compliance requirements.
Overview
FAR 26.504 establishes the policy requirements for contractors to maintain a drug-free workplace as a condition of being considered a responsible source for federal contracts exceeding the simplified acquisition threshold. The regulation outlines specific actions contractors must take, including publishing a drug-free workplace statement, implementing an ongoing awareness program, distributing policy statements to employees, and establishing procedures for handling employee drug convictions. For contracts of 30 days or more, compliance must occur within 30 days of award unless an extension is granted; for shorter contracts, compliance is required as soon as possible before completion. Individuals awarded contracts must also agree not to engage in unlawful drug activities during contract performance.
Key Rules
- Drug-Free Workplace Policy Statement
- Contractors must publish and distribute a statement prohibiting unlawful drug activities and specifying disciplinary actions.
- Awareness Program
- Contractors must implement an ongoing program to educate employees about drug abuse dangers, policies, available assistance, and penalties.
- Employee Notification and Reporting
- Employees must be informed of their obligation to report workplace drug convictions within 5 days; contractors must notify the contracting officer within 10 days of such notice.
- Personnel Actions for Convictions
- Contractors must take appropriate action (e.g., termination or rehabilitation) within 30 days of learning of a conviction.
- Good Faith Effort
- Contractors must make a good faith effort to maintain a drug-free workplace by implementing all required measures.
- Applicability to Individuals
- Individual contractors must agree not to engage in unlawful drug activities during contract performance.
- Compliance Deadlines
- Compliance timelines depend on contract duration (30 days for longer contracts, as soon as possible for shorter ones).
Responsibilities
- Contracting Officers: Ensure contractors meet drug-free workplace requirements and consider extension requests based on specific factors.
- Contractors: Implement all required drug-free workplace measures, notify employees and the contracting officer of convictions, and take appropriate personnel actions.
- Agencies: Oversee contractor compliance and enforce policy requirements.
Practical Implications
- This policy aims to ensure a safe, compliant, and productive federal contracting environment by preventing drug abuse in the workplace.
- Contractors must have clear policies, training, and reporting mechanisms in place to avoid disqualification or penalties.
- Failure to comply can result in loss of contract eligibility or other enforcement actions.
(a) No offeror other than an individual shall be considered a responsible source (see 9.104-1(g) and 19.602-1(a)(2)(i)) for a contract that exceeds the simplified acquisition threshold, unless it agrees that it will provide a drug-free workplace by-
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
(2) Establishing an ongoing drug-free awareness program to inform its employees about-
(i) The dangers of drug abuse in the workplace;
(ii) The contractor’s policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(3) Providing all employees engaged in performance of the contract with a copy of the statement required by paragraph (a)(1) of this section;
(4) Notifying all employees in writing in the statement required by paragraph (a)(1) of this section, that as a condition of employment on a covered contract, the employee will-
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;
(5) Notifying the contracting officer in writing within 10 days after receiving notice under subdivision (a)(4)(ii) of this section, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
(6) Within 30 days after receiving notice under paragraph (a)(4) of this section of a conviction, taking one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination.
(ii) Requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
(7) Making a good faith effort to maintain a drug-free workplace through implementation of paragraphs (a)(1) through (a)(6) of this section.
(b) No individual shall be awarded a contract of any dollar value unless that individual agrees not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing the contract.
(c) For a contract of 30 days or more performance duration, the contractor shall comply with the provisions of paragraph (a) of this section within 30 days after contract award, unless the contracting officer agrees in writing that circumstances warrant a longer period of time to comply. Before granting such an extension, the contracting officer shall consider such factors as the number of contractor employees at the worksite, whether the contractor has or must develop a drug-free workplace program, and the number of contractor worksites. For contracts of less than 30 days performance duration, the contractor shall comply with the provisions of paragraph (a) of this section as soon as possible, but in any case, by a date prior to when performance is expected to be completed.