Policy
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.