52.223-3 Hazardous Material Identification and Material Safety Data
Source: FAR 52.223-3 on acquisition.gov
Contractors must identify all hazardous materials delivered and provide up-to-date Material Safety Data Sheets to ensure government personnel safety and regulatory compliance.
Overview
FAR 52.223-3 requires contractors to identify and provide safety data for any hazardous materials delivered under a government contract. The clause mandates listing all hazardous materials, updating the list as needed, and submitting Material Safety Data Sheets (MSDS) that comply with OSHA and Federal Standard No. 313. Contractors must notify the Contracting Officer of any changes in material composition or regulations affecting the data. The clause also clarifies that compliance with this requirement does not relieve contractors of broader legal responsibilities for hazardous materials, and it grants the government broad rights to use and disclose the safety data for health and safety purposes. Alternate I adds specific requirements for providing MSDS copies with shipments to consignees and agency depots.
Key Rules
- Hazardous Material Identification
- Contractors must list all hazardous materials to be delivered and update the list if new materials are added during contract performance.
- Material Safety Data Sheet (MSDS) Submission
- Contractors must submit MSDS for each hazardous material before award, and update them if material composition or regulations change.
- Government Rights in Data
- The government may use, duplicate, and disclose MSDS data for safety and medical purposes, overriding other data rights clauses.
- Alternate I Shipping Requirements
- When Alternate I applies, MSDS copies must accompany shipments or be affixed to containers for agency depots.
Responsibilities
- Contracting Officers: Ensure hazardous materials are identified and MSDS are submitted and updated as required.
- Contractors: Identify hazardous materials, submit and update MSDS, notify of changes, and comply with all applicable laws and regulations.
- Agencies: Oversee compliance and use MSDS data for safety and health purposes.
Practical Implications
- This clause ensures the government and its personnel are informed of hazards and can respond to emergencies involving hazardous materials.
- Contractors must have robust processes for hazardous material identification, MSDS management, and regulatory compliance.
- Failure to comply can result in ineligibility for award or contract breaches, and does not shield contractors from liability under other laws.
As prescribed in 23.304(a)(1), insert the following clause:
Hazardous Material Identification and Material Safety Data (Feb 2021)
(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
|
Material (If none, insert None) |
Identification No. |
|
____________________ |
____________________ |
|
____________________ |
____________________ |
|
____________________ |
____________________ |
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of clause)
Alternate I (July 1995). As prescribed in 23.304(a)(2), add the following paragraph (i) to the basic clause:
(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous materials identified in paragraph (b) of this clause.
(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.
(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.