52.223-7 Notice of Radioactive Materials
Source: FAR 52.223-7 on acquisition.gov
Contractors must provide advance written notice and proper labeling for items containing certain radioactive materials, ensuring safety and regulatory compliance for government deliveries.
Overview
FAR 52.223-7, Notice of Radioactive Materials, requires contractors to provide advance written notice to the Contracting Officer before delivering or servicing items containing certain levels of radioactive materials. The clause ensures that the government is aware of and can take appropriate safety and licensing measures for radioactive materials entering its supply chain. It applies to both specifically licensed radioactive materials and those exceeding specified activity thresholds, and mandates clear labeling and subcontract flowdown.
Key Rules
- Advance Written Notice
- Contractors must notify the Contracting Officer in writing a specified number of days before delivering or servicing items containing radioactive materials that meet defined regulatory thresholds.
- Waiver of Notice
- If there are no changes in the radioactive material from previous deliveries, contractors may request a waiver of the notice requirement, provided they submit a written request with supporting details.
- Labeling Requirements
- All items and containers with qualifying radioactive materials must be clearly marked and labeled per MIL-STD 129.
- Subcontract Flowdown
- The clause must be included in all subcontracts involving radioactive materials meeting the specified criteria.
Responsibilities
- Contracting Officers: Specify the advance notice period, ensure compliance, and process waiver requests.
- Contractors: Provide timely written notice, ensure proper labeling, and flow down the clause to applicable subcontracts.
- Agencies: Oversee compliance and ensure safety and health precautions are instituted.
Practical Implications
- This clause exists to protect personnel and facilities from radioactive hazards and to ensure regulatory compliance.
- Contractors must have robust processes for identifying, documenting, and communicating about radioactive materials.
- Common pitfalls include failing to provide timely notice, improper labeling, or neglecting to flow down requirements to subcontractors.
As prescribed in 23.304(b), insert the following clause:
Notice of Radioactive Materials (Jan 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, ______________*days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No.9000-0107).
* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions.
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
(End of clause)