Overview
This section prescribes the specific contract clauses that Contracting Officers must include in solicitations and contracts when the acquisition involves the delivery of hazardous or radioactive materials. It ensures that the government receives necessary safety data and formal notification regarding the nature of the materials being procured.
Key Rules
- Hazardous Material Identification (FAR 52.223-3): This clause is mandatory if the contract requires the delivery of hazardous materials.
- Agency-Specific Application: While Department of Defense (DoD) agencies use the standard clause, all other federal agencies must use Alternate I of FAR 52.223-3.
- Notice of Radioactive Materials (FAR 52.223-7): This clause is required for supplies containing radioactive materials that:
- Require specific licensing under the Atomic Energy Act of 1954; or
- Meet specific activity thresholds (greater than 0.002 microcuries per gram or 0.01 microcuries per item).
- Broad Scope of Application: The requirement for radioactive notice applies to a wide range of common items, including aircraft, ammunition, electronic tubes, and instrument panel gauges.
Practical Implications
- Safety Documentation: Contractors must be prepared to provide Material Safety Data Sheets (MSDS) or specific technical safety data as a condition of delivery.
- Threshold Monitoring: For radioactive items, Contracting Officers and contractors must evaluate technical specifications against the microcurie thresholds to determine if notice requirements are triggered, even for items not requiring a specific license.