Overview
This section defines the scope of the Drug-Free Workplace requirements, specifying that they apply to most federal contracts and modifications while listing five distinct categories of exemptions.
Key Rules
- Broad Coverage: The subpart applies to standard contracts, 8(a) program awards, and modifications requiring a Justification and Approval (J&A).
- Threshold Exception: Contracts at or below the simplified acquisition threshold (SAT) are exempt, unless the contract is awarded to an individual, in which case the requirements apply regardless of dollar value.
- Commercial Items Exemption: The rules do not apply to the acquisition of commercial products or commercial services.
- Geographic Limitation: Requirements only apply to contract performance occurring within the United States and its outlying areas.
- Special Circumstances: Exemptions exist for undercover law enforcement operations (determined by the agency head) and instances where the rules conflict with international obligations or foreign laws.
Practical Implications
- Contractors providing commercial services or products are generally relieved from these specific FAR subpart requirements.
- Sole proprietors and individual consultants must comply with drug-free workplace standards even on very small-dollar contracts where a larger corporation would be exempt.