Overview
FAR Subpart 23.3 establishes the policies and procedures for identifying hazardous materials and providing notice regarding radioactive materials in government acquisitions. Its primary purpose is to ensure that the government receives necessary safety data (MSDS) to protect federal employees and ensure the safe handling, storage, and disposal of hazardous and radioactive supplies.
Key Rules
- Definition of Hazardous Material: Materials are classified as hazardous based on the latest version of Federal Standard No. 313.
- Material Safety Data Sheets (MSDS):
- Contractors must submit MSDS for any materials identified in Federal Standard No. 313 or designated as hazardous by a government technical representative.
- The apparent successful offeror must submit the MSDS prior to contract award.
- For non-DoD agencies, the contractor must submit the MSDS again at the time of delivery.
- Radioactive Materials Notification: Contractors must provide advance notice before delivering radioactive materials that meet specific activity thresholds (0.002 microcuries per gram or 0.01 microcuries per item) or require specific licensing.
- Mandatory Clauses:
- 52.223-3: Inserted in all contracts requiring the delivery of hazardous materials (Use Alternate I for non-DoD agencies).
- 52.223-7: Inserted in contracts for supplies containing radioactive materials.
Responsibilities
- Offerors/Contractors: Responsible for identifying hazardous materials in their supplies, preparing/submitting MSDS, and providing timely notice of radioactive shipments.
- Contracting Officer (CO):
- Ensures the correct clauses are in the solicitation/contract.
- Distributes MSDS to the agency safety officer or designated personnel.
- Coordinates with the Radiation Protection Officer (RPO) to determine the number of days for advance notice of radioactive materials.
- Notifies receiving activities of incoming radioactive shipments.
- Technical Representative: Responsible for identifying potentially hazardous materials not listed in Federal Standard No. 313 and consulting on notification waivers.
- Radiation Protection Officer (RPO): Responsible for ensuring proper licenses, authorizations, or permits are obtained before radioactive materials are received.
Practical Implications
- Pre-Award Compliance: Contractors must be prepared to provide detailed chemical and safety data during the "apparent successful offeror" stage. Failure to have a compliant MSDS ready can delay contract award.
- Logistics Coordination: For radioactive materials, the "Notice of Radioactive Materials" is not a mere formality; it triggers a chain of safety protocols. If a contractor fails to provide notice within the number of days specified in the contract, the shipment may be rejected at the facility gate.
- Agency Variations: There is a distinct difference between DoD and Civilian agency requirements regarding the timing of MSDS delivery (specifically the requirement to provide data again at the time of delivery for non-DoD entities).
- Safety Accountability: This subpart shifts the burden of hazard identification to the contractor, ensuring the government is not "surprised" by toxic or radioactive substances entering the federal supply chain or workplace.