FAR section 52.223-6

FAC 2005–25 MAY 22, 2008
52.223-4

FEDERAL ACQUISITION REGULATION

(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). If the contract is awarded by an
agency other than the Department of Defense, 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.

52.223-4 Recovered Material Certification.
As prescribed in 23.406(c), insert the following provision:
RECOVERED MATERIAL CERTIFICATION (MAY 2008)
As required by the Resource Conservation and Recovery
Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered
materials content for EPA-designated items to be delivered or
used in the performance of the contract will be at least the
amount required by the applicable contract specifications or
other contractual requirements.
(End of provision)
52.223-5 Pollution Prevention and Right-to-Know
Information.
As prescribed in 23.1005, insert the following clause:
POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION (AUG 2003)
52.2-134

(a) Definitions. As used in this clause—
“Priority chemical” means a chemical identified by the
Interagency Environmental Leadership Workgroup or, alternatively, by an agency pursuant to Section 503 of Executive
Order 13148 of April 21, 2000, Greening the Government
through Leadership in Environmental Management.
“Toxic chemical” means a chemical or chemical category
listed in 40 CFR 372.65.
(b) Executive Order 13148 requires Federal facilities to
comply with the provisions of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA)
(42 U.S.C. 11001-11050) and the Pollution Prevention Act
of 1990 (PPA) (42 U.S.C. 13101-13109).
(c) The Contractor shall provide all information needed by
the Federal facility to comply with the following:
(1) The emergency planning reporting requirements of
Section 302 of EPCRA.
(2) The emergency notice requirements of Section 304
of EPCRA.
(3) The list of Material Safety Data Sheets, required by
Section 311 of EPCRA.
(4) The emergency and hazardous chemical inventory
forms of Section 312 of EPCRA.
(5) The toxic chemical release inventory of Section 313
of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.
(6) The toxic chemical, priority chemical, and hazardous substance release and use reduction goals of Sections 502
and 503 of Executive Order 13148.
(End of clause)
Alternate I (Aug 2003). As prescribed in 23.1005(b), add
the following paragraph (c)(7) to the basic clause:
(c)(7) The environmental management system as
described in Section 401 of E.O. 13148.

Alternate II (Aug 2003). As prescribed in 23.1005(c), add
the following paragraph (c)(7) to the basic clause. If
Alternate I is also prescribed, renumber paragraph (c)(7) as
paragraph (c)(8).
(c)(7) The facility compliance audits as described in
Section 402 of E.O. 13148.

52.223-6 Drug-Free Workplace.
As prescribed in 23.505, insert the following clause:
DRUG-FREE WORKPLACE (MAY 2001)
(a) Definitions. As used in this clause—
“Controlled substance” means a controlled substance in
schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.
“Conviction” means a finding of guilt (including a plea of
nolo contendere) or imposition of sentence, or both, by any

SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
“Criminal drug statute” means a Federal or non-Federal
criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.
“Drug-free workplace” means the site(s) for the performance of work done by the Contractor in connection with a
specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
“Employee” means an employee of a Contractor directly
engaged in the performance of work under a Government contract. “Directly engaged” is defined to include all direct cost
employees and any other Contractor employee who has other
than a minimal impact or involvement in contract
performance.
“Individual” means an offeror/contractor that has no more
than one employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall—
within 30 days after award (unless a longer period is agreed
to in writing for contracts of 30 days or more performance
duration), or as soon as possible for contracts of less than
30 days performance duration—

52.223-6
(1) Publish a statement notifying its employees that the
unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken
against employees for violations of such prohibition;
(2) Establish an ongoing drug-free awareness program
to inform such employees about—
(i) The dangers of drug abuse in the workplace;
(ii) The Contractor’s policy of maintaining a drugfree workplace;
(iii) Any available drug counseling, rehabilitation,
and employee assistance programs; and
(iv) The penalties that may be imposed upon
employees for drug abuse violations occurring in the
workplace;
(3) Provide all employees engaged in performance of
the contract with a copy of the statement required by
paragraph (b)(1) of this clause;
(4) Notify such employees in writing in the statement
required by paragraph (b)(1) of this clause that, as a condition
of continued employment on this contract, the employee
will—
(i) Abide by the terms of the statement; and

(FAC 2005–21) 52.2-134.1

FAC 2005–25 MAY 22, 2008
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
(ii) Notify the employer in writing of the employee’s
conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such
conviction;
(5) Notify the Contracting Officer in writing within
10 days after receiving notice under subdivision (b)(4)(ii) of
this clause, from an employee or otherwise receiving actual
notice of such conviction. The notice shall include the position title of the employee;
(6) Within 30 days after receiving notice under
subdivision (b)(4)(ii) of this clause of a conviction, take one
of the following actions with respect to any employee who is
convicted of a drug abuse violation occurring in the
workplace:
(i) Taking appropriate personnel action against such
employee, up to and including termination; or
(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency; and
(7) Make a good faith effort to maintain a drug-free
workplace through implementation of paragraphs (b)(1)
through (b)(6) of this clause.
(c) The Contractor, if an individual, agrees by award of the
contract or acceptance of a purchase order, not to engage in the
unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance while performing this
contract.
(d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to
FAR 23.506, render the Contractor subject to suspension of
contract payments, termination of the contract or default, and
suspension or debarment.
(End of clause)
52.223-7 Notice of Radioactive Materials.
As prescribed in 23.602, 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 of 1954, 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,

52.223-9
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. See FAR 23.601(d).

(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)
52.223-8 [Reserved]
52.223-9 Estimate of Percentage of Recovered Material
Content for EPA-Designated Items.
As prescribed in 23.406(d), insert the following clause:
ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL
CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause—
“Postconsumer material” means a material or finished
product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a
consumer item. Postconsumer material is a part of the broader
category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does
not include those materials and by-products generated from,
and commonly reused within, an original manufacturing
process.
52.2-135