Attachement_3_FAR_Clause_52_223-3_0001.docx
DOCX document 26 KB Posted
- Attached to
- HAZARDOUS WASTE PICKUP- LAUREL CAMPUS
- Solicitation number
- 140G0126Q0177
About this file
This file contains FAR Clause 52.223-3 regarding hazardous material identification and material safety data requirements for federal contracts. The clause establishes mandatory procedures for contractors to identify, document, and manage hazardous materials in accordance with Federal Standard No. 313 and OSHA regulations (29 CFR 1910.1200). Offerors must provide a complete list of all hazardous materials to be delivered, identified by applicable identification numbers, and submit Material Safety Data Sheets (MSDS) prior to contract award for each hazardous item. The apparently successful offeror's failure to submit required MSDS documentation may result in a determination of nonresponsibility and ineligibility for award. During contract performance, contractors must promptly update hazard information whenever material composition changes or Federal Standard No. 313 is revised, and notify the Contracting Officer of any changes.
The clause clarifies that contractors retain full responsibility and liability for safety regardless of Government involvement, and must comply with all applicable federal, state, and local laws and regulations regarding hazardous materials. The Government reserves broad rights to use, duplicate, and disclose hazard data to protect personnel health and safety, obtain medical treatment, and facilitate proper handling and disposal. These rights take precedence over other contract data clauses and are not limited by the Government's acquisition of similar data from alternative sources. This standard clause applies to the USGS Eastern Ecological Science Center's hazmat removal services solicitation (140G0126Q0177) involving PFAS waste and contaminated soil disposal.
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Text version
52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)
(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
| Material (if none, insert None) |
| Identification No. |
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(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 subparagraph (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)
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