B09_Attachement_4_FAR_Clauses_52_223-3_52_236-2_0002.pdf
PDF 159 KB Posted
- Attached to
- HAZARDOUS WASTE PICKUP- LAUREL CAMPUS
- Solicitation number
- 140G0126Q0177
About this file
This document contains two standard federal contract clauses used in procurement solicitations.
FAR 52.223-3 - Hazardous Material Identification and Material Safety Data (February 2021) requires offerors to identify any hazardous materials as defined under Federal Standard No. 313 that will be delivered under the contract, including applicable identification numbers such as National Stock Numbers or Special Item Numbers. The apparently successful offeror must submit Material Safety Data Sheets meeting 29 CFR 1910.1200(g) and Federal Standard No. 313 requirements prior to contract award; failure to do so may result in a determination of nonresponsibility and ineligibility for award. The contractor must update the hazardous material list during contract performance if any additional hazardous materials are identified and must promptly notify the Contracting Officer of any post-award changes in item composition or Federal Standard No. 313 revisions that render submitted data incomplete or inaccurate. The Government retains broad rights to use, duplicate, and disclose hazardous material data for purposes of protecting personnel safety, obtaining medical treatment, and allowing others to use the data for Government purposes, with these rights taking precedence over other contract data provisions. Neither this clause nor Government actions relieve the contractor of responsibility for personnel and property safety or compliance with applicable Federal, State, and local laws and regulations.
FAR 52.236-2 - Differing Site Conditions (April 1984) applies to construction contracts and requires contractors to provide written notice to the Contracting Officer before disturbing conditions when subsurface or latent physical conditions at the site differ materially from those indicated in the contract, or when unknown physical conditions of an unusual nature are encountered that differ from those ordinarily encountered in similar work. Upon receiving notice, the Contracting Officer must promptly investigate, and if the conditions materially differ and affect the contractor's cost or schedule, an equitable adjustment shall be made and the contract modified in writing. No equitable adjustment request is permitted unless written notice is provided, although the Contracting Officer may extend the notice deadline. No adjustment request is allowed after final payment.
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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)
52.236-2 Differing Site Conditions. (APR 1984)
(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.
(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.
(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) above for giving written notice may be extended by the Contracting Officer.
(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.
(End of clause)
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