3.6.3-3 Hazardous Material.docx
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- Solicitation number
- 697DCK-26-R-00432
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This is a contract clause addressing hazardous material identification and safety data requirements for federal contract performance. The clause mandates that offerors identify and list all hazardous materials to be delivered under the contract, as defined by Federal Standard No. 313 (FED-STD-313), including applicable identification numbers such as National Stock Numbers. The apparently successful offeror must certify the completeness of the hazardous materials list upon contract acceptance and submit Safety Data Sheets compliant with 29 CFR 1910.1200(g) and FED-STD-313 for each identified hazardous material prior to award. Failure to submit required Safety Data Sheets before award may result in the offeror being deemed non-responsible and ineligible for award.
During contract performance, contractors must promptly notify the Contracting Officer and resubmit data if changes occur in item composition or FED-STD-313 revisions that render previously submitted documentation incomplete or inaccurate. The clause clarifies that neither government actions nor contractual requirements relieve the contractor of responsibility for personnel and property safety or compliance with applicable federal, state, and local laws regarding hazardous materials. The government retains broad rights to use, duplicate, and disclose hazardous material data for personnel safety and medical treatment purposes. Contractors must provide sufficient Safety Data Sheets with shipments—either accompanying packing lists or included in weather-resistant envelopes on shipping containers for depot and distribution center consignees—or alternatively transmit sheets in advance if authorized in writing by the Contracting Officer.
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Text version
3.6.3-3 Hazardous Material Identification and Material Safety Data (OCT 2024)
(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (FED-STD-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 Safety Data Sheet submitted under this contract.
Material (If none, insert None): __________________________________
Identification No.: __________________________________
(c) The apparently successful offeror, by acceptance of the contract, certifies that the list in paragraph (b) of this clause is complete. 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 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 FED-STD-313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to FED-STD-313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause or the certification submitted under paragraph (c) of this clause, the Contractor shall promptly notify the Contracting Officer (CO) 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;
(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.
(i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Safety Data Sheets, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of FED-STD-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 Safety Data Sheets with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit Safety Data Sheets to consignees in advance of receipt of shipments by consignees, if authorized in writing by the CO.
(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 Safety Data Sheets in or on each shipping container. If affixed to the outside of each container, the Safety Data Sheets must be placed in a weather resistant envelope.
(End of clause)
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