Attachment 0005 - FAR 52.223-3 Hazardous Material Identification and Material Safety Data.pdf

This is a Federal Acquisition Regulation (FAR) clause template for hazardous material identification and material safety data requirements in federal contracts.

The clause establishes mandatory requirements for contractors to identify and document all hazardous materials to be delivered under a contract. Contractors must list hazardous materials as defined by Federal Standard No. 313 (including revisions adopted during contract performance) with proper identification numbers such as National Stock Numbers or Special Item Numbers. The apparently successful offeror must submit Material Safety Data Sheets (MSDSs) meeting 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313 for all identified hazardous materials prior to award. Failure to submit MSDSs may render the offeror nonresponsible and ineligible for award. The contractor must update the hazardous material list during contract performance when new hazardous materials are identified and must promptly notify the Contracting Officer of any changes to item composition or Federal Standard No. 313 revisions that affect previously submitted data.

The clause includes government data rights provisions allowing use, duplication, and disclosure of hazardous material data for personnel safety, medical treatment, and other government purposes, taking precedence over other contract data rights clauses. Alternate language is provided for contractors to prepare MSDSs and include copies with packing lists or shipping containers for consignees and distribution centers. The clause clarifies that these requirements do not relieve contractors of responsibility for safety or compliance with applicable Federal, State, and local laws, licenses, and permits related to hazardous materials.