Difference between revisions of "FAR 52.223-3 - Hazardous Material Identification and Material Safety Data"
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|EffectiveDate=1997/01/01 | |EffectiveDate=1997/01/01 | ||
|ClauseorProvision=Clause | |ClauseorProvision=Clause | ||
− | |||
|Prescribedin=23.303 | |Prescribedin=23.303 | ||
− | |TypePurposeContract= | + | |TypePurposeContract=Time and Materials/Labor Hour -A; Leasing of Motor Vehicles -A; Communication Services -A; Dismantling, Demolition, or Removal of Improvements -A; Architect-Engineering -A; Facilities -A; Indefinite Delivery -A; Transportation -A; Utility Services -A |
|CCSubject=Hazardous Materials | |CCSubject=Hazardous Materials | ||
− | | | + | |PrescriptionOverview===Prescription== |
− | |FARClauseOverview='''(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). | + | |
+ | '''(a)''' The contracting officer shall insert the clause at 52.223-3, Hazardous Material Identification and Material Safety Data, in solicitations and contracts if the contract will require the delivery of hazardous materials as defined in 23.301. | ||
+ | |||
+ | '''(b)''' If the contract is awarded by an agency other than the Department of Defense, the contracting officer shall use the clause at 52.223-3 with its Alternate I. | ||
+ | |||
+ | |FARClauseOverview===Clause== | ||
+ | |||
+ | '''(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). | ||
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'''(h)''' The Government’s rights in data furnished under this contract with respect to hazardous material are as follows: | '''(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 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. | ||
==Alternates== | ==Alternates== | ||
− | Alternate I (July 1995) | + | ===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. | *(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. | *(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. | ||
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|UniformContractFormat=I | |UniformContractFormat=I | ||
|Editor=Marshall | |Editor=Marshall | ||
+ | |ProvisionClauseNumberAlternate=52.223-3 | ||
+ | |ProvisionClauseDescription=Hazardous Material Identification and Material Safety Data. | ||
|Checked=no | |Checked=no | ||
|HasTermDate=2014/03/31 | |HasTermDate=2014/03/31 |
Revision as of 13:40, 17 December 2014
Prescribed in 23.303 | ||
Effective Date: | 1 January 1997 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.223-3 - Hazardous Material Identification and Material Safety Data | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Time and Materials/Labor Hour; Leasing of Motor Vehicles; Communication Services; Dismantling, Demolition, or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Transportation; Utility Services; | |
Optional: | ||
Subject: | Hazardous Materials | |
ProcurementType: | ||
Contract Threshold: | ||
Prescription Overview: |
Prescription(a) The contracting officer shall insert the clause at 52.223-3, Hazardous Material Identification and Material Safety Data, in solicitations and contracts if the contract will require the delivery of hazardous materials as defined in 23.301. (b) If the contract is awarded by an agency other than the Department of Defense, the contracting officer shall use the clause at 52.223-3 with its Alternate I. | |
Clause Overview: |
Clause(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).
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.
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—
(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. AlternatesAlternate 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:
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Important Notes/Requirements: |
Applicable only to solicitations and contracts if the contract will require the delivery of hazardous materials. | |
Subcontract Threshold: | ||
Incorporated by Reference: | Yes | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.