Defense Acquisition Regulations System, DOD 252.223

383

Defense Acquisition Regulations System, DOD 252.223–7004

(i) The Contractor’s personnel and prop-

erty;

(ii) The Government’s personnel and prop-

erty; or

(iii) The general public.

(2) Nothing in this clause shall relieve the

Contractor of its responsibility for com-

plying with applicable Federal, State, and

local laws, ordinances, codes, and regula-

tions (including those requiring the obtain-

ing of licenses and permits) in connection

with the performance of this contract.

(f) Contractor responsibility for contract per-

formance. (1) Neither the number or fre-

quency of inspections performed by the Gov-

ernment, nor the degree of surveillance exer-

cised by the Government, relieve the Con-

tractor of its responsibility for contract per-

formance.

(2) If the Government acts or fails to act in

surveillance or enforcement of the safety re-

quirements of this contract, this does not

impose or add to any liability of the Govern-

ment.

(g) Subcontractors. (1) The Contractor shall

insert this clause, including this paragraph

(g), in every subcontract that involves am-

munition or explosives.

(i) The clause shall include a provision al-

lowing authorized Government safety rep-

resentatives to evaluate subcontractor safe-

ty programs, implementation, and facilities

as the Government determines necessary.

(ii) N

OTE

: The Government Contracting Of-

ficer or authorized representative shall no-

tify the prime Contractor of all findings con-

cerning subcontractor safety and compliance

with the manual. The Contracting Officer or

authorized representative may furnish copies

to the subcontractor. The Contractor in turn

shall communicate directly with the subcon-

tractor, substituting its name for references

to ‘‘the Government’’. The Contractor and

higher tier subcontractors shall also include

provisions to allow direction to cease per-

formance of the subcontract if a serious un-

corrected or recurring safety deficiency po-

tentially causes an imminent hazard to DoD

personnel, property, or contract perform-

ance.

(2) The Contractor agrees to ensure that

the subcontractor complies with all contract

safety requirements. The Contractor will de-

termine the best method for verifying the

adequacy of the subcontractor’s compliance.

(3) The Contractor shall ensure that the

subcontractor understands and agrees to the

Government’s right to access to the sub-

contractor’s facilities, personnel, and safety

program documentation to perform safety

surveys. The Government performs these

safety surveys of subcontractor facilities

solely to prevent the occurrence of any mis-

hap which would endanger the safety of DoD

personnel or otherwise adversely impact

upon the Government’s contractual inter-

ests.

(4) The Contractor shall notify the Con-

tracting Officer or authorized representative

before issuing any subcontract when it in-

volves ammunition or explosives. If the pro-

posed subcontract represents a change in the

place of performance, the Contractor shall

request approval for such change in accord-

ance with the clause of this contract entitled

‘‘Change in Place of Performance—Ammuni-

tion and Explosives’’.

(End of clause)

[56 FR 36479, July 31, 1991, as amended at 59

FR 27675, May 27, 1994]

252.223–7003 Change in place of per-

formance—ammunition and explo-

sives.

As prescribed in 223.370–5, use the fol-

lowing clause:

HANGE IN

LACE OF

ERFORMANCE

—

MMUNITION AND

XPLOSIVES

(DEC 1991)

(a) The Offeror shall identify, in the ‘‘Place

of Performance’’ provision of this solicita-

tion, the place of performance of all ammu-

nition and explosives work covered by the

Safety Precautions for Ammunition and Ex-

plosives clause of this solicitation. Failure

to furnish this information with the offer

may result in rejection of the offer.

(b) The Offeror agrees not to change the

place of performance of any portion of the

offer covered by the Safety Precautions for

Ammunition and Explosives clause con-

tained in this solicitation after the date set

for receipt of offers without the written ap-

proval of the Contracting Officer. The Con-

tracting Officer shall grant approval only if

there is enough time for the Government to

perform the necessary safety reviews on the

new proposed place of performance.

Contractor agrees not to change any place of

performance previously cited without the ad-

vance written approval of the Contracting

Officer.

(End of clause)

252.223–7004 Drug-free work force.

As prescribed in 223.570–2, use the fol-

lowing clause:

RUG

-F

REE

ORK

ORCE

(SEP 1988)

(a) Definitions. (1) Employee in a sensitive po-

sition, as used in this clause, means an em-

ployee who has been granted access to classi-

fied information; or employees in other posi-

tions that the Contractor determines involve

national security, health or safety, or func-

tions other than the foregoing requiring a

high degree of trust and confidence.

VerDate Mar<15>2010 14:09 Dec 16, 2010 Jkt 220207 PO 00000 Frm 00393 Fmt 8010 Sfmt 8010 Q:\48\48V3 ofr150 PsN: PC150

384

48 CFR Ch. 2 (10–1–10 Edition) 252.223–7005

(2) Illegal drugs, as used in this clause,

means controlled substances included in

Schedules I and II, as defined by section

802(6) of title 21 of the United States Code,

the possession of which is unlawful under

chapter 13 of that title. The term ‘‘illegal

drugs’’ does not mean the use of a controlled

substance pursuant to a valid prescription or

other uses authorized by law.

(b) The Contractor agrees to institute and

maintain a program for achieving the objec-

tive of a drug-free work force. While this

clause defines criteria for such a program,

contractors are encouraged to implement al-

ternative approaches comparable to the cri-

teria in paragraph (c) that are designed to

achieve the objectives of this clause.

following, or appropriate alternatives:

(1) Employee assistance programs empha-

sizing high level direction, education, coun-

seling, rehabilitation, and coordination with

available community resources;

(2) Supervisory training to assist in identi-

fying and addressing illegal drug use by Con-

tractor employees;

(3) Provision for self-referrals as well as su-

pervisory referrals to treatment with max-

imum respect for individual confidentiality

consistent with safety and security issues;

(4) Provision for identifying illegal drug

users, including testing on a controlled and

carefully monitored basis. Employee drug

testing programs shall be established taking

account of the following:

(i) The Contractor shall establish a pro-

gram that provides for testing for the use of

illegal drugs by employees in sensitive posi-

tions. The extent of and criteria for such

testing shall be determined by the Con-

tractor based on considerations that include

the nature of the work being performed

under the contract, the employee’s duties,

the efficient use of Contractor resources, and

the risks to health, safety, or national secu-

rity that could result from the failure of an

employee adequately to discharge his or her

position.

(ii) In addition, the Contractor may estab-

lish a program for employee drug testing—

(A) When there is a reasonable suspicion

that an employee uses illegal drugs; or

(B) When an employee has been involved in

an accident or unsafe practice;

seling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug

testing program.

(iii) The Contractor may establish a pro-

gram to test applicants for employment for

illegal drug use.

(iv) For the purpose of administering this

clause, testing for illegal drugs may be lim-

ited to those substances for which testing is

prescribed by section 2.1 of subpart B of the

‘‘Mandatory Guidelines for Federal Work-

place Drug Testing Programs’’ (53 FR 11980

(April 11 1988)), issued by the Department of

Health and Human Services.

(d) Contractors shall adopt appropriate

personnel procedures to deal with employees

who are found to be using drugs illegally.

Contractors shall not allow any employee to

remain on duty or perform in a sensitive po-

sition who is found to use illegal drugs until

such times as the Contractor, in accordance

with procedures established by the Con-

tractor, determines that the employee may

perform in such a position.

(e) The provisions of this clause pertaining

to drug testing program shall not apply to

the extent they are inconsistent with state

or local law, or with an existing collective

bargaining agreement; provided that with re-

spect to the latter, the Contractor agrees

that those issues that are in conflict will be

a subject of negotiation at the next collec-

tive bargaining session.

(End of clause)

[57 FR 32737, July 23, 1992, as amended at 70

FR 73151, Dec. 9, 2005]

252.223–7005 [Reserved]

252.223–7006 Prohibition on storage

and disposal of toxic and hazardous

materials.

As prescribed in 223.7103(a), use the

following clause:

ROHIBITION ON

TORAGE AND

ISPOSAL OF

OXIC AND

AZARDOUS

ATERIALS

(APR 1993)

(a) Definitions. As used in this clause—

(1) Storage means a non-transitory, semi-

permanent or permanent holding, placement,

or leaving of material. It does not include a

temporary accumulation of a limited quan-

tity of a material used in or a waste gen-

erated or resulting from authorized activi-

ties, such as servicing, maintenance, or re-

pair of Department of Defense (DoD) items,

equipment, or facilities.

(2) Toxic or hazardous materials means:

(i) Materials referred to in section 101(14)

of the Comprehensive Environmental Re-

sponse, Compensation, and Liability Act

(CERCLA) of 1980 (42 U.S.C. 9601(14)) and ma-

terials designated under section 102 of

CERCLA (42 U.S.C. 9602) (40 CFR part 302);

(ii) Materials that are of an explosive,

flammable, or pyrotechnic nature; or

(iii) Materials otherwise identified by the

Secretary of Defense as specified in DoD reg-

ulations.

(b) In accordance with 10 U.S.C. 2692, the

Contractor is prohibited from storing or dis-

posing of non-DoD-owned toxic or hazardous

materials on a DoD installation, except to

the extent authorized by a statutory excep-

tion to 10 U.S.C. 2692 or as authorized by the

Secretary of Defense or his designee.

VerDate Mar<15>2010 14:09 Dec 16, 2010 Jkt 220207 PO 00000 Frm 00394 Fmt 8010 Sfmt 8010 Q:\48\48V3 ofr150 PsN: PC150