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DFARS 223



Part 223—Environment, Conservation, Occupational Safety, and Drug-Free Workplace

TABLE OF CONTENTS

(Revised September 30, 2014)

SUBPART 223.3--HAZARDOUS MATERIAL IDENTIFICATION AND
MATERIAL SAFETY DATA

223.302 Policy.

223.303 Contract clause.

223.370 Safety precautions for ammunition and explosives.

223.370-1 Scope.

223.370-2 Definition.

223.370-3 Policy.

223.370-4 Procedures.

223.370-5 Contract clauses.

SUBPART 223.4--USE OF RECOVERED MATERIALS

223.405 Procedures.

SUBPART 223.5--DRUG-FREE WORKPLACE

223.570 Drug-free work force.

223.570-1 Policy.

223.570-2 Contract clause.

SUBPART 223.8--OZONE-DEPLETING SUBSTANCES

223.803 Policy.

SUBPART 223.70--RESERVED

SUBPART 223.71—STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS

223.7101 Definitions.

223.7102 Policy.

223.7103 Procedures.

223.7104 Exceptions.

223.7105 Reimbursement.

223.7106 Contract clause.

SUBPART 223.72--SAFEGUARDING SENSITIVE CONVENTIONAL ARMS,
AMMUNITION, AND EXPLOSIVES

223.7200 Definition.

223.7201 Policy.

223.7202 Preaward responsibilities.

223.7203 Contract clause.

SUBPART 223.73--MINIMIZING THE USE OF MATERIALS CONTAINING HEXAVALENT CHROMIUM

223.7300 Definition.

223.7301 Policy.

223.7302 Authorities.

223.7303 Prohibition.

223.7304 Exceptions.

223.7305 Authorization and approval.

223.7306 Contract clause.

SUBPART 223.1

(Removed August 31, 2000)

SUBPART 223.2—ENERGY AND WATER EFFICIENCY AND RENEWABLE ENERGY

NO DFARS TEXT

SUBPART 223.3--HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(Revised December 9, 2005)

223.302 Policy.

223.303 Contract clause.

Use the clause at 252.223-7001, Hazard Warning Labels, in solicitations and contracts which require submission of hazardous material data sheets (see FAR 23.302(c)).

223.370 Safety precautions for ammunition and explosives.

223.370-1 Scope.

223.370-2 Definition.

“Ammunition and explosives,” as used in this section, is defined in the clause at 252.223-7002, Safety Precautions for Ammunition and Explosives.

223.370-3 Policy.

223.370-4 Procedures.

Follow the procedures at PGI 223.370- 4.

223.370-5 Contract clauses.

Use the clauses at 252.223-7002, Safety Precautions for Ammunition and Explosives, and 252.223-7003, Change in Place of Performance--Ammunition and Explosives, in all solicitations and contracts for acquisition to which this section applies.

SUBPART 223.4--USE OF RECOVERED MATERIALS

(Revised December 9, 2005)

223.405 Procedures.

Follow the procedures at PGI 223.405.

SUBPART 223.5--DRUG-FREE WORKPLACE

(Revised December 9, 2005)

223.570 Drug-free work force.

223.570-1 Policy.

DoD policy is to ensure that its contractors maintain a program for achieving a drug-free work force.

223.570-2 Contract clause.

SUBPART 223.7—CONTRACTING FOR ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

NO DFARS TEXT

SUBPART 223.8--OZONE-DEPLETING SUBSTANCES

(Revised December 19, 2006)

223.803 Policy.

No DoD contract may include a specification or standard that requires the use of a class I ozone-depleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard is specifically authorized at a level no lower than a general or flag officer or a member of the Senior Executive Service of the requiring activity in accordance with Section 326, Pub. L. 102-484 (10 U.S.C. 2301 (repealed) note). This restriction is in addition to any imposed by the Clean Air Act and applies after June 1, 1993, to all DoD contracts, regardless of place of performance.

(Revised December 9, 2005)

SUBPART 223.70--RESERVED

(Revised September 30, 2014)

SUBPART 223.71—STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS

223.7101 Definitions.

As used in this subpart, the terms “storage” and “toxic or hazardous materials” are defined in the clause at 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

223.7102 Policy.

223.7103 Procedures.

223.7104 Exceptions.

Stockpile under an agreement for such storage with the Administrator of General

Services Administration.

of the military department concerned determines, in each case, that an alternative

feasible means of disposal is not available to the contractor, taking into consideration public safety, available resources of the contractor, and national defense production

requirements.

used during peacetime civil emergencies in accordance with applicable DoD

regulations.

provide assistance and refuge for commercial carriers of such material during a

transportation emergency.

223.7105 Reimbursement.

The Secretary of Defense may assess a charge for any storage or disposal provided under this subpart. If a charge is to be assessed, then such assessment shall be identified in the contract with payment to the Government on a reimbursable cost basis.

223.7106 Contract clause.

Use the basic or the alternate of the clause at 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials, in all solicitations and contracts which require, may require, or permit contractor access to a DoD installation.

(Revised December 9, 2005)

SUBPART 223.72--SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION, AND EXPLOSIVES

223.7200 Definition.

“Arms, ammunition, and explosives (AA&E),” as used in this subpart, means those items within the scope (chapter 1, paragraph B) of DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives.

223.7201 Policy.

223.7202 Preaward responsibilities.

When an acquisition involves AA&E, technical or requirements personnel shall specify in the purchase request

223.7203 Contract clause.

Use the clause at 252.223-7007, Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives, in all solicitations and contracts to which DoD 5100.76-M applies, in accordance with the policy at 223.7201. Complete paragraph (b) of the clause based on information provided by cognizant technical or requirements personnel.

SUBPART 223.73--MINIMIZING THE USE OF MATERIALS CONTAINING HEXAVALENT CHROMIUM

(Revised June 25, 2013)

223.7300 Definition.

“Legacy system,” as used in this subpart, means any program that has passed Milestone A in the defense acquisition management system, as defined in DoD Instruction 5000.02.

223.7301 Policy.

It is DoD policy to minimize hexavalent chromium (an anti-corrosive) in items acquired by DoD (deliverables and construction material), due to the serious human health and environmental risks related to its use. Executive Order 13423, section 3, paragraph (a) requires that the heads of agencies reduce or eliminate the acquisition and use of toxic or hazardous chemicals. Executive Order 13514 requires that the heads of agencies are responsible for “reducing and minimizing the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of.”

223.7302 Authorities.

223.7303 Prohibition.

223.7304 Exceptions.

The prohibition in 223.7303 does not apply to—

223.7305 Authorization and approval.

223.7306 Contract clause.

Unless an exception in 223.7304 applies, or use has been authorized in accordance with 223.7305, use the clause at 252.223-7008, Prohibition of Hexavalent Chromium, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for supplies, maintenance and repair services, or construction.

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