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NMCARS PART 5223 ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE



PART 5223 ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

SUBPART 5223.3—HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

5223.370 (DFARS 223.370) Safety precautions for ammunitions and explosives.

5223.370-3 (DFARS 223.370-3) Policy.

(a) DoN policy is to ensure the safe handling of all ammunition and explosives (A&E). To that end, particular care should be paid to A&E provided to contractors as Government Furnished Material (GFM) when the A&E contain nitrocellulose-based propellants and/or nitrate ester-based materials (such as nitroglycerin,) or any other materials that have a tendency to become chemically unstable over time.

5223.370-5 (DFARS 223.370-5) Contract clauses.

(a) Use the clause at 5252.223-9000, DoN ADDITIONAL SAFETY REQUIREMENTS APPLICABLE TO SPECIFIED GOVERNMENT FURNISHED AMMUNITION AND EXPLOSIVES, in solicitations and contracts that:

(1) contain the clause at DFARS 252.223-7002; and

(2) provide as GFM any A&E containing nitrocellulose-based propellants and/or nitrate ester-based materials (such as nitroglycerin,) or other similar A&E with a tendency to become chemically unstable over time;

(b) The HCA may make administrative adjustments to the additional requirements (e.g. specify activity points of contact, adjust specified lead times) or add further measures which increase safety requirements as appropriate.

SUBPART 5223.4—USE OF RECOVERED MATERIALS AND BIOBASED PRODUCTS

5223.406 (FAR 23.406) Solicitation provision and contract clauses.

(d) When using the clause at FAR 52.223-9, contracting officers shall insert the following address into paragraph (b) (or paragraph (c) if using Alternative (ALT I) of the clause:

Commanding Officer

Naval Facilities Engineering Service Center

Code 424 CA, 1100 23rd Avenue

Port Hueneme, CA 93043-4370

SUBPART 5223.5—DRUG-FREE WORKPLACE

5223.506 (FAR 23.506) Suspension of payments, termination of contract, and debarment and suspension actions.

(e) Submit requests for waiver to SECNAV via the HCA and DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “FAR 23.506 – Contractor Drug-Free Workplace Violation Contract Award Waiver Request.”.

SUBPART 5223.8—OZONE DEPLETING SUBSTANCES

5223.803 (DFARS 223.803) Policy.

Technical certification and approval requirements are set forth in paragraph 8-5.9.b of OPNAVINST 5090.1C.

5223.803-91 Solicitation provision.

Offerors should be encouraged to share with the DoN any knowledge they might have regarding Class I ODS required by specifications or standards in a solicitation. The contracting officer may include a provision substantially similar to the provision at 5252.223-9001, Notice to Offerors - Use of Class I Ozone Depleting Substances, in solicitations, if considered appropriate.

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