Far 52.223-5

FAC 2005–25 MAY 22, 2008
52.223-4

FEDERAL ACQUISITION REGULATION

(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.
(End of clause)
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.
(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.
(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer
supply centers, the Contractor shall provide one copy of the
MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather
resistant envelope.

52.223-4 Recovered Material Certification.
As prescribed in 23.406(c), insert the following provision:
RECOVERED MATERIAL CERTIFICATION (MAY 2008)
As required by the Resource Conservation and Recovery
Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered
materials content for EPA-designated items to be delivered or
used in the performance of the contract will be at least the
amount required by the applicable contract specifications or
other contractual requirements.
(End of provision)
52.223-5 Pollution Prevention and Right-to-Know
Information.
As prescribed in 23.1005, insert the following clause:
POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION (AUG 2003)
52.2-134

(a) Definitions. As used in this clause—
“Priority chemical” means a chemical identified by the
Interagency Environmental Leadership Workgroup or, alternatively, by an agency pursuant to Section 503 of Executive
Order 13148 of April 21, 2000, Greening the Government
through Leadership in Environmental Management.
“Toxic chemical” means a chemical or chemical category
listed in 40 CFR 372.65.
(b) Executive Order 13148 requires Federal facilities to
comply with the provisions of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA)
(42 U.S.C. 11001-11050) and the Pollution Prevention Act
of 1990 (PPA) (42 U.S.C. 13101-13109).
(c) The Contractor shall provide all information needed by
the Federal facility to comply with the following:
(1) The emergency planning reporting requirements of
Section 302 of EPCRA.
(2) The emergency notice requirements of Section 304
of EPCRA.
(3) The list of Material Safety Data Sheets, required by
Section 311 of EPCRA.
(4) The emergency and hazardous chemical inventory
forms of Section 312 of EPCRA.
(5) The toxic chemical release inventory of Section 313
of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.
(6) The toxic chemical, priority chemical, and hazardous substance release and use reduction goals of Sections 502
and 503 of Executive Order 13148.
(End of clause)
Alternate I (Aug 2003). As prescribed in 23.1005(b), add
the following paragraph (c)(7) to the basic clause:
(c)(7) The environmental management system as
described in Section 401 of E.O. 13148.

Alternate II (Aug 2003). As prescribed in 23.1005(c), add
the following paragraph (c)(7) to the basic clause. If
Alternate I is also prescribed, renumber paragraph (c)(7) as
paragraph (c)(8).
(c)(7) The facility compliance audits as described in
Section 402 of E.O. 13148.

52.223-6 Drug-Free Workplace.
As prescribed in 23.505, insert the following clause:
DRUG-FREE WORKPLACE (MAY 2001)
(a) Definitions. As used in this clause—
“Controlled substance” means a controlled substance in
schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.
“Conviction” means a finding of guilt (including a plea of
nolo contendere) or imposition of sentence, or both, by any