52.223-7

FAC 2005–25 MAY 22, 2008
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
(ii) Notify the employer in writing of the employee’s
conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such
conviction;
(5) Notify the Contracting Officer in writing within
10 days after receiving notice under subdivision (b)(4)(ii) of
this clause, from an employee or otherwise receiving actual
notice of such conviction. The notice shall include the position title of the employee;
(6) Within 30 days after receiving notice under
subdivision (b)(4)(ii) of this clause of a conviction, take one
of the following actions with respect to any employee who is
convicted of a drug abuse violation occurring in the
workplace:
(i) Taking appropriate personnel action against such
employee, up to and including termination; or
(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency; and
(7) Make a good faith effort to maintain a drug-free
workplace through implementation of paragraphs (b)(1)
through (b)(6) of this clause.
(c) The Contractor, if an individual, agrees by award of the
contract or acceptance of a purchase order, not to engage in the
unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance while performing this
contract.
(d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to
FAR 23.506, render the Contractor subject to suspension of
contract payments, termination of the contract or default, and
suspension or debarment.
(End of clause)
52.223-7 Notice of Radioactive Materials.
As prescribed in 23.602, insert the following clause:
NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or
designee, in writing, ______________* days prior to the
delivery of, or prior to completion of any servicing required
by this contract of, items containing either (1) radioactive
material requiring specific licensing under the regulations
issued pursuant to the Atomic Energy Act of 1954, as
amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other
radioactive material not requiring specific licensing in which
the specific activity is greater than 0.002 microcuries per gram
or the activity per item equals or exceeds 0.01 microcuries.
Such notice shall specify the part or parts of the items which
contain radioactive materials, a description of the materials,

52.223-9
the name and activity of the isotope, the manufacturer of the
materials, and any other information known to the Contractor
which will put users of the items on notice as to the hazards
involved (OMB No. 9000-0107).
* The Contracting Officer shall insert the number of days
required in advance of delivery of the item or completion of the
servicing to assure that required licenses are obtained and
appropriate personnel are notified to institute any necessary
safety and health precautions. See FAR 23.601(d).

(b) If there has been no change affecting the quantity of
activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer
or designee waive the notice requirement in paragraph (a) of
this clause. Any such request shall—
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and
composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it
was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than
0.002 microcuries per gram or activity per item equals or
exceeds 0.01 microcuries, and all containers in which such
items, parts or subassemblies are delivered to the Government
shall be clearly marked and labeled as required by the latest
revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be
inserted in all subcontracts for radioactive materials meeting
the criteria in paragraph (a) of this clause.
(End of clause)
52.223-8 [Reserved]
52.223-9 Estimate of Percentage of Recovered Material
Content for EPA-Designated Items.
As prescribed in 23.406(d), insert the following clause:
ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL
CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause—
“Postconsumer material” means a material or finished
product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a
consumer item. Postconsumer material is a part of the broader
category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does
not include those materials and by-products generated from,
and commonly reused within, an original manufacturing
process.
52.2-135