23.504 Policy.

(a) No offeror other than an individual shall be considered a responsible source (see 9.104-1(g) and

19.602-1(a)(2)(i)) for a contract that exceeds the simplified acquisition threshold, unless it agrees

that it will provide a drug-free workplace by-

(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,

dispensing, possession, or use of a controlled substance is prohibited in the contractor’s workplace,

and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establishing an ongoing drug-free awareness program to inform its employees about-

(i) The dangers of drug abuse in the workplace;

(ii) The contractor’s policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the

workplace;

(3) Providing all employees engaged in performance of the contract with a copy of the statement

required by paragraph (a)(1) of this section;

(4) Notifying all employees in writing in the statement required by paragraph (a)(1) of this section,

that as a condition of employment on a covered contract, the employee will-

(i) Abide by the terms of the statement; and

(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) Notifying the contracting officer in writing within 10 days after receiving notice under

subdivision (a)(4)(ii) of this section, 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 paragraph (a)(4) of this section of a conviction,

taking 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) Requiring 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.

(7) Making a good faith effort to maintain a drug-free workplace through implementation of

paragraphs (a)(1) through (a)(6) of this section.

(b) No individual shall be awarded a contract of any dollar value unless that individual agrees not to

engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled

substance while performing the contract.
(c) For a contract of 30 days or more performance duration, the contractor shall comply with the

provisions of paragraph (a) of this section within 30 days after contract award, unless the

contracting officer agrees in writing that circumstances warrant a longer period of time to comply.

Before granting such an extension, the contracting officer shall consider such factors as the number

of contractor employees at the worksite, whether the contractor has or must develop a drug-free

workplace program, and the number of contractor worksites. For contracts of less than 30 days

performance duration, the contractor shall comply with the provisions of paragraph (a) of this

section as soon as possible, but in any case, by a date prior to when performance is expected to be

completed.

Parent topic: Subpart 23.5 - Drug-Free Workplace