52.223-3 Hazardous Material Identification

and Material Safety Data.

As prescribed in 23.303 , insert the following clause:

Hazardous Material Identification and Material Safety Data (Feb 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under

the latest version of Federal Standard No.313 (including revisions adopted during the term of the

contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be

delivered under this contract. The hazardous material shall be properly identified and include any

applicable identification number, such as National Stock Number or Special Item Number. This

information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

____________________ ____________________

____________________ ____________________

____________________ ____________________

(c) This list must be updated during performance of the contract whenever the Contractor

determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a

Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest

version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this

clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the

apparently successful offeror is the actual manufacturer of these items. Failure to submit the

Material Safety Data Sheet prior to award may result in the apparently successful offeror being

considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal

Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of

this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall

relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or

subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable

Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of

licenses and permits) in connection with hazardous material.
(h) The Government’s rights in data furnished under this contract with respect to hazardous material

are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this

right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging,

transporting, or disposing of hazardous materials;

(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.

Parent topic: 52.223 [Reserved]