252.223-7002 Safety Precautions for

Ammunition and Explosives.

As prescribed in 223.370-5 , use the following clause:

SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (NOV 2023)

(a) Definition. “Ammunition and explosives,” as used in this clause—

(1) Means liquid and solid propellants and explosives, pyrotechnics, incendiaries and smokes in the

following forms:

(i) Bulk,

(ii) Ammunition;

(iii) Rockets;

(iv) Missiles;

(v) Warheads;

(vi) Devices; and

(vii) Components of (i) through (vi), except for wholly inert items.

(2) This definition does not include the following, unless the Contractor is using or incorporating

these materials for initiation, propulsion, or detonation as an integral or component part of an

explosive, an ammunition or explosive end item, or of a weapon system—

(i) Inert components containing no explosives, propellants, or pyrotechnics;

(ii) Flammable liquids;

(iii) Acids;

(iv) Oxidizers;

(v) Powdered metals; or

(vi) Other materials having fire or explosive characteristics.

(b) Safety requirements.

(1) The Contractor shall comply with the requirements of DoD Manual 4145.26, DoD Contractors’

Safety Manual for Ammunition and Explosives, hereafter referred to as “the manual,” in effect on the

date of the solicitation for this contract. The Contractor shall also comply with any other additional

requirements included in the schedule of this contract.

(2) The Contractor shall allow the Government access to the Contractor's facilities, personnel, and

safety program documentation. The Contractor shall allow authorized Government representatives
to evaluate safety programs, implementation, and facilities.

(c) Noncompliance with the manual.

(1) If the Contracting Officer notifies the Contractor of any noncompliance with the manual or

schedule provisions, the Contractor shall take immediate steps to correct the noncompliance. The

Contractor is not entitled to reimbursement of costs incurred to correct noncompliances unless such

reimbursement is specified elsewhere in the contract.

(2) The Contractor has 30 days from the date of notification by the Contracting Officer to correct the

noncompliance and inform the Contracting Officer of the actions taken. The Contracting Officer may

direct a different time period for the correction of noncompliances.

(3) If the Contractor refuses or fails to correct noncompliances within the time period specified by

the Contracting Officer, the Government has the right to direct the Contractor to cease performance

on all or part of this contract. The Contractor shall not resume performance until the Contracting

Officer is satisfied that the corrective action was effective and the Contracting Officer so informs the

Contractor.

(4) The Contracting Officer may remove Government personnel at any time the Contractor is in

noncompliance with any safety requirement of this clause.

(5) If the direction to cease work or the removal of Government personnel results in increased costs

to the Contractor, the Contractor shall not be entitled to an adjustment in the contract price or a

change in the delivery or performance schedule unless the Contracting Officer later determines that

the Contractor had in fact complied with the manual or schedule provisions. If the Contractor is

entitled to an equitable adjustment, it shall be made in accordance with the Changes clause of this

contract.

(d) Mishaps. If a mishap involving ammunition or explosives occurs, the Contractor shall—

(1) Notify the Contracting Officer immediately;

(2) Conduct an investigation in accordance with other provisions of this contract or as required by

the Contracting Officer; and

(3) Submit a written report to the Contracting Officer.

(e) Contractor responsibility for safety.

(1) Nothing in this clause, nor any Government action or failure to act in surveillance of this

contract, shall relieve the Contractor of its responsibility for the safety of—

(i) The Contractor's personnel and property;

(ii) The Government's personnel and property; or

(iii) The general public.

(2) Nothing in this clause shall relieve the Contractor of its responsibility for complying with

applicable Federal, State, and local laws, ordinances, codes, and regulations (including those

requiring the obtaining of licenses and permits) in connection with the performance of this contract.

(f) Contractor responsibility for contract performance.
(1) Neither the number or frequency of inspections performed by the Government, nor the degree of

surveillance exercised by the Government, relieve the Contractor of its responsibility for contract

performance.

(2) If the Government acts or fails to act in surveillance or enforcement of the safety requirements of

this contract, this does not impose or add to any liability of the Government.

(g) Subcontractors.

(1) The Contractor shall insert this clause, including this paragraph (g), in every subcontract that

involves ammunition or explosives.

(i) The clause shall include a provision allowing authorized Government safety representatives to

evaluate subcontractor safety programs, implementation, and facilities as the Government

determines necessary.

(ii) NOTE: The Government Contracting Officer or authorized representative shall notify the prime

Contractor of all findings concerning subcontractor safety and compliance with the manual. The

Contracting Officer or authorized representative may furnish copies to the subcontractor. The

Contractor in turn shall communicate directly with the subcontractor, substituting its name for

references to “the Government”. The Contractor and higher tier subcontractors shall also include

provisions to allow direction to cease performance of the subcontract if a serious uncorrected or

recurring safety deficiency potentially causes an imminent hazard to DoD personnel, property, or

contract performance.

(2) The Contractor agrees to ensure that the subcontractor complies with all contract safety

requirements. The Contractor will determine the best method for verifying the adequacy of the

subcontractor's compliance.

(3) The Contractor shall ensure that the subcontractor understands and agrees to the Government's

right to access to the subcontractor's facilities, personnel, and safety program documentation to

perform safety surveys. The Government performs these safety surveys of subcontractor facilities

solely to prevent the occurrence of any mishap which would endanger the safety of DoD personnel

or otherwise adversely impact upon the Government's contractual interests.

(4) The Contractor shall notify the Contracting Officer or authorized representative before issuing

any subcontract when it involves ammunition or explosives. If the proposed subcontract represents a

change in the place of performance, the Contractor shall request approval for such change in

accordance with the clause of this contract entitled “Change in Place of Performance—Ammunition

and Explosives”.

(End of clause)

Parent topic: 252.223 RESERVED