PGI 223.3 -HAZARDOUS MATERIAL

IDENTIFICATION AND MATERIAL SAFETY

DATA

Parent topic: PGI Part 223 - ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE

ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

PGI 223.370 Safety precautions for ammunition and

explosives.

PGI 223.370-4 Procedures.

(1) Preaward phase.

(i) Waiver of the mandatory requirements.

(A) Before either omitting the clause at DFARS 252.223-7002, Safety Precautions for Ammunition

and Explosives, from solicitations and contracts or waiving the mandatory requirements of the

manual, obtain approval of—

(1) The safety personnel responsible for ammunition and explosives safety; and

(2) The head of the contracting activity.

(B) If the contracting officer decides to waive the mandatory requirements before award, the

contracting officer shall set forth in the solicitation, or in an amendment of the solicitation, the

specific requirements to be waived.

(C) If the head of the contracting activity declines to approve a request for waiver, but the

prospective contractor agrees to take corrective action to bring the operation into compliance, make

the corrective action a part of the resulting contract.

(ii) Transportation considerations. If shipment of ammunition and explosives is involved in the

contract, address in the Schedule of the contract the applicable Department of Transportation or

Military Surface Deployment and Distribution Command requirements and any other requirements

for transportation, packaging, marking, and labeling.

(iii) Disposition of excess. Include instructions within the contract concerning final disposition of

excess Government furnished material containing ammunition and explosives, including defective or

rejected supplies.

(iv) Preaward survey. Before awarding any contract, including purchase orders, involving

ammunition and explosives, obtain a preaward ammunition and explosives safety survey. If the

prospective contractor proposes subcontracting any ammunitions or explosive work, include a

review of the subcontractor's facility in the preaward survey.

(2) Postaward phase.
(i) Contract administration office responsibility.

(A) The contract administration office is responsible for verifying that the safety requirements of the

clause at DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives, are being

implemented in a manner that will reduce, to the maximum extent practicable, or eliminate the

probability of a mishap occurring.

(B) The clause at DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives, requires

compliance with DoD Manual 4145.26-M, Contractors’ Safety Manual for Ammunition and

Explosives. This manual requires the contractor to submit to the administrative contracting officer

(ACO) any postaward requests for a waiver of the contract safety standards, a site plan modification,

or a construction review. The ACO shall review any request and make recommendations to the

contracting officer. The contracting officer shall make a decision after considering recommendations

of the ACO and safety personnel responsible for ammunition and explosive safety.

(1) If the request arrives at the contracting office without evidence that the ACO has seen it,

immediately send it to the ACO for review and recommendations.

(2) When the contracting officer has made a determination approving or disapproving the

contractor's request, send the determination to the ACO for transmission to the contractor.

(ii) Subcontracts.

(A) The clause at DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives, requires

the contractor to notify the contracting officer when placing a subcontract for ammunition and

explosives. The contracting officer should coordinate with the safety personnel and request

supporting contract administration in accordance with FAR 42.202(e). If the contracting officer

believes the nature of the subcontract work poses a potential danger to Government property,

Government personnel, production capability, or contract completion, request supporting contract

administration.

(B) If the preaward safety survey identified areas in which a subcontractor was not complying with

the manual, and the subcontractor was supposed to correct the deficiencies before start-up, the

contracting officer shall require a preoperations survey to verify that the corrections were made.

(C) When postaward safety reviews by the Government uncover any safety deficiencies in the

subcontractor's operation, the review team shall inform the ACO cognizant of the subcontractor,

who shall immediately notify the ACO cognizant of the prime contractor. The ACO cognizant of the

prime shall inform the prime contractor of deficiencies requiring correction. The notifications shall

be made by the most expeditious means appropriate to the circumstance. If a critical safety

deficiency poses an imminent danger, the ACO cognizant of the prime shall make the notifications by

the most expeditious means available.