FAR 23.3—Subpart 23.3

Scope of subpart.

FAR 23.300 is the scope statement for Subpart 23.3, which means it tells you exactly what this subpart covers and, just as importantly, what it does not. It addresses two specific topics: first, the acquisition of deliverable items other than ammunition and explosives when the contractor must furnish data about hazardous materials; and second, the requirement to provide advance notification when radioactive materials will be delivered. In practice, this section signals that agencies and contracting officers must build the right hazardous-materials information and notification requirements into the procurement process, rather than treating them as afterthoughts. It also makes clear that ammunition and explosives are handled differently, because agencies may establish special procedures for those items. The practical significance is that this scope provision frames the compliance obligations that follow in the rest of the subpart, helping protect personnel, facilities, transportation systems, and the environment while ensuring the Government receives the information it needs to handle dangerous materials safely.

Definition.

FAR 23.301 is a definition section, and its main job is to tell readers where to find the controlling meaning of the term “hazardous material” for purposes of FAR Part 23. It does not create a separate substantive handling, labeling, or reporting requirement by itself; instead, it points users to the latest version of Federal Standard No. 313 for the operative definition. The section also identifies how Federal Standards are made available to the public and Federal agencies, specifically through the General Services Administration, Specifications Unit (3FBP-W), at the listed Washington, DC address. In practice, this means contracting officers, contractors, and compliance staff must use the current Federal Standard No. 313 definition when interpreting solicitations, contracts, and related environmental, safety, and transportation obligations. The section matters because the definition of hazardous material can affect contract clauses, packaging, shipping, storage, labeling, training, reporting, and risk controls, so using the wrong version or assuming a common-language meaning can lead to compliance errors.

Hazardous material identification and notice of material safety data.

FAR 23.302 explains how the Government identifies and manages hazardous materials that may enter the workplace through purchased supplies, and how it obtains the safety information needed to protect Government personnel. It ties the procurement process to OSHA-style hazard communication by requiring offerors and contractors to provide Material Safety Data Sheets (MSDS) for hazardous materials, including materials identified under the latest version of Federal Standard No. 313 and any other material a Government technical representative designates as potentially hazardous. The section also addresses when the MSDS must be submitted: by the apparent successful offeror before award if hazardous materials are expected during performance, and, for agencies other than DoD, again with the supplies at delivery. Finally, it requires the contracting officer to pass received MSDSs to the safety officer or other designated official so the information reaches the people responsible for workplace safety. In practice, this section ensures the Government can evaluate hazards before award, control risks during performance, and maintain a usable safety record for the items being acquired.

Notice of radioactive materials.

FAR 23.303 addresses the advance notice required before radioactive material is delivered under a federal contract, and it ties that notice to the government’s ability to protect people, property, and facilities. It explains the contractor’s duty to notify the contracting officer before delivery, the contracting officer’s duty to alert the receiving activity so safeguards can be put in place, and the limited circumstances under which the contracting officer may waive repeat notice when prior information remains current. It also requires the contracting officer to set the number of days of advance notice in the contract clause at 52.223-7, and to do so in coordination with the installation or facility radiation protection officer (RPO). In practice, this section ensures that radioactive shipments are not received unexpectedly and that the receiving site has time to verify licensing, authorization, or permits and to prepare proper controls. The rule is both a safety measure and a compliance measure, helping agencies avoid unauthorized receipt, mishandling, or regulatory violations involving radioactive materials.

Contract clauses.

FAR 23.304 tells contracting officers when to include specific contract clauses dealing with hazardous materials and radioactive materials. It covers two clause requirements: the Hazardous Material Identification and Material Safety Data clause at 52.223-3, including the special Alternate I for non-DoD agencies, and the Notice of Radioactive Materials clause at 52.223-7. The section ties clause use to the nature of the supplies being acquired, not to a general policy preference, so the key question is whether the contract will require delivery of hazardous materials or supplies that are or contain radioactive material meeting the stated thresholds. In practice, this section is about ensuring the government gets advance notice and safety information needed for handling, storage, transport, use, and compliance with applicable health, safety, and licensing requirements. It matters because failure to include the right clause can create safety, compliance, and contract administration problems, especially where materials pose special handling or regulatory burdens. The section also reflects agency-specific implementation differences, since non-Department of Defense agencies must use the alternate version of the hazardous material clause.