FAR 23.303—Notice of radioactive materials.
Plain-English Summary
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.
Key Rules
Contractor must give advance notice
The clause at 52.223-7 requires the contractor to notify the contracting officer before delivering radioactive material. The notice must be provided in advance of delivery, using the number of days specified in the contract.
CO must alert receiving activity
After receiving the contractor’s notice, the contracting officer must notify the receiving activity so it can take appropriate safeguards. This is intended to ensure the site is prepared to receive, handle, and secure the material safely.
Waiver allowed only for current prior notice
The contracting officer may waive the notification requirement if the contractor states that the information provided for prior deliveries is still current. The waiver is discretionary, not automatic, and may be used only after consultation with cognizant technical representatives.
Advance notice period must be specified
The contracting officer must state in the clause how many days before delivery the contractor must provide notice. This timing requirement is part of the contract and should be clear enough to support planning and compliance.
Coordinate timing with RPO
The number of days of advance notice should be determined in coordination with the installation or facility radiation protection officer (RPO). This helps ensure the notice period is long enough for safety review and site preparation.
RPO must ensure legal authorization
The RPO is responsible for ensuring the proper license, authorization, or permit is obtained before the radioactive material is received. This is a key control to prevent unauthorized receipt and to confirm the site is legally permitted to accept the material.
Responsibilities
Contractor
Provide advance notice to the contracting officer before delivering radioactive material, using the number of days specified in the contract. If seeking a waiver of repeat notice, state that the prior delivery information remains current.
Contracting Officer
Receive the contractor’s notice, notify the receiving activity so safeguards can be taken, and specify in the clause the required advance-notice period. The contracting officer may waive notice only after consulting cognizant technical representatives.
Receiving Activity
Use the contracting officer’s notice to prepare appropriate safeguards for receipt, handling, and storage of the radioactive material.
Installation/Facility Radiation Protection Officer (RPO)
Coordinate with the contracting officer on the advance-notice period and ensure the proper license, authorization, or permit is in place before the radioactive material is received.
Cognizant Technical Representatives
Provide technical input before the contracting officer grants any waiver of the notification requirement.
Practical Implications
Contractors should not assume radioactive material can be shipped on the same schedule as ordinary supplies; the contract may require several days of advance notice, and missing that deadline can delay delivery or create a compliance issue.
Contracting officers need to build the notice period into the solicitation and award documents, not handle it informally after award. If the clause is vague or omitted, the receiving site may not have enough time to prepare.
A waiver of repeat notice is limited and should be documented carefully. The contractor’s statement that prior information is still current does not by itself eliminate the need for CO judgment and technical consultation.
The RPO coordination step is important in practice because the notice period must be long enough for licensing and safety checks. If the site is not properly authorized to receive the material, delivery may have to be refused or delayed.
Common pitfalls include late notice, assuming prior approvals still apply without confirming they are current, and failing to coordinate with the receiving facility before shipment. These mistakes can create safety risks and disrupt mission schedules.
Official Regulatory Text
(a) The clause at 52.223-7 , Notice of Radioactive Materials, requires the contractor to notify the contracting officer prior to delivery of radioactive material. (b) Upon receipt of the notice, the contracting officer shall notify receiving activities so that appropriate safeguards can be taken. (c) The clause permits the contracting officer to waive the notification if the contractor states that the notification on prior deliveries is still current. The contracting officer may waive the notice only after consultation with cognizant technical representatives. (d) The contracting officer is required to specify in the clause at 52.223-7 , the number of days in advance of delivery that the contractor will provide notification. The determination of the number of days should be done in coordination with the installation/facility radiation protection officer (RPO). The RPO is responsible for ensuring the proper license, authorization, or permit is obtained prior to receipt of the radioactive material.