FAR 23.304—Contract clauses.
Plain-English Summary
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.
Key Rules
Use hazardous material clause
The contracting officer must insert 52.223-3, Hazardous Material Identification and Material Safety Data, in solicitations and contracts when the contract will require delivery of hazardous materials as defined in FAR 23.301. This is a mandatory clause trigger based on the supplies to be delivered.
Use Alternate I outside DoD
If an agency other than the Department of Defense awards the contract, the contracting officer must use 52.223-3 with Alternate I. The alternate is not optional for non-DoD agencies when the hazardous material clause applies.
Use radioactive materials notice clause
The contracting officer must insert 52.223-7, Notice of Radioactive Materials, in solicitations and contracts for supplies that are or contain radioactive material meeting the rule’s licensing or activity thresholds. The clause is required when the supplies fall within the specified radioactive material categories.
Apply licensing threshold
The radioactive materials clause applies when the supply contains radioactive material requiring specific licensing under regulations issued under the Atomic Energy Act of 1954. This captures materials subject to more formal regulatory control.
Apply activity threshold
The clause also applies when the supply contains radioactive material not requiring specific licensing but with specific activity greater than 0.002 microcuries per gram or activity per item equal to or exceeding 0.01 microcuries. Either threshold is enough to trigger the clause.
Examples are illustrative
The regulation lists examples of covered supplies, including aircraft, ammunition, missiles, vehicles, electronic tubes, instrument panel gauges, compasses, and identification markers. These examples are not exhaustive; the clause applies to any supply meeting the radioactive material criteria.
Responsibilities
Contracting Officer
Determine whether the solicitation or contract will require delivery of hazardous materials or supplies containing radioactive material that meet the regulatory thresholds. Insert the correct clause, use Alternate I for non-DoD awards when required, and ensure the clause is included in both solicitations and contracts.
Agency
Follow the applicable clause version and internal acquisition procedures for hazardous and radioactive material procurements. Ensure acquisition personnel understand when the clauses are mandatory and how agency-specific implementation affects clause selection.
Contractor
Identify whether offered or delivered supplies include hazardous materials or radioactive materials that trigger these clauses. Provide the required identification, safety, and notice information and comply with any handling, labeling, or disclosure obligations imposed by the contract clause and applicable law.
Practical Implications
This section is a clause-selection rule, so the main day-to-day task is screening the supplies being bought before award. If the item includes hazardous or radioactive material, the wrong clause choice can create compliance gaps and delay award or administration.
Contracting officers should not rely only on product names or broad categories; they need to check whether the item actually meets the FAR definition or activity/licensing threshold. Some items that seem ordinary, such as gauges or compasses, may still trigger the radioactive materials clause.
Non-DoD agencies must remember to use Alternate I for the hazardous material clause when it applies. Forgetting the alternate is a common administrative error that can affect the contract’s required disclosures and safety information flow.
Contractors should be prepared to identify hazardous constituents and provide material safety data or equivalent information early, because the clause is intended to support safe handling and informed use. Late identification can disrupt procurement and delivery schedules.
For radioactive materials, the key pitfall is assuming that only obviously radioactive products are covered. The rule reaches supplies that contain radioactive material above very low thresholds, so technical review of product composition and licensing status is essential.
Official Regulatory Text
(a) (1) The contracting officer shall insert the clause at 52.223-3 , Hazardous Material Identification and Material Safety Data, in solicitations and contracts if the contract will require the delivery of hazardous materials as defined in 23.301 . (2) If the contract is awarded by an agency other than the Department of Defense, the contracting officer shall use the clause at 52.223-3 with its Alternate I. (b) The contracting officer shall insert the clause at 52.223-7 , Notice of Radioactive Materials, in solicitations and contracts for supplies that are or that contain— (1) Radioactive material requiring specific licensing under regulations issued pursuant to the Atomic Energy Act of 1954; or (2) Radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such supplies include, but are not limited to, aircraft, ammunition, missiles, vehicles, electronic tubes, instrument panel gauges, compasses, and identification markers.