FAR 52.223-3—Hazardous Material Identification and Material Safety Data.
Plain-English Summary
FAR 52.223-3, Hazardous Material Identification and Material Safety Data, requires contractors to identify any hazardous material to be delivered under the contract, provide proper identification information such as a National Stock Number or Special Item Number, and submit Material Safety Data Sheets (MSDSs) that meet OSHA’s hazard communication requirements and Federal Standard No. 313. The clause also requires the contractor to keep the hazardous-material list current during performance, to resubmit updated data if the item’s composition changes or if Federal Standard No. 313 is revised, and to understand that failure to provide required MSDSs before award can make the offeror nonresponsible and ineligible for award. It preserves contractor responsibility for safety and compliance with all applicable federal, state, and local laws, permits, and licenses, and it gives the Government broad rights to use, duplicate, and disclose hazardous-material data for safety, medical, and related purposes. The Alternate I version adds shipment-level delivery requirements for MSDSs, including inclusion with packing lists or shipping documents, advance transmission if authorized, and special handling for shipments to depots, distribution centers, or customer supply centers. In practice, this clause is about ensuring the Government has timely, accurate hazard information so personnel can safely handle, transport, store, use, and dispose of hazardous materials and respond appropriately if exposure occurs.
Key Rules
Identify hazardous materials
The offeror must list every hazardous material to be delivered under the contract, as defined by the latest version of Federal Standard No. 313, including revisions adopted during the contract term. Each item must be properly identified and include any applicable identification number, such as a National Stock Number or Special Item Number.
Keep the list current
If the contractor later determines that another deliverable is hazardous, the list must be updated during performance. This is an ongoing obligation, not a one-time proposal requirement.
Submit MSDSs before award
The apparently successful offeror must submit an MSDS for each hazardous item identified in the offer, and the MSDS must meet 29 CFR 1910.1200(g) and Federal Standard No. 313. Failure to submit the required MSDSs before award may result in a finding of nonresponsibility and loss of award eligibility.
Resubmit when data changes
After award, if the item’s composition changes or Federal Standard No. 313 is revised so the submitted data becomes incomplete or inaccurate, the contractor must promptly notify the Contracting Officer and resubmit the data.
Contractor remains responsible for safety
Neither the clause itself nor any Government action or inaction relieves the contractor of responsibility or liability for the safety of Government, contractor, or subcontractor personnel or property.
Comply with all laws
The clause does not replace other legal requirements. The contractor must still comply with all applicable federal, state, and local laws, codes, ordinances, and regulations, including obtaining any required licenses and permits.
Government gets broad data rights
The Government may use, duplicate, and disclose hazardous-material data to warn personnel, obtain medical treatment, and allow others to use the data for those same purposes. These rights take precedence over any conflicting data-rights clause in the contract.
Follow Alternate I shipping rules
Under Alternate I, the contractor must provide enough MSDS copies for shipment, include them with the packing list or other shipping document, or transmit them in advance if the Contracting Officer authorizes that in writing. For shipments to depots, distribution centers, or customer supply centers, one copy must be placed in or on each shipping container, and if attached outside the container it must be in a weather-resistant envelope.
Responsibilities
Offeror
Identify all hazardous materials to be delivered, properly describe them, include applicable identification numbers, and ensure the proposal reflects the required hazardous-material information.
Apparently successful offeror
Before award, submit an MSDS for each hazardous material identified in the offer, using the formats and content required by 29 CFR 1910.1200(g) and Federal Standard No. 313.
Contractor
During performance, update the hazardous-material list when new hazardous deliverables are identified, promptly notify the Contracting Officer and resubmit data if composition changes or standards revisions make prior data inaccurate, comply with all applicable laws and permitting requirements, and remain responsible for safety and liability.
Contracting Officer
Review required hazardous-material information and MSDS submissions, determine whether pre-award submissions are adequate, authorize advance MSDS transmission in writing if appropriate under Alternate I, and receive updated data when changes occur.
Government
Use, duplicate, and disclose hazardous-material data for safety warnings, medical treatment, and related purposes, and apply those rights ahead of conflicting contract data-rights provisions.
Consignees
Receive MSDSs with shipments or in advance when authorized; for depot, distribution center, or customer supply center shipments, receive the MSDS copy in or on each shipping container.
Practical Implications
Contractors should build hazardous-material identification into proposal preparation early, because missing MSDSs can jeopardize award.
The clause requires continuous monitoring; if a supplier reformulates a product or the standard changes, the contractor must refresh the data rather than wait for the Government to ask.
MSDS logistics matter: under Alternate I, shipment paperwork and container marking/enclosures must be planned so the right people receive the right safety information at the right time.
Contractors should not assume that providing data under this clause shifts safety responsibility to the Government; the contractor still bears liability and compliance obligations.
Because the Government can disclose the data for safety and medical purposes, contractors should expect broad internal distribution of hazardous-material information within the Government and its support network.
Official Regulatory Text
As prescribed in 23.304 (a)(1) , insert the following clause: Hazardous Material Identification and Material Safety Data (Feb 2021) (a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. Material (If none, insert None ) Identification No. ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. (h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to- (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources. (End of clause) Alternate I ( July 1995). As prescribed in 23.304 (a)(2), add the following paragraph (i) to the basic clause: (i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous materials identified in paragraph (b) of this clause. (1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer. (2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.