FAR 52.223-7—Notice of Radioactive Materials.
Plain-English Summary
FAR 52.223-7, Notice of Radioactive Materials, sets the advance-notice, waiver, marking, and flowdown requirements for contract items, parts, subassemblies, and servicing that involve radioactive materials. It applies when the contractor will deliver items containing radioactive material that requires specific licensing under the Atomic Energy Act regulations, or other radioactive material above the clause’s activity thresholds. The clause exists so the Government can obtain any required licenses, notify the right personnel, and put safety and health precautions in place before the item is delivered or servicing is completed. It also requires the contractor to identify the radioactive content in writing, allows a waiver of repeat notice when the material has not changed from prior deliveries, and requires clear marking and labeling under MIL-STD-129. Finally, it requires the clause to be flowed down to covered subcontracts, which means prime contractors must manage radioactive-material compliance throughout the supply chain.
Key Rules
Advance written notice required
The contractor must notify the contracting officer or designee in writing a specified number of days before delivery, or before completion of servicing, for covered items. The contracting officer inserts the lead time needed to secure licenses and alert personnel so safety and health precautions can be taken.
Covered radioactive materials
The clause applies to items containing either radioactive material requiring specific licensing under the Atomic Energy Act regulations, or other radioactive material that does not require specific licensing but exceeds the stated activity thresholds: more than 0.002 microcuries per gram or 0.01 microcuries per item.
Notice content requirements
The notice must identify the parts containing radioactive material, describe the materials, state the isotope name and activity, identify the manufacturer, and include any other information known to the contractor that would alert users to the hazards involved.
Waiver for unchanged material
If the quantity of activity, characteristics, and composition have not changed from prior deliveries under the contract or a prior contract, the contractor may request a waiver of the notice requirement. The request must be in writing and must cite the prior contract number and the contracting office that received the earlier notice.
Marking and labeling required
All covered items, parts, subassemblies, and the containers in which they are delivered must be clearly marked and labeled in accordance with the latest revision of MIL-STD-129 in effect on the contract date.
Subcontract flowdown
The clause, including the flowdown paragraph, must be inserted in all subcontracts for radioactive materials meeting the paragraph (a) criteria. Prime contractors must therefore ensure subcontractors comply with the same notice and marking obligations.
Responsibilities
Contracting Officer
Insert the required number of advance-notice days in the clause, based on the time needed to obtain licenses and notify appropriate personnel. Review waiver requests and determine whether prior notice and unchanged material justify waiving repeat notice.
Contractor
Provide timely written notice before delivery or completion of servicing for covered radioactive materials; include all required technical and hazard information; request a waiver in writing when eligible; ensure items and containers are properly marked and labeled; and flow the clause down to applicable subcontracts.
Subcontractor
Comply with the same notice, identification, and marking requirements when performing covered work under a subcontract that includes the clause.
Agency/Users of the items
Use the advance notice to obtain any required licenses and implement safety and health precautions before receiving or using the radioactive items.
Practical Implications
Contractors should identify radioactive content early in the supply chain, because the notice deadline is set by the contracting officer and may be long enough to affect production and shipping schedules.
A common pitfall is assuming the waiver is automatic; it is only available when the radioactive material has not changed and the contractor submits a proper written request with the required contract references.
Marking and labeling errors can create receiving delays or safety issues, especially if containers are not labeled consistently with MIL-STD-129 and the contract date’s version of that standard.
Prime contractors need subcontract controls, because failure to flow down the clause can leave the prime responsible for a subcontractor’s missing notice or labeling.
The clause is not just paperwork: it is intended to trigger licensing and safety actions, so incomplete descriptions of isotope, activity, or hazard information can create compliance and operational problems.
Official Regulatory Text
As prescribed in 23.304 (b) , insert the following clause: Notice of Radioactive Materials (Jan 1997) (a) The Contractor shall notify the Contracting Officer or designee, in writing, ______________ *days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of1954, as amended, as set forth in Title 10 of the Code of Federal Regulations , in effect on the date of this contract, or (2) other 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 notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No.9000-0107). * The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. (b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall- (1) Be submitted in writing; (2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and (3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted. (c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract. (d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause. (End of clause)