- SAFETY PRECAUTIONS FOR DANGEROUS MATERIALS. Seller shall package, label,
transport and ship hazardous materials or items containing hazardous materials
in accordance with current published issues of tariffs and regulations
reflecting 29 CFR 1910.1200, 49 CFR Article 171-179, or Packaging and Handling
of Dangerous Materials for Transportation by Military Aircraft, Joint Manual
AFR 71-4, TM 38-250, NAVSUP PVB 505, DLAM 4145.3 and MCO-P 4030.19 and
subsequent reissues thereof.
- SUPPLIER REVIEW OF MATERIAL SAFETY DATA SHEETS. Before, or upon commencing
work, Seller shall review all Material Safety Data Sheets for hazardous
materials used or stored and any applicable safety measures to be employed
in the areas of work. (This data will be provided to the Seller by the
Buyer's Materiel Representative.) This requirement is in accordance with
OSHA Hazard Communication Standard, 29 CFR 1910.1200.
- RESERVED
- HAZARDOUS CHEMICALS LIST. Prior to commencing work, Seller shall provide
a list of hazardous chemicals, if any, to be used on site and corresponding
Material Safety Data Sheets to the Buyer's Safety Organization through
the appropriate Buyer representative.
- SAFETY APPROVAL OF SUBCONTRACTOR(S). Pre-Award safety approval by the
Government is required prior to the award of any subcontract(s) involving
research, developing, manufacturing, loading, testing, and handling of
ammunition, explosives and related dangerous materials. Therefore, prior
to the award of any subcontract(s), under the circumstances stated above,
Seller shall: (a) request to be performed the required pre-award safety
survey of plant(s) of any proposed subcontractor(s); and (b) obtain Buyer's
approval in writing prior to the award of any subcontract(s).
- SAFETY APPROVAL OF SITE AND CONSTRUCTION PLANS. Site and construction
plans for ammunition and explosive facilities will be submitted to the
Buyer for endorsement and transfer to the cognizant DoD Safety Office in
accordance with the requirements of Chapter 1, paragraphs f, g and h, DoD
Contractor's Safety Manual 4145.26-M. Modifications, additions or relocation
of facilities or operations shall likewise be submitted for review. These
provisions apply equally to Seller's subcontractors.
- MATERIAL SAFETY DATA SHEETS. Seller will comply with the Hazard Communication
Standard, 29 CFR 1910.1200. Seller shall ensure that the name of the Product
as identified on the MSDS is identical to the name which appears on the
label of the Product shipped to Buyer.
Seller shall provide a copy of the Material Safety Data Sheet with each
shipment of the product.
- HAZARDOUS MATERIALS. The clause set forth in FAR 52.223-3, "Hazardous
Material Identification and Material Safety Data", is incorporated
by reference. "Contractor" shall mean Seller and "Government"
in paragraph (c) shall mean Government or Buyer. Hazardous materials are
those which are defined in Federal Standard 313A, except for materials
embedded in a delivered product in such a manner that in the normal course
of use or repair it could not present a potential for harm or injury to
personnel.
- SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES. DFARS 252.223-7001,
"Safety Precautions for Ammunition and Explosives," is incorporated
by reference. "Contracting Officer" shall mean Buyer.
- SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES. DFARS 252.223-7002,
"Safety Precautions for Ammunition and Explosives," is incorporated
by reference.
- NOTIFICATION OF TOXIC CHEMICALS. Seller will comply with Section 313
of the Emergency Planning and Community Right to Know Act of 1986 (EPCRA)
and 40 CFR Part 372, if applicable. As part of such compliance, Seller
shall furnish to the Buyer's Materiel Representative the following information
with the initial shipment of each Product to Buyer:
- A statement that the Product contains chemicals which are subject to
Section 313 of Title III of the Superfund Amendments and Reauthorization
Act of 1986 and 40 CFR 372.45;
- The name and the associated Chemical Abstract Service Registry number
of each chemical which has been incorporated in the Product and which is
listed in the specific Toxic Chemical Listings contained in 40 CFR 372.65;
and
- The percent by weight of each toxic chemical component of the product
shipped.
If the Seller is required to submit a Material Safety Data Sheet (MSDS),
this notification must be attached to or otherwise incorporated into such
MSDS.
- SHIPPING HAZARDOUS MATERIALS. (A) Shipment of hazardous materials shall
be by common carrier authorized to handle the material, and in accordance
with 49 CFR Parts 100-199 and the IATA "Dangerous Goods Regulations"
or "The International Maritime Dangerous Goods Code" (if applicable).
This includes but is not limited to:
- Shipping papers must include the emergency contact number.
- Shipping papers and packages for hazardous materials or wastes identified
as "N.O.S." (not otherwise specified) must show the technical
name(s) listed in parenthesis, the association to the basic description,
and in the case of mixtures, list the major hazardous components by percentage
contributing to the hazard.
(B) Seller shall indicate on the shipping papers whether the material
presents Poisonous by Inhalation (PIH) hazard.
(C) At Buyer's request Seller will provide test reports indicating Performance
Oriented Packaging (POPs) compliance to facilitate Buyer's reshipment of
Seller's Product.
(D) Seller shall mark on all interior packages and shipping containers
the closed cup flash point of flammable and combustible materials and/or
percentage concentration of corrosive liquids.
- NOTICE OF RADIOACTIVE MATERIALS. FAR 52.223-7, "Notice of Radioactive
Materials", is incorporated by reference. "Contractor" means
Seller and "Contracting Officer" means Buyer. The blank in paragraph
(a) shall be filled by inserting thirty (30)."
- ACCIDENT REPORTING AND INVESTIGATION. DFARS 252.228-7005, "Accident
Reporting and Investigation Involving Aircraft, Missiles and Space Launch
Vehicles," is incorporated by reference.
- SAFETY AND ACCIDENT PREVENTION. AFFARS 52.223-9004, "Safety and
Accident Prevention, is incorporated by reference. "Contracting Officer"
shall mean Buyer.
- SAFETY AND ACCIDENT PREVENTION. AFFARS 5352.223-9000, "Safety
and Accident Prevention", is incorporated by reference.
- REPLACEMENT PRESERVATIVE FOR PENTACHLOROPHENOL. If packaging requirements
of this contract specify the use of wood products and a preservative is
required, Pentachlorophenol, commonly referred to as "Penta"
or "PCP," is prohibited. Replacement preservatives are 2 percent
copper naphthenate, 3 percent zinc naphthenate or 1.8 percent copper 8
quinolinolate.
- LEAD. It is the policy of Buyer to prohibit the use of paints containing
lead in any form. Seller hereby affirms that the Product provided in compliance
with this Contract contains no lead. Further Buyer prohibits the use of
lead hammers and lead "slappers." Seller hereby affirms that
individuals under its control are informed of this policy.
- HAZARDOUS WASTE. If in the performance of services on Buyer's property,
Seller generates any hazardous substances, or hazardous wastes, or dangerous
or extremely hazardous wastes (hereinafter "Hazardous Substances"),
unless specifically directed otherwise by Buyer, these Hazardous Substances
will be disposed by Buyer. Immediately upon the generation of such Hazardous
Substances, the Seller shall advise the using organization's environmental
control office. The Seller is hereby directed to coordinate with the using
organization's environmental control office to properly package and manage
these Hazardous Substances. Seller is further obligated to transport the
Hazardous Substances, if so directed by the environmental control representative,
to the proper "on-site" storage location for eventual disposal
by Buyer. Should the Seller leave any Hazardous Substances improperly packaged,
or abandoned, Seller shall be liable for all fines and/or expenses associated
with (1) the improper storage or abandonment; (2) repackaging to comply
with applicable federal, state, and local laws; and (3) the remediation
of any contamination caused by such improper packaging or such abandonment.
For purposes of this agreement, the definitions of the terms "hazardous
substance," "hazardous waste," "dangerous or extremely
hazardous wastes," shall be those used in the Comprehensive Environmental
Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq.; The
Resource Conservation Recovery Act, 42 U.S.C., 6901 et seq., and its applicable
state law equivalent; and/or the Washington State Model Toxics Control
Act if this purchase order is performed in the State of Washington.
- TOXIC CHEMICAL RELEASE REPORTING. FAR 52.223-14, "Toxic Chemical
Release Reporting," is, except for paragraph (e), incorporated by
reference. "Contracting Officer" in paragraph (d) means Buyer.
- PRODUCTS MANUFACTURED WITH OZONE DEPLETING SUBSTANCES. The item(s)
to be delivered under this contract may be manufactured using Class I ozone
depleting substances and the following warning statement shall apply to
such item(s):
WARNING: Manufactured with CFC-11, 12, 13, 111, 112, 113,
114, 115, 211, 212, 213, 214, 215, 216, 217, Halons 1211, 1301,
2402, Carbon Tetrachloride or Methyl Chloroform substances
which harm public health and environment by destroying ozone in
the upper atmosphere.
- PRODUCTS CONTAINING OZONE DEPLETING SUBSTANCES. The item(s) to be delivered
under this contract may contain a Class I ozone depleting substance and
the following warning statement shall apply to such item(s):
WARNING: Contains CFC-11, 12, 13, 111, 112, 113, 114, 115,
211, 212, 213, 214, 215, 216, 217, Halons 1211, 1301, 2402,
Carbon Tetrachloride or Methyl Chloroform substances which
harm public health and environment by destroying ozone in the upper atmosphere.
- LABELING REQUIREMENTS. It is agreed that the above warning statement
satisfies the requirements of the Clean Air Act Amendments of 1990 (Section
611), Title 40 CFR Part 82. Accordingly, no method of marking or tagging
items shall be used unless the item is a chemical or chemical compound.
- PRODUCTS MADE WITH OR CONTAINING OZONE DEPLETING SUBSTANCES - FOREIGN
SUPPLIERS. The product(s) to be delivered under this contract may contain
or may be manufactured with ozone depleting substances. The Seller shall
include with each of its bills of lading the following statement:
May be manufactured with an ozone depleting substance and the following
warning statement shall apply to such item(s):
WARNING: Manufactured with (state which of the following
substances apply: CFC-11, 12, 13, 111, 112, 113, 114, 115, 211,
212, 213, 214, 215, 216, 217, Halons 1211, 1301, 2402, Carbon
Tetrachloride or Methyl Chloroform) substances which harm
public health and environment by destroying ozone in the upper
atmosphere.
May contain an ozone depleting substance and the following warning statement
shall apply to such item(s):
WARNING: Contains (state which of the following substances
apply: CFC-11, 12, 13, 111, 112, 113, 114, 115, 211, 212, 213,
214, 215, 216, 217, Halons 1211, 1301, 2402, Carbon Tetrachloride
or Methyl Chloroform) substances which harm public health
and environment by destroying ozone in the upper atmosphere.