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DFARS 252.223-7008 Prohibition of Hexavalent Chromium. Basic (Jun 2013)

As prescribed in 223.7306, unless an exception in 223.7304 applies, or use has been authorized in accordance with 223.7305, use the clause at 252.223-7008, Prohibition of Hexavalent Chromium, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for supplies, maintenance and repair services, or construction.

223.7304  Exceptions.

The prohibition in 223.7303 does not apply to—

      (a)  Legacy systems and their related parts, subsystems, and components that already contain hexavalent chromium. However, alternatives to hexavalent chromium shall be considered by the appropriate official during system modifications, follow-on procurements of legacy systems, or maintenance procedure updates; and

      (b)  Additional sustainment related contracts (e.g., parts, services) for a system in which use of hexavalent chromium was previously approved.

PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

      (a)  Definitions.  As used in this clause—

“Homogeneous material” means a material that cannot be mechanically disjointed into different materials and is of uniform composition throughout.

              (1)  Examples of homogeneous materials include individual types of plastics, ceramics, glass, metals, alloys, paper, board, resins, and surface coatings.

              (2)  Homogeneous material does not include conversion coatings that chemically modify the substrate.

“Mechanically disjointed” means that the materials can, in principle, be separated by mechanical actions such as unscrewing, cutting, crushing, grinding, and abrasive processes.

      (b)  Prohibition.

              (1)  Unless otherwise specified by the Contracting Officer, the Contractor shall not provide any deliverable or construction material under this contract that—

                    (i)  Contains hexavalent chromium in a concentration greater than 0.1 percent by weight in any homogenous material; or

                    (ii)  Requires the removal or reapplication of hexavalent chromium materials during subsequent sustainment phases of the deliverable or construction material.

              (2)  This prohibition does not apply to hexavalent chromium produced as a by-product of manufacturing processes.

      (c)  If authorization for incorporation of hexavalent chromium in a deliverable or construction material is required, the Contractor shall submit a request to the Contracting Officer.

      (d)  Subcontracts.  The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for commercial items, that are for supplies, maintenance and repair services, or construction materials.

(End of clause)

(d)  Subcontracts.  The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for commercial items, that are for supplies, maintenance and repair services, or construction materials.

Mandatory (Exception);
  DFARS 212.301 (Applies when supplies, maintenance and repair services, or construction materials are required).

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