GSA 552.223-71 Nonconforming Hazardous Materials. Basic (Sep 1999) (Current)

As prescribed in 523.303(b), insert 552.223-71, Nonconforming Hazardous Materials, in solicitations and contracts for supplies that contain hazardous materials.

Nonconforming Hazardous Materials (Sep 1999)

(a) Nonconforming supplies that contain hazardous material or that may expose persons who handle or transport the supplies to hazardous material and which require replacement under the inspection and/or warranty clauses of this contract shall be reshipped to the Contractor at the Contractor’s expense. The Contractor agrees to accept return of these nonconforming supplies and to pay all costs occasioned by their return.

(b) “Hazardous materials,” 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).

(c) If the Contractor fails to provide acceptable disposition instructions for the nonconforming supplies within 10 days from the date of the Government’s request (or such longer period as may be agreed to between the Contracting Officer and the Contractor), or fails to accept return of the reshipped nonconforming supplies, such failure:

(1) May be interpreted as a willful failure to perform,

(2) May result in termination of the contract for default and

(3) Shall be considered by the Contracting Officer in determining the responsibility of the Contractor for any future award (see FAR 9.104-3(b) and 9.406-2).

(d) Pending final resolution of any dispute, the Contractor shall promptly comply with the decision of the Contracting Officer.

(End of clause)

Prime’s Interest;
Services ✖ Construction ✖ Architect-Eng ✖ 

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

52.223-3 Hazardous Material Identification and Material Safety Data.

52.223-7 Notice of Radioactive Materials.

52.250-1 Indemnification Under Public Law 85-804.

52.250-3 SAFETY Act Block Designation/Certification.

52.250-4 SAFETY Act Pre-qualification Designation Notice.

52.250-5 SAFETY Act-Equitable Adjustment.

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

252.223-7001 Hazard Warning Labels.

252.223-7002 Safety Precautions for Ammunition and Explosives.

252.223-7003 Change in Place of Performance--Ammunition and Explosives.

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives.

252.223-7008 Prohibition of Hexavalent Chromium.

252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals.

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.



3052.223-70 Removal or disposal of hazardous substances – applicable licenses and permits

3052.223-90 Accident and fire reporting (USCG).

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)

5352.223-9001 Health and Safety on Government Installations

552.223-70 Hazardous Substances.

552.223-72 Hazardous Material Information.

552.223-73 Preservation, Packaging, Packing, Marking, and Labeling of Hazardous Materials (HAZMAT) For Shipments.

652.236-70 Accident Prevention.

1452.236-70 Prohibition Against Use of Lead-based Paint.

952.223-78 Sustainable acquisition program.

952.225-70 Subcontracting for nuclear hot cell services.

970.5223-7 Sustainable acquisition program.

970.5223-1 Integration of environment, safety, and health into work planning and execution.

952.204-73 Facility clearance.

952.223-71 Integration of environment, safety, and health into work planning and execution.

952.223-72 Radiation protection and nuclear criticality.

952.223-75 Preservation of individual occupational radiation exposure records.

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