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Clauses · FAR · Environment and safety

FAR 52.223-3 Hazardous Material Identification and Material Safety Data

Does the regulation require it to flow down?

No

The current text has no flow-down paragraph; primes include it because the SDS and material identification come from the manufacturer — without passing the clause down, the prime cannot comply with its own

A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.

Checked against acquisition.gov on 2026-08-04 · edition FEB 2021 (Basic); Alt I JUL 1995 · base v0.9.3 Read the text ↗

What it makes you produce

2 items for your checklist, slowest first.

  1. Something somebody else has to issue you

    The same day if the issuer is one of your own suppliers, months if it is an assessor or an underwriter.

    • A safety data sheet for each of those items in the 29 CFR 1910.1200(g) and Federal Standard 313 form — owed whether or not you are the manufacturer, so for a distributor it comes from whoever made the material

      Owed by the apparently successful offeror before award; missing it can make an offeror nonresponsible

      FAR 52.223-3(d)

  2. Something you fill in and send back

    Hours, once you know which one is missing.

    • The list, filled in at offer, of every hazardous material to be delivered, each with its stock or item identification number

      FAR 52.223-3(b)

When it is used

Supplies contracts involving hazardous material per Federal Standard No. 313. Identification starts at the proposal (table of materials and identification numbers) and the SDS per 29 CFR 1910.1200(g) must be delivered before award. No dollar threshold in the text.

Read closely

(c) keeps the list current during performance, (e) requires the data resubmitted when the composition changes or the standard is revised, and (h) gives the Government the right to use and disclose the data to protect people exposed to the material.

Alternates

  • Alt I · JUL 1995

    FAR 23.304(a)(2).

    Alternate I adds a paragraph (i) putting copies of the safety data sheet with the shipment — with the packing list, and for depot and distribution-center consignments one copy in or on each shipping container in a weather-resistant envelope. It changes where the sheet travels; the sheet itself is the one paragraph (d) already calls for.

The 14 templates that name it, with the line
76CORPDOC 2A — FAR/DFARS Flowdown Provisions for Commercial Products/Services under a DoD Prime ContractLockheed Martinline 219143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 191155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 211233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 1283105Raytheon TC-002 — Supplement 1: Government Contract Provisions from the FARRTXline 66166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2285166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2227168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2325255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1041243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 1962122GD Mission Systems SCM-TMP-095 — FFP Purchase Orders for Commercial/COTS Products or Services in Support of a U.S. Government ContractGeneral Dynamicsline 1014240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 1745273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 578178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 745

Source: acquisition.gov, FAR 52.223-3 (verified 2026-08-04)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.