Requires contractor to provide information about hazardous substances used in contract performance.
Applicability: Applies to contracts where hazardous materials, recyclable materials, or toxic substances are used.
Key Requirements
Disclose all hazardous substances used in contract performance
Provide Safety Data Sheets (SDS) for all chemical products
Establish material tracking and reporting procedures
Implement pollution prevention practices where feasible
Common Issues & Pitfalls
Failing to identify all hazardous materials in the proposal
Not providing complete SDSs for all products
Underestimating environmental compliance and disposal costs
Not planning for hazardous waste handling and documentation
Contractor Guidance for Your Bid
Environmental and safety compliance is often overlooked by small contractors. If your proposal involves any hazardous materials, chemicals, electronics, or waste, account for disposal and compliance costs. Have your safety and environmental teams review the proposal—gaps here can trigger post-award compliance failures.
Related FAR Clauses
Frequently Asked Questions
What are the key requirements for FAR 52.223-5: Pollution Prevention and Right-to-Know Information?
+
Requires contractor to provide information about hazardous substances used in contract performance. Applies to contracts where hazardous materials, recyclable materials, or toxic substances are used.
When does FAR 52.223-5 apply to a federal contract?
+
Applies to contracts where hazardous materials, recyclable materials, or toxic substances are used.
What are the most common compliance issues with FAR 52.223-5?
+
Failing to identify all hazardous materials in the proposal Not providing complete SDSs for all products Underestimating environmental compliance and disposal costs Not planning for hazardous waste handling and documentation
How should contractors approach FAR 52.223-5 in their proposals?
+
Environmental and safety compliance is often overlooked by small contractors. If your proposal involves any hazardous materials, chemicals, electronics, or waste, account for disposal and compliance costs. Have your safety and environmental teams review the proposal—gaps here can trigger post-award compliance failures.
What related FAR clauses should contractors review alongside FAR 52.223-5?
+
Contractors reviewing FAR 52.223-5 should also study related clauses: 52-223-1, 52-223-3. Understanding how these clauses interact helps avoid compliance gaps that can trigger contract disputes or disqualify bids.
What happens if a contractor fails to comply with FAR 52.223-5?
+
Non-compliance with FAR 52.223-5 can result in contract termination for default, withholding of payments, debarment proceedings, or False Claims Act liability. Contracting officers typically issue a cure notice before termination. Contractors should consult with a contract attorney if they receive a cure notice related to this clause.