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48 CFR § 23.304 - 23.304 Contract clauses. 

---
identifier: "/us/cfr/t48/s23.304"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 23.304 - 23.304   Contract clauses."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "23.304"
section_name: "23.304   Contract clauses."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "D"
subchapter_name: "SOCIOECONOMIC PROGRAMS"
part_number: "23"
part_name: "ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42275, Sept. 19, 1983, unless otherwise noted."
cfr_part: "23"
---

# 23.304 23.304   Contract clauses.

(a)(1) The contracting officer shall insert the clause at 52.223-3, Hazardous Material Identification and Material Safety Data, in solicitations and contracts if the contract will require the delivery of hazardous materials as defined in 23.301.

(2) If the contract is awarded by an agency other than the Department of Defense, the contracting officer shall use the clause at 52.223-3 with its *Alternate I.*

(b) The contracting officer shall insert the clause at 52.223-7, Notice of Radioactive Materials, in solicitations and contracts for supplies that are or that contain—

(1) Radioactive material requiring specific licensing under regulations issued pursuant to the Atomic Energy Act of 1954; or

(2) Radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such supplies include, but are not limited to, aircraft, ammunition, missiles, vehicles, electronic tubes, instrument panel gauges, compasses, and identification markers.

[89 FR 30243, Apr. 22, 2024]