SUBPART 223.5--DRUG-FREE WORKPLACE

(Revised June 21, 2005)

 

 

 223.570 Drug-free work force
 223.570-1 Definitions
 223.570-2 Policy
 223.570-3 General
 223.570-4 Contract clause


223.570  Drug-free work force.

 

223.570-1  Definitions.

“Employee in a sensitive position” and “illegal drugs,” as used in this section, are defined in the clause at 252.223-7004, Drug-Free Work Force.

 

223.570-2  Policy.

DoD policy is to ensure that its contractors maintain a program for achieving a drug-free work force.

 

223.570-3  General.

 

      (a)  The use of illegal drugs is inconsistent with the law-abiding behavior expected of all citizens.  Employees who use illegal drugs tend to be less productive, less reliable, and prone to greater absenteeism.  The use of illegal drugs by contractor employees results in the potential for increased cost, delay, and risk in the performance of a Government contract.

 

      (b)  If a contractor's employees use illegal drugs at any time, it can—

 

              (1)  Impair their ability to perform tasks that are critical to proper contract performance;

 

              (2)  Increase the potential for accidents and for failures that can pose a serious threat to the national security, health, and safety;

 

              (3)  Cause less than the complete reliability, stability, and good judgment required of an individual who has access to sensitive information;

 

              (4)  Create the possibility for coercion, influence, and irresponsible action under pressure that may post a serious risk to national security, health, and safety.

 

223.570-4  Contract clause.

 

      (a)  Use the clause at 252.223-7004, Drug-Free Work Force, in all solicitations and contracts—

 

              (1)  That involve access to classified information; or

 

              (2)  When the contracting officer determines that the clause is necessary for reasons of national security or for the purpose of protecting the health or safety of those using or affected by the product of, or performance of, the contract.

 

      (b)  Do not use the clause in solicitations and contracts—

 

              (1)  For commercial items;

 

              (2)  When performance or partial performance will be outside the United States and its outlying areas, unless the contracting officer determines such inclusion to be in the best interest of the Government; or

 

              (3)  When the value of the acquisition is at or below the simplified acquisition threshold.