252.223-7002 — Safety Precautions for Ammunition and Explosives.

DFARS 252.223-7002 — Safety Precautions for Ammunition and Explosives.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

252.223-7002 Safety Precautions for Ammunition and Explosives. As prescribed in 223.370-5, use the following clause: Safety Precautions for Ammunition and Explosives (NOV 2023) (a) Definition. Ammunition and explosives, as used in this clause— (1) Means liquid and solid propellants and explosives, pyrotechnics, incendiaries and smokes in the following forms: (i) Bulk, (ii) Ammunition; (iii) Rockets; (iv) Missiles; (v) Warheads; (vi) Devices; and (vii) Components of (i) through (vi), except for wholly inert items. (2) This definition does not include the following, unless the Contractor is using or incorporating these materials for initiation, propulsion, or detonation as an integral or component part of an explosive, an ammunition or explosive end item, or of a weapon system— (i) Inert components containing no explosives, propellants, or pyrotechnics; (ii) Flammable liquids; (iii) Acids; (iv) Oxidizers; (v) Powdered metals; or (vi) Other materials having fire or explosive characteristics. (b) Safety requirements. (1) The Contractor shall comply with the requirements of DoD Manual 4145.26, DoD Contractors' Safety Manual for Ammunition and Explosives, hereafter referred to as “the manual,” in effect on the date of the solicitation for this contract. The Contractor shall also comply with any other additional requirements included in the schedule of this contract. (2) The Contractor shall allow the Government access to the Contractor's facilities, personnel, and safety program documentation. The Contractor shall allow authorized Government representatives to evaluate safety programs, implementation, and facilities. (c) Noncompliance with the manual. (1) If the Contracting Officer notifies the Contractor of any noncompliance with the manual or schedule provisions, the Contractor shall take immediate steps to correct the noncompliance. The Contractor is not entitled to reimbursement of costs incurred to correct noncompliances unless such reimbursement is specified elsewhe

• (1) The Contractor shall comply with the requirements of DoD Manual 4145.26, DoD Contractors' Safety Manual for Ammunition and Explosives, hereafter referred to as “the manual,” in effect on the date of the solicitation for this contract.
• The Contractor shall also comply with any other additional requirements included in the schedule of this contract.
• (2) The Contractor shall allow the Government access to the Contractor's facilities, personnel, and safety program documentation.
• The Contractor shall allow authorized Government representatives to evaluate safety programs, implementation, and facilities.
• (1) If the Contracting Officer notifies the Contractor of any noncompliance with the manual or schedule provisions, the Contractor shall take immediate steps to correct the noncompliance.
• The Contractor shall not resume performance until the Contracting Officer is satisfied that the corrective action was effective and the Contracting Officer so informs the Contractor.
• (5) If the direction to cease work or the removal of Government personnel results in increased costs to the Contractor, the Contractor shall not be entitled to an adjustment in the contract price or a change in the delivery or performance schedule unless the Contracting Officer later determines that the Contractor had in fact complied with the manual or schedule provisions.
• If the Contractor is entitled to an equitable adjustment, it shall be made in accordance with the Changes clause of this contract.
• If a mishap involving ammunition or explosives occurs, the Contractor shall— (1) Notify the Contracting Officer immediately; (2) Conduct an investigation in accordance with other provisions of this contract or as required by the Contracting Officer; and (3) Submit a written report to the Contracting Officer.
• (1) Nothing in this clause, nor any Government action or failure to act in surveillance of this contract, shall relieve the Contractor of its responsibility for the safety of— (i) The Contractor's personnel and property; (ii) The Government's personnel and property; or (iii) The general public.
• (2) Nothing in this clause shall relieve the Contractor of its responsibility for complying with applicable Federal, State, and local laws, ordinances, codes, and regulations (including those requiring the obtaining of licenses and permits) in connection with the performance of this contract.
• (1) The Contractor shall insert this clause, including this paragraph (g), in every subcontract that involves ammunition or explosives.
• (i) The clause shall include a provision allowing authorized Government safety representatives to evaluate subcontractor safety programs, implementation, and facilities as the Government determines necessary.
• (ii) Note: The Government Contracting Officer or authorized representative shall notify the prime Contractor of all findings concerning subcontractor safety and compliance with the manual.
• The Contractor in turn shall communicate directly with the subcontractor, substituting its name for references to “the Government”.
• The Contractor and higher tier subcontractors shall also include provisions to allow direction to cease performance of the subcontract if a serious uncorrected or recurring safety deficiency potentially causes an imminent hazard to DoD personnel, property, or contract performance.
• (3) The Contractor shall ensure that the subcontractor understands and agrees to the Government's right to access to the subcontractor's facilities, personnel, and safety program documentation to perform safety surveys.
• (4) The Contractor shall notify the Contracting Officer or authorized representative before issuing any subcontract when it involves ammunition or explosives.
• If the proposed subcontract represents a change in the place of performance, the Contractor shall request approval for such change in accordance with the clause of this contract entitled “Change in Place of Performance—Ammunition and Explosives”.