[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR23.504]

[Page 455]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 23_ ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE--Table of Contents
 
                    Subpart 23.5_Drug-Free Workplace
 
Sec.  23.504  Policy.

    (a) No offeror other than an individual shall be considered a 
responsible source (see 9.104-1(g) and 19.602-1(a)(2)(i)) for a contract 
that exceeds the simplified acquisition threshold, unless it agrees that 
it will provide a drug-free workplace by--
    (1) Publishing a statement notifying its employees that the unlawful 
manufacture, distribution, dispensing, possession, or use of a 
controlled substance is prohibited in the contractor's workplace, and 
specifying the actions that will be taken against employees for 
violations of such prohibition;
    (2) Establishing an ongoing drug-free awareness program to inform 
its employees about--
    (i) The dangers of drug abuse in the workplace;
    (ii) The contractor's policy of maintaining a drug-free workplace;
    (iii) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (iv) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (3) Providing all employees engaged in performance of the contract 
with a copy of the statement required by paragraph (a)(1) of this 
section;
    (4) Notifying all employees in writing in the statement required by 
subparagraph (a)(1) of this section, that as a condition of employment 
on a covered contract, the employee will--
    (i) Abide by the terms of the statement; and
    (ii) Notify the employer in writing of the employee's conviction 
under a criminal drug statute for a violation occurring in the workplace 
no later than 5 days after such conviction;
    (5) Notifying the contracting officer in writing within 10 days 
after receiving notice under subdivision (a)(4)(ii) of this section, 
from an employee or otherwise receiving actual notice of such 
conviction. The notice shall include the postion title of the employee;
    (6) Within 30 days after receiving notice under subparagraph (a)(4) 
of this section of a conviction, taking one of the following actions 
with respect to any employee who is convicted of a drug abuse violation 
occurring in the workplace:
    (i) Taking appropriate personnel action against such employee, up to 
and including termination; or
    (ii) Requiring such employee to satisfactorily participate in a drug 
abuse assistance or rehabilitation program approved for such purposes by 
a Federal, State, or local health, law enforcement, or other appropriate 
agency.
    (7) Making a good faith effort to maintain a drug-free workplace 
through implementation of subparagraphs (a)(1) through (a)(6) of this 
section.
    (b) No individual shall be awarded a contract of any dollar value 
unless that individual agrees not to engage in the unlawful manufacture, 
distribution, dispensing, possession, or use of a controlled substance 
while performing the contract.
    (c) For a contract of 30 days or more performance duration, the 
contractor shall comply with the provisions of paragraph (a) of this 
section within 30 days after contract award, unless the contracting 
officer agrees in writing that circumstances warrant a longer period of 
time to comply. Before granting such an extension, the contracting 
officer shall consider such factors as the number of contractor 
employees at the worksite, whether the contractor has or must develop a 
drug-free workplace program, and the number of contractor worksites. For 
contracts of less than 30 days performance duration, the contractor 
shall comply with the provisions of paragraph (a) of this section as 
soon as possible, but in any case, by a date prior to when performance 
is expected to be completed.

[54 FR 4968, Jan. 31, 1989, as amended at 55 FR 21707, May 25, 1990; 55 
FR 38517, Sept. 18, 1990; 60 FR 34758, July 3, 1995; 61 FR 69292, Dec. 
31, 1996]

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