Which NASA Contracts Require a Drug- and Alcohol-Free Workforce?

NASA must include its drug- and alcohol-free workforce clause, NFS 1852.223-74, in solicitations and contracts that exceed $5 million and involve work performed by an employee in a sensitive position (48 CFR 1823.570-2). The clause does not apply to contracts for commercial products or commercial services.

Sensitive positions. An employee in a sensitive position is a contractor or subcontractor employee who has been granted access to classified information, or who holds a position the contractor or subcontractor determines could reasonably be expected to affect safety, security, national security or other functions requiring a high degree of trust and confidence. The term also includes employees in mission critical positions or duties and applicants tentatively selected for any of these positions (48 CFR 1823.570-1).

Alcohol. Unlawful use of alcohol includes having an alcohol concentration of 0.04 percent by weight or more in the blood, measured by a breath or blood test, while on duty or during a preemployment interview. Refusing the test is presumptive evidence of a violation (48 CFR 1823.570-1).

Enforcement. If a contractor fails to comply, NASA follows the FAR procedures for suspension of contract payments, termination for default and debarment or suspension (48 CFR 1823.570-3). That NFS section still refers to FAR 23.506. The FAR redesignated those procedures in 2024, and they now appear at FAR 26.505 (48 CFR 26.505).

What the clause requires. The testing program, the drugs tested and the consequences for employees are covered in the FAQ on NASA contractor drug and alcohol testing requirements and the FAQ on consequences for NASA contractor employees.

Related testing topics. The clause relies on federal testing procedures in 49 CFR Part 40, described in the FAQ on what 49 CFR Part 40 is. The FAQ on who requires non-DOT drug testing explains other federal programs that require testing outside DOT.