Frequently Asked Questions

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.

A NASA contractor covered by clause 1852.223-74 must have a program to test employees in sensitive positions for illegal drug use and alcohol violations, including pre-employment, reasonable suspicion, random, post-accident and periodic recurring (follow-up) testing (48 CFR 1852.223-74(b)). The clause applies to NASA contracts over $5 million with sensitive positions.

Testing procedures. The program must conform to the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs and to the DOT procedures in 49 CFR Part 40. The clause lists marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP), to be tested under section 3.1 of the HHS guidelines and 49 CFR 40.85 (48 CFR 1852.223-74(b)(4)). The clause cites the 2008 HHS guidelines (73 FR 71858). The current 49 CFR 40.85 table lists these analytes: THCA, benzoylecgonine, codeine, morphine, hydrocodone, hydromorphone, oxycodone, oxymorphone, 6-acetylmorphine, phencyclidine, amphetamine, methamphetamine, MDMA and MDA. Alcohol testing follows 49 CFR Part 40. Use of a controlled substance under a valid prescription, or another use authorized by law, is not subject to the clause.

Designating positions. The contractor may use NASA Procedural Requirements 3792.1 as guidance in designating sensitive positions. The clause neither requires nor prohibits testing employees in a foreign country. The contractor may set up its testing or rehabilitation program together with other contractors or organizations.

Post-accident testing. The contractor must conduct post-accident testing when it determines an employee's actions are reasonably suspected of having caused or contributed to an accident resulting in death, personal injury requiring immediate hospitalization, or damage to government or private property estimated to exceed $20,000. The contractor must give test results to the contracting officer on request.

Practical steps. Random selection methods are described in the FAQ on random drug testing policies. Follow-up testing after a violation is covered in the FAQ on DOT follow-up testing requirements. Laboratory cutoffs are described in the FAQ on SAMHSA cutoff levels.

The FAQ on which NASA contracts require the clause explains coverage, and the FAQ on consequences for NASA contractor employees covers removal and rehabilitation.

A NASA contractor employee in a sensitive position whose confirmed test shows unlawful use of alcohol or a controlled substance must, where appropriate, be suspended, disqualified or dismissed, and may not work in a sensitive position on a NASA contract until completing rehabilitation (48 CFR 1852.223-74(c)). Some employees are permanently barred from sensitive positions.

Permanent bar. The contractor's program must bar an employee found to have used alcohol or a controlled substance unlawfully from working in any sensitive position on a NASA contract if the employee had undertaken or completed rehabilitation before that use, refuses to undertake rehabilitation, fails to complete it, or used a controlled substance or alcohol while on duty (48 CFR 1852.223-74(c)(3)).

Rehabilitation program. The contractor must maintain an appropriate rehabilitation program that, at a minimum, identifies and offers treatment to employees in safety-sensitive, security or national security functions who need help with alcohol or controlled substance problems (48 CFR 1852.223-74(d)).

Preemption. The clause takes precedence over inconsistent state or local laws, rules, regulations, ordinances, standards or orders (48 CFR 1852.223-74(e)).

Collective bargaining. Where a collective bargaining agreement applies, the contractor negotiates the terms of its program with employee representatives, but negotiation cannot change the clause requirements. Covered employees are not subject to the clause until the agreement is modified. If the parties have not reached agreement one year after negotiation begins, an impasse is reached and the contractor will implement the clause unilaterally (48 CFR 1852.223-74(f)).

Subcontracts. The contractor must include the clause in subcontracts that involve sensitive positions, except subcontracts for commercial products or commercial services (48 CFR 1852.223-74(g)).

Return to work and follow-up. The FAQ on the role of an MRO explains how positive results are verified, and the FAQ on DOT employee assistance program requirements describes assistance programs. Reasonable suspicion decisions are covered in the FAQ on reasonable suspicion training.

The FAQ on NASA contractor drug and alcohol testing requirements lists the required tests.