FAR 23.109—Solicitation provisions and contract clauses.
Plain-English Summary
FAR 23.109 tells contracting officers which environmental and sustainability-related solicitation provisions and contract clauses must be included when the Government buys certain products or services. It covers four main subject areas: the Sustainable Products and Services clause at 52.223-23; EPA-designated items and recovered material requirements under 52.223-4 and 52.223-9; biobased products in USDA-designated product categories under 52.223-1 and 52.223-2; and products or services involving ozone-depleting substances and high global warming potential hydrofluorocarbons under 52.223-11, 52.223-12, 52.223-20, and 52.223-21. In practice, this section is a clause-selection rule: it tells the contracting officer when these provisions must be inserted, when exceptions or exemptions remove the requirement, and when special coverage limits apply. It matters because these clauses drive offeror certifications, reporting, and compliance obligations, and they help the Government implement statutory and policy goals for sustainable purchasing, recovered materials, biobased products, and climate- and ozone-related restrictions. For contractors, the section signals when they must certify product content, report product use, or comply with product-specific restrictions in performance. For agencies, it requires coordination between the requiring activity, technical personnel, and the contracting office so the right clauses are included and unsupported exceptions are not used too broadly.
Key Rules
Sustainable products clause required
Insert 52.223-23, Sustainable Products and Services, in solicitations and contracts unless the requiring activity has a written justification that sustainable products and services are not practicable, or an exception under 23.105 or exemption under 23.106 applies. The justification, exception, or exemption must cover the entire contract action requirements.
EPA-designated items need recovered material clauses
For acquisitions other than COTS items, insert 52.223-4, Recovered Material Certification, in solicitations that require delivery or specify use of EPA-designated items. Also insert 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts over $200,000 for EPA-designated items containing recovered materials; use Alternate I if technical personnel say the estimates can be verified.
Biobased product certification and reporting
Insert 52.223-1, Biobased Product Certification, in solicitations that require delivery or specify use of biobased products in USDA-designated product categories, unless the acquisition falls under 23.105(d), or the solicitation includes 52.223-2. Insert 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts, in service and construction solicitations and contracts unless the contract will not involve biobased products in USDA-designated product categories.
Ozone and HFC clauses for covered products
Except for supplies delivered outside the United States and its outlying areas, or services performed outside those areas, insert 52.223-11 for specified refrigeration, air conditioning, fire suppression, chemical specialty, preservative, lubricant, and other end products that may contain ozone-depleting substances or high-GWP hydrofluorocarbons. This clause also applies to any other manufactured end products that may contain or be manufactured with those substances.
Maintenance and disposal of cooling equipment
Insert 52.223-12 in solicitations and contracts that include maintenance, service, repair, or disposal of refrigeration equipment or air conditioners, including motor vehicle air conditioning systems. The clause addresses handling of equipment that can release regulated refrigerants during performance.
Aerosols and device repair coverage
Insert 52.223-20 in solicitations and contracts for products that may contain high-GWP hydrofluorocarbons as a propellant or solvent, and in contracts involving maintenance or repair of electronic or mechanical devices. The clause is aimed at products and activities where aerosol use or servicing can implicate regulated chemicals.
Foams and construction coverage
Insert 52.223-21 in solicitations and contracts for products that may contain high-GWP hydrofluorocarbons or refrigerant blends as foam blowing agents, such as building or appliance foam insulation, and in construction of buildings or facilities. This clause addresses foam-related emissions and material selection in construction and product procurement.
Responsibilities
Contracting Officer
Determine whether each listed provision or clause applies, insert the correct clause or provision in the solicitation and contract, and verify that any written justification, exception, or exemption actually covers the full contract action before omitting the Sustainable Products and Services clause. The contracting officer must also apply the COTS limitation, the $200,000 threshold for 52.223-9, and the geographic exceptions for overseas deliveries or performance.
Requiring Activity
Provide a written justification when it is not practicable to procure sustainable products and services, and ensure the justification is broad enough to cover the entire requirement if the Sustainable Products and Services clause is to be omitted. The requiring activity should also identify product and service needs that trigger EPA-designated, biobased, or ozone/HFC clauses.
Technical Personnel
Advise whether estimates of recovered material content can be verified so the contracting officer can decide whether to use Alternate I of 52.223-9. Technical staff may also help identify whether the acquisition involves covered products, equipment, or services under the ozone/HFC clauses.
Contractor
Comply with any inserted certification, reporting, and performance clauses; certify recovered material or biobased product information when required; and follow restrictions and handling requirements for ozone-depleting substances and high-GWP hydrofluorocarbons during supply, maintenance, repair, disposal, or construction work.
Agency
Maintain acquisition policies and internal controls that support sustainable purchasing, recovered material use, biobased product reporting, and compliance with ozone/HFC requirements. Agencies should ensure buyers and program offices understand when the clauses apply and how exceptions and exemptions are documented.
Practical Implications
This section is a clause-mapping tool: the main day-to-day task is identifying whether the acquisition falls into one of the covered categories and then inserting the right provision or clause at the right stage.
A common pitfall is omitting a clause because the requirement was only partially covered by a justification, exception, or exemption; FAR 23.109 requires the coverage to extend to the entire contract action requirements.
Another frequent issue is confusing COTS acquisitions with non-COTS acquisitions for EPA-designated items, or missing the $200,000 threshold for the recovered material estimate clause.
For biobased products, contracting staff must distinguish between solicitations that merely allow such products and those that require or specify them, and must remember that service and construction contracts often trigger reporting.
For ozone/HFC requirements, buyers should watch product codes, overseas exceptions, and performance scope carefully, because the clauses can apply to both product procurement and service activities such as maintenance, repair, and disposal.
Official Regulatory Text
(a) General. Insert the clause at 52.223-23 , Sustainable Products and Services, in solicitations and contracts— (1) Unless— (i) The requiring activity has provided a written justification that it is not practicable to procure sustainable products and services (see 23.104 (a)); (ii) An exception under 23.105 applies; or (iii) An exemption under 23.106 applies; and (2) The scope of the written justification, exception, or exemption covers the entirety of the contract action requirements. (b) EPA-designated items. Except for the acquisition of COTS items— (1) Insert the provision at 52.223-4 , Recovered Material Certification, in solicitations that require the delivery or specify the use of EPA-designated items; and (2) Insert the clause at 52.223-9 , Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $200,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I. (c) Biobased products in USDA-designated product categories. (1) Insert the provision at 52.223-1 , Biobased Product Certification, in solicitations, other than for acquisitions described at 23.105 (d), that— (i) Require the delivery or specify the use of biobased products in USDA-designated product categories; or (ii) Include the clause at 52.223-2 . (2) Insert the clause at 52.223-2 , Reporting of Biobased Products Under Service and Construction Contracts, in service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories at https://www.biopreferred.gov or 7 CFR part 3201 . (d) Products containing ozone-depleting substances and hydrofluorocarbons. Except for contracts for supplies that will be delivered outside the United States and its outlying areas, or contracts for services that will be performed outside the United States and its outlying areas, insert the following clauses: (1) 52.223-11 , Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons, in solicitations and contracts for- (i) Refrigeration equipment (in product or service code (PSC) 4110); (ii) Air conditioning equipment (PSC 4120); (iii) Clean agent fire suppression systems/equipment ( e.g., installed room flooding systems, portable fire extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210); (iv) Bulk refrigerants and fire suppressants (in PSC 6830); (v) Solvents, dusters, freezing compounds, mold release agents, and any other miscellaneous chemical specialty that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 6850); (vi) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 8030); (vii) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and (viii) Any other manufactured end products that may contain or be manufactured with ozone-depleting substances. (2) 52.223-12 , Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners, in solicitations and contracts that include the maintenance, service, repair, or disposal of- (i) Refrigeration equipment, such as refrigerators, chillers, or freezers; or (ii) Air conditioners, including air conditioning systems in motor vehicles. (3) 52.223-20 , Aerosols, in solicitations and contracts— (i) For products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or (ii) That involve maintenance or repair of electronic or mechanical devices. (4) 52.223-21 , Foams, in solicitations and contracts for— (i) Products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such as building foam insulation or appliance foam insulation; or (ii) Construction of buildings or facilities.