FAR 23.400—Scope of subpart.
Plain-English Summary
FAR 23.400 is the scope statement for Subpart 23.4 and tells readers what this subpart is about and why it exists. It covers three related policy areas: obtaining information needed for Government compliance with right-to-know laws and pollution prevention requirements, contractor compliance with environmental management systems, and ensuring waste reduction at Federal facilities. In practice, this means the subpart is not a general environmental policy for all contracting; it is the framework for collecting environmental information, requiring or evaluating contractor adherence to environmental management practices, and supporting waste-reduction efforts at Government sites. The section matters because it signals that environmental compliance is not just an internal agency function—contract actions may need to support reporting, planning, and operational controls tied to environmental laws and sustainability goals. Contracting officers and contractors should read this as a notice that environmental information and practices can be part of contract administration, performance expectations, and facility operations where applicable.
Key Rules
Right-to-know information
The subpart covers policies and procedures for obtaining information the Government needs to comply with right-to-know laws. In practice, agencies may need contractor-provided data about chemicals, materials, emissions, or other environmental information to meet reporting or disclosure obligations.
Pollution prevention support
This subpart also addresses information needed for pollution prevention requirements. That means contracting activities may need to support efforts to reduce pollution through better data collection, reporting, and contract requirements that help the Government identify and manage environmental impacts.
Environmental management systems
The subpart includes contractor compliance with environmental management systems. Contractors may be expected to follow applicable EMS-related requirements when the contract or facility operations call for structured environmental controls, documentation, or performance practices.
Waste reduction at facilities
The subpart is intended to ensure waste reduction at Federal facilities. This means procurement and contract performance can be used to support source reduction, recycling, reuse, and other waste-minimization practices in Government operations.
Responsibilities
Contracting Officer
Identify when contract requirements must support right-to-know compliance, pollution prevention, environmental management systems, or waste reduction. Include appropriate clauses, data requirements, and performance expectations when these environmental objectives apply.
Agency
Use procurement and facility management practices to obtain the environmental information needed for legal compliance and to implement pollution prevention and waste-reduction goals across Federal facilities.
Contractor
Provide required environmental information, comply with any applicable environmental management system requirements, and perform work in a way that supports waste reduction and pollution prevention when those obligations are included in the contract.
Federal Facility Managers
Coordinate operational practices and contractor activities so that facility-level waste reduction and environmental compliance objectives are met.
Practical Implications
This section is a scope provision, so it does not itself impose detailed procedures; it tells you where to look for the operative requirements in the rest of the subpart.
Contractors should expect environmental data requests to be tied to compliance needs, not just administrative preference, and should be prepared to track materials and waste-related information accurately.
A common pitfall is assuming environmental management system language is optional or purely aspirational; if incorporated into the contract, it can become a performance obligation.
Contracting officers should make sure environmental requirements are clearly connected to the acquisition and facility need, so contractors know what information or practices are required.
Waste-reduction goals can affect day-to-day operations, packaging, disposal, and material selection, so both acquisition planning and contract administration should account for them early.
Official Regulatory Text
This subpart prescribes policies and procedures for— (a) Obtaining information needed for Government compliance with right-to-know laws and pollution prevention requirements; (b) Contractor compliance with environmental management systems; and (c) Ensuring waste reduction at Federal facilities.