FAR 23.406—Contract clauses.
Plain-English Summary
FAR 23.406 tells contracting officers when to include specific environmental clauses in solicitations and contracts. It covers three clause-application rules: the Pollution Prevention and Right-to-Know Information clause at 52.223-5 for work performed in whole or in part on a Federal facility; the Compliance With Environmental Management Systems clause at 52.223-19 for contractor operation of Government-owned or -leased facilities or vehicles in the United States when the agency uses an environmental management system and the contractor’s work affects environmental aspects, with a special overseas determination option; and the Waste Reduction Program clause at 52.223-10 for contractor operation of Government-owned or -leased facilities and for all support services at Government-owned or -operated facilities. In practice, this section is a clause-selection rule, not a performance standard by itself: it tells the acquisition team which environmental obligations must be flowed into the contract based on where and how the work will be performed. The section matters because missing one of these clauses can leave the Government without the contractual tools it expects for pollution prevention, EMS compliance, or waste reduction oversight. Contractors should use it to identify environmental compliance obligations early, especially when work is performed on Federal property, at Government facilities, or in support of Government operations.
Key Rules
Federal facility work triggers 52.223-5
Insert the Pollution Prevention and Right-to-Know Information clause in solicitations and contracts that require performance, in whole or in part, on a Federal facility. The trigger is the location and nature of performance, so even partial on-site work can require the clause.
EMS clause for covered operations
Insert 52.223-19 when the contract is for contractor operation of Government-owned or -leased facilities or vehicles located in the United States, the agency uses an environmental management system, and the contractor’s activities affect aspects of that EMS. This clause is tied to operational control and environmental impact, not just the type of facility.
Overseas EMS discretion
For facilities located outside the United States, the agency head may determine that use of 52.223-19 is in the Government’s best interest. This gives agencies discretion overseas rather than a mandatory domestic rule.
Waste reduction clause for Government operations
Insert 52.223-10 in solicitations and contracts for contractor operation of Government-owned or -leased facilities and in all solicitations and contracts for support services at Government-owned or -operated facilities. The rule is broader for support services, which are covered whenever they support Government-owned or -operated facilities.
Clause insertion is mandatory when triggered
These are not optional best practices; when the stated conditions are met, the contracting officer must include the specified clause in the solicitation and contract. Proper clause insertion is part of compliant acquisition planning and contract formation.
Responsibilities
Contracting Officer
Identify whether the acquisition involves performance on a Federal facility, contractor operation of Government-owned or -leased facilities or vehicles, or support services at Government-owned or -operated facilities. Insert the correct clause(s) at 52.223-5, 52.223-19, or 52.223-10 when the regulatory conditions are met, and ensure any overseas use of 52.223-19 is supported by the agency head’s best-interest determination.
Agency
Determine whether the agency uses an environmental management system and whether contractor activities affect aspects of that EMS for covered domestic operations. For facilities outside the United States, decide whether inclusion of 52.223-19 is in the Government’s best interest when appropriate, and ensure acquisition personnel understand when each clause applies.
Contractor
Review the solicitation for required environmental clauses and plan performance accordingly. Where the clauses are included, comply with the resulting pollution prevention, EMS-related, or waste reduction obligations during performance, especially when working on Federal facilities or operating Government facilities or vehicles.
Program/Requirements Personnel
Identify whether the work will occur on a Federal facility, involve Government-owned or -leased facilities or vehicles, or constitute support services at Government-owned or -operated facilities. Provide accurate acquisition planning information so the contracting officer can select the correct clause set.
Practical Implications
This section is mainly a clause-screening tool: the first question is where the work will happen and what kind of Government property or operation is involved. Getting that answer wrong can lead to missing mandatory environmental terms.
Contractors performing even part of the work on a Federal facility should expect 52.223-5 to be in the contract and should assess any related pollution prevention or right-to-know obligations early.
For EMS coverage, the key pitfalls are assuming every Government facility contract needs 52.223-19 or overlooking the agency’s EMS status and whether contractor activities actually affect EMS aspects.
Support services at Government-owned or -operated facilities are broadly covered by 52.223-10, so teams should not limit their review only to “operations” contracts; many service contracts can trigger this clause.
Overseas contracts require special attention because 52.223-19 is discretionary outside the United States, so the file should reflect the agency head’s best-interest determination when the clause is used.
Official Regulatory Text
(a) Insert the clause at 52.223-5 , Pollution Prevention and Right-to-Know Information, in solicitations and contracts that provide for performance, in whole or in part, on a Federal facility. (b) Insert the clause at 52.223-19 , Compliance With Environmental Management Systems, in solicitations and contracts for contractor operation of Government-owned or -leased facilities or vehicles located in the United States if an agency uses an EMS and contractor activities affect aspects of the agency's environmental management. For facilities located outside the United States, the agency head may determine that use of the clause is in the best interest of the Government. (c) Insert the clause at 52.223-10 , Waste Reduction Program, in solicitations and contracts for contractor operation of Government-owned or -leased facilities and all solicitations and contracts for support services at Government-owned or -operated facilities.