FAR 52.223-11—Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.
Plain-English Summary
FAR 52.223-11 addresses the use, identification, and substitution of ozone-depleting substances (ODS) and high global warming potential hydrofluorocarbons (HFCs) in contract performance. It defines the key environmental terms used in the clause, including global warming potential, hydrofluorocarbons, high global warming potential HFCs, and ozone-depleting substances, and ties those definitions to EPA’s SNAP program and EPA regulations at 40 CFR part 82. The clause also requires contractors to label products that contain or are manufactured with ozone-depleting substances, using the specific warning language required by statute and regulation. In addition, it directs contractors to consult EPA’s SNAP list of alternatives to identify acceptable substitutes, especially where lower-global-warming-potential alternatives exist. In practice, this clause is meant to reduce environmental harm, support federal compliance with ozone protection and climate-related requirements, and ensure that products delivered to the Government are properly identified when they contain regulated substances. Contractors need to know both what substances are covered and how to label and source compliant alternatives, while contracting officers need to ensure the clause is included when prescribed and that contractor compliance is understood as part of contract administration.
Key Rules
Key environmental definitions
The clause defines global warming potential, hydrofluorocarbons, high global warming potential hydrofluorocarbons, and ozone-depleting substances. These definitions control which products and chemicals are covered and link the clause to EPA’s regulatory framework.
ODS labeling is required
If a product contains or is manufactured with ozone-depleting substances, the contractor must label it as required by 42 U.S.C. 7671j and 40 CFR part 82, subpart E. The label must include the prescribed warning language and the specific substance name.
Warning statement must be used
The clause provides mandatory warning text stating that the product contains or was manufactured with a substance that harms public health and the environment by destroying ozone in the upper atmosphere. Contractors must insert the correct substance name in the blank.
SNAP alternatives must be consulted
Contractors must refer to EPA’s Significant New Alternatives Policy (SNAP) program to identify acceptable alternatives. The SNAP list and supplemental tables are the primary sources for determining whether lower-global-warming-potential substitutes are available.
EPA regulatory sources control compliance
The clause incorporates EPA regulations at 40 CFR part 82, including subpart E for labeling and subpart G for alternatives. Compliance is not based on contractor judgment alone; it depends on the EPA’s current designations and lists.
Responsibilities
Contracting Officer
Include the clause when prescribed by FAR 23.109(d)(1) and ensure the solicitation and contract alert offerors and contractors to the environmental labeling and substitution requirements that may apply to the supplies being acquired.
Contractor
Identify whether delivered products contain or are manufactured with ozone-depleting substances, apply the required warning label, insert the correct substance name, and consult EPA’s SNAP program to select acceptable alternatives when available.
Subcontractors and Suppliers
Provide accurate information about the composition of products and components, including whether ozone-depleting substances or covered HFCs are present, so the prime contractor can label and source compliant items correctly.
Agency/Program Office
Support acquisition planning by identifying products or end uses that may involve regulated refrigerants or other covered substances and by encouraging procurement of compliant alternatives where feasible.
EPA
Maintain the regulatory definitions, the SNAP list of acceptable alternatives, and the labeling and substance-designation framework that contractors must follow.
Practical Implications
Contractors should verify substance content early, because labeling and substitution decisions often depend on product design details that may not be obvious from a catalog description.
A common pitfall is assuming a product is compliant because it is commercially available; the contractor still must check whether EPA has identified a lower-global-warming-potential alternative for that end use.
Labeling errors are a real compliance risk: the warning must use the required language and the actual substance name, not a generic description.
Because the clause points to EPA’s current SNAP tables, contractors should confirm they are using the latest EPA information rather than outdated internal lists or supplier claims.
For contracting officers, the practical issue is ensuring the clause is included when required and that acquisition teams understand that environmental compliance may affect product selection, delivery labeling, and acceptance.
Official Regulatory Text
As prescribed in 23.109 (d)(1) , insert the following clause: Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (a) Definitions . As used in this clause– Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0. High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G , with supplemental tables of alternatives available at ( https://www.epa.gov/snap/ ). Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon. Ozone-depleting substance , means any substance the Environmental Protection Agency designates in 40 CFR part 82 as– (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. (b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E , as follows: Warning: Contains (or manufactured with, if applicable) * _______ , a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. * The Contractor shall insert the name of the substance(s). (c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G , with supplemental tables available at https://www.epa.gov/snap/ . (End of clause)