FAR 52.223-12—Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.
Plain-English Summary
FAR 52.223-12 is the contract clause that implements federal requirements for the maintenance, service, repair, and disposal of refrigeration equipment and air conditioners when those activities may involve refrigerants. It covers the definitions of global warming potential, high global warming potential hydrofluorocarbons, and hydrofluorocarbons; the contractor’s duty to comply with Clean Air Act Sections 608 and 609; and the contractor’s obligation, unless the contract says otherwise, to reduce the use, release, or emissions of high-GWP hydrofluorocarbons during performance. The clause also directs contractors to transition to EPA SNAP-identified lower-GWP alternatives where available, prevent and repair leaks, implement recovery/recycling/responsible disposal practices, and use reclaimed hydrofluorocarbons when feasible. In practice, this clause is both an environmental compliance requirement and an operational requirement for contractors who service HVAC/R systems, because it affects refrigerant selection, maintenance procedures, leak management, end-of-life disposal, and documentation. It matters to contracting officers because it must be included when prescribed by FAR 23.109(d)(2), and it matters to contractors because noncompliance can create environmental, contractual, and potentially statutory liability.
Key Rules
Use the clause when prescribed
The clause is inserted when required by FAR 23.109(d)(2). Contracting officers must include it in the solicitation and contract when the acquisition involves covered refrigeration or air-conditioning maintenance, service, repair, or disposal activities.
Follow Clean Air Act rules
The contractor must comply with the applicable requirements of Clean Air Act Sections 608 and 609 as they apply to the contract. This means federal contract performance must align with EPA refrigerant handling, servicing, recovery, and technician-related requirements.
Know the key definitions
The clause defines global warming potential, hydrofluorocarbons, and high global warming potential hydrofluorocarbons. These definitions matter because the reduction obligations apply specifically to high-GWP HFCs where EPA’s SNAP program has identified lower-GWP acceptable alternatives.
Reduce high-GWP refrigerant use
Unless the contract says otherwise, the contractor must reduce the use, release, or emissions of high-GWP HFCs during performance. The clause sets out four methods: transition to acceptable alternatives, prevent and repair leaks, recover/recycle/dispose responsibly, and use reclaimed HFCs when feasible.
Consult EPA SNAP alternatives
The contractor must refer to EPA’s Significant New Alternatives Policy (SNAP) program to identify acceptable alternatives. The clause points to 40 CFR part 82 subpart G and EPA’s supplemental tables as the authoritative sources for alternatives.
Apply requirements during performance
The obligations are performance-based and apply throughout the life of the contract, including servicing, maintenance, repair, and end-of-life disposal. Contractors must manage refrigerants in a way that avoids unnecessary emissions and supports environmentally preferable substitution over time.
Responsibilities
Contracting Officer
Determine whether FAR 52.223-12 is required under FAR 23.109(d)(2) and include it in the solicitation and contract when applicable. Ensure the contract language is not inconsistent with the clause and, if needed, specify any contract-specific exceptions or directions affecting the contractor’s reduction obligations.
Contractor
Comply with Clean Air Act Sections 608 and 609 as applicable; identify and use EPA SNAP-listed acceptable alternatives where available; reduce use, release, and emissions of high-GWP HFCs; prevent and repair leaks; recover, recycle, and dispose of refrigerants responsibly; and use reclaimed HFCs when feasible.
Subcontractors/Service Technicians
Follow the same refrigerant handling, leak prevention, recovery, recycling, and disposal requirements when performing covered work under the contract. Their actions must support the prime contractor’s compliance with the clause and applicable EPA/Clean Air Act requirements.
Agency/Program Office
Specify operational needs that may affect refrigerant choices or equipment requirements and coordinate with the contracting officer if mission needs justify any contract-specific direction. Support compliance by ensuring requirements are consistent with environmental and procurement policy.
EPA (Regulatory Source)
Maintain the SNAP program and the regulatory lists of acceptable alternatives in 40 CFR part 82 subpart G and related tables. Provide the authoritative reference contractors use to identify lower-GWP alternatives.
Practical Implications
Contractors performing HVAC/R work need procedures for refrigerant recovery, leak checks, recycling, and disposal; this is not just a paperwork clause. If the company lacks trained technicians or proper equipment, compliance problems can arise quickly.
The biggest operational issue is refrigerant substitution: contractors should verify whether a lower-GWP SNAP-acceptable alternative exists before continuing to use a high-GWP HFC. Failing to check SNAP can lead to using an outdated or nonpreferred refrigerant.
Leak prevention and repair are central. Routine maintenance should include inspection, prompt repair, and documentation of leaks, because the clause expects active reduction of emissions rather than passive compliance.
End-of-life handling matters as much as servicing. Equipment disposal must avoid venting refrigerants, and contractors should have a clear chain for recovery, recycling, reclamation, and lawful disposal.
A common pitfall is assuming the contract clause alone is the full compliance standard. In reality, the contractor must also follow the underlying Clean Air Act and EPA regulations, which may impose additional technician certification, recovery, and recordkeeping obligations.
Official Regulatory Text
As prescribed in 23.109 (d)(2) , insert the following clause: Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (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. (b) The Contractor shall comply with the applicable requirements of Sections608 and 609 of the Clean Air Act ( 42 U.S.C. 7671g and 7671 h) as each or both apply to this contract. (c) Unless otherwise specified in the contract, the Contractor shall reduce the use, release, or emissions of high global warming potential hydrofluorocarbons under this contract by– (1) Transitioning over time to the use of another acceptable alternative in lieu of high global warming potential hydrofluorocarbons in a particular end use for which EPA’s SNAP program has identified other acceptable alternatives that have lower global warming potential; (2) Preventing and repairing refrigerant leaks through service and maintenance during contract performance; (3) Implementing recovery, recycling, and responsible disposal programs that avoid release or emissions during equipment service and as the equipment reaches the end of its useful life; and (4) Using reclaimed hydrofluorocarbons to service and repair refrigeration and air conditioning equipment, where feasible. (d) 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)