FAR 52.223-22—Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
Plain-English Summary
FAR 52.223-22 is a solicitation provision that requires certain offerors to represent whether they publicly disclose greenhouse gas (GHG) emissions and whether they publicly disclose quantitative GHG emissions reduction goals. It applies only when the offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year; below that threshold, completion is optional. The provision asks the offeror to answer two separate yes/no questions: whether it, its immediate owner, or its highest-level owner publicly posts the results of a GHG inventory, and whether it publicly posts a quantitative emissions reduction target. It also defines what counts as a publicly accessible website, including the offeror’s own website or a recognized third-party GHG reporting program. If the offeror answers “does” to either question, it must identify the website(s) where the information is reported. In practice, this provision is used to collect standardized sustainability information at the offer stage, so contracting officers can evaluate compliance with solicitation requirements and contractors can avoid misrepresentation by confirming the status of their corporate disclosures before submitting an offer.
Key Rules
Applies Above Threshold
The representation is required only if the offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. If the offeror received less than that amount, completion is optional rather than mandatory.
Two Separate Representations
The offeror must separately state whether it publicly discloses GHG emissions and whether it publicly discloses a quantitative GHG emissions reduction goal. Each item is a distinct representation and must be answered independently.
Covers Owner-Level Disclosures
The disclosure status may be based on the offeror itself or through its immediate owner or highest-level owner. This means the contracting party can rely on qualifying disclosures made at the parent or ultimate parent level, not just disclosures made by the offeror entity alone.
Public Website Standard
A qualifying disclosure must be available on a publicly accessible website. The provision specifically includes the offeror’s own website and recognized third-party GHG emissions reporting programs as acceptable public locations.
Inventory Must Use Recognized Criteria
For emissions disclosure, the inventory must be performed in accordance with an accounting standard that uses publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. Informal or nonstandard emissions statements do not satisfy the representation.
Reduction Goal Must Be Quantitative
The emissions reduction goal must be quantitative, meaning it must specify a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. General sustainability statements or aspirational commitments are not enough.
Website Citation Required If 'Does'
If the offeror checks 'does' for either emissions disclosure or reduction goals, it must provide the website address where the relevant information is reported. This creates a traceable public record supporting the representation.
Responsibilities
Offeror
Determine whether the $7.5 million threshold applies based on prior fiscal year Federal contract awards, then complete the representation accurately. The offeror must assess disclosures made by itself, its immediate owner, or its highest-level owner, and provide the public website(s) if it answers 'does' to either question.
Contracting Officer
Include the provision when prescribed by FAR 23.502 and ensure the solicitation requires the offeror to complete the representation as applicable. The contracting officer should review the completed representation for completeness and consistency with the solicitation record.
Immediate Owner or Highest-Level Owner
If the offeror relies on parent-level disclosures, the owner must have publicly accessible GHG emissions reporting or reduction-goal information that satisfies the provision’s standards. The owner’s disclosures effectively become the basis for the offeror’s representation.
Agency
Use the representation to collect standardized information about contractor GHG disclosure practices and support procurement policy objectives related to sustainability and transparency. The agency must ensure the provision is used only where prescribed.
Practical Implications
Offerors should verify the prior-year Federal contract award total before deciding whether the representation is mandatory or optional; misjudging the threshold can lead to an incomplete or inaccurate offer.
Contractors should not assume that any sustainability webpage qualifies. The emissions inventory must be based on a recognized accounting standard, and the reduction goal must be specific and quantitative.
Parent-company disclosures can satisfy the provision, but only if the immediate owner or highest-level owner actually makes the information publicly available on a qualifying website or reporting program.
If the offeror checks 'does,' it should be ready to provide the exact URL(s). Missing or vague website references can create evaluation delays or questions from the contracting officer.
This provision is about representation, not a standalone performance requirement. The main risk is inaccurate certification or failure to document the public disclosure basis, especially in complex corporate structures.
Official Regulatory Text
As prescribed in 23.502 , insert the following provision: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) (a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e. , make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (2) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e. , make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (3) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program. (c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: ________________ . (End of provision)