FAR 52.223-4—Recovered Material Certification.
Plain-English Summary
FAR 52.223-4, Recovered Material Certification, is a solicitation provision used when the government wants an offeror to certify compliance with recovered-materials requirements for EPA-designated items. It implements the Resource Conservation and Recovery Act requirement that federal agencies procure items with recovered material content when applicable, and it ties the offeror’s certification directly to the percentage of recovered materials content required by the contract specifications or other contractual requirements. In practice, this provision is a simple but important environmental compliance statement: by signing the offer, the offeror is promising that the products it will deliver, or use in performing the contract, will meet the required recovered-materials content level. The provision applies specifically to EPA-designated items, so it is not a general recycling statement; it is a procurement-specific commitment tied to designated products and the contract’s stated requirements. For contracting officers, it is a way to obtain an enforceable pre-award certification; for contractors, it creates a binding representation that must be supported by sourcing, product data, and internal compliance controls. The provision matters because failure to meet the certified content can create contract performance issues, potential noncompliance findings, and reputational risk in environmentally sensitive procurements.
Key Rules
Certification by signing offer
The offeror certifies compliance simply by signing the offer. No separate post-award certification is described in this provision; the commitment is made at the time of offer submission.
Applies to EPA-designated items
The certification covers only EPA-designated items that are to be delivered or used in contract performance. It does not apply to all supplies or services generally.
Recovered content must meet required percentage
The offeror must ensure the percentage of recovered materials content is at least the amount required by the applicable contract specifications or other contractual requirements. The contract, not the offeror’s preference, sets the minimum.
RCRA-based requirement
This provision implements the Resource Conservation and Recovery Act requirement for federal procurement of recovered-materials products. Its purpose is to support federal recycling and waste-reduction policy through purchasing decisions.
Contract specifications control
If the contract specifications or other contractual requirements establish a recovered-materials content level, the offeror’s certification must match or exceed that level. The provision does not create a standalone percentage; it relies on the solicitation and contract terms.
Responsibilities
Offeror
Review the solicitation and identify any EPA-designated items to be delivered or used in performance. Certify, by signing the offer, that those items will meet at least the required recovered-materials content percentage and ensure internal sourcing and product documentation support that certification.
Contracting Officer
Insert the provision when prescribed by FAR 23.109(b)(1), ensure the solicitation identifies the applicable recovered-materials requirements, and evaluate offers with awareness that the offeror’s signature constitutes the certification.
Contractor
After award, deliver or use items that conform to the certified recovered-materials content requirements and maintain compliance throughout performance. Coordinate with suppliers and maintain records sufficient to show the required content was met if questioned.
Agency
Establish and communicate the applicable recovered-materials content requirements for EPA-designated items through specifications or other contractual requirements, and use the procurement to advance statutory recovered-materials purchasing goals.
Practical Implications
This provision is usually straightforward, but it can create real compliance risk if the contractor does not verify product composition before signing the offer. A signature is a certification, not a placeholder.
The biggest pitfall is assuming a product is compliant because it is “recycled” or “green.” The requirement is specific: the recovered materials content must meet the contract’s required percentage for the designated item.
Contractors should confirm supplier documentation, product data sheets, and any third-party certifications before bidding, especially where multiple product variants exist with different recycled-content levels.
Contracting officers should make sure the solicitation clearly states which EPA-designated items are covered and what percentage or standard applies, so the certification is meaningful and enforceable.
If performance changes after award, substitutions or alternate products may no longer satisfy the certified requirement, so contractors should treat product substitutions as a compliance issue requiring review before use.
Official Regulatory Text
As prescribed in 23.109 (b)(1) , insert the following provision: Recovered Material Certification (May 2008) As required by the Resource Conservation and Recovery Act of 1976 ( 42 U.S.C. 6962(c)(3)(A)(i) ), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements. (End of provision)