FAR 52.223-9—Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
Plain-English Summary
FAR 52.223-9 implements the federal preference for recovered materials in EPA-designated items and gives the Government a way to measure compliance after contract performance. This clause covers the definitions of "postconsumer material" and "recovered material," the contractor’s duty at contract completion to estimate the percentage of recovered material content in EPA-designated items delivered or used in performance, and the requirement to submit that estimate to the Contracting Officer or other designated recipient. It also includes an optional Alternate I that replaces the reporting requirement with a formal certification under the Resource Conservation and Recovery Act (RCRA), in which an authorized company official certifies that the recovered material content met the applicable contract specifications or other contractual requirements. In practice, the clause is about documenting environmental compliance for designated products such as paper, plastic, construction materials, and other EPA-designated items, and it helps agencies track whether procurement preferences for recycled-content products are actually being achieved. For contractors, the clause creates a post-performance reporting or certification obligation that depends on the contract’s structure and the agency’s procedures. For contracting officers, it provides a compliance tool and a record for agency reporting and oversight.
Key Rules
Use the defined terms
The clause defines "postconsumer material" and "recovered material" for compliance purposes. Postconsumer material is a subset of recovered material, and recovered material excludes materials reused within the original manufacturing process.
Estimate content at completion
At the end of the contract, the contractor must estimate the percentage of total recovered material content for EPA-designated items delivered and/or used in performance. If applicable, the estimate must also identify the percentage of postconsumer material content.
Submit to the designated recipient
The contractor must submit the estimate to the Contracting Officer or another recipient identified by agency procedures. The clause leaves a blank for the agency to complete, so the reporting destination is contract-specific.
Alternate I requires certification
When Alternate I is used, the contractor must provide a signed certification by an officer or employee responsible for contract performance stating that the recovered material content met the applicable contract specifications or other contractual requirements.
Certification must be executed by an authorized person
The Alternate I certification must be signed by an officer or employee responsible for performance, with the certifier’s name, title, company, and date included. This makes the statement an official contractual certification, not just an informal report.
Applies to EPA-designated items
The clause is tied to EPA-designated items, meaning it applies only to products or materials covered by the federal recovered-materials preference program. Contractors should identify which delivered or used items fall within that category before preparing the estimate or certification.
Responsibilities
Contractor
At contract completion, estimate the percentage of recovered material content for EPA-designated items delivered and/or used in performance, including postconsumer content if applicable, and submit the estimate to the required recipient. If Alternate I applies, execute the required certification through an authorized officer or employee and ensure the statement is accurate and supported by contract records.
Contracting Officer
Insert the clause when prescribed, identify the recipient for the contractor’s submission in accordance with agency procedures, and use the estimate or certification to document compliance with recovered-material requirements. The Contracting Officer may also rely on the submission for contract administration and environmental reporting.
Agency
Establish procedures for where the contractor’s estimate or certification must be submitted and ensure the clause is used in the appropriate procurements. The agency also uses the information to support procurement preference tracking and compliance oversight.
Certifying Officer or Employee
When Alternate I is used, sign the certification only if responsible for performance and able to attest that the recovered material content met the applicable specifications or contractual requirements. The certifier must provide the required identifying information and date.
Practical Implications
This clause is usually a closeout or end-of-performance requirement, so contractors should track recovered-content information during performance rather than trying to reconstruct it later.
The biggest pitfall is confusing a simple estimate with a formal certification; if Alternate I applies, the statement is a legal certification and should be reviewed carefully before signature.
Contractors should confirm which items are EPA-designated and whether the contract requires reporting, certification, or both, because the clause is only triggered for covered items and agency-specific procedures matter.
Supporting documentation from suppliers is important, especially for recycled-content claims, because the contractor may need to justify the estimate or certification if questioned by the Government.
Contracting officers should make sure the submission destination is clearly identified in the contract to avoid missed reporting at completion.
Official Regulatory Text
As prescribed in 23.109 (b)(2) , insert the following clause: Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (a) Definitions . As used in this clause- Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material." "Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor, on completion of this contract, shall- (1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and (2) Submit this estimate to _____________________ [ Contracting Officer complete in accordance with agency procedures ] . (End of clause) Alternate I (May 2008) . As prescribed in 23.109 (b)(2) , redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause: (b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 ( 42 U.S.C. 6962(i)(2)(C) ): Certification I, _______________ (name of certifier) , am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements. __________________________________________________ [ Signature of the Officer or Employee ] __________________________________________________ [ Typed Name of the Officer or Employee ] __________________________________________________ [ Title ] __________________________________________________ [ Name of Company, Firm, or Organization ] __________________________________________________ [ Date ] (End of certification)