FAR 52.223—[Reserved]

Biobased Product Certification.

FAR 52.223-1 is a solicitation provision used to obtain the offeror’s certification that any biobased products it will use or deliver under the contract will meet the contract’s applicable specifications or other requirements. It implements federal biobased purchasing policy tied to the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005, and it points contractors to USDA-designated product categories in 7 CFR part 3201, subpart B. In practice, the provision is about ensuring that when a contract calls for biobased products, the contractor is committing up front that those products will conform to the stated technical, performance, and quality requirements. It also clarifies an important limitation: the certification applies to biobased products used or delivered in performance of the contract, except for biobased products that the offeror does not purchase as a direct result of the contract. For contracting officers, this provision supports compliance with federal biobased procurement requirements and helps document the offeror’s commitment at the offer stage. For contractors, it creates a binding representation that must be matched by actual sourcing, product selection, and performance during contract execution.

Reporting of Biobased Products Under Service and Construction Contracts.

FAR 52.223-2 requires contractors performing service and construction contracts to report their purchases of biobased products in USDA-designated product categories. The clause defines the key terms "biobased product" and "USDA-designated product category," tying the reporting obligation to USDA’s procurement guidelines and purchasing recommendations under the BioPreferred program. It requires the contractor to report the product types and dollar value of covered biobased products purchased during the prior Government fiscal year (October 1 through September 30) through SAM.gov, with a copy to the Contracting Officer. The report is due annually by October 31 during contract performance and again at contract completion. In practice, the clause is a data-collection and market-tracking requirement that helps the Government measure biobased purchasing and support federal sustainability and preference goals. Contractors need to identify covered purchases accurately, while contracting officers need to ensure the clause is included when prescribed and that reporting is received on time.

Hazardous Material Identification and Material Safety Data.

FAR 52.223-3, Hazardous Material Identification and Material Safety Data, requires contractors to identify any hazardous material to be delivered under the contract, provide proper identification information such as a National Stock Number or Special Item Number, and submit Material Safety Data Sheets (MSDSs) that meet OSHA’s hazard communication requirements and Federal Standard No. 313. The clause also requires the contractor to keep the hazardous-material list current during performance, to resubmit updated data if the item’s composition changes or if Federal Standard No. 313 is revised, and to understand that failure to provide required MSDSs before award can make the offeror nonresponsible and ineligible for award. It preserves contractor responsibility for safety and compliance with all applicable federal, state, and local laws, permits, and licenses, and it gives the Government broad rights to use, duplicate, and disclose hazardous-material data for safety, medical, and related purposes. The Alternate I version adds shipment-level delivery requirements for MSDSs, including inclusion with packing lists or shipping documents, advance transmission if authorized, and special handling for shipments to depots, distribution centers, or customer supply centers. In practice, this clause is about ensuring the Government has timely, accurate hazard information so personnel can safely handle, transport, store, use, and dispose of hazardous materials and respond appropriately if exposure occurs.

Recovered Material Certification.

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.

Pollution Prevention and Right-to-Know Information.

FAR 52.223-5 implements the federal facility reporting obligations under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and the Pollution Prevention Act of 1990 (PPA). This clause defines the term "toxic chemical" by reference to 40 CFR 372.65, then explains that federal facilities must comply with EPCRA and PPA reporting requirements. In practice, the clause requires the contractor to furnish information the federal facility needs to meet emergency planning and release reporting duties, including Section 302 emergency planning notifications, Section 304 emergency release notices, Section 311 material safety data sheet lists, Section 312 emergency and hazardous chemical inventory forms, and Section 313 toxic chemical release inventory reporting. It also captures the PPA requirement to report source reduction and recycling information associated with Section 313. The clause matters because contractors operating at or supplying chemicals to federal facilities can directly affect the facility’s legal compliance, environmental reporting accuracy, emergency preparedness, and public disclosure obligations. Failure to provide complete and timely information can expose the facility and the contractor to compliance risk, reporting errors, and operational delays.

[Reserved]

Notice of Radioactive Materials.

FAR 52.223-7, Notice of Radioactive Materials, sets the advance-notice, waiver, marking, and flowdown requirements for contract items, parts, subassemblies, and servicing that involve radioactive materials. It applies when the contractor will deliver items containing radioactive material that requires specific licensing under the Atomic Energy Act regulations, or other radioactive material above the clause’s activity thresholds. The clause exists so the Government can obtain any required licenses, notify the right personnel, and put safety and health precautions in place before the item is delivered or servicing is completed. It also requires the contractor to identify the radioactive content in writing, allows a waiver of repeat notice when the material has not changed from prior deliveries, and requires clear marking and labeling under MIL-STD-129. Finally, it requires the clause to be flowed down to covered subcontracts, which means prime contractors must manage radioactive-material compliance throughout the supply chain.

[Reserved]

Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

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.

Waste Reduction Program.

FAR 52.223-10, Waste Reduction Program, requires the contractor to establish and maintain a cost-effective waste reduction program for the operations and facilities covered by the contract. The clause defines three core terms—recycling, waste prevention, and waste reduction—so contractors understand the scope of the required program and the types of activities that count toward compliance. It ties the contractor’s obligations to broader federal sustainability policy, specifically section 207 of Executive Order 14057, and requires consistency with all applicable Federal, State, and local requirements. The clause also specifically points contractors to Section 6002 of the Resource Conservation and Recovery Act (RCRA) and its implementing regulations at 40 CFR Part 247, which govern federal procurement of recovered materials and environmentally preferable products. In practice, this clause means contractors must do more than simply dispose of waste properly; they must actively manage materials, purchasing, and operations to reduce waste generation and support recycling and recycled-content purchasing where applicable. The clause is especially important for contractors operating facilities or performing work that generates significant material use, packaging, or solid waste, because compliance may affect purchasing decisions, operational procedures, and environmental reporting or internal controls.

Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

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.

Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

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.

[Reserved]

[Reserved]

[Reserved]

[Reserved]

[Reserved]

[Reserved]

Compliance with Environmental Management Systems.

FAR 52.223-19, Compliance with Environmental Management Systems, is a contract clause used when the acquisition involves work that must operate within an agency or facility Environmental Management System (EMS). The clause addresses two core topics: first, the contractor’s duty to follow all applicable operational controls in the relevant EMS; and second, the contractor’s duty to provide monitoring and measurement information so the Government can evaluate environmental performance against EMS goals. In practice, this means the contractor must understand and comply with site-specific environmental procedures, restrictions, and reporting expectations that may apply at a government facility or under an agency program. The clause is important because it ties contract performance to the Government’s environmental management objectives, helping agencies control environmental impacts, maintain compliance, and measure performance consistently. For contractors, it creates an affirmative performance obligation that may affect how work is planned, executed, documented, and reported, especially where operations involve waste handling, emissions, spill prevention, energy use, or other environmentally significant activities.

Aerosols.

FAR 52.223-20, Aerosols, is a green procurement clause that limits the use of high global warming potential hydrofluorocarbons (HFCs) in aerosol propellants or solvents when the contract does not say otherwise. The clause defines the key terms needed to apply the requirement, including global warming potential, high global warming potential hydrofluorocarbons, and hydrofluorocarbons, and it points contractors to EPA’s Significant New Alternatives Policy (SNAP) program for acceptable substitutes. In practice, the clause requires the contractor to reduce the use, release, or emissions of these HFCs when feasible, and to evaluate feasibility using environmental, technical, and economic factors such as emissions, energy efficiency, safety, performance, and cost. It matters because it pushes contractors toward lower-impact aerosol formulations while preserving mission needs and product performance. The clause also creates a practical compliance expectation: contractors should actively check EPA SNAP alternatives rather than defaulting to legacy propellants or solvents. For contracting officers, it is a tool to implement federal environmental policy in acquisitions involving aerosol products or aerosol-related services.

Foams.

FAR 52.223-21, Foams, is an environmental compliance clause that addresses the use of foam blowing agents containing hydrofluorocarbons (HFCs), especially high global warming potential HFCs and refrigerant blends containing HFCs. It defines key terms such as global warming potential, high global warming potential hydrofluorocarbons, and hydrofluorocarbons, and it ties compliance to EPA’s Significant New Alternatives Policy (SNAP) program at 40 CFR part 82, subpart G, including EPA’s supplemental alternatives tables. In practice, the clause requires contractors to reduce the use, release, and emissions of these substances in foam blowing applications when feasible, unless the contract says otherwise. The feasibility analysis must consider environmental, technical, and economic factors, including in-use emission rates, energy efficiency, safety, performance requirements, and commercial availability at a reasonable cost. The clause matters because it pushes federal procurement toward lower-emission foam technologies and gives contractors a clear reference point for identifying acceptable substitutes. It is primarily a performance-and-compliance requirement: contractors must actively evaluate alternatives and use lower-global-warming-potential options where practical.

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

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.

Sustainable Products and Services.

FAR 52.223-23, Sustainable Products and Services, tells contractors and contracting officers which environmentally preferable products and services must be bought under a contract and how to identify them. It defines key terms such as biobased product, recovered material, and sustainable products and services, then ties those terms to specific federal purchasing programs: EPA Comprehensive Procurement Guidelines for recovered materials, ENERGY STAR and FEMP for energy- and water-efficient products, USDA BioPreferred biobased products, EPA SNAP acceptable chemicals and processes, WaterSense products and services, Safer Choice products, and EPA Recommendations of Specifications, Standards, and Ecolabels. The clause also requires the contract itself to identify which sustainable products and services apply and which do not, and it specifies when those products must meet program requirements—generally at the time of quote or offer submission. In practice, this clause is a contract-specific compliance tool: it does not create a one-size-fits-all mandate for every item, but instead directs the parties to the applicable sustainability programs for the particular supplies or services being acquired. It matters because failure to identify the right products, use the right labels or standards, or apply the clause to the right cost category can lead to noncompliant deliveries, rejected products, or contract administration problems. The clause also points contractors to the Green Procurement Compilation as the main research resource for determining which sustainability programs apply.