Overview
FAR Subpart 52.223 contains provisions and clauses focused on environmental stewardship, hazardous material safety, and sustainable acquisition. It mandates that contractors certify, report, and comply with federal mandates regarding biobased materials, recycled content, ozone-depleting substances, and greenhouse gas disclosure.
Key Rules
- Biobased Product Requirements: Offerors must certify the use of USDA-designated biobased products (52.223-1) and, for service or construction contracts, report the dollar value of these products purchased during the fiscal year via SAM.gov (52.223-2).
- Hazardous Material Identification: Contractors must list all hazardous materials to be delivered and provide Material Safety Data Sheets (MSDS) meeting OSHA and Federal Standard No. 313 requirements prior to award (52.223-3).
- Recovered Materials: For EPA-designated items, contractors must certify that the items meet required recycled-content percentages (52.223-4) and provide an estimate of the total recovered material content upon contract completion (52.223-9).
- Ozone-Depleting Substances & HFCs: The regulations require labeling of products containing ozone-depleting substances and mandate a transition toward lower Global Warming Potential (GWP) alternatives as identified by the EPA’s Significant New Alternatives Policy (SNAP) (52.223-11, 52.223-12, 52.223-20, 52.223-21).
- Radioactive Notice: Contractors must provide written notice to the Contracting Officer within a specified timeframe before delivering items that exceed defined radioactivity thresholds (52.223-7).
- Greenhouse Gas (GHG) Disclosure: Offerors who received more than $7.5 million in prior-year federal awards must represent whether they publicly disclose their GHG inventory and reduction goals (52.223-22).
- Sustainable Sourcing: Clause 52.223-23 consolidates requirements for purchasing statutory "green" products, including ENERGY STAR, WaterSense, and Safer Choice-certified items.
Practical Implications
- Administrative Burden: Contractors face recurring reporting requirements, such as the annual October 31st deadline for reporting biobased product usage in SAM.gov and the post-contract estimation of recovered materials.
- Compliance Risk: Failure to submit required Material Safety Data Sheets (MSDS) prior to award can result in an offeror being determined "nonresponsible" and therefore ineligible for the contract.
- Supply Chain Management: These clauses require contractors to vet their subcontractors and suppliers to ensure they meet specific EPA and USDA environmental designations (e.g., SNAP, BioPreferred) to avoid breaching contract specifications.