Overview
FAR Subpart 23.4 establishes the policies and procedures ensuring that federal agencies and their contractors comply with environmental "right-to-know" laws, implement Environmental Management Systems (EMS), and pursue waste reduction goals. It specifically targets activities performed on Federal facilities to ensure that contractor operations align with statutory requirements like the Emergency Planning and Community Right-to-Know Act (EPCRA) and Executive Order 14057 regarding federal sustainability.
Key Rules
- Mandatory Toxic Reporting: Federal facilities must comply with the toxic release reporting requirements of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and the Pollution Prevention Act of 1990 (PPA).
- Information Sharing: Contractors performing work on Federal facilities are legally required to provide the agency with all necessary data to allow the agency to meet its environmental reporting obligations.
- EMS Integration: If an agency uses an EMS for facility or vehicle operations, those requirements must be flowed down into the contract to ensure the contractor’s activities do not compromise the agency's environmental goals.
- Waste Reduction Mandate: Any contract for the operation of a Government-owned or -leased facility, or for support services at such facilities, must include requirements for cost-effective waste reduction.
- Clause Usage: Specific FAR clauses (52.223-5, 52.223-10, and 52.223-19) are prescribed based on whether the contractor is performing on-site, operating a facility/vehicle, or providing support services.
Responsibilities
- Contracting Officers (COs):
- Must identify if contract performance occurs on a Federal facility and insert FAR 52.223-5.
- Must insert FAR 52.223-10 for facility operation or support service contracts.
- Must specify exact EMS directives in the contract and ensure contractor compliance matches the level required of the agency itself.
- Must determine if EMS clauses (FAR 52.223-19) should apply to facilities located outside the United States.
- Contractors:
- Must provide toxic chemical release and "right-to-know" information to the agency.
- Must implement and execute EMS roles and responsibilities as defined in the contract.
- Must actively promote and implement cost-effective waste reduction strategies in all covered operations.
- Federal Agencies:
- Responsible for overall compliance with EPCRA and PPA.
- Responsible for determining if an EMS aligns with mission needs and E.O. 14057.
Practical Implications
- Data Burdens for On-Site Contractors: Contractors working on federal installations (e.g., construction, maintenance, or laboratory services) should be prepared for administrative requirements related to tracking and reporting any hazardous materials or toxic chemicals used during performance.
- Operational Constraints: For facility management contracts, "waste reduction" is not merely a suggestion; it is a contractual obligation. This may affect how contractors manage supply chains, packaging, and disposal processes to remain compliant.
- Uniformity of Standards: FAR 23.404(b)(2) explicitly states that contractors must comply with EMS requirements to the "same extent" as the agency. This eliminates any "double standard" and means contractors must be fully integrated into the host agency's environmental culture and reporting hierarchy.
- Trigger for Clause 52.223-5: This is a high-frequency clause. Because it applies to any contract providing for performance "in whole or in part" on a Federal facility, almost any on-site service provider will encounter these pollution prevention requirements.