23.406 Contract clauses
Source: FAR 23.406 on acquisition.gov
FAR 23.406 requires contracting officers to include specific environmental clauses in contracts involving federal facilities to ensure pollution prevention, EMS compliance, and waste reduction.
Overview
FAR 23.406 mandates the inclusion of specific environmental protection clauses in federal solicitations and contracts, depending on the nature and location of contract performance. The section ensures that contractors are contractually obligated to support federal pollution prevention, environmental management, and waste reduction initiatives when operating on or supporting federal facilities. Contracting officers must insert the appropriate FAR clauses to address pollution prevention, compliance with environmental management systems (EMS), and waste reduction programs, based on the contract's scope and location.
Key Rules
- Pollution Prevention and Right-to-Know Information (52.223-5)
- Required in contracts performed, wholly or partially, at a federal facility.
- Compliance With Environmental Management Systems (52.223-19)
- Required for contracts involving contractor operation of government-owned or -leased facilities or vehicles in the U.S. where an EMS is used and contractor activities impact environmental management. May be used for overseas facilities at agency head discretion.
- Waste Reduction Program (52.223-10)
- Required in contracts for operation of government-owned or -leased facilities and all support service contracts at government-owned or -operated facilities.
Responsibilities
- Contracting Officers: Must include the correct clauses in solicitations and contracts based on the contract type and location.
- Contractors: Must comply with the environmental requirements specified in the inserted clauses.
- Agencies: Ensure oversight and proper clause application, especially for overseas facilities.
Practical Implications
- Ensures environmental compliance is built into contracts from the outset.
- Impacts contractor operations at federal facilities, requiring awareness of pollution prevention, EMS, and waste reduction obligations.
- Common pitfalls include failing to insert required clauses or misunderstanding when each clause applies.
(a)Insert the clause at 52.223-5, Pollution Prevention and Right-to-Know Information, in solicitations and contracts that provide for performance, in whole or in part, on a Federal facility.
(b)Insert the clause at 52.223-19, Compliance With Environmental Management Systems, in solicitations and contracts for contractor operation of Government-owned or -leased facilities or vehicles located in the United States if an agency uses an EMS and contractor activities affect aspects of the agency's environmental management. For facilities located outside the United States, the agency head may determine that use of the clause is in the best interest of the Government.
(c)Insert the clause at 52.223-10, Waste Reduction Program, in solicitations and contracts for contractor operation of Government-owned or -leased facilities and all solicitations and contracts for support services at Government-owned or -operated facilities.