52.223-23
Sustainable Products and Services
Contractors must provide only sustainable products and services that meet current federal standards and EPA recommendations as specified in the contract.
Overview
FAR 52.223-23, Sustainable Products and Services, establishes requirements for contractors to provide products and services that meet federal sustainability mandates. The clause defines key terms such as biobased products, recovered materials, and sustainable products and services, and outlines the statutory and EPA purchasing programs that apply. Contractors must ensure that all applicable sustainable products and services are delivered, furnished, or incorporated as specified in the contract, and that these products meet the relevant standards and certifications at the time of offer submission. The clause also directs contractors to use the Green Procurement Compilation (GPC) as a resource for identifying compliant products and services.
Key Rules
- Definitions and Scope
- Clarifies what constitutes biobased products, recovered materials, and sustainable products and services, referencing specific federal programs and statutes.
- Contract Requirements
- Contractors must deliver or use sustainable products and services as specified in the contract, ensuring compliance with applicable federal purchasing programs and EPA recommendations.
- Standards and Timing
- Sustainable products and services must meet the required standards, specifications, or ecolabels in effect at the time of quote or offer submission, particularly those in effect as of October 2023.
- Resource Guidance
- Contractors are encouraged to consult the Green Procurement Compilation for guidance on sustainable acquisition.
Responsibilities
- Contracting Officers: Must specify which sustainable products and services apply to the contract and ensure requirements are clear in the statement of work or contract documents.
- Contractors: Must provide, deliver, or incorporate only those products and services that meet the applicable sustainability requirements and maintain compliance with current EPA and statutory standards.
- Agencies: Oversee contractor compliance and update contract requirements as sustainability standards evolve.
Practical Implications
- This clause ensures federal procurement supports environmental sustainability by mandating the use of certified sustainable products and services.
- Contractors must stay current with evolving EPA and statutory requirements and verify compliance at the time of offer.
- Failure to comply can result in contract nonconformance, making it critical to use resources like the GPC and maintain documentation of compliance.