52.223-23 Sustainable Products and Services
Source: FAR 52.223-23 on acquisition.gov
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.
As prescribed in 23.109(a), insert the following clause:
Sustainable Products and Services (May 2024)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim" target="_blank">7 U.S.C. 8101) (https://www.ecfr.gov/current/title-7/section-3201.2" target="_blank">7 CFR 3201.2).
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim" target="_blank">42 U.S.C. 6903).
Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:
(1) Statutory purchasing programs.
(i) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim" target="_blank">42 U.S.C. 6962) (https://www.ecfr.gov/current/title-40/part-247" target="_blank">40 CFR part 247) ( https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products" target="_blank">https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).
(ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim" target="_blank">42 U.S.C. 8259b) (https://www.ecfr.gov/current/title-10/part-436/subpart-C" target="_blank">10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products" target="_blank">https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega" target="_blank">https://www.energystar.gov/products?s=mega).
(iii) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim" target="_blank">7 U.S.C. 8102) (https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXII/part-3201" target="_blank">7 CFR part 3201) (https://www.biopreferred.gov" target="_blank">https://www.biopreferred.gov).
(iv) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim" target="_blank">42 U.S.C. 7671l) (https://www.ecfr.gov/current/title-40/part-82/subpart-G" target="_blank">40 CFR part 82, subpart G) ( https://www.epa.gov/snap" target="_blank">https://www.epa.gov/snap).
(2) Required EPA purchasing programs.
(i) WaterSense® labeled (water efficient) products and services ( https://www.epa.gov/watersense/watersense-products" target="_blank">https://www.epa.gov/watersense/watersense-products).
(ii) Safer Choice-certified products (products that contain safer chemical ingredients) ( https://www.epa.gov/saferchoice/products" target="_blank">https://www.epa.gov/saferchoice/products).
(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 ( https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing" target="_blank">https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing).
(b) Requirements.
(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.
(2) The Contractor shall ensure that the sustainable products and services required by this contract are—
(i) Delivered to the Government;
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and
(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.
(3)
(i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of quote or offer submission; and
(ii) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.
(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement" target="_blank">https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which purchasing programs apply to a specific product or service.
End of clause