52.223-4 Recovered Material Certification
Source: FAR 52.223-4 on acquisition.gov
Offerors must certify that EPA-designated items provided under the contract meet the required recovered material content, supporting federal sustainability goals.
Overview
FAR 52.223-4, Recovered Material Certification, requires offerors to certify that any EPA-designated items delivered or used under the contract will contain at least the minimum percentage of recovered materials specified in the contract or required by law. This provision implements requirements from the Resource Conservation and Recovery Act (RCRA) and supports federal efforts to promote the use of recycled materials in government procurement. By signing the offer, the contractor is making a binding certification regarding compliance with recovered material content standards for applicable products.
Key Rules
- Recovered Material Certification Requirement
- Offerors must certify that EPA-designated items will meet or exceed the required recovered material content as specified in the contract or by law.
- Applicability to EPA-Designated Items
- The certification applies only to items designated by the Environmental Protection Agency (EPA) for recovered material content.
Responsibilities
- Contracting Officers: Must include this provision in solicitations as prescribed and ensure compliance during contract administration.
- Contractors: Must accurately certify compliance with recovered material content requirements when submitting offers and ensure delivery of compliant products.
- Agencies: Oversee and enforce compliance with recovered material content standards in procurement actions.
Practical Implications
- This provision ensures federal contracts support environmental sustainability by requiring the use of recycled materials where specified.
- Contractors must be diligent in sourcing and documenting recovered material content for applicable items to avoid misrepresentation or non-compliance.
- Failure to comply or false certification can result in contractual remedies or legal consequences.
As prescribed in 23.109(b)(1), insert the following provision:
Recovered Material Certification (May 2008)
As required by the Resource Conservation and Recovery Act of 1976 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962(c)(3)(A)(i)&num=0&edition=prelim" target="_blank">42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
(End of provision)