52.223-9
Estimate of Percentage of Recovered Material Content for EPA-Designated Items
Contractors must estimate and report the percentage of recovered and postconsumer material content in EPA-designated items used or delivered under federal contracts, and may need to certify compliance with contract requirements.
Overview
FAR 52.223-9 requires contractors to estimate and report the percentage of recovered material content, including postconsumer material, in EPA-designated items delivered or used under a federal contract. This clause supports federal efforts to promote the use of environmentally preferable products by ensuring compliance with the Resource Conservation and Recovery Act (RCRA) and related EPA guidelines.
Key Rules
- Estimate Submission
- Contractors must estimate the percentage of recovered and postconsumer material content in EPA-designated items provided or used during contract performance.
- Reporting Requirement
- The estimate must be submitted to the designated recipient as specified by the Contracting Officer, following agency procedures.
- Alternate I – Certification
- When Alternate I is used, contractors must also provide a certification, signed by a responsible officer or employee, affirming that the recovered material content met contract specifications or requirements.
Responsibilities
- Contracting Officers: Must insert the clause and specify the recipient for the estimate; ensure compliance with agency procedures.
- Contractors: Must estimate and report recovered material content, and, if Alternate I applies, provide a signed certification.
- Agencies: Oversee compliance and maintain records for environmental reporting.
Practical Implications
- This clause ensures federal contracts contribute to sustainability goals by tracking the use of recovered materials.
- Contractors must have systems to track and estimate material content accurately.
- Failure to comply can result in noncompliance with federal environmental mandates and potential contract issues.