52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items
Source: FAR 52.223-9 on acquisition.gov
If FAR 52.223-9 applies, contractors must be ready at contract completion to document and submit the recovered-material percentage for EPA-designated items—and, when required, certify that those items met contract recycled-content requirements.
Overview
- FAR 52.223-9 requires contractors, at contract completion, to estimate the percentage of recovered material content in EPA-designated items delivered under the contract or used during performance.
- Its purpose is to support Federal recycled-content purchasing requirements by documenting whether covered items contain recovered materials, including postconsumer material when applicable.
Key Rules
- Definitions
- The clause defines postconsumer material as material or a finished product that has completed its intended consumer use and has been discarded for disposal or recovery. It also defines recovered material as waste materials and by-products recovered or diverted from solid waste, excluding materials routinely reused within the original manufacturing process.
- Contractor Estimate Requirement
- Upon completion of the contract, the contractor must estimate the percentage of total recovered material content for EPA-designated items delivered and/or used in contract performance. If relevant, the estimate must also identify the percentage of postconsumer material content.
- Submission to Designated Recipient
- The contractor must submit the estimate to the recipient identified by the contracting officer in accordance with agency procedures.
- Alternate I Certification
- When Alternate I is included, the contractor must execute a certification under the Resource Conservation and Recovery Act stating that the recovered material content for EPA-designated items met applicable contract specifications or other contractual requirements.
Responsibilities
- Contracting Officers: Insert the clause as prescribed, identify the submission recipient, and include Alternate I when required by agency procedures.
- Contractors: Track recovered and postconsumer material content for covered EPA-designated items, prepare the required estimate at contract completion, and submit any required certification.
- Agencies: Use the submitted estimate and certification to support compliance with recycled-content procurement policies.
Practical Implications
- This clause exists to verify compliance with Federal sustainable acquisition and recycled-content mandates.
- Contractors should maintain product content documentation throughout performance rather than waiting until closeout.
- A common pitfall is failing to distinguish total recovered material from postconsumer material or overlooking items used in performance but not separately delivered.
As prescribed in 23.109(b)(2), insert the following clause:
Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
(a) Definitions. As used in this clause-
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."
"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.
(b) The Contractor, on completion of this contract, shall-
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].
(End of clause)
Alternate I (May 2008). As prescribed in 23.109(b)(2), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962(i)(2)(C)&num=0&edition=prelim" target="_blank">42 U.S.C. 6962(i)(2)(C)):
Certification
I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.
__________________________________________________ [Signature of the Officer or Employee]
__________________________________________________ [Typed Name of the Officer or Employee]
__________________________________________________ [Title]
__________________________________________________ [Name of Company, Firm, or Organization]
__________________________________________________ [Date]
(End of certification)