Federal Acquisition Regulation Part 23 Requirements--FAR Sections Affected: 52.223-2, 52.223-5, 52.223-7, 52.223-9, and 52.223-22

This clearance covers the information that offerors and contractors must submit to comply with the following FAR part 23 requirements: • FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. This clause requires the contractor to report annually the product types and dollar value of any United States Department of Agriculture (USDA)-designated biobased products purchased by the contractor during the previous Government fiscal year. • FAR 52.223-5, Pollution Prevention and Right-to-Know Information. This clause requires a contractor that is performing at a federal facility to provide all information needed by the federal facility to comply with Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (42 U.S.C.13101-13109). Contractors report information related to emergency planning and hazardous chemicals reporting and toxic chemical release inventories. • FAR 52.223-7, Notice of Radioactive Material. This clause requires the contractor to notify the contracting officer or a designee in writing prior to the delivery of, or prior to completion of any servicing required by the contract of, items containing certain radioactive material. The notice shall specify the part or parts of the items which contain radioactive materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the contractor which will put users of the items on notice as to the hazards involved. If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under the contract or prior contracts, then the contractor may request in writing that the contracting officer or designee waive this notice requirement. • FAR 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items. This clause requires the contractor, upon completion of the contract, to submit to the Government an estimate of the percentage of the total recovered material content for Environmental Protection Agency (EPA)-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content. For contracts where the estimates can be verified, the contractor shall instead provide the certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)) that the percentage of recovered material content for EPA-designated items met the requirements of the contract. • FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision requires offerors that received $7.5 million or more in total contract awards during the previous Federal fiscal year to represent whether it publicly discloses (itself or through its immediate or highest-level owner) its greenhouse gas emissions and a quantitative greenhouse gas reduction goal. If the offeror publicly discloses such information, the offeror is required to provide the website(s) where the information is made publicly available. The representation is voluntary for offerors below the threshold.

The latest form for Federal Acquisition Regulation Part 23 Requirements--FAR Sections Affected: 52.223-2, 52.223-5, 52.223-7, 52.223-9, and 52.223-22 expires 2027-06-30 and can be found here.

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