52.223-23

Full Text

As prescribed in, insert the following clause: (a) 23.109

Sustainable Products and Services (May 2024)

End of clause

As used in this clause— (a) Definitions. 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. () (). Biobased product 7 U.S.C. 8101 7 CFR 3201.2 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. (). Recovered material 42 U.S.C. 6903 means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing: Sustainable products and services. (1) Statutory purchasing programs Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines () () (). (i) 42 U.S.C. 6962 40 CFR part 247 https://www.epa.gov/​smm/​comprehensive-procurement-guideline-cpg-program#products Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products () () (and). (ii) 42 U.S.C. 8259b 10 CFR part 436, subpart C https://www.energy.gov/​eere/​femp/​search-energy-efficient-products https://www.energystar.gov/​products?​s=​mega Biobased products meeting the content requirement of the USDA under the BioPreferred® program () () (). (iii) 7 U.S.C. 8102 7 CFR part 3201 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 () () (). (iv) 42 U.S.C. 7671l 40 CFR part 82, subpart G https://www.epa.gov/​snap. (2) Required EPA purchasing programs WaterSense® labeled (water efficient) products and services (). (i) https://www.epa.gov/​watersense/​watersense-products Safer Choice-certified products (products that contain safer chemical ingredients) (). (ii) https://www.epa.gov/​saferchoice/​products Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (). (iii) https://www.epa.gov/​greenerproducts/​recommendations-specifications-standards-and-ecolabels-federal-purchasing

. (b) Requirements 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. (1) The Contractor shall ensure that the sustainable products and services required by this contract are— (2) Delivered to the Government; (i) Furnished for use by the Government; (ii) Incorporated into the construction of a public building or public work; and (iii) 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. (iv) (3) 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 (i) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023. (ii)

The Green Procurement Compilation (GPC) available atprovides 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. (c) Resource. https://sftool.gov/​greenprocurement