ATT 4. FAR 52.223-23 (MAY 2024) (DEVIATION FEB 2025).pdf
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This document is Federal Acquisition Regulation (FAR) Clause 52.223-23 defining sustainable products and services requirements for federal procurement. The clause establishes definitions and purchasing mandates for sustainable products across multiple federal environmental programs, including statutory and required purchasing guidelines from the U.S. Environmental Protection Agency (EPA) and U.S. Department of Agriculture (USDA).
Key sustainable product categories include: products containing recovered materials, energy and water-efficient products (ENERGY STAR/FEMP certified), biobased products, acceptable chemicals with safe manufacturing processes, WaterSense labeled products, and Safer Choice-certified products. The clause provides specific statutory references and web links for each category, emphasizing procurement of environmentally responsible products that meet federal environmental protection and sustainability standards.
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52.223-23 Sustainable Products and Services.
As prescribed in 23.109(a), insert the following clause:
Sustainable Products and Services (May 2024)
(a) Definitions. As used in this clause—
Biobased product 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. (7 U.S.C. 8101) (7 CFR 3201.2)
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. (42 U.S.C. 6903).
Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:
(1) Statutory purchasing programs.
Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (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 (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).
Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (https://www.biopreferred.gov).
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 (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 ( https://www.epa.gov/watersense/ watersense-products).
Safer Choice-certified products (products that contain safer chemical ingredients) ( https://www.epa.gov/saferchoice/products).
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