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OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT GREEN CLAUSES
| Provision (P) or Clause (C) |
| Title |
| Prescription |
| Summary |
| Special Considerations |
| 52.204-4 |
| Printed or Copied Double-Sided on Recycled Paper |
| 4.303 |
| Requires documents be printed or copied double-sided on recycled paper |
| 52.212-5 |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items |
| 12.301(b)(4) |
| Implements statutes or executive orders for commercial items in one place |
| For use only in commercial acquisitions. Replaces the need to incorporate 52.223-9 with Alt I, 52.223-15, and 52.223-16 with Alt I separately |
| 52.213-4 |
| Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) |
| 13.302-5(d) |
| Implements statutes or executive orders for simplified acquisitions for other than commercial items in one place |
| For use only in Simplified Acquisitions for other than commercial items that exceed the micro-purchase threshold. Replaces the need to incorporate 52.223-15 separately |
| 52.223-1 |
| Biobased Product Certification |
| 23.406(a) |
| Used in solicitations that require the delivery or specify the use of USDA-designated items or if 52.223-2 is utilized |
| 52.223-2 |
| Affirmative Procurement of Biobased Products Under Service and Construction Contracts |
| 23.406(b) |
| Use in service or construction solicitations and contracts unless the contract will not involve the use of USDA-designated items or 7 CFR Part 2902 |
| 52.223-3 |
| Hazardous Material Identification and Material Safety Data |
| 23.303(a) |
| Requires contractor to list any material delivered under the contract that is defined as hazardous by law, and to provide Material Safety Data Sheets |
| 52.223-4 |
| Recovered Material Certification |
| 23.406(c) |
| Requires certification of the minimum recovered material content required in the solicitation |
52.223-5 Alternates I, II
23.1005(b), 23.1005(c)
Add Alternate I to basic clause where Federal facility has an Environmental Management System. Add Alternate II if I is prescribed
| 52.223-9 |
| Estimate of Percentage of Recovered Material Content for EPA-Designated Items |
| 23.406(d) |
| Requires an estimate of percentage of recovered material content for EPA-designated products for contracts exceeding the Simplified Acquisition Threshold and specify use of EPA designated items |
| Does not need to be included if 52.212-5 is utilized, and the block for 52.223-9 is checked |
| 52.223-10 |
| Waste Reduction Program |
| 23.705(a) |
| Requires contractors to establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract |
| 52.223-11 |
| Ozone-Depleting Substances (ODS) |
| 23.804(a) |
| Requires contractor to label products which contain or are manufactured with ODSs in the manner and to the extent required by law. Warning must be provided about the harmful environmental effects of ODSs |
| 52.223-12 |
| Refrigeration Equipment and Air Conditioners |
| 23.804(b) |
| Requires compliance with applicable sections of the Clean Air Act |
| Also see applicable energy-efficiency provisions/clauses |
| 52.223-13 |
| Acquisition of EPEAT®-Registered Imaging Equipment |
| 23.705(c)(1) |
| Requires the use of the IEEE-1680.2™ standard for imaging equipment (i.e., copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and scanners) (Visit the U.S. Environmental Protection Agency’s [EPA] Electronic Product Environmental Assessment Tool [EPEAT®] web portal for more information and to access the EPEAT® registry) |
| Requires delivery of EPEAT® Bronze registered or higher (See also FAR 39.101(b)(1)(ii)) |
52.223-13 Alternate 1
| 23.705(c)(2) |
| Makes EPEAT® Silver or Gold registration the standard that contractors must meet |
| Use Alternate I with its clause when there are sufficient EPEAT® silver– or gold-registered products available to meet agency needs |
| 52.223-14 |
| Acquisition of EPEAT®-Registered Televisions |
| 23.705(d)(1) |
| Requires the use of the IEEE-1680.3™ standard for televisions (Visit the U.S. Environmental Protection Agency’s [EPA] Electronic Product Environmental Assessment Tool [EPEAT®] web portal for more information and to access the EPEAT® registry) |
| Requires delivery of EPEAT® Bronze registered or higher (See also FAR 39.101(b)(1)(ii)) |
52.223-14 Alternate 1
| 23.705(d)(2) |
| Makes EPEAT® Silver or Gold registration the standard that contractors must meet |
| Use Alternate I with its clause when there are sufficient EPEAT® silver– or gold-registered products available to meet agency needs |
| 52.223-15 |
| Energy Efficiency in Energy-Consuming Products |
| 23.206 |
| Requires contractors to ensure that energy-consuming products are energy efficient products at the time of contract award |
| Does not need to be put in if either 52.212-5 or 52.213-4 is used and the block checked to incorporate 52.223-15 is checked |
| 52.223-16 |
| Acquisition of EPEAT®-Registered Personal Computer Products |
| 23.705(b)(1) |
| Requires the use of the IEEE-1680.1™ standard for personal computer products. (Visit the U.S. Environmental Protection Agency’s [EPA] Electronic Product Environmental Assessment Tool [EPEAT®] web portal for more information and to access the EPEAT® registry.) |
| Requires delivery of EPEAT® Bronze registered or higher (See also FAR 39.101(b)(1)(ii)) |
52.223-16 Alternate 1
23.705(b)(2)
| Makes EPEAT® Silver or Gold registration the standard that contractors must meet |
| Use Alternate I with its clause when there are sufficient EPEAT® silver– or gold-registered products available to meet agency needs |
| 52.223-17 |
| Affirmative Procurement of EPA-designated Items in Service and Construction Contracts |
| 23.406(e) |
| Requires contractor to make maximum use of products containing recovered materials that are EPA-designated items. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm |
| Do not insert if the contract will not involve the use of EPA-designated items |
| 52.223-19 |
| Compliance with Environmental Management Systems (EMS) |
| 23.903 |
| Requires work performed to conform with all operational controls identified in the agency’s or facility’s EMS and provide information necessary for the Government to address environmental performance relative to the EMS goals |
| Where goals for Green Purchasing/Sustainable Acquisition are included in the EMS |