52.223-9 — Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
Researched by the BidStride Research Team
What This Clause Requires
FAR 52.223-9 — Estimate of Percentage of Recovered Material Content for EPA-Designated Items.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.
Official Regulation Text
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. 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 (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) [65 FR 36021, Ju
Compliance Checklist
- (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 ].
- 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 (42 U.S.C.
Flow-Down to Subcontractors
No flow-down required
This clause applies only to the prime contract and does not need to be flowed down to subcontractors.
Frequently Asked Questions
FAR 52.223-9 (Estimate of Percentage of Recovered Material Content for EPA-Designated Items.) is a federal acquisition regulation clause that may be included in government contracts. It falls under the environment category.
FAR 52.223-9 is typically required when the contracting officer determines it's applicable to the specific procurement. Check the solicitation's Section I for included clauses.
Whether FAR 52.223-9 flows down depends on the specific clause language and contract type. Review the clause text for flow-down provisions.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.