FAR 52.223-5 - Pollution Prevention and Right-to-Know Information

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Prescribed in 23,1005
Effective Date:	1 May 2011
Clause or Provision:	Clause
Provision or Clause Number:	52.223-5 - Pollution Prevention and Right-to-Know Information
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Time and Materials/Labor Hour; Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase); Utility Services
Optional:
Subject:	Envirnomental
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription (a) Insert the clause at 52.223-5, Pollution Prevention and Right-to-Know Information, in solicitations and contracts that provide for performance, in whole or in part, on a Federal facility. (b) Use the clause with its Alternate I if the contract provides for contractor— (1) Operation or maintenance of a Federal facility at which the agency has implemented or plans to implement an EMS; or (2) Activities and operations— (i) To be performed at a Government-operated Federal facility that has implemented or plans to implement an EMS; and (ii) That the agency has determined are covered within the EMS. (c) Use the clause with its Alternate II if— (1) The contract provides for contractor activities on a Federal facility; and (2) The agency has determined that the contractor activities should be included within the FCA or an environmental management system audit.
Clause Overview:	Clause (a) Definitions As used in this clause— “Toxic chemical” means a chemical or chemical category listed in 40 CFR 372.65. Federal Facilities (b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109). Contractor Requirements (c) The Contractor shall provide all information needed by the Federal facility to comply with the following: (1) The emergency planning reporting requirements of Section 302 of EPCRA. (2) The emergency notice requirements of Section 304 of EPCRA. (3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA. (4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA. (5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA. (6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514. Alternates Alternate I (May 2011). As prescribed in 23.1005(b), add the following paragraph (c)(7) to the basic clause: (c)(7) The environmental management system as described in section 3(b) of E.O. 13423 and 2(j) of E.O. 13514. Alternate II (May 2011). As prescribed in 23.1005(c), add the following paragraph (c)(7) to the basic clause. If Alternate I is also prescribed, renumber paragraph (c)(7) as paragraph (c)(8). (c)(7) The facility compliance audits as described in section 3(c) of E.O. 13423.
Important Notes/Requirements:	Only applicable if performance will take place, in whole or in part, on a Federal facility.
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	I
Editor:	Marshall

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Personal notes.