FAR 52.223-9 - Estimate of Percentage of Recovered Material Content for EPA-Designated Items

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Contents

Prescribed in 23.406(d)

Effective Date:1 May 2008
Clause or Provision:Clause
Provision or Clause Number: 52.223-9 - Estimate of Percentage of Recovered Material Content for EPA-Designated Items

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; Utility Services; Commercial Items
Optional:Simplified Acquisition Procedures (Excludes Micro-Purchase)
Subject:Envirnomental
ProcurementType:
Contract Threshold:>150,000
Prescription Overview:

Prescription

(d) Except for the acquisition of commercially available off-the-shelf items, insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $150,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I.

Clause Overview:

Clause

(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.

Requirements

(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].

Alternate

Alternate I (May 2008). As prescribed in 23.406(d), 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]

Important Notes/Requirements:

"Applicable only to solicitations and contracts that are for, or specify the use of, EPA-designated products containing recovered materials.

Subcontract Threshold:>150,000
Incorporated by Reference:No
Uniform Contract Format:I
Editor:Marshall

Personal notes.