FAR 52.223-19 - 52.223-19 Compliance with Environmental Management Systems.
Current Status
DEVIATION ACTIVE
WARNING: This clause is affected by 1 active class deviation. Use the deviation text, NOT the standard clause text from the eCFR.
| Last Checked | 2026-03-11 19:35 UTC |
| Authoritative Source | https://www.ecfr.gov/current/title-48/section-52.223-19 |
Active Class Deviations
2025-O0004 - Class Deviation 2025-O0004 â Revocation of Executive Order on Sustainability
Effective: None
Effect: SUBSTITUTE
Substitute clause 52.223-19
Compare clause text (side-by-side)
Standard Clause Text (eCFR)
As prescribed in 23.406(b), insert the following clause:
(End of clause)
As Modified by Deviation
52.223-19, Compliance with Environmental Management Systems.
(ii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. (b) Use the following contract clauses (see Attachment 1): (i) 52.223-10, Waste Reduction Program (DEVIATION 2025-O0004), in lieu of the clause at FAR 52.223-10. (ii) 52.223-23, Sustainable Products and Services (DEVIATION 2025-O0004) in lieu of the clause at FAR 52.223-23. (c) Use the paragraphs in the solicitation provisions and contract clauses in Attachment 2 in lieu of those paragraphs in the following provisions and clauses in FAR part 52: (i) 52.204-8, Annual Representations and Certifications. (ii) 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. (iii) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. Class Deviation 2024-O0004 Revocation of Executive Order on Sustainability (iv) 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (2) Amend open solicitations and modify existing contracts, as applicable, to— (a) Remove the solicitation provision and contract clause in paragraph (1)(a) of this class deviation; (b) Use the contract clauses in paragraph (1)(b) of this class deviation in lieu of the provision and clause in FAR part 52; and (c) Use the paragraphs in the solicitation provisions and contract clauses in paragraph (1)(c) of this class deviation in lieu of those paragraphs in FAR part 52. (3) Consider whether to modify contract actions nearing the end of the period of performance (i.e., six months or less remaining) and without options to extend. Contracting officers shall not consider or use the representations in the System for Award Management (SAM) for the provision at FAR 52.223-22 and paragraph (t) of FAR 52.212-3. Until it is updated, SAM may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM. Additionally, contracting officers are generally prohibited from requiring offerors, as a condition of being awarded a contract, to disclose a greenhouse gas inventory or any other report on greenhouse gas emissions. See Class Deviation 2024-O0009, Prohibition on Required Disclosure of Information Relating to Greenhouse Gas Emissions. This class deviation implements section 2(rr) of Executive Order 14148, Initial Rescissions of Harmful Executive Orders and Actions, of January 20, 2025 (see 90 FR 8237), which revoked Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, of December 8, 2021. This class deviation remains in effect until incorporated into the FAR or until otherwise rescinded. Direct questions to DPCAP/DARS at osd.dfars@mail.mil. John M. Tenaglia Principal Director, Defense Pricing, Contracting, and Acquisition Policy Attachments: As stated Page 2 of 2 Attachment 1 Class Deviation 2025-O0004 Revocation of Executive Order on Sustainable Procurement Changes are indicated by a change bar in the right-hand margin. 52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004)
As prescribed in 23.406(c), insert the following clause:
WASTE REDUCTION PROGRAM (MAR 2025) (DEVIATION 2025-O0004) (a) Definitions. As used in this clause— Recycling means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion. Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. (b) The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).
(End of clause)
** * * *
52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) As prescribed in 23.109(a), insert the following clause: SUSTAINABLE PRODUCTS AND SERVICES (MAR 2025) (DEVIATION 2025-O0004) (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 prod...
Full Current Text
Show full clause text
52.223-19 Compliance with Environmental Management Systems. As prescribed in 23.406(b), insert the following clause: Compliance With Environmental Management Systems (MAY 2011) The Contractor's work under this contract shall conform with all operational controls identified in the applicable agency or facility Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems. (End of clause) [76 FR 31402, May 31, 2011, as amended at 89 FR 30249, Apr. 22, 2024]