FAR 52.223-22 - 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.
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-52.223-22 |
Active Class Deviations
2025-O0004 - Class Deviation 2025-O0004 â Revocation of Executive Order on Sustainability
Effective: None
Effect: SUBSTITUTE
Substitute clause 52.223-22
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Standard Clause Text (eCFR)
(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (c) If the Offeror checked âdoesâ in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported: _____.
(End of provision) [81 FR 83097, Nov. 18, 2016, as amended at 89 FR 30249, Apr. 22, 2024]
As Modified by Deviation
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 product or industrial product (other than food or feed) that is compos...
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52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction GoalsâRepresentation. As prescribed in 23.502, insert the following provision: Public Disclosure of Greenhouse Gas Emissions and Reduction GoalsâRepresentation (DEC 2016) (a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (c) If the Offeror checked âdoesâ in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported: _____. (End of provision) [81 FR 83097, Nov. 18, 2016, as amended at 89 FR 30249, Apr. 22, 2024]