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FAR Clause ACTIVE

52.223-4

Recovered Material Certification.
View on acquisition.gov · View on eCFR.gov
Effective Date
MAY 2008
Active Deviations
1
Versions
2 (since 2024-04-22)
RFO
RFO Version Available

The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.

View RFO version
DEV
This clause is modified by 1 active class deviation
  • 2026-O0043 — DFARS RFO Implementation (Part 4)
View per-deviation details → 
52.223-4 Recovered Material Certification.

As prescribed in 23.109(b)(1), insert the following provision:

Recovered Material Certification (MAY 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of provision)

[62 FR 44812, Aug. 22, 1997, as amended at 65 FR 36021, June 6, 2000; 72 FR 63045, Nov. 7, 2007; 73 FR 21790, Apr. 22, 2008; 89 FR 30248, Apr. 22, 2024]
RFO
Prescription superseded under the RFO

The prescription shown below is from the codified eCFR. The Revolutionary FAR Overhaul relocates this clause's prescription as follows:

  • 23.107-1 → 12.205 (prescriptive text also revised)
  • 23.109 → 23.108

See the deviation memorandum for the current prescription authority.

View deviation: 2026-O0043 →
23.109(b)
(b) EPA-designated items. Except for the acquisition of COTS items--

(1) Insert the provision at 52.223-4, Recovered Material Certification, in solicitations that require the delivery or specify the use of EPA-designated items; and

(2) Insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $200,000 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.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC. Cross-references within the prescription are not resolved automatically.

Regulatory Stack

The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.

RFO RFO Version Overhauled clause text
The Revolutionary FAR Overhaul publishes a revised version of this clause. See the RFO Version tab for the controlling authority under the RFO model.

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R-DFARS R-DFARS Prescription Per Deviation 2026-O0043 (DFARS Part 204)
2026-O0043: DFARS RFO Implementation (Part 4) — DFARS Part 204

View Deviation 2026-O0043 →

FAR FAR Prescription ⚠ May be superseded by RFO 23.109(b)
(b) EPA-designated items. Except for the acquisition of COTS items--

(1) Insert the provision at 52.223-4, Recovered Material Certification, in solicitations that require the delivery or specify the use of EPA-designated items; and

(2) Insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $200,000 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.

View on acquisition.gov · View on eCFR.gov

Version History

Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.

No version history available from eCFR.

RFO Version

Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).

Clause Text

Substantive changes. The RFO version differs materially from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.223-4 Recovered Material Certification.
eCFR (codified)
RFO (implemented)
1 added, 1 removed
As prescribed in 23.109(b)(1), insert the following provision:
As prescribed in 23.108(b)(1), insert the following provision:
33 removed
[62 FR 44812, Aug. 22, 1997, as amended at 65 FR 36021, June 6, 2000; 72 FR 63045, Nov. 7, 2007; 73 FR 21790, Apr. 22, 2008; 89 FR 30248, Apr. 22, 2024]
Applied to DoD contracts via Class Deviation 2026-O0043 (effective 2026-02-17) .

Prescription

Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.223-4 Recovered Material Certification.: Prescription
eCFR (codified)
RFO (implemented)
10 removed
(b)
(b) EPA-designated items. Except for the acquisition of COTS items--
(b)
51 removed
(2)
(2) Insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $200,000 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.
(2)

Source: acquisition.gov RFO Part 52 · Prescribing Part 23

Active Class Deviations

2026-O0043
DFARS RFO Implementation (Part 4) Modify clause 52.223-4
MODIFIED

Related Clauses

Referenced by

52.204-8
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