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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.
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
As prescribed in 23.109(b)(2), insert the following clause:
Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)
(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.
(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
].
(End of clause)
Alternate I
(MAY 2008). As prescribed in 23.109(b)(2), 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
)
(End of certification)
[65 FR 36021, June 6, 2000, as amended at 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Prescription superseded under the RFO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)
Alternate I: 23.107-1 → 12.205(prescriptive text also revised)
23.109 → 23.108
Alternate I: 23.109 → 23.108
See the deviation memorandum for the current prescription authority.
(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.
RFORFO VersionOverhauled 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.
FARFAR Prescription⚠ May be superseded by RFO23.109(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.
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.
2 versions tracked from 2024-04-22 to 2024-05-22.
MAY 2024May 22, 2024CURRENTSUBSTANTIVE
Removed in this version
Added in this version
Unchanged
APR 2024 (previous)
MAY 2024 (current)
(a)
(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.
(a)
(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.
(b)
(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)
(End of certification)
(b)
(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)
(End of certification)
(1)
(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
(1)
(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
1 added, 1 removed
(2)
(2) Submit this estimate to ________ [Contracting Officer complete in accordance with agency procedures]. (End of clause) 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:
(2)
(2) Submit this estimate to ________ [Contracting Officer complete in accordance with agency procedures]. (End of clause) Alternate I (MAY 2008). As prescribed in 23.109(b)(2), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
APR 2024April 22, 2024SUBSTANTIVE
Earliest version available from the 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
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
eCFR (codified)
RFO (implemented)
1 added, 1 removed
As prescribed in 23.109(b)(2), insert the following clause:
As prescribed in 23.108(b)(2), insert the following clause:
Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)
Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
(a)
(a)
Definitions.
As used in this clause—
(a)
(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."
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.
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.
(b)
(b) The Contractor, on completion of this contract, shall—
(b)
(b) The Contractor, on completion of this contract, shall-
(1)
(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
(1)
(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
1 added, 1 removed
(2)
(2) Submit this estimate to ________ [Contracting Officer complete in accordance with agency procedures].
(2)
(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].
(End of clause)
(End of clause)
1 added, 1 removed
Alternate I (MAY 2008). As prescribed in 23.109(b)(2), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
Alternate I (May 2008). As prescribed in 23.108(b)(2), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
(b)
(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)):
(b)
(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
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.
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.
3 added, 2 removed
(Signature of the Officer or Employee)
__________________________________________________ [Signature of the Officer or Employee]
3 added, 2 removed
(Typed Name of the Officer or Employee)
__________________________________________________ [Typed Name of the Officer or Employee]
Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.: Prescription
eCFR (codified)
RFO (implemented)
10 removed
(b)
(b) EPA-designated items. Except for the acquisition of COTS items--
(b)
23 removed
(1)
(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
(1)
(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)
(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.