52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
Prescription and Applicability
FAR Prescription, 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.
Current Text
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]
Suggested Questions
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- Should I include this provision in my solicitation?
- Does this clause apply to commercial acquisitions?
- Does this clause apply to R&D contracts under Part 35?
- Which alternate should I use for a multiple-award contract?
- Are there any active Class Deviations that modify this clause?
- What changed in the most recent amendment?