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Sample Contract Language for Environmental Programs

This page contains generic solicitation/contract language that can be used to incorporate minimum sustainability requirements into contracts for products. For sample solicitation/contract language and previous examples of service contracts, visit individual service pages within the Green Procurement Compilation.

BioPreferred

While the purchase of biobased products is mandated under the federal sustainable acquisition policy, there are no existing FAR clauses that incorporate minimum biobased content requirements into supply contracts (FAR clause 52.223-2 applies to service and construction contracts). FAR provision 52.223-1 requires the vendor to certify in its offer that biobased products will meet the applicable specifications, but it is up to the Government to incorporate those specifications into the contract. The solicitation/contract language below can be used to incorporate minimum biobased content requirements into contracts for BioPreferred (biobased) products. The language is not suitable for all circumstances and must be tailored to each individual acquisition, as appropriate. The language below is not meant to replace any internal, agency-specific language or requirements.

Specifications/Performance Requirements

The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

Note: Solicitations/contracts may specify a minimum biobased content level higher or lower than the minimum percentages in USDA’s BioPreferred recommendations, based on market research of product availability in the commercial marketplace.

Instructions to Offerors

As applicable, offerors shall identify the biobased content level of the offered product(s). The content levels shall, at minimum, meet USDA BioPreferred’s minimum biobased content level as identified on the BioPreferred web site. Note that the offered product is not required to be third-party certified and qualified under the USDA Certified Biobased Product Labeling Program. However, offerors must be able to demonstrate that the offered product meets minimum content levels upon request.

Note: By including FAR provision 52.223-1 in the solicitation, the offeror also certifies by signing the offer that delivered biobased products will comply with the applicable specifications or other contractual requirements.

Evaluation Criteria

As part of the technical evaluation, the Government will confirm that the offered product(s) meets all applicable requirements, including minimum biobased content levels. Any offered product that does not meet the minimum requirements will be considered non-responsive.

CPG

While the purchase of products made with recovered materials is mandated under the federal sustainable acquisition policy, there are no existing FAR clauses that incorporate minimum content requirements into contracts for the purchase of commercially available off-the-shelf products (FAR provision 52.223-4 and FAR clause 52.223-9 do not apply to commercially available off-the-shelf products, while FAR clause 52.223-17 only applies to service and construction contracts).   The solicitation/contract language below can be used to incorporate minimum content requirements for the purchase of products made with recovered materials. The language is not suitable for all circumstances and must be tailored to each individual acquisition, as appropriate. The language below is not meant to replace any internal, agency-specific language or requirements.

Specifications/Performance Requirements

Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials, and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request.

Note: Solicitations/contracts may specify a minimum recovered materials content level higher or lower than the minimum percentages in EPA’s CPG recommendations, based on market research of product availability in the commercial marketplace.

Instructions to Offerors

Offerors shall identify the product material and content levels (postconsumer content % and total recovered materials content %) for each proposed product. The content levels shall, at minimum, meet the minimum recommended content levels as identified under the CPG program. For purposes of this contract, applicable content levels will be those published at the time of the offer due date.

Note: By including FAR provision 52.223-4 in the solicitation, the offeror also certifies by signing the offer that the percentage of recovered materials content for EPA-designated items to be delivered will be at least the amount required by the applicable contract specifications or other contractual requirements.

Evaluation Criteria

As part of the technical evaluation, the Government will confirm that each offered product meets all applicable requirements, including minimum content levels. Any offered product that does not meet the minimum requirements will be considered non-responsive.

Energy Star

The solicitation/contract language below can be used to incorporate green product requirements for the purchase of ENERGY STAR products. While the required FAR clause 52.223-15 includes a requirement for contractors to supply ENERGY STAR qualified products, inclusion of the clause by itself is not sufficient. The language is not suitable for all circumstances and must be tailored to each individual acquisition, as appropriate. The language below is not meant to replace any internal, agency-specific language or requirements.

Specifications/Performance Requirements

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that earn the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.

Instructions to Offerors

Offerors shall identify the ENERGY STAR qualified product(s) by brand, model name, and model number to be supplied under this contract. Offerors should be prepared to provide evidence of product certification by an EPA-recognized certification body upon request.

Evaluation Criteria

As part of the technical evaluation, the Government will confirm that the offered product meets all applicable requirements. Any offered product that does not meet the minimum requirements will be considered non-responsive.


NOTE: If market research shows that anticipated life cycle costs may vary from product to product, you may want to state that the Government will consider all expected costs (e.g., initial, energy, maintenance, and disposal costs) over the anticipated lifetime of the product as part of the evaluation.

EPEAT

The solicitation/contract language below can be used to incorporate green product requirements for the purchase of EPEAT-registered products. There are several existing clauses that require the supply of EPEAT-registered products: FAR clause 52.223-13 (imaging equipment), FAR clause 52.223-14 (televisions), FAR clause 52.223-16 (computer products), However, inclusion of the appropriate clause by itself is not sufficient. The language is not suitable for all circumstances and must be tailored to each individual acquisition, as appropriate. The language below is not meant to replace any internal, agency-specific language or requirements.

Specifications/Performance Requirements

Sustainable Products

The contractor shall exclusively provide EPEAT-registered products under this contract, as applicable. The Contractor is responsible for ensuring products meet the latest EPEAT requirements at the time of delivery. Visit www.epeat.net for complete product specifications, registration requirements, and updated lists of qualifying products.

Sustainable Product Reporting

The contractor shall submit a [quarterly/semi-annual/annual] report to the Contracting Officer’s Representative quantifying the number of EPEAT-registered products delivered under this contract (by product type and EPEAT rating). The report shall include data for the current quarter, current fiscal year, and total contract period. A sample matrix for this data is shown below.

Product Type Non-EPEAT Registered EPEAT Bronze EPEAT Silver EPEAT Gold
Computers & Displays        
Imaging Equipment        
Televisions        
Asset Take-Back

The Contractor shall assess the remaining value of purchased equipment at the end of its useful life based on its current value. The Government may return the equipment to the Contractor and use the assessed value to offset the purchase price of a new device.

As part of the proposal, the Contractor shall clearly identify its approach to device end-of-life management. Unless approved by the Government as a management option, electronic assets shall not be disposed of in a landfill or by incineration.

For any equipment removed by the Contractor and scheduled to be refurbished or recycled, the Contractor is required to demonstrate as part of its management plan that those actions will be handled by a refurbisher or recycler that is third-party certified to one of the known electronics recycling certification programs that is used in the United States, the Responsible Recycling Standard (R2) or the E-Stewards Standard.

NOTE: In addition to including the appropriate EPEAT clause (52.223-1352.223-14, or 52.223-16), contracts should include clause 52.223-15 for the purchase of energy-consuming products listed in the ENERGY STAR program or FEMP. However, you can assume that any EPEAT-registered product also meets the ENERGY STAR energy efficiency requirements, regardless of whether the product has been certified under the ENERGY STAR program.

NOTE: While this sample contract language references the Responsible Recycling (R2) and e-Stewards standards, there may be other standards approved for use for Federal disposal options in the future. Currently, however, R2 and e-Stewards certification programs are the only certifications recognized in GSA’s Bulletin FMR B-34, Disposal of Federal Electronic Assets.

Instructions to Offerors

Offerors shall identify the EPEAT-registered product(s) by manufacturer, model name, and model number to be supplied under this contract. In addition, offerors shall specify the EPEAT level rating (bronze, silver, or gold) for each product.

Evaluation Criteria

As part of the technical evaluation, the Government will confirm that the offered product(s) meets all applicable requirements. Any offered product that does not meet the minimum requirements will be considered non-responsive. The Government will evaluate more favorably offers that propose delivery of products that meet higher levels of qualification under the EPEAT product registration system (i.e., silver or gold).

FEMP

The solicitation/contract language below can be used to incorporate green product requirements for the purchase of FEMP-designated products. While the required FAR clause 52.223-15 includes a requirement for contractors to supply FEMP-designated products, inclusion of the clause by itself is not sufficient. The language is not suitable for all circumstances and must be tailored to each individual acquisition, as appropriate. The language below is not meant to replace any internal, agency-specific language or requirements.

Specifications/Performance Requirements

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that meet Federal Energy Management Program (FEMP) purchasing specifications for energy efficiency under this contract, as applicable. Covered product categories and the applicable energy efficiency requirements can be found at http://energy.gov/eere/femp/covered-product-categories.

Instructions to Offerors

In the technical proposal, offerors shall identify the FEMP-designated product(s) by brand, model name, and model number to be supplied under this contract. In addition, offerors shall provide supporting documentation, such as product specification sheets (or a link to supporting documentation), that clearly demonstrates compliance with the applicable FEMP energy efficiency requirements. Compliance must be determined based on the industry-recognized testing standards identified by FEMP.

Evaluation Criteria

As part of the technical evaluation, the Government will confirm that each offered product meets all applicable requirements, including energy efficiency specifications. Any offered product that does not meet the minimum requirements will be considered non-responsive.

Note: If market research shows that anticipated life cycle costs may vary from product to product, you may want to state that the Government will consider all expected costs (e.g., initial, energy, maintenance, and disposal costs) over the anticipated lifetime of the product as part of the evaluation.

Safer Choice (formerly DfE)

While the purchase of Safer Choice labeled products (chemically intensive products that contain safer ingredients) is mandated under the federal sustainable acquisition policy, there currently are no existing FAR clauses that incorporate Safer Choice product requirements into contracts. The solicitation/contract language below can be used to incorporate requirements for the purchase of Safer Choice labeled products. The language is not suitable for all circumstances and must be tailored to each individual acquisition, as appropriate. The language below is not meant to replace any internal, agency-specific language or requirements.

Specifications/Performance Requirements

The contractor shall provide Safer Choice labeled products under this contract, as applicable. The contractor is encouraged to visit http://www2.epa.gov/saferchoice/products for updated lists of qualifying products.

Instructions to Offerors

Offerors shall identify the Safer Choice labeled product(s) by product name and manufacturer to be supplied under this contract. In addition, offerors shall provide evidence of product certification by EPA (i.e., Safer Choice Partnership Agreement or product listing on EPA’s Safer Choice website).

Evaluation Criteria

As part of the technical evaluation, the Government will confirm that each offered product meets all applicable requirements. Any offered product that does not meet the minimum requirements will be considered non-responsive.

WaterSense

While the purchase of WaterSense and other water efficient products is mandated under the federal sustainable acquisition policy, there currently are no existing FAR clauses that incorporate water efficiency requirements into contracts. The solicitation/contract language below can be used to incorporate requirements for the purchase of WaterSense products. The language is not suitable for all circumstances and must be tailored to each individual acquisition, as appropriate. The language below is not meant to replace any internal, agency-specific language or requirements.

Specifications/Performance Requirements

The contractor shall provide WaterSense labeled products under this contract, as applicable. The contractor is encouraged to visit http://www.epa.gov/watersense for complete product specifications and updated lists of qualifying products.

Instructions to Offerors

Offerors shall identify the WaterSense labeled product(s) by brand, model name, and model number to be supplied under this contract. In addition, offerors shall provide evidence of product certification by an EPA-recognized certification body.

Evaluation Criteria

As part of the technical evaluation, the Government will confirm that each offered product meets all applicable requirements. Any offered product that does not meet the minimum requirements will be considered non-responsive.