FAR Part 23: Environment, Sustainable Acquisition, and Material Safety

In plain English

FAR Part 23 prescribes acquisition policies and procedures that support environmental protection, sustainable purchasing, and safe handling of hazardous materials. It requires agencies to procure sustainable products and services to the maximum extent practicable, and imposes specific requirements on contractors regarding hazardous material identification, radioactive materials notice, pollution prevention, and greenhouse gas disclosure. For contractors, this part affects what you must deliver, what you must report, and what clauses may be included in your contract.

Key rules

• Agencies must procure sustainable products and services to the maximum extent practicable, unless they cannot be acquired competitively within a reasonable schedule, meet reasonable performance requirements, or be obtained at a reasonable price. (23.103, 23.104)
• The requirement to procure sustainable products and services does not apply to contracts performed or supplies delivered outside the United States, or to weapon systems, with certain exceptions for recovered materials and ozone-depleting substances. (23.105)
• For contracts involving EPA-designated items containing recovered materials, the requirement applies if the price of the item exceeds $10,000 or if the quantity acquired in the prior fiscal year exceeded certain thresholds. (23.107-1)
• Contracting officers must insert the clause at 52.223-23, Sustainable Products and Services, in solicitations and contracts unless a written justification, exception, or exemption applies and covers the entire contract action. (23.109)
• For contracts that will deliver hazardous materials, the contracting officer must insert the clause at 52.223-3, Hazardous Material Identification and Material Safety Data, and for agencies other than DoD, use Alternate I. (23.304)
• For contracts that may deliver radioactive materials, the contracting officer must insert the clause at 52.223-7, Notice of Radioactive Materials, which requires the contractor to notify the contracting officer prior to delivery. (23.303, 23.304)
• Contracts for performance on a Federal facility must require the contractor to provide information necessary for the agency to comply with emergency planning and toxic release reporting requirements under EPCRA and PPA. (23.403)
• Offerors registered in SAM that received $7.5 million or more in Federal contract awards in the prior fiscal year must represent whether they publicly disclose greenhouse gas emissions and reduction goals, and provide the website for any such disclosures. (23.501, 23.502)

Who does what

In practice

• When bidding, check if the solicitation includes the clause at 52.223-23, Sustainable Products and Services, and be prepared to provide sustainable products or services unless a justification, exception, or exemption applies.
• If your contract involves hazardous materials or radioactive materials, ensure you comply with the identification, notification, and material safety data requirements, and that you have the necessary clauses in your contract.
• If your contract is performed on a Federal facility, you must provide information needed for the agency's emergency planning and toxic release reporting, and you may need to promote waste reduction.
• If you are a large contractor (received $7.5 million or more in Federal contract awards in the prior fiscal year) and are registered in SAM, you must make representations about your public disclosure of greenhouse gas emissions and reduction goals.

Common pitfalls

• Assuming that sustainable procurement requirements do not apply to commercial items or acquisitions below the micro-purchase threshold; subpart 23.100 explicitly applies to all contract actions, including those using part 12 procedures and acquisitions at or below the micro-purchase threshold.
• Failing to provide the required notice of radioactive materials prior to delivery; the clause at 52.223-7 requires notification, and the contracting officer may waive it only under specific conditions.
• Not providing information necessary for the agency to comply with EPCRA and PPA when performing on a Federal facility; this is required by 23.403 and the clause at 52.223-5.
• Overlooking the greenhouse gas disclosure representation if you meet the $7.5 million threshold; the provision at 52.223-22 is required when 52.204-7 is included in the solicitation.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.