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FAR and DFARS › FAR Part 23: Environment, Sustainable Acquisition, and Material Safety › Subpart 23.4

FAR 23.404 Environmental management systems.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section says agencies may use an environmental management system (EMS) to support their mission and E.O. 14057 goals. If an agency uses an EMS for contractor operation of Government-owned or -leased facilities or vehicles, and contractor activities affect the agency's environmental management aspects, the agency must include EMS requirements in the contract and the contracting officer must specify the EMS directives and ensure contractor compliance. It matters to contractors because it means EMS obligations can appear in contracts for operating Government facilities or vehicles.

Applies to: Contracts for contractor operation of Government-owned or -leased facilities or vehicles where contractor activities affect the agency's environmental management aspects

What it requires

  • Comply with the EMS directives specified by the contracting officer
  • Meet EMS requirements included in the contract to ensure proper implementation and execution of EMS roles and responsibilities

Key terms: environmental management system (EMS) · E.O. 14057 · EMS directives · contracting officer · Government-owned or -leased facilities or vehicles

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

Agencies may implement an environmental management system (EMS) when it aligns with and supports its agency's mission needs and facilitates implementation and progress toward E.O. 14057 goals. If an agency uses an EMS for contractor operation of Government-owned or -leased facilities or vehicles, and contractor activities affect the agency's environmental management aspects—

(a) EMS requirements shall be included in contracts to ensure proper implementation and execution of EMS roles and responsibilities; and

(b) The contracting officer shall—

(1) Specify the EMS directives with which the contractor must comply; and

(2) Ensure contractor compliance to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles.

← 23.403 Emergency planning and toxic release reporting. · 23.405 Waste reduction program. →

Rule changes for FAR Part 23

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 23.404 Environmental management systems · SpendQuery