FAR 52.223-9 — Estimate of Percentage of Recovered Material Content for EPA-Designated Items

Contract clause · dated May 2008 · prescribed in FAR 23.109(b)(2) · current through FAC 2026-01

In plain English

FAR 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items, is a contract clause prescribed at FAR 23.109(b)(2), most recently dated May 2008. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.

Its text contains no sentence requiring insertion into subcontracts; see the flowdown section below for what that does and does not mean.

Does it flow down to subcontracts?

No flowdown mandate found in the clause text

We scanned the full clause text and found no sentence directing the contractor to insert this clause into subcontracts. That is a statement about the text, not legal advice: a prime contractor may still flow terms down contractually, an agency supplement (DFARS, VAAR, …) may add requirements, and clauses listed below (if any) may order this clause into subcontracts from the outside.

Where it's prescribed

As prescribed in 23.109(b)(2), insert the following clause:

Prescribing reference: FAR 23.109(b)(2).

The official text, verbatim

FAR 52.223-9 · May 2008 current through FAC 2026-01 acquisition.gov eCFR (48 CFR)

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)

The text above is reproduced from GSA's published FAR source files (GSA/GSA-Acquisition-FAR @ da52ccb (2026-03-30)), retrieved 2026-07-17. The official publication at acquisition.gov / eCFR controls if they differ.