23.1005  Contract clause.

(a)  Insert the clause at 52.223-5, Pollution Prevention and Right-to-Know Information, in solicitations and contracts that provide for performance, in whole or in part, on a Federal facility.

(b)  Use the clause with its Alternate I if the contract provides for contractor-

(1)  Operation or maintenance of a Federal facility at which the agency has implemented or plans to implement an EMS; or

(2)  Activities and operations-

(i)  To be performed at a Government-operated Federal facility that has implemented or plans to implement an EMS; and

(ii)  That the agency has determined are covered within the EMS.

(c)  Use the clause with its Alternate II if-

(1)  The contract provides for contractor activities on a Federal facility; and

(2)  The agency has determined that the contractor activities should be included within the FCA or an environmental management system audit.

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