48 CFR § 23.404 - 23.404 Environmental management systems.

---
identifier: "/us/cfr/t48/s23.404"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 23.404 - 23.404   Environmental management systems."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "23.404"
section_name: "23.404   Environmental management systems."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "D"
subchapter_name: "SOCIOECONOMIC PROGRAMS"
part_number: "23"
part_name: "ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42275, Sept. 19, 1983, unless otherwise noted."
cfr_part: "23"
---


# 23.404 23.404   Environmental management systems.

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.