2024 Revisions to the Federal Acquisition Regulation: Strengthening Federal Sustainable Product and Service Purchasing Requirements
A final rule amending the Federal Acquisition Regulation was published on April 22, 2024. This webpage summarizes some of the key changes, explains how it streamlines, clarifies, and strengthens federal sustainable product and service purchasing requirements, and highlights ways in which these changes impact key stakeholders such as procurement professionals and vendors.
Read the full text of FAR Case 2022-006: Sustainable Procurement, which implemented these changes.
1) Strengthened and Streamlined Federal Sustainable Purchasing Requirements
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FAR 52.223-23 – Requirement for procurement of “sustainable products and services” to be set forth in all statements of work or elsewhere in all contracts unless there is an exception, exemption, or written justification.
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FAR 2.101 – New expanded definition of “sustainable product and services”: products and services that are subject to and meet statutory purchasing programs and required EPA Purchasing Programs.
| Statutory Purchasing Programs (23.107) | Required EPA Purchasing Programs (23.108) |
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- FAR 23.1 - Consolidation of all sustainable procurement requirements into one place in the FAR for easier access and consistent formatting for easier use. Non-environmental matters such as drug-free workplaces and banning text messages while driving are now in FAR Part 26.
2) Expanded Applicability of Federal Sustainable Procurement Requirements
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FAR 23.103(a) – New requirement for agencies to procure “sustainable products and services” to the “maximum extent practicable” for all procurements including micro-purchases and COTS products (23.100) accounting for stated exemptions, exceptions, and justifications.
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FAR 23.103(c) – Establishes that “sustainable products” also includes services and requires that contractors furnish sustainable products when supplies are involved in the performance of a service.
3) Clarified Roles and Responsibilities for Contracting Officers (CO) and Vendors to Comply with Federal Sustainable Purchasing Requirements
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FAR 23.104(b) – New requirement for COs to ensure that a solicitation and contract identifies the sustainable products and services required, including the purchasing program and type of product or service.
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FAR 52.223-23 – New requirement for contractors to deliver or use sustainable products and services identified in the award in performance of the contract.
4) Clarified Exceptions and Exemptions for Federal Sustainable Purchasing Requirements
- More clearly specifies that sustainable products and services shall be purchased unless deemed not practicable, in accordance with 23.104(a) or authorized exceptions (23.105) or exemptions (23.106) exist.
5) Clarified Prioritization of Federal Sustainable Purchasing Requirements
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FAR 23.104(c)(2) – Provides instruction explaining how agencies shall prioritize sustainable products and services. The rule continues to require purchasers to prioritize the purchase of statutory program requirements and provides additional guidance as follows:
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Prioritizes “multi-attribute” sustainable products and services. Multi-attribute products and services meet applicable statutory program requirements, and one or more required EPA Purchasing Programs.
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Establishes that when no statutory purchasing program requirements apply procure sustainable products and services that meet required EPA purchasing program requirements.
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6) Expanded approach for considering price reasonableness to apply to all products and services, not just energy consuming products.
- FAR 23.103(a)(2), “When considering whether the price of a sustainable product is reasonable, agencies should consider whether the product is cost effective over the life of the product, taking energy cost savings into account.”
Clauses Removed from the FAR
Clauses 52.223-13, 52.223-14, 52.223-15, 52.223-16, and 52.223-17 were removed and the requirements in them were consolidated in the omnibus clause in FAR 52.223-23. Note that federal purchasers are still required to procure EPEAT registered electronic products as a result of EPEAT’s inclusion in the EPA Recommendations of Specifications, Standards, and Ecolabels.
Links to Key Resources
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Statutory purchasing preference programs |
EPA purchasing preference programs |
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FAR 23.107-1 Products containing recovered material designated by EPA under the Comprehensive Procurement Guidelines (CPG) program |
FAR 23.108-1 WaterSense® labeled (water efficient) products and services |
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FAR 23.107-2 Biobased products meeting content requirements under the USDA BioPreferred® program |
FAR 23-108-2 Safer Choice certified products (products that contain safer chemical ingredients) |
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FAR 23.107-3 ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated energy efficient products |
FAR 23.108-3 Products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels, demonstrated through third party certification |
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FAR 23.107-4 Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program |
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Green Procurement Compilation - The GPC is a comprehensive green purchasing resource designed for federal buyers, program managers, and vendors working with federal agencies. |
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