Model Contract Language for Federal Sustainable Purchasing
Introduction
EPA has developed model contract language for each of the product or service categories covered by the Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing. The model contract language satisfies the sustainable purchasing requirements found in the Federal Acquisition Regulation (FAR) Parts 23.107 and 23.108. This language is intended to assist U.S. federal government procurement professionals in meeting the federal sustainable purchasing requirements and makes it as easy and straightforward as possible for businesses to understand the requirements by purchase category and sell sustainable products to the federal government. EPA also provides optional model contract language which goes beyond the FAR requirements, to further help purchasers ensure greater protection of human health and the environment.
In line with stakeholder feedback and market demand, EPA gives preference to the use of multi-attribute, also known as life-cycle based standards/ecolabels, that address several impact areas (hotspots) and several life cycle stages at the same time (for example, PFAS and plastics use, recycled content, and more.) Single attribute standards/ecolabels may also be used. Purchasers should be aware that those standards/ecolabels only cover a singular impact area or a singular lifecycle stage (for example, recycled content only).
If a product or service category of interest is not included in the list below, EPA does not recommend any private sector standard(s)/ecolabel(s) in that category. But statutory purchasing requirements may still apply, or an EPA-owned ecolabel may cover the category. Please visit GSA’s Green Procurement Compilation to view the full set of product and service categories with sustainable purchasing requirements.
Overview
FAR Part 23.1 requires contracting officers to purchase, to the maximum extent practicable, products and services that meet sustainable procurement requirements. In addition, Part 23.104(c) requires agencies to prioritize multi-attribute sustainable products and services which are those that meet applicable statutory purchasing program requirements and one or more required EPA purchasing programs. FAR 23.108 describes the required EPA purchasing programs, which includes EPA’s Recommendations of Specifications, Standards and Ecolabels (23.108-3) as of October 2023.
The FAR requires contracting officers to ensure that solicitations and contracts explain the sustainable purchasing requirements relevant to the acquisition. The model contract language EPA is providing helps to ensure that contracts meet these requirements as well as the Omnibus Clause, Sustainable Products and Services at FAR 52.223-23 and FAR 23.1.
EPA recommends that contracting officers include the language provided as a firm requirement in the requirements documents (RFQ, statement of work, PWS) and solicitation.