The Federal Acquisition Regulation (FAR) has been amended to implement a requirement for federal agencies that would modernize the procurement of sustainable products and services (Federal Register, 2024). This ruling amended FAR Part 23 to reflect the following:
- Dedicates FAR part 23 to environmental matters by moving content related to drug-free workplaces and encouraging contractors to ban texting while driving to FAR part 26.
- Adds a definition of “sustainable products and services” in FAR 2.101.
- Consolidates and updates statutory and other environmental purchasing program requirements in FAR subpart 23.1, Sustainable Products and Services.
- Creates a new omnibus contract clause at FAR 52.223-23, Sustainable Products and Services, to uniformly communicate the Government’s requirements for sustainable products and services.
- Dedicates FAR subpart 23.2 to energy savings performance contracts.
- Consolidates requirements related to hazardous and radioactive material in FAR subpart 23.3.
- Consolidates and updates Federal facility and pollution prevention requirements in FAR subpart 23.4.
- Redesignates the remaining content at FAR subpart 23.8 as FAR subpart 23.5.
- Makes other conforming changes throughout the FAR to align with the revision in FAR part 23.
- Updates agency requirements for construction and architect-engineer contracts at FAR 36.104(b)(1) to align with the CEQ’s Guiding Principles for Sustainable Federal Buildings and Associated instructions.
- Removes certain contractor reporting requirements in the clauses at FAR clauses 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons; 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners; and the alternates to FAR clause 52.223-5, Pollution Prevention and Right-to-Know Information.
- Finalizes the interim rule published under FAR Case 2010-001 (see 76 FR 31395, May 31, 2011).
GSA contract holders providing environmental products or services should take note the new ruling as it is applicable to any products or services offered to the federal government.
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