Environment, Sustainable Acquisition, and Material Safety
FAR Part 23 requires federal contractors and agencies to integrate environmental, sustainability, and material safety considerations into all stages of the acquisition process.
Overview
FAR Part 23 establishes the federal government's requirements and policies for environmental protection, sustainable acquisition, and material safety in government contracting. It provides a comprehensive framework for integrating environmental considerations into procurement processes, including mandates for purchasing sustainable products and services, managing hazardous materials, reducing pollution and waste, and addressing greenhouse gas emissions. The part is organized into subparts that cover specific topics such as sustainable acquisition, energy savings performance contracts, hazardous material identification, pollution prevention, and greenhouse gas emissions. Reserved subparts indicate areas for potential future regulation. The structure ensures that contracting officers and contractors are aware of their responsibilities to comply with environmental laws, executive orders, and federal sustainability goals throughout the acquisition lifecycle.
Key Rules
- Sustainable Products and Services
- Requires agencies to prioritize environmentally preferable, energy-efficient, biobased, and recycled-content products and services.
- Energy Savings Performance Contracts
- Provides guidance for contracts that improve energy efficiency in federal facilities.
- Hazardous Material Identification and Material Safety
- Mandates identification, handling, and reporting of hazardous materials and radioactive substances in contracts.
- Pollution Prevention and Waste Reduction
- Establishes requirements for pollution prevention, environmental management systems, and waste reduction programs.
- Greenhouse Gas Emissions
- Addresses policies and solicitation provisions related to reducing greenhouse gas emissions in federal acquisitions.
Responsibilities
- Contracting Officers: Ensure solicitations and contracts include appropriate environmental clauses and comply with sustainable acquisition policies.
- Contractors: Provide required documentation, comply with hazardous material and sustainability requirements, and support agency environmental objectives.
- Agencies: Oversee implementation of environmental policies, monitor compliance, and report on sustainability performance.
Practical Implications
- FAR Part 23 exists to align federal procurement with environmental and sustainability goals, reducing the government's environmental footprint.
- It impacts daily contracting by requiring careful selection of products/services, documentation, and compliance with environmental standards.
- Common pitfalls include failure to identify hazardous materials, omitting required clauses, or not following sustainable purchasing mandates.