Subpart 23.1
Sustainable Products and Services
FAR Subpart 23.1 requires federal acquisitions to prioritize sustainable products and services, mandating compliance with statutory and EPA purchasing programs unless specific exceptions or exemptions apply.
Overview
FAR Subpart 23.1 establishes the requirements and procedures for federal agencies and contractors to acquire sustainable products and services. This subpart outlines the definitions, authorities, policies, and general procedures for integrating sustainability into federal procurement. It covers statutory and EPA-mandated purchasing programs, exceptions and exemptions, and the required solicitation provisions and contract clauses. The goal is to ensure that federal acquisitions support environmental protection, resource conservation, and the use of products and services that have a reduced impact on human health and the environment.
Key Rules
- Scope and Definitions
- Clarifies what is covered under sustainable products and services and provides key definitions.
- Policy and Authorities
- Establishes the federal policy to prioritize sustainable acquisition and cites the legal authorities mandating these requirements.
- General Procedures
- Details the steps contracting officers must follow to ensure compliance with sustainability requirements.
- Exceptions and Exemptions
- Identifies circumstances where exceptions or exemptions to sustainable purchasing may apply.
- Statutory and EPA Purchasing Programs
- Requires participation in specific statutory and EPA-designated sustainable purchasing programs.
- Solicitation Provisions and Clauses
- Mandates the inclusion of specific sustainability-related provisions and clauses in solicitations and contracts.
Responsibilities
- Contracting Officers: Must ensure solicitations and contracts comply with sustainable acquisition requirements, apply relevant exceptions/exemptions, and include required clauses.
- Contractors: Must provide products and services that meet sustainability criteria and comply with contract clauses.
- Agencies: Oversee compliance, implement purchasing programs, and report on sustainable acquisition progress.
Practical Implications
- This subpart ensures federal procurement supports environmental goals and legal mandates.
- Contractors must be prepared to demonstrate compliance with sustainability standards and participate in required programs.
- Common issues include misunderstanding exceptions, failing to include required clauses, or not sourcing compliant products/services.