23.101 Definitions
Source: FAR 23.101 on acquisition.gov
Understanding and applying these definitions is essential for compliance with sustainable procurement requirements in federal contracts.
Overview
FAR 23.101 provides definitions for key terms used throughout Subpart 23.1, which focuses on sustainable products and services in federal procurement. These definitions clarify the scope and application of environmental requirements, including those related to EPA- and USDA-designated items, global warming potential, hydrofluorocarbons, ozone-depleting substances, and the geographical definition of the "United States." Understanding these terms is essential for proper compliance with sustainability mandates in government contracting.
Key Rules
- Contract Action Definition
- Covers any oral or written action resulting in the purchase, rent, or lease of supplies, equipment, services, or construction.
- EPA-Designated Item
- Refers to products made with recovered material listed by EPA and subject to specific content and purchasing recommendations.
- Global Warming Potential & Hydrofluorocarbons
- Defines how chemicals are measured for climate impact and identifies high global warming potential HFCs per EPA's SNAP program.
- Ozone-Depleting Substance
- Specifies substances classified by EPA as Class I or II, including various chlorofluorocarbons and halons.
- Geographical Scope of United States
- Lists all areas considered part of the U.S. for procurement purposes, including territories and associated waters/airspace.
- USDA-Designated Product Category
- Defines product categories made with biobased materials as listed by USDA.
Responsibilities
- Contracting Officers: Must apply these definitions when interpreting and implementing sustainability requirements in solicitations and contracts.
- Contractors: Should understand these terms to ensure compliance with environmental and sustainability clauses.
- Agencies: Ensure policies and procedures align with these definitions for consistent application.
Practical Implications
- These definitions underpin compliance with sustainable acquisition policies and reporting.
- Misunderstanding or misapplying these terms can lead to noncompliance or missed opportunities for sustainable procurement.
- Contractors should reference these definitions when responding to solicitations or managing contracts involving sustainable products and services.
As used in this subpart—
Contract action means any oral or written action that results in the purchase, rent, or lease of supplies or equipment, services, or construction.
Environmental Protection Agency (EPA)-designated item means a product that is or can be made with recovered material—
(1) That is listed by EPA in a procurement guideline (https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-247" target="_blank">40 CFR part 247); and
(2) For which EPA has provided recommended recovered material content levels and other purchasing recommendations in a related Recovered Materials Advisory Notice (RMAN) (available at https://www.epa.gov/smm/regulatory-background-comprehensive-procurement-guideline-program-cpg#rman" target="_blank">https://www.epa.gov/smm/regulatory-background-comprehensive-procurement-guideline-program-cpg#rman).
Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at https://www.ecfr.gov/current/title-40/part-82/subpart-G" target="_blank">40 CFR part 82, subpart G, with supplemental tables of alternatives available at https://www.epa.gov/snap/" target="_blank">https://www.epa.gov/snap/.
Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.
Ozone-depleting substance means any substance the EPA designates in https://www.ecfr.gov/current/title-40/part-82" target="_blank">40 CFR part 82 as—
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
United States, as defined in the Executive Office of the President's Office of Management and Budget, Council on Environmental Quality, and Climate Policy Office Memorandum M-22-06, when used in a geographical sense means—
(1) The fifty States;
(2) The District of Columbia;
(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;
(4) The territories of Guam, American Samoa, and the United States Virgin Islands; and
(5) Associated territorial waters and airspace.
U.S. Department of Agriculture (USDA)-designated product category means a generic grouping of products that are or can be made with biobased materials—
(1) That are listed by USDA in a procurement guideline (https://www.ecfr.gov/current/title-7/part-3201/subpart-B" target="_blank">7 CFR part 3201, subpart B); and
(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov" target="_blank">https://www.biopreferred.gov).