23.102 Authorities
Source: FAR 23.102 on acquisition.gov
FAR 23.102 identifies the foundational executive and statutory authorities that drive federal requirements for sustainable procurement, making them essential references for compliance.
Overview
FAR 23.102 lists the primary authorities that mandate and guide federal sustainability initiatives in procurement. This section references key executive orders, memoranda, and implementing instructions that establish the legal and policy framework for acquiring sustainable products and services. It also points to additional statutory authorities detailed in FAR 23.107, ensuring that contracting professionals are aware of the foundational documents driving sustainable acquisition requirements.
Key Rules
- Executive Order 14057
- Establishes federal sustainability goals, including clean energy and climate resilience, which directly influence procurement policies.
- OMB/CEQ/Climate Policy Office Memorandum M-22-06
- Provides further policy direction and clarifies federal sustainability objectives for agencies.
- Implementing Instructions for EO 14057
- Offers detailed guidance on how agencies should implement sustainability mandates in procurement.
- Statutory Authorities in FAR 23.107
- References additional legal requirements for purchasing sustainable products and services.
Responsibilities
- Contracting Officers: Must be familiar with and apply these authorities when planning and executing acquisitions involving sustainable products and services.
- Contractors: Should understand the underlying authorities to anticipate compliance requirements and align offerings with federal sustainability goals.
- Agencies: Responsible for ensuring procurement policies and practices are consistent with these authorities and reporting on sustainability progress.
Practical Implications
- This section ensures all federal procurement activities related to sustainability are grounded in current executive and statutory mandates.
- Contractors and contracting officers must stay updated on evolving sustainability requirements and guidance.
- Failure to recognize these authorities can result in non-compliance with federal sustainability initiatives, impacting contract eligibility and performance.
(a) Section 208 of https://www.federalregister.gov/executive-order/14057" target="_blank">Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated December 8, 2021.
(b) Paragraph G of section I of the Executive Office of the President's Office of Management and Budget, Council on Environmental Quality, and Climate Policy Office Memorandum https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-06.pdf" target="_blank">M-22-06, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated December 8, 2021.
(c) Implementing instructions for https://www.federalregister.gov/executive-order/14057" target="_blank">Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated August 2022.
(d) The authorities referenced in 23.107 for statutory purchasing programs.