23.104
General procedures
Contracting officers must document and justify any exceptions to sustainable procurement, clearly identify sustainable and exempt products in contracts, and prioritize statutory and EPA/USDA-designated products using available resources.
Overview
FAR 23.104 outlines the general procedures for procuring sustainable products and services in federal acquisitions. It provides guidance on when exceptions may be made, how to identify applicable products and services in solicitations and contracts, prioritization of sustainable purchasing, and resources for compliance. The section emphasizes the need for written justification if sustainable procurement is deemed impracticable, clear identification of sustainable and exempt items, and prioritization of statutory and EPA/USDA-designated products. Contracting officers must maintain documentation and ensure proper identification in contract documents, while agencies are encouraged to use the Green Procurement Compilation (GPC) as a resource.
Key Rules
- Written Justification for Exceptions
- If sustainable procurement is not practicable, a written justification must be provided and kept in the contract file.
- Identification in Solicitations and Contracts
- Solicitations and contracts must specify which products/services are sustainable and which are exempt, unless the entire contract is covered by a justification, exception, or exemption.
- Prioritization of Sustainable Products
- Agencies must prioritize products meeting statutory requirements, then multi-attribute sustainable products, and finally those meeting EPA requirements if no statutory programs apply.
- Use of Green Procurement Compilation (GPC)
- Agencies should consult the GPC for guidance on sustainable products and applicable purchasing programs.
Responsibilities
- Contracting Officers: Ensure written justifications are obtained and filed, identify sustainable/exempt products in contracts, and follow prioritization rules.
- Contractors: Comply with sustainable procurement requirements and be aware of identified sustainable/exempt products in contracts.
- Agencies: Oversee prioritization and use of resources like the GPC for compliance.
Practical Implications
- This section ensures federal acquisitions support sustainability goals unless justified otherwise.
- It impacts solicitation and contract documentation, requiring clear identification and prioritization of sustainable products.
- Common pitfalls include missing written justifications, improper identification, or failure to consult the GPC for applicable requirements.