Statutory purchasing programs
Agencies and contractors must ensure compliance with statutory purchasing programs for sustainable and regulated products as outlined in FAR 23.107-1 through 23.107-4.
Overview
FAR 23.107 requires agencies to comply with statutory purchasing programs related to sustainable products and services. This section serves as a gateway, directing contracting professionals to specific requirements for purchasing products with recovered materials, biobased products, energy- and water-consuming products, and products involving ozone-depleting substances or high global warming potential hydrofluorocarbons. The regulation ensures that federal procurement aligns with environmental and sustainability statutes, mandating that agencies integrate these considerations into their acquisition processes.
Key Rules
- Compliance with Statutory Purchasing Programs
- Agencies must follow the requirements outlined in sections 23.107-1 through 23.107-4, each addressing a specific category of sustainable or regulated products.
- Reference to Specific Product Categories
- The section highlights four main product categories: recovered materials, biobased products, energy- and water-consuming products, and products with ozone-depleting substances or high-GWP HFCs.
Responsibilities
- Contracting Officers: Must ensure solicitations and contracts comply with the relevant statutory purchasing program requirements for the applicable product categories.
- Contractors: Must provide products that meet the statutory requirements as specified in the solicitation and contract.
- Agencies: Responsible for oversight and ensuring compliance with all applicable statutory purchasing programs.
Practical Implications
- This section exists to ensure federal procurement supports sustainability and environmental protection goals.
- It impacts daily contracting by requiring careful review of product specifications and statutory requirements for certain product categories.
- Common pitfalls include overlooking specific statutory mandates or failing to document compliance with these purchasing programs.