Energy-consuming products and water-consuming products
Federal contracts must prioritize ENERGY STAR® or FEMP-designated energy- and water-consuming products, including low standby power devices, unless a valid exception is documented.
Overview
FAR 23.107-3 establishes requirements for federal agencies to purchase energy- and water-consuming products that are energy- and water-efficient, primarily through the ENERGY STAR® Program and the Federal Energy Management Program (FEMP). The regulation is grounded in several federal statutes and executive orders aimed at promoting energy conservation and efficiency. Agencies must, to the maximum extent practicable, acquire ENERGY STAR® certified or FEMP-designated products, including those with low standby power consumption, unless a specific justification, exception, or exemption applies. When contracting for services or construction that involves providing such products, agencies must ensure compliance with these efficiency standards. The section also provides resources for identifying compliant products and outlines documentation requirements when exceptions are made.
Key Rules
- Statutory and Executive Authority
- Purchases are governed by federal laws and executive orders mandating energy and water efficiency.
- ENERGY STAR® and FEMP Requirements
- Agencies must purchase ENERGY STAR® or FEMP-designated products when available.
- Low Standby Power Devices
- For products with standby power, agencies must meet FEMP wattage recommendations or document reasons for exceptions; if no recommendation exists, products should use no more than one watt in standby mode.
- Service and Construction Contracts
- Contracts for services or construction must specify compliant products.
Responsibilities
- Contracting Officers: Ensure solicitations and contracts require ENERGY STAR® or FEMP-designated products and document exceptions.
- Contractors: Provide products that meet ENERGY STAR® or FEMP standards and comply with standby power requirements.
- Agencies: Oversee compliance, maintain documentation for exceptions, and use provided resources to identify compliant products.
Practical Implications
- This regulation ensures federal purchases support energy and water conservation goals, reducing costs and environmental impact.
- Contractors must be diligent in sourcing compliant products and documenting any exceptions.
- Common pitfalls include failing to specify compliant products in service/construction contracts or neglecting documentation for exceptions.