23.107-3 Energy-consuming products and water-consuming products
Source: FAR 23.107-3 on acquisition.gov
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.
(a) Authorities.
(1) Energy Policy and Conservation Act (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6361&num=0&edition=prelim" target="_blank">42 U.S.C. 6361(a)(1)).
(2) National Energy Conservation Policy Act (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8253&num=0&edition=prelim" target="_blank">42 U.S.C. 8253, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim" target="_blank">8259b, and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8262&num=0&edition=prelim" target="_blank">8262g).
(3) https://www.federalregister.gov/executive-order/11912" target="_blank">Executive Order 11912 of April 13, 1976, Delegations of Authority under the Energy Policy and Conservation Act.
(4) https://www.federalregister.gov/executive-order/13221" target="_blank">Executive Order 13221 of July 31, 2001, Energy-Efficient Standby Power Devices.
(b) Programs —
(1) ENERGY STAR® Program. The ENERGY STAR® program is a voluntary product-labeling initiative that identifies and promotes energy and water efficiency and the reduction of greenhouse gas emissions. This joint U.S. EPA and Department of Energy program helps buyers save money and protect the environment through energy- and water-efficient products and practices.
(2) Federal Energy Management Program (FEMP). FEMP publishes acquisition guidance to help Federal buyers meet requirements for purchasing energy-efficient and water-efficient products. In addition, in product categories not covered by the ENERGY STAR® program, FEMP sets efficiency requirements for product categories that have the potential to generate significant Federal energy savings.
(c) Procedures. To the maximum extent practicable in accordance with 23.104(a), unless a justification, exception, or exemption applies (see 23.104(a), 23.105, and 23.106, respectively)—
(1) When acquiring energy- and water-consuming products listed in the ENERGY STAR® Program or FEMP—
(i) Agencies shall purchase ENERGY STAR® certified or FEMP-designated products; and
(ii) For products that consume power in a standby mode and are listed on FEMP's Low Standby Power Devices product listing at https://www.energy.gov/eere/femp/low-standby-power-product-list" target="_blank">https://www.energy.gov/eere/femp/low-standby-power-product-list, agencies shall—
(A) Purchase items that meet FEMP's standby power wattage recommendation or document the reason for not purchasing such items; or
(B) If FEMP has listed a product without a corresponding wattage recommendation, purchase items that use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one-watt requirement, agencies shall purchase items with the lowest standby wattage practicable; and
(2) When contracting for services or construction that will include the provision of energy- and water-consuming products, agencies shall specify products that comply with the applicable requirements in paragraph (c)(1) of this section.
(d) Resources.
(1) For information on products under the ENERGY STAR® Program, go to https://www.energystar.gov/products" target="_blank">https://www.energystar.gov/products.
(2) For information on energy-efficient products, go to https://www.energy.gov/eere/femp/search-energy-efficient-products" target="_blank">https://www.energy.gov/eere/femp/search-energy-efficient-products.
(3) For information on low standby power products, go to https://www.energy.gov/eere/femp/low-standby-power-product-purchasing-requirements-and-compliance-resources" target="_blank">https://www.energy.gov/eere/femp/low-standby-power-product-purchasing-requirements-and-compliance-resources.