23.201
Authorities
FAR 23.201 establishes the National Energy Conservation Policy Act as the legal authority for federal Energy Savings Performance Contracts, requiring compliance with its provisions.
Overview
- FAR 23.201 identifies the legal authority for Subpart 23.2, which governs Energy Savings Performance Contracts (ESPCs) in federal procurement. It specifically implements the National Energy Conservation Policy Act (NECPA), codified at 42 U.S.C. 8287, as the statutory basis for federal agencies to enter into ESPCs to improve energy efficiency and reduce costs.
Key Rules
- Implementation of NECPA
- This section establishes that the rules and procedures in Subpart 23.2 are based on the National Energy Conservation Policy Act.
- Authority for ESPCs
- Federal agencies are authorized to use ESPCs as a contracting mechanism for energy conservation projects.
Responsibilities
- Contracting Officers: Must ensure that ESPC actions are consistent with the NECPA and the requirements of Subpart 23.2.
- Contractors: Should understand that ESPCs are governed by NECPA and comply with all related statutory and regulatory requirements.
- Agencies: Must ensure ESPC projects align with the statutory authority and report or document compliance as required.
Practical Implications
- This section clarifies the legal foundation for using ESPCs, ensuring all parties understand the statutory requirements.
- It impacts daily contracting by requiring adherence to NECPA when structuring and executing ESPCs.
- A common pitfall is failing to recognize the statutory limitations or requirements imposed by NECPA, which can lead to noncompliance or contract challenges.