23.402
Authorities
FAR 23.402 establishes the legal foundation for pollution prevention and environmental management requirements in federal contracting, referencing key statutes and executive orders that contractors must follow.
Overview
FAR 23.402 identifies the primary legal authorities that govern federal requirements for pollution prevention, environmental management systems, and waste reduction in government contracting. This section cites three key sources: the Emergency Planning and Community Right-to-Know Act (EPCRA), the Pollution Prevention Act (PPA), and Executive Order 14057. These authorities establish the legal framework for federal agencies and contractors to implement environmentally responsible practices in their operations and procurement activities.
Key Rules
- EPCRA (42 U.S.C. 11001-11050)
- Mandates reporting and planning requirements related to hazardous chemicals to protect communities and the environment.
- PPA (42 U.S.C. 13101-13109)
- Focuses on reducing pollution at its source through changes in production, operation, and raw material use.
- Executive Order 14057
- Directs federal agencies to advance sustainability, clean energy, and pollution prevention in federal operations and procurement.
Responsibilities
- Contracting Officers: Must ensure contract actions comply with the cited statutes and executive order.
- Contractors: Required to adhere to environmental reporting, pollution prevention, and sustainability requirements as specified in contracts.
- Agencies: Responsible for oversight and implementation of environmental management and pollution prevention policies.
Practical Implications
- This section establishes the legal basis for all subsequent pollution prevention and environmental management requirements in federal contracting.
- Contractors should be aware that compliance with these authorities may be incorporated into contract clauses and performance requirements.
- Failure to comply with these authorities can result in contractual, legal, or regulatory consequences.