23.404 Environmental management systems
Source: FAR 23.404 on acquisition.gov
When contractors operate government facilities or vehicles, EMS requirements must be included in contracts and enforced to the same standard as agency operations.
Overview
FAR 23.404 addresses the use of Environmental Management Systems (EMS) by federal agencies and their contractors. Agencies may implement EMS to support their mission and meet Executive Order 14057 goals for sustainability and environmental stewardship. When contractors operate government-owned or -leased facilities or vehicles and their activities impact the agency’s environmental management, EMS requirements must be incorporated into contracts. This ensures contractors fulfill EMS roles and responsibilities as if the agency were operating the facilities or vehicles themselves.
Key Rules
- Inclusion of EMS Requirements in Contracts
- Contracts must include EMS requirements when contractor activities affect the agency’s environmental management aspects.
- Contracting Officer Responsibilities
- The contracting officer must specify which EMS directives the contractor must follow and ensure contractor compliance at the same level required of the agency.
Responsibilities
- Contracting Officers: Must include EMS requirements in contracts, specify applicable EMS directives, and ensure contractor compliance.
- Contractors: Must comply with specified EMS directives and fulfill EMS roles and responsibilities as outlined in the contract.
- Agencies: Oversee EMS implementation and ensure contractors meet the same standards as agency personnel.
Practical Implications
- This section ensures environmental management standards are maintained when contractors operate government assets.
- Contractors must be prepared to integrate EMS requirements into their operations and documentation.
- Failure to comply can result in contractual noncompliance and potential penalties.
Agencies may implement an environmental management system (EMS) when it aligns with and supports its agency's mission needs and facilitates implementation and progress toward https://www.federalregister.gov/executive-order/14057" target="_blank">E.O. 14057 goals. If an agency uses an EMS for contractor operation of Government-owned or -leased facilities or vehicles, and contractor activities affect the agency's environmental management aspects—
(a) EMS requirements shall be included in contracts to ensure proper implementation and execution of EMS roles and responsibilities; and
(b)The contracting officer shall—
(1) Specify the EMS directives with which the contractor must comply; and
(2) Ensure contractor compliance to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles.