Overview
FAR Part 23 establishes the policies and procedures for federal agencies to protect the environment, foster markets for sustainable products, and ensure the safe handling of hazardous materials. It mandates that the government leverage its massive purchasing power to reduce greenhouse gas emissions, promote environmental stewardship, and support resilient, non-toxic supply chains.
Key Rules
- "Maximum Extent Practicable" Standard: Agencies must procure sustainable products and services unless they cannot be acquired competitively, within a reasonable timeframe, meeting performance requirements, or at a reasonable price.
- Life-Cycle Costing: When determining "reasonable price," agencies must consider the cost-effectiveness over the life of the product (e.g., energy savings for ENERGY STAR products) rather than just the initial purchase price.
- The $10,000 Threshold: Statutory purchasing requirements for recovered materials (EPA-designated) and biobased products (USDA-designated) apply if the contract value for those items exceeds $10,000 or if the agency purchased $10,000 worth of functionally equivalent items in the preceding fiscal year.
- Prioritization Hierarchy: Agencies are required to prioritize "multi-attribute" sustainable products—those that meet both statutory programs (like biobased) and EPA recommendations (like ecolabels).
- Standardized Efficiency: For energy-consuming products, agencies must purchase ENERGY STAR certified or FEMP-designated products and adhere to the "one-watt" standby power requirement where applicable.
- Hazardous Materials: Contractors must identify hazardous materials and provide Safety Data Sheets (SDS) before delivery, with specific notice requirements for radioactive materials.
Responsibilities
- Contracting Officers (COs):
- Ensure appropriate environmental clauses and provisions are included in solicitations and contracts.
- Maintain written justifications in the contract file when the procurement of sustainable products is deemed "not practicable."
- Verify contractor certifications for recovered and biobased materials.
- Requiring Activities / Program Managers:
- Identify which sustainable products/services are applicable to the acquisition.
- Provide written justifications to the CO if sustainable requirements cannot be met.
- Prepare and monitor "Affirmative Procurement Programs" for biobased and recycled content.
- Contractors:
- Deliver products that meet sustainable standards, even when incorporated into services or construction.
- Submit pre-award certifications (e.g., 52.223-1, 52.223-4) and post-award reports on the use of biobased or recovered materials.
- Provide immediate notification and documentation (SDS) for hazardous or radioactive materials.
Practical Implications
- Market Research is Paramount: Before drafting a solicitation, the government must use tools like the Green Procurement Compilation (GPC) or SFTool to determine if sustainable alternatives exist for the required supplies or services.
- Applies to COTS and Micro-purchases: Unlike many other FAR parts, the requirement to buy sustainable products applies to Commercial Off-the-Shelf (COTS) items and even purchases at or below the micro-purchase threshold.
- Shift in Evaluation Factors: Technical and requirements personnel must draft specifications that don't inadvertently exclude sustainable products, shifting the focus from "lowest price" to "best value" based on long-term energy and waste savings.
- Compliance in Services/Construction: Contractors should be aware that sustainability requirements apply even if the government is not the end-user—for example, if a contractor uses cleaning products or construction materials as a direct cost to the government, those products must meet Part 23 standards.