Overview
This section establishes the foundational terminology used in FAR Subpart 23.1, defining specific environmental, technical, and geographical parameters for sustainable federal procurement. It aligns procurement vocabulary with EPA and USDA standards regarding recycled materials, biobased products, and climate-impacting substances.
Key Rules
- Broad Scope of Contract Action: Defines a "contract action" as any oral or written agreement resulting in the purchase, rent, or lease of supplies, equipment, services, or construction.
- Environmental Designations:
- EPA-designated items: Products containing recovered materials listed in 40 CFR part 247 with specific purchasing recommendations.
- USDA-designated product categories: Biobased material groupings listed in 7 CFR part 3201.
- Climate and Ozone Standards:
- Establishes "Global warming potential" (GWP) relative to carbon dioxide (1.0).
- Identifies "High global warming potential hydrofluorocarbons" based on the EPA’s Significant New Alternatives Policy (SNAP).
- Categorizes Class I and Class II ozone-depleting substances as designated in 40 CFR part 82.
- Geographic Definition of United States: Includes all 50 states, the District of Columbia, specified commonwealths (Puerto Rico, Northern Mariana Islands), territories (Guam, American Samoa, U.S. Virgin Islands), and associated territorial waters and airspace.
Practical Implications
- Mandatory Resource Referencing: Contracting officers and contractors must consult external technical resources, such as the EPA’s SNAP list and the USDA BioPreferred website, to determine if products meet federal environmental requirements.
- Inclusive Compliance: The broad definition of "contract action" means that environmental sustainability mandates apply to informal and oral agreements, not just traditional written contracts.
- Strict Chemical Restrictions: Procurement requirements effectively prohibit or restrict the acquisition of products containing high-GWP hydrofluorocarbons or Class I/II ozone-depleting substances in favor of safer alternatives.