Overview
This section mandates that contracting officers prioritize the procurement of products and services that meet specific Environmental Protection Agency (EPA) sustainability programs—specifically WaterSense, Safer Choice, and EPA Recommendations of Specifications, Standards, and Ecolabels—after first satisfying statutory requirements.
Key Rules
- Order of Precedence: Contracting officers must meet statutory purchasing requirements (found in FAR 23.107) before applying these EPA-specific program requirements.
- Procurement Standard: Agencies are required to purchase products and services from these programs to the "maximum extent practicable."
- WaterSense® Program: Focuses on water-efficient products that carry independent, third-party certification for performance and efficiency.
- Safer Choice Program: Identifies products with the safest possible chemical ingredients as evaluated by the EPA’s scientific process.
- Environmentally Preferable Purchasing (EPP): Directs agencies toward products meeting multi-attribute or life-cycle based standards and ecolabels, prioritizing those with third-party certification.
Practical Implications
- Market Research: Contracting officers and technical personnel must consult EPA-maintained databases and lists to ensure solicitations include the relevant specifications for water efficiency and chemical safety.
- Compliance and Reporting: Contractors must be prepared to provide documentation of third-party certifications (like the WaterSense or Safer Choice labels) to meet "environmentally preferable" procurement goals in federal contracts.