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Overview

This section establishes the legal foundation for FAR Subpart 23.2 by identifying the primary statutory driver for energy and water efficiency requirements in federal procurement.

Key Rules

  • Statutory Implementation: This subpart specifically implements the National Energy Conservation Policy Act (NECPA).
  • Legal Citation: It references 42 U.S.C. 8287, which is the governing statute for federal energy management and energy savings performance contracts.

Practical Implications

  • Legal Basis for ESPCs: This authority allows federal agencies to enter into Energy Savings Performance Contracts (ESPCs), where private contractors provide energy-efficient upgrades that are paid for by the resulting utility cost savings.
  • Compliance Framework: Contracting officers must ensure that energy-related procurement actions comply with the specific mandates and limitations set forth in the National Energy Conservation Policy Act.

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