Overview
This section addresses the implementation of Environmental Management Systems (EMS) by agencies and outlines the mandatory requirements for contractors operating government-owned or -leased facilities and vehicles when an EMS is in place.
Key Rules
- Discretionary Implementation: Agencies may implement an EMS to support mission needs and facilitate progress toward Executive Order 14057 goals.
- Contractual Integration: If an agency's EMS covers contractor-operated government facilities or vehicles, the EMS requirements must be explicitly included in the contract to define roles and responsibilities.
- Specification of Directives: The contracting officer is responsible for specifying the exact EMS directives with which the contractor must comply.
- Standard of Compliance: Contractors must comply with EMS requirements to the same extent and degree as the agency would be required to comply if the agency were operating the facilities or vehicles itself.
Practical Implications
- Operational Parity: Contractors operating government sites are held to the same environmental standards as federal employees, requiring robust internal monitoring and reporting systems.
- Solicitation Detail: Contractors should carefully review solicitations for specific agency EMS directives, as these will dictate the administrative and operational costs of environmental compliance.