Overview
Subpart 23.7 of the Federal Acquisition Regulation (FAR) is currently designated as "Reserved." This means that the regulatory language previously contained in this section has been removed or relocated, and the section is being held for potential future use to maintain the numerical structure of the FAR.
Key Rules
- No Active Regulations: There are currently no active requirements, clauses, or provisions housed under Subpart 23.7.
- Historical Context: Prior to May 2024, this subpart contained guidance on "Contracting for Environmentally Preferable Products and Services."
- Relocation of Content: Under Federal Acquisition Circular (FAC) 2024-05, the FAR underwent a significant reorganization of Part 23 to streamline sustainable procurement policies. Most requirements previously found here have been consolidated into FAR Subpart 23.1 (Sustainable Products and Services).
Responsibilities
- Contracting Officers: Must ensure they are no longer citing Subpart 23.7 in acquisition plans or solicitation documents. They should instead refer to the updated FAR 23.1 for guidance on sustainable procurement.
- Policy Analysts/Legal Counsel: Responsible for updating agency-level supplements and internal templates to reflect the removal of this subpart to avoid referencing "dead" regulatory citations.
- Contractors: Should be aware that references to this subpart in older contracts are now superseded by the consolidated language in the modernized FAR Part 23.
Practical Implications
- Regulatory Cleanup: In real-world scenarios, if a Statement of Work (SOW) or a Performance Work Statement (PWS) still references FAR 23.7 for "green" purchasing requirements, it is technically outdated.
- Search and Citation: When searching for regulations regarding Electronic Product Environmental Assessment Tool (EPEAT) standards or other environmentally preferable purchasing mandates—which used to live here—practitioners must now look to the new consolidated "Sustainable Products and Services" section at FAR 23.103.
- Audit Readiness: Auditors look for current citations. Utilizing "Reserved" sections in new contract actions can be flagged as a clerical error or a failure to maintain up-to-date regulatory knowledge.