Overview
Subpart 23.8 of the Federal Acquisition Regulation (FAR) is currently designated as "Reserved." This indicates that the previous regulatory content has been removed or relocated, and the section is being held for potential future use to maintain the numbering structure of the FAR.
Key Rules
- No Active Regulatory Text: As a reserved subpart, there are currently no enforceable rules, provisions, or clauses contained within this specific section.
- Historical Context: Historically, Subpart 23.8 governed "Ozone-Depleting Substances and Greenhouse Gases."
- Reorganization: Pursuant to FAC 2024-05 (effective May 22, 2024), FAR Part 23 underwent a massive reorganization to consolidate environmental requirements. The policies previously found in 23.8 have been integrated into other sections, primarily FAR Subpart 23.1 (Sustainable Products and Services).
Responsibilities
- Contracting Officers: Must ensure that new solicitations and contracts do not cite Subpart 23.8 as an active authority. They are responsible for referencing the newly consolidated sections in FAR Part 23 for environmental requirements.
- Regulatory Maintenance Teams: Responsible for monitoring future Federal Acquisition Circulars (FACs) to see if this subpart is repopulated with new regulatory content.
- Contractors: Should focus compliance efforts on the updated FAR 23.1 and the associated clauses in FAR 52.223, rather than looking for guidance in this reserved section.
Practical Implications
- Update Templates: Agencies and prime contractors should update their internal templates, procurement software, and checklists to remove references to FAR 23.8, as it is no longer an active regulatory reference.
- Clause Migration: Requirements for ozone-depleting substances and high global warming potential hydrofluorocarbons are now largely managed under the umbrella of "Sustainable Products and Services." Contracting professionals should look to FAR 52.223-11 (Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons) for actual contract requirements.
- Legal Scrutiny: When performing legal reviews of old contracts, practitioners should note that the content that once lived here has moved; this prevents the mistaken assumption that environmental requirements for greenhouse gases have been deleted entirely from the FAR.