[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5490-5499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00480]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 7, 11, 23, 36, 39, 42, and 52
[FAR Case 2015-033; Docket No. 2015-0033; Sequence No. 1]
RIN 9000-AN28
Federal Acquisition Regulation: Sustainable Acquisition
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement Executive Order, Planning for
Federal Sustainability in the Next Decade, and the biobased product
acquisition provisions of the Agricultural Act of 2014 (also known as
the 2014 Farm Bill).
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at one of the addresses shown below on
or before March 20, 2017 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FAR Case 2015-033 by any of
the following methods:
Regulations.gov: http://www.regulations.gov.Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2015-033''. Select the link ``Comment Now'' that corresponds with ``FAR
Case 2015-033.'' Follow the instructions provided on the screen. Please
include your name, company name (if any), and ``FAR Case 2015-033'' on
your attached document.
Mail: General Services Administration, Regulatory
Secretariat, ATTN: Ms. Flowers, 1800 F Street NW., 2nd floor,
Washington, DC 20405.
Instructions: Please submit comments only and cite ``FAR Case 2015-
033'' in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst,
at 703-795-6328 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite ``FAR Case 2015-
033.''
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to revise the FAR to implement
policy that will improve agencies' environmental performance and
Federal sustainability. Federal agencies have been the leaders in
reducing building and fleet energy use, using renewable energy, and
buying more sustainable products and services as the United States
works to build a clean energy economy. Building on the progress
achieved to date, President Obama issued Executive Order (E.O.) 13693,
Planning for Federal Sustainability in the Next Decade, on March 19,
2015, published in the Federal Register at 80 FR 15869, on March 25,
2015, to plan for and further expand agency progress in reducing
greenhouse gas emissions over the next decade.
The changes made in this proposed rule continue the improvements
made by the Federal Government to lead by example in protecting the
health of our environment by purchasing sustainable
[[Page 5491]]
products and services. This rule promotes the acquisition of
sustainable products, services, and construction methods in order to
reduce energy and water consumption, reliance on natural resources, and
enhance pollution prevention, within the Federal Government. While the
anticipated costs associated with this rule are not quantified in
dollar amounts, the Councils anticipate that any such impact will be
outweighed by the expected benefits of this rule.
This rule advances the policies put into effect by an interim rule
issued under FAR case 2010-001, ``Sustainable Acquisition'' (published
in the Federal Register at 76 FR 31395, and May 31, 2011), which
established a culture within the Federal acquisition community to
``leverage agency acquisitions to foster markets for sustainable
technologies and materials, products and services.'' The comments
received on the interim rule will be addressed along with any comments
received in response to this rule, in the formulation of the final
rule.
The E.O. directs Federal agencies to continue their leadership in
sustainable acquisition in order to drive national greenhouse gas
reductions and support preparations for the impacts of climate change.
The E.O. directs agencies, where life-cycle cost-effective, to promote
sustainable acquisition and procurement by ensuring that environmental
performance and sustainability factors are included to the maximum
extent practicable for all applicable procurements. These factors
include--
(1) Statutory mandates for purchase preferences for recycled
content products, energy and water efficient products and services
(e.g., ENERGY STAR[supreg] certified and Federal Energy Management
Program (FEMP)-designated products, and biobased products;
(2) Sustainable products and services identified by the
Environmental Protection Agency's (EPA) Significant New Alternatives
Policy (SNAP), WaterSense[supreg], Safer Choice, and SmartWay[supreg]
Transport Partners Programs; and
(3) EPA-recommended specifications, standards, or labels for
environmentally preferable products or products meeting environmental
performance criteria developed by voluntary consensus standards bodies
consistent with the National Technology Transfer and Advancement Act
and Office of Management and Budget (OMB) Circular A-119.
In addition to the changes to sustainable acquisition requirements
made by E.O. 13693, this proposed rule implements sections 9001 and
9002(a) of the Agricultural Act of 2014, Public Law 113-79 (also known
as the 2014 Farm Bill), which revised the definition of ``biobased
product.'' (See 7 U.S.C. 8101 and 8102.)
II. Discussion and Analysis
The initiatives conveyed in E.O. 13693 and reflected in this
proposed rule build on the policies and procedures set in motion by
earlier E.O.s, namely E.O. 13423, ``Strengthening Federal
Environmental, Energy, and Transportation Management,'' and E.O. 13514,
``Federal Leadership in Environmental, Energy, and Economic
Performance,'' so as to further promote sustainable acquisition
practices throughout the Federal Government. Both of these E.O.s were
revoked upon issuance of E.O. 13693.
A summary of the proposed changes is as follows:
A. Definitions
In FAR parts 2 and 23, several new definitions are added and
existing definitions are revised, pursuant to E.O. 13693 and, in
certain instances, the 2014 Farm Bill.
Under FAR subpart 2.1, the definitions of ``biobased product,''
``environmentally preferable,'' and ``sustainable acquisition'' are
revised to reflect the definitions in the 2014 Farm Bill and E.O.
13693. A new definition for the term ``environmentally sustainable
electronic product'' is added and the definition for ``renewable
energy'' has been removed.
A definition of ``sustainable products and services'' is added to
FAR subpart 2.1. This definition includes the expanded scope of Federal
sustainable requirements listed in the sustainable acquisition section
of the E.O. (section 3(i)). E.O. section 3(i)(i) through (iii) also
provides that sustainable products and services include products that
meet EPA recommendations for the use of specifications, standards, and
labels or, in the absence of EPA recommendations, other specifications,
standards, and labels developed by voluntary consensus standards
bodies. The definition of ``sustainable products and services''
reflects these new provisions.
The following definitions have been added or moved to FAR part 23:
The E.O. 13693 definitions of ``clean energy,'' ``alternative
energy'' (along with definitions for specific types of alternative
energy such as ``active capture and storage'', ``combined heat and
power,'' ``fuel cell energy systems,'' and ``thermal renewable energy
technologies''), and ``renewable electric energy'' are added to the
FAR.
A definition of ``life-cycle cost-effective'' is added, based on
the definition of that term in E.O. 13693 and the discussion of life-
cycle costs in the E.O. 13693 implementing instructions.
The definition for ``water consumption intensity'' while unchanged,
has been moved from FAR subpart 2.1 to FAR 23.001 because this term is
used only in FAR part 23, as opposed to multiple areas of the FAR.
The definition of the term ``contract action'' at FAR subpart 23.1
is revised to specify that the term includes task and delivery orders
placed against both new contracts and existing contracts.
A definition of life-cycle cost is added, which echoes the
definition at FAR 7.101.
Finally, the definitions at FAR 23.701, which were related to the
``Electronic products environmental assessment tool'' (EPEAT[supreg]),
have been removed. This topic is discussed further at section II C. of
this preamble.
B. FAR Parts 7 and 11
FAR parts 7 and 11 are updated to reflect the sustainability
factors to be considered in acquisitions. The Web site URL for
accessing the Guiding Principles for Sustainable Federal Buildings and
Associated Instructions is updated in FAR 7.103(p)(3). At FAR
7.105(b)(17) and 11.002, agencies and contractors are referred to GSA's
Green Procurement Compilation, which consolidates all Federal
designations of sustainable products and services into one tool. Also,
in FAR 11.002, guidance is added to ensure agencies are aware they must
acquire sustainable products and services to the maximum extent
practicable.
C. FAR Part 23
The scope of FAR part 23 is revised to note that the sustainable
acquisition prescriptions apply to construction and services contracts
that require the supply or use of products falling within the
sustainable products categories.
FAR 23.100 is revised to reflect the policy established in E.O.
13693 to build a clean energy economy, drive national greenhouse gas
emissions reductions, and support preparations for the impacts of
climate change. The policy continues to apply to contractors operating
Government buildings and is amended to provide that it applies to
contractors operating Government fleet vehicles, in accordance with the
requirement in E.O. 13693.
FAR 23.103 is revised to reflect the E.O. 13693 requirement that
agencies shall advance sustainable acquisition to
[[Page 5492]]
the maximum extent practicable. This is a change from E.O. 13514, which
required that 95 percent of acquisitions include applicable sustainable
product requirements, and is consistent with statutory requirements in
the Resource Conservation and Recovery Act and the Farm Security and
Rural Investment Act that agencies purchase recycled content and
biobased products, respectively, to the maximum extent practicable.
The exceptions in FAR 23.104 are updated to reflect the exceptions
provided under E.O. 13693. The methodology for determining whether a
product or service is life-cycle cost-effective is provided at FAR
23.104(b).
At FAR 23.106, a prescription is added for the new contract clause
at FAR 52.223-XX, Sustainable Products and Services Requirements, which
replaces multiple individual clauses.
FAR subpart 23.2 is amended to implement the energy and water
efficiency, and clean energy acquisition requirements of E.O. 13693. In
particular, FAR 23.202 now focuses on agencies' obligation to improve
water use efficiency and management through the acquisition of water
efficient products and employing water conservation strategies. Since
there will now be one contract clause for sustainable products and
services, the energy-efficient product specific clause prescription in
FAR 23.206 has been removed because it is no longer needed.
In FAR subpart 23.4, the URL for the U.S. Department of
Agriculture's BioPreferred Web site is updated. One requirement from
the 2014 Farm Bill was added: Agencies must add to their affirmative
procurement programs provisions for reporting the quantities and types
of biobased products purchased. Additionally, the prescription to use
the clause at FAR 52.223-17, Affirmative Procurement of EPA-designated
Items in Service and Construction Contracts, is removed. FAR 23.000 now
specifies that sustainable acquisition applies to construction and
services contracts and the new clause at FAR 52.223-XX, Sustainable
Products and Services Requirements, covers products and services
furnished for Government use, incorporated into the construction of a
public building or public work, or furnished for contractor use at a
Federally-controlled facility, so the clause at FAR 52.223-17 is no
longer needed.
FAR subpart 23.7 is revised to reflect the new requirements in E.O.
13693. FAR 23.704, formerly titled ``Electronic products environmental
assessment tool'' (EPEAT[supreg]), required agencies to purchase
EPEAT[supreg]-registered electronic products; however, the Office of
Management and Budget, Office of Federal Procurement Policy has more
recently determined that references to proprietary programs such as
EPEAT[supreg] should be removed from the FAR. Furthermore, E.O. 13693
directs agencies to purchase ``environmentally sustainable electronic
products'' and does not address EPEAT[supreg]-registered products.
Accordingly, the definitions at FAR 23.701 are removed and FAR 23.703
and 23.704 are--updated to reiterate the environmentally preferable
products and services acquisition requirements in E.O. 13693, and
require purchase of ``environmentally sustainable electronic products''
unless an exception or an exemption applies. In addition, new direction
has been placed in FAR 23.703 to require that the item being purchased
must meet or exceed the applicable specifications, standards, or labels
that are recommended by the U.S. Environmental Protection Agency. On
September 25, 2015, published in the Federal Register at 80 FR 57809,
EPA issued interim recommendations for non-Federal standards (e.g.,
state or local Government or third-party source) and labels for Federal
purchasers to use to identify and procure environmentally preferable
products. EPA recommends that agencies procure EPEAT[supreg]-registered
computers, imaging equipment, and televisions. It is possible that in
the future other options may be developed that align with EPA
Guidelines and support the electronic stewardship mandates of E.O.
13693, section 3(l).
FAR 23.705 is amended to remove the requirements to insert the
EPEAT[supreg] clauses. Whether an agency continues to purchase
electronics listed on the EPEAT[supreg] registry, or purchases products
verified to meet EPA recommended specifications, standards, or labels,
it will be able to use the new, single sustainable products and
services clause.
D. FAR Part 36
FAR 36.104 previously required agencies to divert at least 50
percent of their construction and demolition debris by the end of
fiscal year (FY) 2015, in keeping with E.O. 13514. E.O. 13693 requires
agencies to consistently meet the 50 percent diversion goal annually,
rather than by a specific year. Accordingly, FAR 36.104 is revised to
delete the FY 2015 date for meeting the construction and demolition
debris diversion goal. The updated Web site URL for accessing the
Guiding Principles for Sustainable Federal Buildings and Associated
Instructions also is provided.
E. FAR Part 39
FAR 39.101 is amended to delete the reference to EPEAT[supreg] and
substitute EPA-recommended specifications, standards, or labels for
environmentally sustainable electronic products. A new paragraph has
been added, directing agencies to consider climate change-related risks
when acquiring information technology. This guidance supports the
requirement in section 13 of E.O. 13693, for agencies to identify and
address the projected impacts of climate change in mission critical
operations, such as communication.
F. FAR Part 52
FAR part 52 is revised to update E.O. references and incorporate
the policies reflected in E.O. 13693. The modified clauses include--
FAR 52.212-5, Contract Terms and Conditions Required to
Implement Statutes or ExecutiveOrders--Commercial Items--deletion of
references to the EPEAT[supreg] clauses and addition of the new clause
for sustainable products and services requirements;
FAR 52.213-4, Terms and Conditions-Simplified Acquisitions
(Other Than Commercial Items)--amendment of E.O. reference, addition of
the new FAR clause 52.223-XX Sustainable Products and Services
Requirements is added, and deletion of FAR 52.223-15;
FAR 52.223-1, Biobased Product Certification--updated
statutory reference
FAR 52.223-2, Affirmative Procurement of Biobased Products
Under Service and Construction Contracts--revised the title to reflect
the clause focus on contractor reporting of biobased products supplied
or used under service and construction contracts;
FAR 52.223-5, Pollution Prevention and Right-to-Know
Information--amendment of E.O. reference; and
FAR 52.223-10, Waste Reduction Program--amendment of E.O.
reference.
To address the removal of references to EPEAT from the FAR and move
to a new single clause for sustainable products and services, the
following FAR clauses are deleted:
FAR 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging
Equipment.
FAR 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions.
FAR 52.223-15, Energy Efficiency in Energy-Consuming Products.
[[Page 5493]]
FAR 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal
Computer Products.
FAR 52.223-17, Affirmative Procurement of EPA-designated Items in
Service and Construction Contracts.
A new clause at FAR 52.223-XX, Sustainable Products and Services
Requirements, is added to implement E.O. 13693's expanded list of
environmental and sustainability programs that agencies shall consider
when purchasing products and services. Rather than adding new clauses
when EPA recommends additional specifications, standards, and labels,
this clause refers to GSA's Green Procurement Compilation for the
current requirements and recommendations for purchasing sustainable
products and services.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule proposes to add a new clause at FAR 52.223-XX,
Sustainable Products and Services Requirements, which requires
contractors performing on Federal contracts to furnish or incorporate
into the performance of a service or construction of a public building
or public work or use, in connection with the contractors' performance
at a Federally-controlled facility, sustainable products and services.
Application of this clause to solicitations and contracts at or below
the simplified acquisition threshold (SAT) and to the acquisition of
commercial items, including commercially available off-the-shelf (COTS)
items, is necessary in order to comply with the Executive Order.
41 U.S.C. 1905 through 1907 make certain provisions of law
inapplicable to solicitations and contracts at or below the simplified
acquisition threshold (SAT) and to the acquisition of commercial items,
including commercially available off-the-shelf (COTS) items, unless the
FAR Council/Administrator for Federal Procurement Policy determine that
such exemption from the statute would not be in the best interest of
the Federal Government. However, 41 U.S.C. 1905 through 1907 are only
applicable to statutory provisions, not Executive orders.
IV. Executive Orders 12866 and 13563
E.O.s 12866 and 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This is a
significant regulatory action and, therefore, was subject to review
under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
V. Regulatory Flexibility Act
The proposed rule may have significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The Initial
Regulatory Flexibility Analysis (IRFA) is summarized as follows:
The requirements for this proposed rule may impact acquisitions
covering a wide array of the products and services and related
industry sectors within the Federal supplier base including
information technology and telecommunications, managerial and
administrative support services, installation, maintenance, repair,
and rebuilding of equipment, janitorial, construction,
manufacturing, and energy. However, Federal contractors have already
been required to provide products, services, and construction effort
that meet the majority of sustainable acquisition requirements of
E.O. 13693, under previous E.O.s, laws, and sustainability programs.
Some sustainable products, such as energy and water-efficient
products and services, are less expensive than conventional options
while other products and services will realize cost savings over the
lifecycle of the product. The latter grouping of products and
service may require a higher start-up investment on the part of the
contractor, but as demand for products with reduced environmental
and human health impacts grows, prices of greener products will
decrease. In addition, the rule may have net benefits for small
businesses by creating opportunities for them to supply sustainable
products and services.
Federal Procurement Data System (FPDS) data obtained on June 21,
2016, reveals that approximately 112,150 unique contractors were
awarded Federal contracts during fiscal year (FY) 2015. Of the total
number of vendors that received contracts in FY 2015, approximately
75,000 or 67 percent were unique small business concerns. Based on
this information, it is estimated that in future years, a similar
number of small business concerns will receive contracts subject to
the requirements of this rule.
This proposed rule does not include any new reporting,
recordkeeping, or other compliance requirements for small
businesses. The proposed rule does not duplicate, overlap, or
conflict with any other Federal rules.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. DoD, GSA and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule
consistent with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-033),
in correspondence.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, the proposed changes to the FAR do not impose additional
information collection requirements to the paperwork burden. The
pertinent, previously approved OMB control numbers include 9000-0147,
``Pollution Prevention and Right-to-Know Information,'' and 9000-0180,
``Biobased Procurements.''
List of Subjects in 48 CFR Parts 2, 4, 7, 11, 23, 36, 39, 42, and
52
Government procurement.
Dated: January 5, 2017.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA are proposing to amend 48 CFR parts
2, 4, 7, 11, 23, 36, 39, 42, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 7, 11, 23, 36, 39, 42,
and 52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 2--DEFINITIONS OF WORDS AND TERMS
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2. Amend section 2.101, in paragraph (b)(2), by--
0
a. Revising the definitions ``Biobased product'', and ``Environmentally
preferable'';
0
b. Adding, in alphabetical order, the definition ``Environmentally
sustainable electronic product'';
0
c. Removing the definition ``Renewable energy'';
0
d. Revising the definition ``Sustainable acquisition'';
0
e. Adding, in alphabetical order, the definition ``Sustainable products
and Services''; and
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f. Removing the definition ``Water consumption intensity''.
The revisions and additions read as follows:
[[Page 5494]]
2.101 Definitions.
(b) * * *
(2) * * *
Biobased product means a product determined by the U.S. Department
of Agriculture to be a commercial or industrial product (other than
food or feed) that is composed, in whole or in significant part, of
biological products, including renewable domestic agricultural
materials and forestry materials or that is an intermediate ingredient
or feedstock. The term includes, with respect to forestry materials,
forest products that meet biobased content requirements,
notwithstanding the market share the product holds, the age of the
product, or whether the market for the product is new or emerging.
* * * * *
Environmentally preferable means that products or services have a
lesser or reduced effect on human health and the environment when
compared with competing products or services that serve the same
purpose. This comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal related to the product or service.
Environmentally sustainable electronic product means an electronic
product that is ENERGY STAR[supreg] certified or Federal Energy
Management Program (FEMP) designated, as applicable, and meets or
exceeds the applicable specifications, standards, or labels that are
recommended by the U.S. Environmental Protection Agency, (see https://www.epa.gov/greenerproducts).
* * * * *
Sustainable acquisition means ensuring that environmental
performance and other sustainability requirements, as prescribed in
part 23, are included to the maximum extent practicable in the
planning, award, and execution phases of acquisitions.
Sustainable products and services means products and services,
including construction, that--
(1) Meet statutory mandates for purchasing--
(i) Recycled content products designated by the U.S. Environmental
Protection Agency (EPA) under the Comprehensive Procurement Guidelines;
(ii) Energy and water efficient products such as ENERGY
STAR[supreg] certified and Federal Energy Management Program (FEMP)-
designated products identified by EPA and the U.S. Department of
Energy; and
(iii) Biobased content products meeting the content requirement of
the U.S. Department of Agriculture under the BioPreferred[supreg]
program;
(2) Are identified by EPA programs, including--
(i) Significant New Alternatives Policy (SNAP) chemicals or other
alternatives to ozone-depleting substances, and products and services
that minimize or eliminate, when feasible, the use, release, or
emission of high global warming potential hydrofluorocarbons, such as
by using reclaimed instead of virgin hydrofluorocarbons;
(ii) WaterSense[supreg] certified products and services (water
efficient products);
(iii) Safer Choice Certified products (chemically intensive
products that contain safer ingredients); and
(iv) SmartWay[supreg] Transport partners and SmartWay[supreg]
products (fuel efficient products and services); or
(3) Are environmentally preferable products or services that--
(i) Meet or exceed specifications, standards, or labels recommended
by EPA, (see https://www.epa.gov/greenerproducts); or
(ii) Where there is no specification, standard, or label
recommended by EPA for a specific product or service category, meet
environmental performance criteria developed or adopted by voluntary
consensus standards bodies consistent with section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (Public Law
104-113) and Office of Management and Budget Circular A-119).
* * * * *
PART 4--ADMINISTRATIVE MATTERS
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3. Amend section 4.302 by revising paragraph (a) to read as follows:
4.302 Policy.
(a) Section 3(j) of Executive Order 13693 of March 19, 2015,
Planning for Federal Sustainability in the Next Decade, directs
agencies to reduce and prevent waste. Electronic commerce methods (see
4.502) and double-sided printing and copying are examples of best
practices for waste prevention.
* * * * *
PART 7--ACQUISITION PLANNING
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4. Amend section 7.103 by revising paragraphs (p)(1) through (p)(3) to
read as follows:
7.103 Agency-head responsibilities.
* * * * *
(p) Ensuring that agency planners--
(1) Specify needs for uncoated printing and writing paper
containing 30 percent postconsumer recycled content or higher,
consistent with section 3(i)(v) of Executive Order 13693 of March 19,
2015, Planning for Federal Sustainability in the Next Decade;
(2) Comply with the policy in 11.002(d) regarding procurement of
sustainable products and services (as defined in 2.101);
(3) Comply with the Guiding Principles for Sustainable Federal and
Associated Instructions (Guiding Principles), for the design,
construction, renovation, repair, or deconstruction of Federal
buildings. The Guiding Principles can be accessed at https://www.wbdg.org/references/fhpsb.php; and
* * * * *
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4. Amend section 7.105 by revising paragraph (b)(17) to read as
follows:
7.105 Contents of written acquisition plans.
* * * * *
(b) * * *
(17) Environmental and energy conservation objectives. Discuss--
(i) The applicable environmental and energy conservation objectives
associated with the acquisition (see part 23);
(ii) The applicability of an environmental assessment or
environmental impact statement (see 40 CFR 1502);
(iii) The proposed resolution of environmental issues;
(iv) Any environmentally-related requirements to be included in
solicitations and contracts (see 11.002 and 11.303); and
(v) The requirements for the acquisition or use of sustainable
products and services (as defined in 2.101). A compilation of the
Federal sustainability criteria for various products and services is
found on GSA's Green Procurement Compilation at https://www.sftool.gov/greenprocurement/. The EPA's recommendations for specifications,
standards or labels that can be used for purchasing sustainable
products and services are available at https://www.epa.gov/greenerproducts.
* * * * *
PART 11--DESCRIBING AGENCY NEEDS
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5. Amend section 11.002 by revising paragraph (d)(1) and the
introductory text of paragraph (d)(2) to read as follows:
11.002 Policy.
* * * * *
(d)(1) Statutes and Executive orders identified in part 23 require
agencies to
[[Page 5495]]
acquire sustainable products and services (as defined in 2.101) to the
maximum extent practicable. To find sustainable products and services,
visit GSA's Green Procurement Compilation at https://www.sftool.gov/greenprocurement.
(2) Unless an exception applies and is documented by the requiring
activity, Executive agencies shall, to the maximum extent practicable,
require the use of sustainable products and services when--
* * * * *
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6. Amend section 11.303 by removing paragraphs (a) and (b); and adding
a new introductory paragraph to read as follows:
11.303 Special requirements for paper.
When purchasing uncoated printing and writing paper (e.g., copier
paper, envelopes, etc.), or products printed on uncoated printing and
writing paper, agencies shall require that the paper contain at least
30 percent postconsumer recycled content or higher (Executive Order
13693 of March 19, 2015, Planning for Federal Sustainability in the
Next Decade).
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7. Amend part 23 by revising the part heading to read as follows:
PART 23--ENVIRONMENT, ENERGY, OCCUPATIONAL SAFETY, AND DRUG-FREE
WORKPLACE
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8. Revise section 23.000 to read as follows:
23.000 Scope.
This part prescribes acquisition policies and procedures supporting
the Government's program for ensuring a drug-free workplace, for
protecting and improving the quality of the environment, and to acquire
and foster markets for sustainable technologies, materials, products,
and services, including construction, (see GSA's Green Procurement
Compilation at https://sftool.gov/greenprocurement) and encouraging the
safe operations of vehicles by--
* * * * *
0
9. Amend section 23.001 by--
0
a. Adding, in alphabetical order, the definitions ``Active capture and
storage'', ``Alternative energy'', ``Clean energy'', ``Combined heat
and power'', and ``Fuel cell energy systems'';
0
b. Revising the definition ``Greenhouse gases''; and
0
c. Adding, in alphabetical order, the definitions ``Life-cycle cost'',
``Life-cycle cost effective'', ``Renewable electric energy'', ``Thermal
renewable energy technologies'', and ``Water consumption intensity''.
The additions and revision read as follows:
23.001 Definitions.
* * * * *
Active capture and storage means a set of technologies that
captures carbon dioxide from power plants, transports the captured
carbon dioxide to a sequestration well, and injects the carbon dioxide
into the sequestration well in a way that prevents the gas from
escaping from the well and back into the atmosphere. These technologies
are also referred to as carbon capture and storage technologies.
Alternative energy means energy generated from technologies and
approaches that advance renewable heat sources, including biomass,
solar thermal, geothermal, waste heat, and renewable combined heat and
power processes; combined heat and power; fuel cell energy systems; and
energy generation, where active capture and storage of carbon dioxide
emissions associated with that energy generation is verified.
Clean energy means renewable electric energy and alternative
energy.
Combined heat and power means systems that capture energy that is
normally lost in centralized power generation and convert that energy
to provide heating and cooling. They are also known as co-generation
systems.
* * * * *
Fuel cell energy systems means stationary or distributed generation
projects used for baseload power, backup power, power for remote
locations, and cogeneration. Stationary fuel cells typically use
natural gas, or a renewable energy equivalent such as biogas, to
produce either electricity or combined heat and electricity.
Greenhouse gases means carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur
hexafluoride.
Life-cycle cost means the total cost to the Government of
acquiring, operating, supporting, and (if applicable) disposing of the
items being acquired.
Life-cycle cost-effective means that the life-cycle costs of a
product are estimated to be equal to or less than the base case (i.e.,
current or standard practice or product). In some cases, a life-cycle
cost-effective product may result in a higher up front cost with lower
operations or maintenance costs or longer life.
Renewable electric energy means energy produced by solar, wind,
biomass, landfill gas, ocean (including tidal, wave, current, and
thermal), geothermal, geothermal heat pumps, microturbines, municipal
solid waste, or new hydroelectric generation capacity achieved from
increased efficiency or additions of new capacity at an existing
hydroelectric project (Executive Order 13693 of March 19, 2015,
Planning for Federal Sustainability in the Next Decade).
Thermal renewable energy technologies means solar, wood, biomass,
and landfill gas systems that exclusively produce non-electric energy
(i.e., heating or cooling).
* * * * *
Water consumption intensity means water consumption per square foot
of building space.
23.002 [Reserved]
0
10. Remove and reserve section 23.002.
0
11. Add section 23.100 to read as follows:
23.100 Policy.
(a) This subpart prescribes the policies and procedures for the
acquisition of sustainable products and services. The Government's
policy is to build a clean energy economy that will sustain the
environment for generations to come. Federal leadership in sustainable
acquisition will continue to drive national greenhouse gas reductions
and support preparations for the impacts of climate change.
(b) Except as provided at 23.104 and 23.105 of this subpart, the
Government's policy on sustainable acquisition applies to--
(1) All acquisitions, including those using part 12 procedures and
those at or below the micro-purchase threshold; and
(2) Contractors operating Government buildings and vehicles.
Executive Order 13693 of March 19, 2015, Planning for Federal
Sustainability in the Next Decade, section 7(d), requires that leases
and contracts for lessor or contractor operation of Government-owned
buildings or vehicles facilitate the agency's compliance with the
Executive Order.
0
12. Amend section 23.101 by revising the first sentence of the
definition ``Contract action'' to read as follows:
23.101 Definition.
* * * * *
Contract action means any oral or written action, including task
and delivery orders, that results in the purchase, rent, or lease of
supplies or equipment, services, or construction using appropriated
dollars, including purchases below the micro-purchase threshold.
* * * * *
[[Page 5496]]
0
13. Revise section 23.102 to read as follows:
23.102 Authorities.
(a) Executive Order 13693 of March 19, 2015, Planning for Federal
Sustainability in the Next Decade.
(b) All of the authorities specified in subparts 23.2, 23.4, 23.7,
23.8, and 23.10.
0
14. Amend section 23.103 by--
0
a. Revising the section heading and paragraph (a); and
0
b. Removing paragraph (d).
The revisions read as follows:
23.103 Acquisition of sustainable products and services.
(a) Federal agencies shall advance sustainable acquisition by
ensuring that new contract actions for the supply of products and for
the acquisition of services (including construction) require
sustainable products and services (as defined in 2.101) to the maximum
extent practicable (see GSA's Green Procurement Compilation at https://www.sftool.gov/greenprocurement).
* * * * *
0
15. Revise section 23.104 to read as follows:
23.104 Exceptions.
(a) This subpart does not apply to the following acquisitions:
(1) Contracts performed outside of the United States, unless the
agency head determines that such application is in the interest of the
United States.
(2) Acquisition of sustainable products or services that are not
considered practicable due to one or more of the following conditions--
(i) A product or service cannot be acquired that meets reasonable
performance requirements;
(ii) A product or service cannot be acquired competitively within
the required delivery or performance schedule;
(iii) A product or service cannot be acquired at a reasonable
price, i.e., life-cycle cost-effective (see paragraph (b)); or
(iv) An ENERGY STAR[supreg] certified product or FEMP-designated
product is not life-cycle cost-effective (see section 23.204).
(b)(1) The price shall be deemed unreasonable when the total life-
cycle costs are significantly higher for the sustainable product or
service compared to the non-sustainable product or service.
(2) Life-cycle costs are determined by combining the purchase price
of a product or service with any net costs or savings revenues
generated from that product or service during its life.
(c) If at any point during the acquisition it is determined that a
contract action cannot comply with the sustainable requirements for one
of the reasons listed in paragraph (a)(2) of this section, the
contracting officer shall obtain the documented rationale from the
requiring activity and ensure that this documentation is maintained in
the contract file.
0
16. Add section 23.106 to read as follows:
23.106 Contract clause.
When purchasing sustainable products or services, except as
provided at 23.104 and 23.105, insert the clause at 52.223-XX,
Sustainable Products and Services Requirements, in solicitations and
contracts.
Subpart 23.2--Energy Efficient Products, Water Efficient Products
and Services, Renewable Electric Energy, and Alternative Energy
0
17. Revise subpart heading 23.2 as set forth above.
0
18. Amend section 23.201 by revising paragraphs (g) and (h) to read as
follows:
23.201 Authorities.
* * * * *
(g) Executive Order 13693 of March 19, 2015, Planning for Federal
Sustainability in the Next Decade.
(h) Section 438 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17094).
0
19. Revise section 23.202 to read as follows:
23.202 Water efficient products and services.
Agencies shall improve water use efficiency and management,
including stormwater management by--
(a) Reducing potable water consumption intensity by purchasing
WaterSense[supreg] and other water efficient products and implementing
water efficient strategies;
(b) Purchasing and installing water meters and water loss
monitoring services; and
(c) Purchasing and installing appropriate green infrastructure
features on Federally owned property to help with stormwater and
wastewater management in accordance with section 438 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17094). (See https://www.epa.gov/greeningepa/technical-guidance-implementing-stormwater-runoff-requirements-federal-projects for additional information
regarding green infrastructure.)
0
20. Amend section 23.203 by revising paragraph (b)(2) to read as
follows:
23.203 Energy-efficient products.
* * * * *
(b) * * *
(2) FEMP at http://energy.gov/eere/femp/energy-and-water-efficient-products.
23.206 [Reserved]
0
21. Remove and reserve section 23.206.
0
22. Amend section 23.401 by revising paragraph (b)(2) to read as
follows:
23.401 Definitions.
* * * * *
(b) * * *
(2) For which USDA has provided purchasing recommendations
available at http://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml.
0
23. Amend section 23.402 by revising paragraphs (c) and (d); and
removing paragraph (e).
The revisions read as follows:
23.402 Authorities.
* * * * *
(c) The Energy Policy Act of 2005, Pub. L. 109-58.
(d) Executive Order 13693 of March 19, 2015, Planning for Federal
Sustainability in the Next Decade.
0
24. Amend section 23.404 by--
0
a. Removing from paragraph (a)(3)(iii) the word ``and'';
0
b. Redesignating paragraph (a)(3)(iv) as paragraph (a)(3)(v); and
0
c. Adding a new paragraph (a)(3)(iv).
The revision and addition read as follows:
23.404 Agency affirmative procurement programs.
(a) * * *
(3) * * *
(iv) For USDA-designated items only, provisions for reporting
quantities and types of biobased products purchased by the Federal
agency; and
* * * * *
23.405 [Amended]
0
25. Amend section 23.405 by removing from paragraph (a)(2) ``http://www.biopreferred.gov'' and adding ``https://www.biopreferred.gov/BioPreferred/'' in its place.
0
26. Amend section 23.406 by revising paragraphs (b) and (c); and
removing paragraph (e) to read as follows:
23.406 Solicitation provisions and contract clauses.
* * * * *
(b) Insert the clause at 52.223-2, Reporting of Biobased Products
Under Service and Construction Contracts, in service or construction
solicitations and contracts, unless the contract will not involve the
use of USDA-designated
[[Page 5497]]
items at https://www.biopreferred.gov/BioPreferred/ or 7 CFR part 3201.
(c) Except for the acquisition of commercially available off-the-
shelf items, insert the provision at 52.223-4, Recovered Material
Certification, in solicitations that require the delivery or specify
the use of EPA-designated items.
* * * * *
0
27. Revise 23.700 to read as follows:
23.700 Scope.
This subpart prescribes policies for acquiring environmentally
preferable products and services, including environmentally sustainable
electronic products.
23.701 [Reserved]
0
28. Remove and reserve section 23.701.
0
29. Amend section 23.702 by removing paragraphs (f) and (g); and adding
a new paragraph (f) to read as follows:
23.702 Authorities.
* * * * *
(f) Executive Order 13693 of March 19, 2015, Planning for Federal
Sustainability in the Next Decade.
0
30. Revise section 23.703 to read as follows:
23.703 Policy.
Agencies must--
(a) Purchase environmentally preferable products or services that--
(1) Meet or exceed specifications, standards, or labels recommended
by EPA (see https://www.epa.gov/greenerproducts/); or
(2) If no EPA recommendations are available for the product or
service the agency is procuring, meet environmental performance
criteria developed or adopted by voluntary consensus standards bodies
consistent with section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (Pub. L. 104-113) and the Office of Management
and Budget (OMB) Circular A-119; and
(b) Realize life-cycle cost savings.
0
31. Revise section 23.704 to read as follows:
23.704 Environmentally sustainable electronic products.
(a) Agencies shall procure environmentally sustainable electronic
products (as defined in 2.101), unless an exception in 23.104 or an
exemption in 23.105 applies. The Web site at https://www.epa.gov/greenerproducts/ identifies a registry of environmentally sustainable
products that meet the EPA's recommended specifications, standards, or
labels. The award of a contract to satisfy an agency's requirement for
an electronic product must be made to a contractor that offers products
currently listed on the registry.
(b) This section applies to acquisitions of electronic products to
be used in the United States, unless otherwise provided by agency
procedures. When acquiring electronic products to be used outside the
United States, agencies must use their best efforts to comply with this
section.
23.705 [Amended]
0
32. Amend section 23.705 by redesignating paragraph (a) as the
introductory paragraph; and removing paragraphs (b) through (d).
0
33. Revise section 23.901 to read as follows:
23.901 Authority.
Executive Order 13693 of March 19, 2015, Planning for Federal
Sustainability in the Next Decade.
0
34. Amend section 23.1001 by revising paragraph (c) and removing
paragraph (d).
The revision reads as follows:
23.1001 Authorities.
* * * * *
(c) Executive Order 13693 of March 19, 2015, Planning for Federal
Sustainability in the Next Decade.
0
35. Amend section 23.1004 by--
0
a. Revising paragraph (a)(2); and
0
b. Removing from paragraph (b), introductory text, ``E.O. 13423'' and
adding ``E.O. 13693'' in its place.
The revisions read as follows:
23.1004 Requirements.
(a) * * *
(1) * * *
(2) The toxic chemical and hazardous substance release and use
reduction goals of sections 3(j) and (7)(d) of Executive Order 13693.
* * * * *
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
36. Amend section 36.104 by revising paragraphs (b)(1) and (5) to read
as follows:
36.104 Policy.
* * * * *
(b) * * *
(1) Ensure that all new construction, major renovation, or repair
and alteration of Federal buildings complies with the Guiding
Principles for Sustainable Federal Buildings and Associated
Instructions (available at http://www.wbdg.org/references/fhpsb.php);
* * * * *
(5) Ensure pollution prevention and eliminate waste by diverting at
least 50 percent of construction and demolition materials and debris.
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
0
37. Amend section 39.101 by revising paragraph (a)(1)(ii); and adding
paragraph (a)(1)(v) to read as follows:
39.101 Policy.
(a)(1) * * *
(ii) Specifications, standards, or labels for environmentally
sustainable electronic products recommended by the U.S. Environmental
Protection Agency (see 23.704);
* * * * *
(v) Policies to prepare for climate change-related risks (such as
increased frequency of extreme weather events, increases in maximum
temperatures, and sea level rise), including risk to mission critical
communications, such as telecommunications and data centers.
* * * * *
0
38. Amend section 39.102 by revising paragraph (b) to read as follows:
39.102 Management of risk.
* * * * *
(b) Types of risk may include schedule risk, risk of technical
obsolescence, cost risk, risk implicit in a particular contract type,
technical feasibility, dependencies between a new project and other
projects or systems, the number of simultaneous high risk projects to
be monitored, funding availability, program management risk, and
projected impacts of climate change.
* * * * *
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
39. Amend section 42.302 by revising paragraph (a)(68)(ii) to read as
follows:
42.302 Contract administration functions.
(a) * * *
(68) * * *
(ii) Monitoring contractor compliance with specifications or other
contractual requirements requiring the delivery or use of sustainable
products and services (as defined in 2.101). This must occur as part of
the quality assurance procedures set forth in Part 46; and
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
40. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
0
b. Removing from paragraph (c)(1)(xvi) ``Affirmative Procurement'' and
adding ``Reporting'' in its place.
[[Page 5498]]
The revision reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (Date)
* * * * *
0
41. Amend section 52.212-5 by--
0
a. Revising the date of the clause and paragraph (b)(40);
0
b. Removing paragraphs (b)(41) through (43); and
0
c. Redesignate paragraphs (b)(44) through (60) as paragraphs (b)(41)
through (b)(57), respectively.
The revisions read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (Date)
* * * * *
(b) * * *
__(40) 52.223-XX Sustainable Products and Services Requirements
(Date) (E.O. 13693).
* * * * *
0
42. Amend section 52.213-4 by revising the date of the clause,
paragraphs (b)(1)(x) and (b)(1)(xiii) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Date)
* * * * *
(b) * * *
(1) * * *
(x) 52.223-5, Pollution Prevention and Right-to-Know Information
(Date) (E.O. 13693) (Applies to services performed on Federal
facilities).
* * * * *
(xiii) 52.223-XX, Sustainable Products and Services Requirements
(Date) (E.O. 13693) (Applies to acquisitions for sustainable products
and services).
* * * * *
0
43. Amend section 52.223-1 by--
0
a. Revising the date of the provision; and
0
b. Removing from the provision ``(7 U.S.C. 8102(c)(3))'' and adding
``(7 U.S.C. 8102(a)(2)(F))'' in its place.
The revision reads as follows:
52.223-1 Biobased Product Certification.
* * * * *
Biobased Product Certification (Date)
* * * * *
0
44. Amend section 52.223-2 by revising the section heading, the date of
the clause, and the clause to read as follows:
52.223-2 Reporting of Biobased Products Under Service and Construction
Contracts.
* * * * *
Reporting of Biobased Products Under Service and Construction Contracts
(Date)
(a) Report to https://www.sam.gov, with a copy to the
Contracting Officer, on the product types and dollar value of any
USDA-designated biobased products purchased by the Contractor during
the previous Government fiscal year, between October 1 and September
30; and
(b) Submit this report no later than--
(1) October 31 of each year during contract performance; and
(2) At the end of contract performance.
(End of clause)
0
45. Amend section 52.223-5 by--
0
a. Revising the date on the clause;
0
b. Removing from paragraph (c), introductory text, ``all information''
and adding ``the following information as'' in its place;
0
c. Revising paragraph (c)(6);
0
d. Revising the date of Alternate I and paragraph (c)(7);
0
e. Revising the date of Alternate II and paragraph (c)(7).
The revisions read as follows:
52.223-5 Pollution Prevention and Right-to-Know Information.
* * * * *
Pollution Prevention and Right-to-Know Information (Date)
* * * * *
(c) * * *
(6) The toxic chemical and hazardous substance release and use
reduction goals of section 3(j) of Executive Order 13693.
* * * * *
Alternate I (Date). * * *
(c)(7) The facility environmental management system.
Alternate II (Date). * * *
(c)(7) The facility compliance audits.
0
46. Amend section 52.223-10 by--
0
a. Removing from the introductory paragraph ``23.705(a)'' and adding
``23.705'' in its place;
0
b. Revising the date of the clause;
0
c. Revising the first sentence of paragraph (b).
The revisions read as follows:
52.223-10 Waste Reduction Program.
* * * * *
Waste Reduction Program (Date)
* * * * *
(b) Consistent with the requirements of sections 3(j) and 7(d) of
Executive Order 13693, the Contractor shall establish a program to
promote cost-effective waste reduction in all operations and facilities
covered by this contract. * * *
* * * * *
52.223-13 thru 52.223-17 [Reserved]
0
47. Remove and reserve sections 52.223-13 thru 52.223-17.
0
48. Add section 52.223-XX to read as follows:
52.223-XX Sustainable Products and Services Requirements
As prescribed in 23.106, insert the following clause,
Sustainable Products and Services Requirements (Date)
(a) Definitions. As used in this clause--
Green Procurement Compilation, means a public Web site that
identifies Federal sustainable acquisition requirements and provides
other guidance for the purchase of sustainable products and
services.
Sustainable products and services means products and services,
including construction, that--
(1) Meet statutory mandates for purchasing--
(i) Recycled content products designated by the U.S.
Environmental Protection Agency (EPA) under the Comprehensive
Procurement Guidelines;
(ii) Energy and water efficient products such as ENERGY
STAR[supreg] certified and Federal Energy Management Program (FEMP)-
designated products identified by EPA and the U.S. Department of
Energy; and
(iii) Biobased content products meeting the content requirement
of the U.S. Department of Agriculture under the BioPreferred[supreg]
program;
(2) Are identified by EPA programs, including--
(i) Significant New Alternatives Policy (SNAP) chemicals or
other alternatives to ozone-depleting substances, and products and
services that minimize or eliminate, when feasible, the use,
release, or emission of high global warming potential
hydrofluorocarbons, such as by using reclaimed instead of virgin
hydrofluorocarbons;
(ii) WaterSense[supreg] certified products and services (water
efficient products);
(iii) Safer Choice Certified products (chemically intensive
products that contain safer ingredients); and
(iv) SmartWay[supreg] Transport partners and SmartWay[supreg]
products (fuel efficient products and services); or
(3) Are environmentally preferable products or services that--
(i) Meet or exceed specifications, standards, or labels
recommended by EPA, (see https://www.epa.gov/greenerproducts); or
(ii) Where there is no specification, standard, or label
recommended by EPA for a specific product or service category, meet
[[Page 5499]]
environmental performance criteria developed or adopted by voluntary
consensus standards bodies consistent with section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (Pub. L.
104-113) and Office of Management and Budget Circular A-119.
(b) Unless approved in writing by the Contracting Officer, in
the performance of this contract, the Contractor shall--
(1) Deliver, furnish for Government use;
(2) Incorporate into the construction of a public building or
public work; or
(3) Furnish for Contractor use at a Federally-controlled
facility sustainable products and services as specified in the
contract.
(c) Sustainable products and services must meet the applicable
standard, specifications, or other program requirements at the time
of submission of an offer or a quote.
(d) Visit the Green Procurement Compilation at https://www.sftool.gov/greenprocurement for a comprehensive list of Federal
Governmentwide sustainable product and service requirements.
(End of clause)
[FR Doc. 2017-00480 Filed 1-17-17; 8:45 am]
BILLING CODE 6820-EP-P