[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

0
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
0
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

0
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

0
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
* * * * *
0
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

0
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--
* * * * *
0
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).
0
7. Amend part 23 by revising the part heading to read as follows:

PART 23--ENVIRONMENT, ENERGY, OCCUPATIONAL SAFETY, AND DRUG-FREE 
WORKPLACE

0
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