[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Rules and Regulations]
[Page 30210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07930]



[[Page 30209]]

Vol. 89

Monday,

No. 78

April 22, 2024

Part V





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulation: Federal Acquisition Circular 2024-05; 
Introduction; Summary of Final Rules

  Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Rules 
and Regulations  

[[Page 30210]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2024-0051, Sequence No. 3]


Federal Acquisition Regulation; Federal Acquisition Circular 
2024-05; Introduction

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2024-05. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC.

DATES: For effective dates see the separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to the FAR case. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat 
Division at 202-501-4755 or [email protected].

                                           Rules Listed in FAC 2024-05
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               Item                          Subject              FAR case                  Analyst
----------------------------------------------------------------------------------------------------------------
I.................................  Sustainable Procurement..        2022-006  Hawes.
II................................  Technical Amendments.....
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ADDRESSES: The FAC, including the SECG, is available at https://www.regulations.gov.

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR rules, refer to 
the specific item numbers and subjects set forth in the documents 
following these item summaries. FAC 2024-05 amends the FAR as follows:

Item I--Sustainable Procurement (FAR Case 2022-006)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
restructure and update FAR part 23 to focus on current environmental 
and sustainability matters and to implement a requirement for agencies 
to procure sustainable products and services to the maximum extent 
practicable. As a result of this rule, content related to sustainable 
products and services, energy savings performance contracts, hazardous 
and radioactive materials, pollution prevention at Federal facilities, 
and greenhouse gases are consolidated into single subparts at FAR 
subpart 23.1, 23.2, 23.3, 23.4, and 23.5, respectively. Non-
environmental matters, to include requirements for a drug-free 
workplace and encouraging contractors to ban texting while driving, are 
moved to FAR part 26. The existing statutory and other Environmental 
Protection Agency (EPA) purchasing program requirements (previously 
implemented in FAR subparts 23.2, 23.4, 23.7, and 23.8) are 
consolidated in FAR subpart 23.1. This rule will require agencies to 
specify in the statement of work, or elsewhere in the contract, the 
sustainable products and services, including the purchasing programs 
and types of products or services, that are applicable to the 
acquisition. A new omnibus contract clause at FAR 52.223-23, 
Sustainable Products and Services, will require contractors to ensure 
the sustainable products and services identified in the contract are 
delivered, incorporated, or furnished under the contract. The rule also 
updates agency requirements for construction and architect-engineer 
contracts at FAR 36.104(b)(1) to align with the Council on 
Environmental Quality's Guiding Principles for Federal Leadership in 
High-Performance and Sustainable Buildings. The final rule may have a 
significant economic impact on a substantial number of small entities 
who compete on Federal contracts. These entities will need to ensure 
that they are offering and delivering sustainable products and 
services, as specified in agency solicitations and contracts.

Item II--Technical Amendments

    An administrative change is made at FAR 1.106, 1.401, 4.1702, 
5.704, 8.402, 8.404, 8.405-1, 8.405-2, 8.405-3, 8.405-6, 16.505, 
19.305, 19.507, 28.203-1, 31.205-40, 39.000, and 52.212-3.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2024-05 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2024-05 is 
effective April 22, 2024 except for Items I and II, which are effective 
May 22, 2024.

John M. Tenaglia,
Principal Director, Defense Pricing and Contracting, Department of 
Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.
Karla Smith Jackson,
Assistant Administrator for Procurement, Senior Procurement Executive/
Deputy CAO, National Aeronautics and Space Administration.
[FR Doc. 2024-07930 Filed 4-19-24; 8:45 am]
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