Federal Manager's Daily Report

Construction site for mass timber building, considered a carbon sequester material. The rules create a new standard contract clause, and incentivize markets for sustainable products and services. Image: laurello/Shutterstock.com

Rules have been finalized to carry out a requirement for agencies to procure sustainable products and services “to the maximum extent practicable” as required by a late-2021 executive order.

Rules in the April 22 Federal Register note that the order “directs agencies to reduce emissions, promote environmental stewardship, support resilient supply chains, drive innovation, incentivize markets for sustainable products and services, purchase sustainable products and services in accordance with relevant statutory requirements, and, to the maximum extent practicable, purchase sustainable products and services identified or recommended by the Environmental Protection Agency.”

Follow-up guidance from OMB and the Council on Environmental Quality addressed issues including the types of products and services that meet those standards, circumstances in which it would be considered not practical to procure them, and requirements for federal facilities such as pollution reduction goals, it notes.

The changes to the Federal Acquisition Regulation:

– define what is meant by “sustainable products and services”;

– address policy and procedures for purchasing and prioritizing them, including requirements for agency programs and exceptions;

– create a new standard contract clause for them; and

– update requirements related to acquisition planning, special requirements for paper, waste reduction, construction and architect-engineer contracts and IT contracts.

The rules, issued jointly by GSA, DoD and NASA, also reorganize the FAR to consolidate requirements for federal facilities, purchasing programs and hazardous materials.

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