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New Sustainable Procurement Regulation for Federal Contractors

On Apr. 22, the Federal Acquisition Regulation (FAR) Council published a  requiring federal agencies to procure 鈥渟ustainable products and services鈥 to the maximum extent practicable effective May 22, 2024.

This rule now directs agencies to specify in the statement of work, or in the contract, which sustainable products and services are applicable to the acquisition.

Additionally, a new omnibus contract clause has been introduced, obligating federal contractors to ensure the sustainable products and services identified in the contract are delivered, incorporated, or furnished as part of the contract. This requirement, however, does not extend to contracts performed outside of the United States.

Among the additional changes as a result for this new rule are: 

  • Adds a definition of 鈥渟ustainable products and services鈥 in FAR 2.101. 
  • Consolidates and updates statutory and other environmental purchasing program requirements in FAR subpart 23.1, Sustainable Products and Services. 
  • Updates agency requirements for construction and architect-engineer contracts at FAR 36.104(b)(1) to align with the CEQ's Guiding Principles for Sustainable Federal Buildings and Associated instructions. 

Contact Jordan Howard for more information.

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