Interim rule updates FAR with sustainability executive orders

Two executive orders that increase the role of sustainability in federal procurement officially became part of the Federal Acquisition Regulation May 31 with publication in the Federal Register of an interim rule that’s effective immediately.

The rule incorporates E.O 13514, signed by President Barack Obama in 2009, and E.O. 13423, signed by President George W. Bush in January 2007. The first order requires federal agencies to ensure that 95 percent of new contracts, including indefinite delivery, indefinite quantity task or delivery orders, are energy and water efficient, biobased, environmentally preferable, don’t have ozone-depleting chemicals, contain recycled content and are non-toxic or less toxic than the alternatives. The order does not affect weapons systems. The interim rule establishes a new subpart in Part 23 of the FAR, part 23.1–sustainable acquisition policy–to implement it.

The second order requires agencies to conduct environmental, transportation and energy-related activities to be conducted in a sustainable manner. Most of the changes to the FAR as a result of it occur primarily in Part 52, which is where the contractual clauses are kept. In particular, the interim rule adds a new clause, 52.223-19, which requires contractors to conform to the environmental management systems in federal agencies.

The interim rule will not have a significant economic impact since a majority of the requirements from both executive orders have already been implemented, the Federal Register notifications states.

— by dperera – Fierce Government – June 7, 2011 – 11:16am at

For more:
download the interim rule (.pdf)