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August 2, 2023
The Federal Acquisition Regulatory Council plans to issue a proposed rule on Aug. 3, 2023, that would establish new requirements for “sustainable procurement” in federal contracting. The proposal complies with Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, signed by President Joe Biden on Dec. 8, 2021.
The proposed rule restructures and updates numerous existing FAR environmental and sustainability requirements, consolidating these requirements under FAR Part 23.
Additionally, the proposal increases sustainable acquisition requirements. Under existing regulations, agencies must ensure that 95% of new contracts for products and services utilize sustainable materials. The proposed rule replaces this provision with a requirement that agencies purchase sustainable products and services “to the maximum extent practicable.” Exceptions are possible where agencies cannot acquire a sustainable product or service on a reasonable schedule, meet performance requirements or obtain a reasonable price.
Comments on the proposed rule will be due 60 days from the date of publication.
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