Blog Post

Sustainable Procurement FAR Case to Clarify FAR Part 23

Government Contracts Insights

11 Apr 2022

Regulatory action around sustainable procurement and climate change continues to heat up. A recent Federal Acquisition Regulation (FAR) case on Sustainable Procurement takes another step towards implementing the Biden administration’s ambitious vision of leveraging federal procurement to confront the climate crisis. FAR case 2022-006 will implement portions of Executive Order (E.O.) 14057, on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, and OMB Memorandum (“OMB Memo”) M-22-06 on procuring of sustainable products and services. The FAR case will reorganize FAR Part 23 on Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace for consistency and clarity. The FAR case will also update the definition of a “biobased product” in agency affirmative procurement programs. A report on the draft proposed rule is due on May 18, 2022. Additional guidance from the Council on Environmental Quality (CEQ) is expected shortly and may set off a further round of FAR cases.

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