# Presentation: 845580

## Federal Acquisition RegulationEnvironmental Coverage 

- Richard Langston
- Energy Representative
- Civilian Agency Acquisition Council

## Federal Acquisition Regulation

- Parts 1 – 51 Are Policy Sections
- Part 52 Is  Solicitation Provisions and Contract Clauses Associated with Policy Sections
- Part 23 Is Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace

## Federal Acquisition Regulation

- Subparts
- 23.2	Energy and Water Efficiency
- 23.3	Hazardous Materials
- 23.4	Use of Recovered Materials
- 23.5	Drug-Free Workplace
- 23.6	Notice of Radioactive Material
- 23.7	Environmentally Preferable

## Federal Acquisition Services

- 23.8	Ozone Depleting Substances
- 23.9	Contractor Compliance with Toxic 		Chemical Release Reporting
- 23.10	Federal Compliance with Right to 		Know Laws and Pollution 			Prevention Requirements

## Federal Acquisition Regulation

- Three Cases Are Working Through The System That Will Change Some Clauses.
- USDA Biobased Product Procurement Preference Program
- Recovered Materials Coverage to be Clarified as Applicable to Service and Construction Contracts
- Energy Efficiency Clause Being Added To Clarify That It Is Applicable To Service And Construction Contracts

## FAR Clauses

**52.223-1 [Reserved] **
**52.223-2 [Reserved] **
**52.223-3 Hazardous Material Identification and Material Safety Data **
**52.223-4 Recovered Material Certificate **
**52.223-5 Pollution Prevention and Right to Know Information **
**52.223-6 Drug-Free Workplace  **
**52.223-7 Notice of Radioactive Materials**

## FAR Clauses (Continued)

**52.223-8 [Reserved] **
**52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Desinated Products **
**52.223-10 Waste Reduction Program **
**52.223-11 Ozone Depleting Substances. **
**52.223-12 Refrigeration Equipment and Air Conditioners **
**52.223-13 Certification of Toxic Chemical Release Reporting **
**52.223-14  Toxic Chemical Release Reporting**

## Missing Clauses

- Clause to Implement New USDA Biobased Products Preference Program
- Clause to clarify that EPA Designated Products are to be used in service and construction contracts
- Clause to clarify that ENERGY STAR energy using products are required in all contracts including service and construction

## FAR Cases In Process

- There are 3 FAR Cases in Process to Address the New USDA Program and the Missing Clause Problems
- There is a 1 Year Period to Implement the USDA Biobased Program.  A FAR Proposed Rule is About to be Published and Should be Final by 3/16/06
- The Other 2 Cases Should Follow Closely Behind

## Extra DOE Clauses

- DEAR 970.5204-2 Laws, Regulations and DOE Directives – DOE Contractors Who Manage DOE Facilities Must Follow Certain of our Directives such as 450.1 Concerning Environmental Management Systems
- DEAR 970.5223-2 Affirmative Procurement Program – DOE Contractors Who Manage DOE Facilities Participate in our Affirmative Procurement Program and Report their Acquisitions.

## Create Local Clauses

- You Can Create Local Provisions and Clauses to Fit Your Circumstances
- Work with Your Contract Team
- EPA has a site with suggestions at http://www.epa.gov/epp
- USDA has a site with suggestions at
- 	http://www.usda.gov/procurement/programs/biobased/procurementtools.htm

## More Than You Ever Wanted To Know About FAR Clauses

- Richard Langston U.S. DOE
**richard.langston@hq.doe.gov **
- (202) 287-1339