1 Federal Acquisition Regulation Environmental Coverage Richard Langston Energy Representative Civilian Agency Acquisition Council

2 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

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

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

5 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

6 FAR Clauses [Reserved] [Reserved] Hazardous Material Identification and Material Safety Data Recovered Material Certificate Pollution Prevention and Right to Know Information Drug-Free Workplace Notice of Radioactive Materials

7 FAR Clauses (Continued) [Reserved] Estimate of Percentage of Recovered Material Content for EPA- Desinated Products Waste Reduction Program Ozone Depleting Substances Refrigeration Equipment and Air Conditioners Certification of Toxic Chemical Release Reporting Toxic Chemical Release Reporting

8 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

9 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

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

11 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 USDA has a site with suggestions at s/biobased/procurementtools.htm

12 More Than You Ever Wanted To Know About FAR Clauses Richard Langston U.S. DOE (202)