FAR 23.1—Subpart 23.1

Scope of subpart.

FAR 23.100 is the scope statement for FAR subpart 23.1, which sets out the policies and procedures for procuring sustainable products and services. In practical terms, it tells contracting personnel that the sustainability requirements in this subpart are not limited to one type of acquisition or one dollar range; they apply broadly to all contract actions. The section specifically makes clear that the subpart covers acquisitions using FAR part 12 procedures for commercial products, including commercially available off-the-shelf (COTS) items, as well as commercial services. It also reaches acquisitions at or below the micro-purchase threshold, which is important because those buys are often treated as simplified or routine. The purpose is to ensure sustainability considerations are built into federal purchasing decisions across the board, rather than being confined to large or noncommercial procurements. For contractors, this means sustainability-related requirements may appear even in commercial and micro-purchase buys; for contracting officers, it means they must apply the subpart’s policies consistently whenever the subpart is implicated.

Definitions.

FAR 23.101 provides the core definitions used throughout FAR Subpart 23.1, which governs federal acquisition policies for environmentally preferable purchasing and related sustainability requirements. This section defines the terms that determine when environmental procurement rules apply, including contract action, EPA-designated item, USDA-designated product category, global warming potential, high global warming potential hydrofluorocarbons, hydrofluorocarbons, ozone-depleting substance, and United States for purposes of geographic coverage. In practice, these definitions control whether a purchase falls under recycled-content, biobased, climate-friendly refrigerant, or ozone-depleting substance restrictions and preferences. They also establish the scope of the geographic term “United States,” which matters when applying environmental requirements to work performed in U.S. jurisdictions and territorial waters. Because these definitions are cross-referenced to EPA and USDA lists and guidance, contracting officers and contractors must check the current external sources, not just the FAR text, to know what products are covered and what purchasing recommendations apply.

Authorities.

FAR 23.102 identifies the legal and policy authorities that support the environmental and sustainability requirements in FAR part 23. Specifically, it points to Section 208 of Executive Order 14057, the related paragraph G of section I of OMB/CEQ/Climate Policy Office Memorandum M-22-06, the August 2022 implementing instructions for Executive Order 14057, and the separate authorities referenced in FAR 23.107 for statutory purchasing programs. In practice, this section does not itself impose a standalone procurement requirement; instead, it tells contracting personnel and contractors where the government’s authority comes from for sustainability-related acquisition actions. That matters because agencies must tie green procurement, clean energy, and related contract requirements to valid executive, policy, or statutory authority. For contractors, this section signals that environmental clauses, specifications, and purchasing preferences may be grounded in broader federal sustainability directives and statutory programs, not just agency preference. For contracting officers, it is a reminder to ensure that any sustainability-related solicitation or contract requirement is supported by the correct source authority and implemented consistently with FAR part 23 and any applicable statutory purchasing program.

Policy.

FAR 23.103 sets the core policy for buying sustainable products and services in federal procurement. It tells agencies to procure sustainable products and services to the maximum extent practicable, explains when that standard is met or not met, and gives a practical price-reasonableness framework that includes life-cycle cost and energy savings for ENERGY STAR® and FEMP-designated products. It also requires agencies to comply with any applicable statutory purchasing program requirements and to give priority to multi-attribute sustainable products and services. In addition, it extends the sustainability requirement into service and construction contracts by requiring contractors to provide qualifying sustainable products in specific situations, including items delivered to the Government, furnished for Government use, incorporated into public works, or bought as direct costs in performing services. In practice, this section is the policy bridge between sustainability goals and day-to-day buying decisions, affecting acquisition planning, source selection, product specifications, and contractor performance obligations.

General procedures.

FAR 23.104 sets out the general procedures for applying sustainable acquisition requirements in federal contracting. It covers when a contracting officer may treat sustainable products or services as not practicable based on a written justification from the requiring activity, how the solicitation and contract must identify applicable sustainable products and services and any items excluded from those requirements, how agencies must prioritize among competing sustainable purchasing programs, and where to find implementation guidance through the Green Procurement Compilation (GPC). In practice, this section is the administrative backbone for sustainable acquisition: it tells agencies how to document exceptions, how to make the solicitation/contract clear to offerors and contractors, and how to decide which sustainability requirements take precedence when more than one program could apply. It also reinforces that sustainability is not a single rule but a hierarchy of statutory purchasing programs and EPA purchasing programs that must be applied in order. For contracting officers and requiring activities, the section is important because it affects market research, acquisition planning, solicitation drafting, contract file documentation, and post-award administration. For contractors, it matters because it determines what sustainability requirements are actually in scope and what products or services must be offered or delivered.

Exceptions.

FAR 23.105 identifies the main exceptions to the federal requirement to procure sustainable products and services. It explains when the sustainable acquisition rules do not apply to contracts performed or supplies delivered outside the United States, weapon systems, combat or combat-related energy-consuming products or systems, and certain biobased products used in military equipment, spacecraft systems, or launch support equipment. The section also makes clear that some exceptions are not absolute: even when a weapon system is otherwise excepted, agencies still must follow applicable affirmative procurement requirements for recovered materials and ozone-depleting substance alternatives unless a proper written justification is in place. In practice, this section tells contracting officers and program offices when sustainable acquisition mandates can be set aside because of mission, operational, or geographic limits, and when they still must be applied despite the broader exception. It is important because it prevents overapplication of sustainability requirements where they would conflict with mission needs, while preserving specific statutory procurement preferences that still apply in limited contexts.

Exemptions.

FAR 23.106 explains when the sustainability requirements in FAR Part 23 can be exempted, and who has authority to grant those exemptions. It covers four main topics: the Director of National Intelligence’s authority to exempt intelligence activities and related resources; an agency head’s authority to exempt particular agency activities for national security, intelligence protection, or undercover law enforcement needs; an agency head’s authority to exempt certain vehicles, vessels, aircraft, non-road equipment, and spaceflight vehicles used for combat, tactical, relief, or training missions; and the ability of an agency head to request a broader exemption from the President through the Chair of the Council on Environmental Quality (CEQ). It also includes a special rule that contracting officers are encouraged, but not required, to buy sustainable products and services when the agency head determines the supplies or services will support defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, international disaster assistance, or emergency/major disaster response. In practice, this section matters because it tells contracting personnel when sustainability preferences and requirements may be set aside for mission, security, or emergency reasons, and it establishes the approval and notification steps that must be followed when an exemption is used.

Statutory purchasing programs.

FAR 23.107 is a cross-reference provision that tells agencies to comply with the statutory purchasing program requirements found in FAR 23.107-1 through 23.107-4. In practice, this section is the gateway to several mandatory socioeconomic and environmental purchasing programs that affect how agencies buy products and services, how contracting officers structure solicitations and contracts, and how contractors identify and meet compliance obligations. The topics covered by the referenced subsections include the specific statutory purchasing programs applicable to federal acquisitions, the requirement to follow the detailed rules for each program, and the agency-level responsibility to ensure those requirements are built into procurement planning and execution. Although this section is brief, it matters because it signals that these programs are not optional policy preferences; they are statutory requirements that can affect source selection, product specifications, contract clauses, and post-award performance. For contractors, it means they must pay close attention to solicitation instructions and contract terms tied to these programs. For contracting officers and agencies, it means they must verify that applicable purchasing program requirements are identified, applied, and documented consistently throughout the acquisition process.

Required Environmental Protection Agency purchasing programs.

FAR 23.108 tells contracting officers how to apply the Environmental Protection Agency (EPA) purchasing program requirements when buying products and services for the government. It works together with FAR 23.104(c) and 23.107 by requiring agencies to first satisfy any applicable statutory purchasing program requirements, and then, to the maximum extent practicable, buy products and services that meet the EPA purchasing program requirements found in FAR 23.108-1 through 23.108-3. In practice, this section is the gateway rule that directs buyers toward environmentally preferable acquisitions covered by EPA-designated programs, rather than treating environmental purchasing as optional. It matters because it affects source selection, product specifications, and acquisition planning for covered items and services, and it can influence what a contracting officer may require or prefer in a solicitation. The section is short, but it is important because it establishes the ordering of obligations: statutory requirements first, then EPA purchasing program requirements to the extent practicable. For contractors, this means some solicitations will include environmental attributes or product standards tied to EPA programs, and compliance may be part of responsiveness or performance expectations.

Solicitation provisions and contract clauses.

FAR 23.109 tells contracting officers which environmental and sustainability-related solicitation provisions and contract clauses must be included when the Government buys certain products or services. It covers four main subject areas: the Sustainable Products and Services clause at 52.223-23; EPA-designated items and recovered material requirements under 52.223-4 and 52.223-9; biobased products in USDA-designated product categories under 52.223-1 and 52.223-2; and products or services involving ozone-depleting substances and high global warming potential hydrofluorocarbons under 52.223-11, 52.223-12, 52.223-20, and 52.223-21. In practice, this section is a clause-selection rule: it tells the contracting officer when these provisions must be inserted, when exceptions or exemptions remove the requirement, and when special coverage limits apply. It matters because these clauses drive offeror certifications, reporting, and compliance obligations, and they help the Government implement statutory and policy goals for sustainable purchasing, recovered materials, biobased products, and climate- and ozone-related restrictions. For contractors, the section signals when they must certify product content, report product use, or comply with product-specific restrictions in performance. For agencies, it requires coordination between the requiring activity, technical personnel, and the contracting office so the right clauses are included and unsupported exceptions are not used too broadly.