FAR 23.100—Scope of subpart.
Plain-English Summary
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.
Key Rules
Subpart covers sustainable procurement
This section establishes that the subpart’s policies and procedures govern the procurement of sustainable products and services. It is the gateway provision that tells readers the subpart is about sustainability requirements in federal buying.
Applies to all contract actions
The scope is broad and applies to all contract actions, not just selected categories or high-dollar procurements. Contracting personnel should assume the subpart may apply unless another provision clearly excludes the action.
Includes commercial item buys
The subpart applies even when agencies use FAR part 12 procedures for commercial products and commercial services. This includes COTS items, so commerciality does not remove sustainability considerations from the acquisition.
Covers micro-purchases too
Acquisitions at or below the micro-purchase threshold are also within scope. Even very small purchases may need to reflect the sustainability policies and procedures in this subpart.
Responsibilities
Contracting Officer
Apply the subpart’s sustainability policies and procedures to covered contract actions, including commercial item acquisitions and micro-purchases. Ensure acquisition planning and solicitation/award decisions reflect the broad scope of the subpart.
Agency Acquisition Personnel
Recognize that sustainability requirements are not limited to noncommercial or large procurements and incorporate them into buying processes, templates, and internal guidance. Support consistent application across all contract actions.
Contractor
Be prepared for sustainability-related requirements or evaluation considerations to appear in federal purchases, including commercial and small-dollar buys. Review solicitations carefully to identify any sustainability obligations tied to the acquisition.
Practical Implications
Do not assume commercial buys are exempt; FAR part 12 acquisitions can still be subject to sustainability policies.
Micro-purchases are not automatically outside the subpart, so small buys can still carry sustainability expectations.
The main day-to-day risk is overlooking sustainability requirements because the purchase is routine, commercial, or low dollar.
Contracting officers should check whether the broader sustainability subpart affects the action before relying on simplified procedures alone.
Contractors should watch solicitations closely, because sustainability-related terms may appear even in standard commercial-item purchases.
Official Regulatory Text
This subpart provides policies and procedures for procuring sustainable products and services. This subpart applies to all contract actions, including those using part 12 procedures for the acquisition of commercial products, including commercially available off-the-shelf (COTS) items, and commercial services and acquisitions valued at or below the micro-purchase threshold.