FAR 23.101—Definitions.
Plain-English Summary
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.
Key Rules
Contract action is broad
A contract action includes any oral or written action that results in the purchase, rent, or lease of supplies or equipment, services, or construction. This means the environmental rules in this subpart can apply to a wide range of acquisition actions, not just signed contracts.
EPA-designated items are listed products
An EPA-designated item is a product that is or can be made with recovered material and is listed in an EPA procurement guideline at 40 CFR part 247. EPA must also have issued recommended recovered material content levels and related purchasing guidance in an RMAN.
USDA-designated product categories are biobased groups
A USDA-designated product category is a generic grouping of products that are or can be made with biobased materials and are listed in USDA procurement guidelines at 7 CFR part 3201, subpart B. USDA purchasing recommendations for those categories are available through BioPreferred guidance.
Global warming potential is a comparison measure
Global warming potential measures how much a chemical contributes to warming over a given time period compared with the same mass of carbon dioxide, which has a GWP of 1.0. This definition is used to compare refrigerants and other chemicals for climate-related procurement decisions.
High-GWP HFCs depend on SNAP alternatives
High global warming potential hydrofluorocarbons are HFCs used in an end use for which EPA’s SNAP program has identified other acceptable alternatives with lower global warming potential. The SNAP list and supplemental tables determine which HFCs are treated as high-GWP for procurement purposes.
Hydrofluorocarbons are narrowly defined
Hydrofluorocarbons are compounds containing only hydrogen, fluorine, and carbon. This chemical definition matters because the procurement restrictions and preferences in this subpart apply specifically to HFCs as defined here.
Ozone-depleting substances follow EPA classifications
An ozone-depleting substance is any substance EPA designates in 40 CFR part 82 as Class I or Class II. The definition expressly includes examples such as chlorofluorocarbons, halons, carbon tetrachloride, methyl chloroform, and hydrochlorofluorocarbons.
United States includes territories and waters
For geographic purposes, the United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, and associated territorial waters and airspace. This broader definition affects where the subpart’s environmental requirements apply.
Responsibilities
Contracting Officer
Identify whether an acquisition action falls within the defined scope of a contract action and determine whether the item or service is covered by EPA or USDA designations. The contracting officer must use the current EPA and USDA lists, SNAP tables, and related guidance to apply the correct environmental purchasing requirements and geographic scope.
Contractor
Understand whether offered products contain recovered material, biobased content, HFCs, or ozone-depleting substances, and ensure proposals and deliveries align with the applicable environmental requirements. The contractor should verify product status against current EPA and USDA sources rather than relying on outdated labels or assumptions.
Agency
Maintain acquisition policies and internal procedures that reflect the current EPA and USDA designations and the geographic definition of the United States. Agencies should ensure buyers and program offices know which products are subject to environmental preferences or restrictions.
Environmental or Sustainability Staff
Support acquisition personnel by tracking updates to EPA procurement guidelines, RMANs, SNAP alternatives, and USDA BioPreferred guidance. These staff help interpret whether a product category or chemical falls within the definitions used by the subpart.
Practical Implications
These definitions are the gateway to the rest of FAR Subpart 23.1; if a product is not within the defined category, the related environmental requirement may not apply.
The biggest pitfall is using outdated external lists or guidance, since EPA and USDA designations can change and the FAR definition depends on those current sources.
Contracting officers should not assume that all environmentally related products are covered the same way; recycled-content items, biobased products, HFCs, and ozone-depleting substances are governed by different definitions and external programs.
The broad definition of contract action means environmental requirements can apply to more than formal contract awards, including oral or written actions that result in purchases, rentals, or leases.
The geographic definition of the United States can matter for performance locations in territories, territorial waters, and airspace, so buyers should not limit their analysis to the 50 States and D.C.
Official Regulatory Text
As used in this subpart— Contract action means any oral or written action that results in the purchase, rent, or lease of supplies or equipment, services, or construction. Environmental Protection Agency (EPA)-designated item means a product that is or can be made with recovered material— (1) That is listed by EPA in a procurement guideline ( 40 CFR part 247 ); and (2) For which EPA has provided recommended recovered material content levels and other purchasing recommendations in a related Recovered Materials Advisory Notice (RMAN) (available at https://www.epa.gov/smm/regulatory-background-comprehensive-procurement-guideline-program-cpg#rman ). Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G , with supplemental tables of alternatives available at https://www.epa.gov/snap/ . Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon. Ozone-depleting substance means any substance the EPA designates in 40 CFR part 82 as— (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. United States, as defined in the Executive Office of the President's Office of Management and Budget, Council on Environmental Quality, and Climate Policy Office Memorandum M-22-06, when used in a geographical sense means— (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of Guam, American Samoa, and the United States Virgin Islands; and (5) Associated territorial waters and airspace. U.S. Department of Agriculture (USDA)-designated product category means a generic grouping of products that are or can be made with biobased materials— (1) That are listed by USDA in a procurement guideline ( 7 CFR part 3201, subpart B ); and (2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov ).