FAR 23.102—Authorities.
Plain-English Summary
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.
Key Rules
Executive Order Authority
Section 208 of Executive Order 14057 is a core authority for federal sustainability and clean energy acquisition actions. It provides the policy basis for agencies to incorporate sustainability objectives into procurement planning and contract requirements.
OMB and CEQ Guidance
Paragraph G of section I of OMB Memorandum M-22-06 supplies implementing policy direction for the Executive Order. Agencies use this guidance to translate broad sustainability goals into acquisition practices and internal procedures.
Implementing Instructions Control
The August 2022 implementing instructions for Executive Order 14057 provide operational direction for carrying out the order. These instructions help agencies apply the executive policy in day-to-day procurement decisions and compliance efforts.
Statutory Program Authorities
The authorities referenced in FAR 23.107 govern statutory purchasing programs. These are separate legal bases that support mandatory or preferred purchasing of designated products or services under specific statutes.
Authority Must Match Requirement
Any sustainability-related acquisition requirement should be traceable to the correct authority. Contracting officers should not impose environmental or clean energy requirements unless they are supported by the applicable executive, policy, or statutory source.
Responsibilities
Contracting Officers
Identify the correct legal and policy authority before including sustainability-related requirements in solicitations or contracts. Ensure the requirement is implemented consistently with FAR part 23 and any applicable statutory purchasing program.
Agencies
Use the cited executive and policy authorities to develop internal acquisition policies, procedures, and contract requirements that advance federal sustainability goals. Maintain alignment between agency implementation and the underlying authorities.
Contractors
Understand that sustainability-related clauses, specifications, or purchasing preferences may be based on federal sustainability authorities and statutory programs. Comply with any contract requirements that are properly incorporated under those authorities.
Program and Acquisition Officials
Coordinate to ensure sustainability objectives are translated into acquisition planning, market research, and contract language in a lawful and practical way. Verify that proposed requirements are consistent with the cited authorities and agency implementation guidance.
Practical Implications
This section is mainly a source-of-authority provision, so its day-to-day importance is in validating the legal basis for green procurement and clean energy requirements.
A common pitfall is treating sustainability goals as optional policy preferences rather than requirements that may be backed by executive direction or statute.
Contracting officers should confirm whether a requirement comes from Executive Order 14057 guidance or from a statutory purchasing program, because the compliance implications can differ.
Contractors should review sustainability clauses carefully, since they may reflect broader federal policy initiatives that affect product selection, reporting, or performance expectations.
When in doubt, acquisition teams should trace the requirement back to the cited authority before adding it to the solicitation or contract to avoid unsupported or inconsistent terms.
Official Regulatory Text
(a) Section 208 of Executive Order 14057 , Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated December 8, 2021. (b) Paragraph G of section I of the Executive Office of the President's Office of Management and Budget, Council on Environmental Quality, and Climate Policy Office Memorandum M-22-06 , Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated December 8, 2021. (c) Implementing instructions for Executive Order 14057 , Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, dated August 2022. (d) The authorities referenced in 23.107 for statutory purchasing programs.