FAR 23.107-3—Energy-consuming products and water-consuming products.
Plain-English Summary
FAR 23.107-3 implements the federal preference for energy-efficient and water-efficient products by directing agencies to buy ENERGY STAR® certified products or FEMP-designated products whenever those products are available and no exception applies. It also addresses low-standby-power products, requiring agencies to follow FEMP’s standby power recommendations or, where no recommendation exists, to buy products that use no more than one watt in standby mode when practicable. The section explains the legal authorities behind these requirements, identifies the two main federal programs that drive compliance—the ENERGY STAR® Program and the Federal Energy Management Program (FEMP)—and tells agencies how to apply the rules in both direct product buys and in service or construction contracts that include furnishing products. In practice, this section matters because it affects specifications, market research, evaluation of products, and contract language, and it can change what a contracting officer must require from a contractor. It also points users to the official resources for identifying compliant products and understanding current product listings and purchasing guidance. The practical effect is that agencies must build these efficiency requirements into acquisition planning and contract administration unless a documented justification, exception, or exemption applies.
Key Rules
Use compliant products first
When buying energy- or water-consuming products covered by ENERGY STAR® or FEMP, agencies must purchase ENERGY STAR® certified products or FEMP-designated products. This is the default rule and applies to the maximum extent practicable unless a justification, exception, or exemption applies.
Follow standby power rules
For products on FEMP’s Low Standby Power Devices list, agencies must buy items that meet FEMP’s standby wattage recommendation or document why they did not. If FEMP lists a product without a wattage recommendation, agencies must buy products using no more than one watt in standby mode unless that is impracticable, in which case they should buy the lowest standby wattage practicable.
Apply requirements to services and construction
When contracting for services or construction that will include furnishing energy- or water-consuming products, agencies must specify products that meet the same ENERGY STAR® or FEMP requirements. The obligation does not disappear just because the product is being provided as part of a larger service or construction effort.
Consider exceptions and exemptions
The rule is subject to the exceptions, justifications, and exemptions referenced in FAR 23.104(a), 23.105, and 23.106. Agencies should not treat the efficiency preference as absolute; they must check whether a valid basis exists to deviate from it.
Use official program guidance
ENERGY STAR® and FEMP are the controlling sources for identifying covered products and applicable efficiency criteria. Agencies should rely on the current program listings and guidance rather than outdated internal references or vendor claims.
Responsibilities
Contracting Officer
Ensure solicitations, specifications, and contracts reflect the required ENERGY STAR®, FEMP, and standby-power requirements when applicable. Determine whether a justification, exception, or exemption supports any deviation and document the file accordingly.
Program/Requirements Personnel
Identify whether the needed items are energy- or water-consuming products covered by ENERGY STAR® or FEMP, and build the efficiency requirements into the requirement package early enough for acquisition planning and market research.
Contractor
Provide products that meet the specified ENERGY STAR®, FEMP, or standby-power requirements when the contract calls for them, and supply compliant products as part of services or construction unless the contract or an approved exception states otherwise.
Agency
Purchase compliant products to the maximum extent practicable, maintain awareness of current ENERGY STAR® and FEMP guidance, and ensure internal acquisition policies and buying procedures support compliance with federal energy-efficiency mandates.
Technical/Specifications Staff
Write product descriptions and technical requirements that accurately reference the applicable efficiency criteria and avoid unnecessary brand-specific or outdated requirements that could conflict with the FAR preference.
Practical Implications
This section affects everyday buying decisions for common items such as appliances, electronics, and other equipment that consume energy or water, so buyers should check ENERGY STAR® and FEMP status early in the acquisition process.
A common pitfall is forgetting to apply the rule when the product is embedded in a service or construction contract; the FAR still requires the agency to specify compliant products in those contracts.
Another frequent issue is relying on a vendor’s general claim of efficiency instead of verifying the product against the current ENERGY STAR® or FEMP listings and standby-power guidance.
If a product does not meet the standby-power recommendation, the file should explain why the preferred item was not purchased; lack of documentation can create compliance problems.
Because the rule is tied to current program listings and guidance, buyers should confirm the latest requirements before award rather than using outdated catalogs, templates, or prior contract language.
Official Regulatory Text
(a) Authorities. (1) Energy Policy and Conservation Act ( 42 U.S.C. 6361(a)(1) ). (2) National Energy Conservation Policy Act ( 42 U.S.C. 8253 , 8259b , and 8262g ). (3) Executive Order 11912 of April 13, 1976, Delegations of Authority under the Energy Policy and Conservation Act. (4) Executive Order 13221 of July 31, 2001, Energy-Efficient Standby Power Devices. (b) Programs — (1) ENERGY STAR® Program. The ENERGY STAR® program is a voluntary product-labeling initiative that identifies and promotes energy and water efficiency and the reduction of greenhouse gas emissions. This joint U.S. EPA and Department of Energy program helps buyers save money and protect the environment through energy- and water-efficient products and practices. (2) Federal Energy Management Program (FEMP). FEMP publishes acquisition guidance to help Federal buyers meet requirements for purchasing energy-efficient and water-efficient products. In addition, in product categories not covered by the ENERGY STAR® program, FEMP sets efficiency requirements for product categories that have the potential to generate significant Federal energy savings. (c) Procedures. To the maximum extent practicable in accordance with 23.104 (a), unless a justification, exception, or exemption applies (see 23.104 (a), 23.105 , and 23.106 , respectively)— (1) When acquiring energy- and water-consuming products listed in the ENERGY STAR® Program or FEMP— (i) Agencies shall purchase ENERGY STAR® certified or FEMP-designated products; and (ii) For products that consume power in a standby mode and are listed on FEMP's Low Standby Power Devices product listing at https://www.energy.gov/eere/femp/low-standby-power-product-list , agencies shall— (A) Purchase items that meet FEMP's standby power wattage recommendation or document the reason for not purchasing such items; or (B) If FEMP has listed a product without a corresponding wattage recommendation, purchase items that use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one-watt requirement, agencies shall purchase items with the lowest standby wattage practicable; and (2) When contracting for services or construction that will include the provision of energy- and water-consuming products, agencies shall specify products that comply with the applicable requirements in paragraph (c)(1) of this section. (d) Resources. (1) For information on products under the ENERGY STAR® Program, go to https://www.energystar.gov/products . (2) For information on energy-efficient products, go to https://www.energy.gov/eere/femp/search-energy-efficient-products . (3) For information on low standby power products, go to https://www.energy.gov/eere/femp/low-standby-power-product-purchasing-requirements-and-compliance-resources .