FAR 23.108—Required Environmental Protection Agency purchasing programs.
Plain-English Summary
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.
Key Rules
Follow statutory programs first
Contracting officers must first meet any applicable statutory purchasing program requirements under FAR 23.107 before applying the EPA purchasing program requirements. This means the EPA requirements do not replace mandatory statutory purchasing rules; they come after them in the acquisition decision process.
Buy EPA-compliant items when practicable
After statutory requirements are satisfied, contracting officers shall purchase, to the maximum extent practicable, products and services that meet EPA purchasing program requirements. The phrase "maximum extent practicable" gives some flexibility, but it still creates a strong preference for compliant offerings unless there is a valid reason not to use them.
Applies to products and services
The rule is not limited to physical products; it also covers services where EPA purchasing program requirements are relevant. Contracting officers must consider whether the acquisition includes covered items or service performance that should align with EPA program requirements.
EPA program requirements are in related subsections
This section points readers to FAR 23.108-1 through 23.108-3 for the actual EPA purchasing program requirements. FAR 23.108 itself is the umbrella instruction; the specific environmental purchasing criteria are found in those implementing subsections.
Use in acquisition planning and solicitation
Because the rule directs what should be purchased, it affects early acquisition planning, market research, specifications, and solicitation language. Contracting officers should identify applicable EPA purchasing program requirements before issuing the solicitation so the requirement can be built into the acquisition strategy.
Responsibilities
Contracting Officer
Determine whether statutory purchasing program requirements apply under FAR 23.107, then apply EPA purchasing program requirements to the maximum extent practicable. The contracting officer must incorporate the applicable environmental requirements into acquisition planning, specifications, and award decisions as appropriate.
Agency
Ensure acquisition policies, training, and internal procedures support compliance with EPA purchasing program requirements. Agencies should provide contracting staff with the tools and guidance needed to identify covered products and services and to document any exceptions or impracticability determinations.
Contractor
Offer products and services that meet the environmental requirements stated in the solicitation when those requirements are included. Contractors should understand that EPA-related requirements may affect product selection, labeling, performance, or documentation obligations.
Program/Requirements Personnel
Identify operational needs early and work with contracting staff to determine whether EPA purchasing program requirements apply to the acquisition. They should help ensure that requirements are written clearly enough to support compliant competition and performance.
Practical Implications
This section is a planning rule as much as a buying rule: if the contracting officer waits until award time to think about EPA requirements, the acquisition may need amendments or delays.
The biggest pitfall is treating "maximum extent practicable" as optional. It is not a free pass; the contracting officer should be able to explain why a compliant product or service was not used if one was available.
Another common issue is failing to check the specific requirements in FAR 23.108-1 through 23.108-3. FAR 23.108 only points to those rules, so the actual buying standard is elsewhere.
Contractors should watch solicitations for environmental specifications, recycled-content or other EPA-related criteria, and documentation requirements that may affect pricing and technical acceptability.
Agencies should make sure acquisition teams know how EPA purchasing program requirements interact with other mandatory purchasing programs so the order of precedence is applied correctly.
Official Regulatory Text
In accordance with 23.104 (c), contracting officers shall, after meeting statutory purchasing program requirements in 23.107 , purchase to the maximum extent practicable products and services that meet EPA purchasing program requirements described in 23.108-1 through 23.108-3 .