FAR 23.401—Definitions.
Plain-English Summary
FAR 23.401 provides the definitions that control how the environmental and energy-related requirements in this subpart are applied. It defines two key terms: “Federal agency,” which means an executive agency as defined in FAR 2.101, and “Federal facility,” which means a facility owned or operated by a Federal agency in the customs territory of the United States. These definitions matter because they determine when the subpart’s requirements apply, who is responsible for compliance, and which locations count as covered government sites. In practice, contracting officers and contractors must use these terms to decide whether a project, service, or product is tied to a covered Federal entity or a covered facility. The section is short, but it is foundational because later requirements in the subpart depend on these definitions to establish scope and applicability.
Key Rules
Federal agency definition
For purposes of this subpart, “Federal agency” means an executive agency under FAR 2.101. This ties the subpart’s coverage to the executive branch procurement structure rather than to every possible government-related entity.
Federal facility definition
A “Federal facility” is a facility owned or operated by a Federal agency and located in the customs territory of the United States. Both ownership or operation and location matter when determining whether a site is covered.
Scope control for the subpart
These definitions are not standalone policy requirements; they establish the scope for the rest of the subpart. Users must apply them whenever later provisions refer to Federal agencies or Federal facilities.
Responsibilities
Contracting Officer
Determine whether the agency and location involved in the acquisition meet the defined terms before applying the subpart’s requirements. Use these definitions to decide whether solicitation clauses, contract requirements, or compliance obligations are triggered.
Contractor
Identify whether the work is being performed for a covered Federal agency or at a covered Federal facility. Use the definitions to assess whether the subpart’s requirements apply to the contract performance location or the government customer.
Agency
Ensure internal policies and acquisition planning align with the FAR definitions when implementing the subpart. Confirm that covered facilities and covered agency activities are identified consistently across programs and contracts.
Practical Implications
The main day-to-day issue is applicability: if the agency is not an executive agency, or the site is not a Federal facility as defined, the subpart may not apply.
“Owned or operated” is broad, so users should not assume a site is excluded just because the government does not own the property; operation alone can bring it within scope.
The location qualifier matters: the facility must be in the customs territory of the United States, so overseas sites generally will not qualify under this definition.
A common pitfall is treating these definitions as interchangeable with other FAR or agency-specific definitions; always check the exact definition in this subpart and in FAR 2.101.
Because the section is definitional, mistakes here can lead to applying the wrong compliance requirements, missing required clauses, or over-applying obligations to noncovered sites.
Official Regulatory Text
As used in this subpart— Federal agency means an executive agency (see 2.101 ). Federal facility means a facility owned or operated by a Federal agency in the customs territory of the United States.