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In accordance with FAR 23.1, federal agencies are required to procure sustainable products and services to the maximum extent practicable. These include products and services that comply with applicable statutory purchasing programs (see FAR 23.107):
- EPA’s Comprehensive Procurement Guidelines (CPG)
- ENERGY STAR® certified
- Federal Energy Management Program (FEMP)-designated
- BioPreferred® program
- EPA's Significant New Alternatives Policy (SNAP) program
Effective February 15, 2025, Class Deviation (CD) 2025-05 waives the requirement to procure products and services that meet the following standards:
- WaterSense (FAR 23.108-1)
- Safer Choice (FAR 23.108-2)
- EPA Recommendations of Specifications, Standards, and Ecolabels (FAR 23.108-3)
Contractors should review this deviation to understand its impact on their product and service offerings.
Additionally, per FAR 23.103(c), the sustainable procurement requirement applies to contract actions for services or construction when products are:
- Delivered to the Government;
- Furnished by the contractor for use by the Government;
- Incorporated into the construction of a public building or public work; or
- Acquired by the contractor for use in performing services under a Government contract where the cost of the products is a direct cost to a Government contract.