June 10 2011 Copyright 2011 Business Research Services Inc. 301-229-5561 All rights reserved.

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New Regulation Aims for Green Procurement

Federal contractors must go 95% green and sustainable under a new rule.

The interim rule, effective May 31, mandates that 95% of new contract actions, including construction contracts and task and delivery orders, “contain requirements for products that are designated as energy-efficient, water-efficient, biobased, environmentally preferable (e.g., EPEAT-registered, non-toxic or less toxic alternatives), non-ozone depleting, or those that contain recovered materials.”

The rule is designed to enforce executive orders previously issued by President Bush in 2007 and President Obama in 2009, but the orders apparently have not been widely followed.

Recycled content and biobased products must meet or exceed the minimum recycled or biobased content of products designated by the Environmental Protection Agency or Department of Agriculture.

To meet the requirement for substituting safe alternatives to ozone-depleting substances, agencies should rely on a list of alternatives published in EPA’s Significant New Alternatives Policy (SNAP) program.

Contractors that submit paper bids for government work will have to use double-sided, 30% post-consumer fiber paper.

The FAR Council said, “In the face of changing environmental circumstances and our nation’s heightened energy demands, the federal government must lead by example to create a clean energy economy that will increase prosperity, promote energy security, protect the interests of taxpayers, and safeguard the health of our environment.”

The rule is FAC 2005-52, FAR Case 2010-001. Comments are due by Aug. 1.


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