New Interim Rule Requires Changes To Bring About More Green Contracting


On May 31, 2011, the Department of Defense ("DoD"), General Services Administration ("GSA"), and National Aeronautics and Space Administration ("NASA") issued an interim rule amending the Federal Acquisition Regulation ("FAR") by implementing Executive Orders 13514 ("E.O. 13514") and 13423 ("E.O. 13423"). 76 Fed. Reg. 31395-402 (May 31, 2011). The aim of the interim rule is to require federal agencies to leverage agency acquisitions to foster markets for sustainable technologies, materials, products, and services by ensuring that 95 percent of new contract actions, including task and delivery orders, for products and services are energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone depleting, contain recycled content, or are non-toxic or less-toxic alternatives. Federal agencies are additionally required to implement high-performance sustainable building design, construction, renovation, repair, commissioning, operation and maintenance, management, and deconstruction practices. Parties interested in submitting comments to be considered in the formulation of the new rule must do so no later than August 1, 2011.

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