Why Part 23 Matters

Federal agencies are the nation's largest single consumer and have mandated green purchasing goals. Contractors must understand sustainable acquisition requirements affecting product specifications and packaging. Energy-efficient product requirements can affect pricing and sourcing strategies. Non-compliance with hazardous material identification and environmental requirements can create contract performance issues and liability exposure.

Key Topics in Part 23

FAR Part 23 addresses several critical areas of the federal acquisition process. Understanding these topics is essential for both contracting officers and contractors working within this regulatory framework.

• Energy Star and FEMP-designated products (Subpart 23.2)
• Water-efficient products and services
• Biobased products — BioPreferred program (Subpart 23.4)
• Environmentally preferable purchasing (Subpart 23.7)
• Ozone-depleting substances and greenhouse gases
• Hazardous material identification and safety data
• Sustainable acquisition policies

How FAR Part 23 Applies

The Federal Acquisition Regulation is organized into 53 parts, each covering a distinct area of the procurement process. Part 23 (Environment, Sustainable Acquisition, and Material Safety) is part of this framework and works in conjunction with other FAR parts to create a comprehensive regulatory structure. Contracting officers must comply with all applicable parts when executing procurement actions, and contractors must understand the requirements that flow from these regulations into their contracts.

The requirements in Part 23 may be implemented through specific contract clauses prescribed in FAR Part 52. When a clause references Part 23, the substantive requirements originate here, while Part 52 provides the actual clause language incorporated into contracts and solicitations.

Subparts

FAR Part 23 is divided into 6 subparts, each addressing a specific aspect of environment, sustainable acquisition, and material safety.

• 23.1 — Sustainable Products and Services
• 23.2 — Energy Savings Performance Contracts
• 23.3 — Hazardous Material Identification, Material Safety Data, and Notice of Radioactive Materials
• 23.4 — Pollution Prevention, Environmental Management Systems, and Waste Reduction
• 23.5 — Greenhouse Gas Emissions
• 23.6 - 23.10 — Subparts 23.6—23.10 [Reserved]

Reading FAR Part 23

The full text of FAR Part 23 is available on the Electronic Code of Federal Regulations (eCFR). The eCFR provides the most current version of the regulation, including any recent amendments published through Federal Acquisition Circulars (FACs). For historical versions, use the eCFR's point-in-time search feature.

• What does FAR Part 23 cover?

  FAR Part 23 covers environment, sustainable acquisition, and material safety within the federal acquisition process. FAR Part 23 covers environment, energy and water efficiency, renewable energy technologies, sustainable acquisition, and hazardous material management. It implements statutory requirements for purchasing Energy Star and FEMP-designated products (Subpart 23.2), biobased products under the USDA BioPreferred program (Subpart 23.4), environmentally preferable products, and ozone-depleting substances. Subpart 23.7 addresses contracting for environmentally preferable products and services.

• Who must comply with FAR Part 23?

  FAR Part 23 applies to all executive branch agencies conducting acquisitions, unless a specific exemption exists. Contractors must comply with the requirements that are incorporated into their contracts through prescribed clauses from FAR Part 52. Agency-specific supplements (DFARS, GSAM, etc.) may add additional requirements beyond the base FAR.

• Where can I read the full text of FAR Part 23?

  The full text is available on the Electronic Code of Federal Regulations (eCFR). You can also access it through acquisition.gov, which is maintained by the General Services Administration. Both sources reflect the most current version of the regulation.

• How does FAR Part 23 relate to contract clauses?

  FAR Part 23 establishes the substantive policies and procedures. The actual clause language that gets incorporated into contracts is found in FAR Part 52. Each clause in Part 52 includes a "prescription" that references the relevant policy part, creating a direct link between the requirement and its implementation in the contract.