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Part 523—Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety and Drug-Free Workplace

Subpart 523.1-Sustainable Acquisition Policy

523.101 General.

FAR Part 23 requires GSA to purchase sustainable products and services. This subpart outlines the specific steps the contracting officer or designated acquisition team member must take throughout all procurements to comply with this requirement. In accordance with GSAM 523.404, this Subpart contains the GSA affirmative procurement program.

523.102 Definitions.

“Green Procurement Compilation” means a public website that identifies Federal sustainable acquisition requirements and provides other guidance for the purchase of sustainable products and services. A link to this website can be found at .

“Sustainable Facilities Tool” means a free, interactive website that helps the public identify and implement cost-effective green building and procurement strategies. A link to this website can be found at .

523.103 Applicability.

This policy applies to contract actions executed by GSA personnel, whether in support of GSA operations or on behalf of another agency.

523.104 Procedures.

(a) Pre-Award Procedures.

(b) Award Procedures. Review GSAM 504.606(b) for instructions on GSA FPDS sustainability coding. The GSA FPDS Sustainability Code Guidelines provides instructions on reporting sustainability data for individual procurements in FPDS and can be found at .

(c) Post-Award Procedures.

523.105 Sustainability Exceptions.

(a) Allowable Exceptions. An exception for acquiring sustainable products or services is available if any of the following conditions exist:

(b) Documentation Process. If at any point during the acquisition the contracting officer determines that a contract action cannot comply with the sustainable requirements outlined in GSAM 523.104(a)(1) due to an allowable exception, the contracting officer must document within the contract file the exception being used under GSAM 523.105(a) and provide supporting rationale for using the exception. The exception can be documented in the Environmental and Energy Conservation Objectives section of the acquisition plan under FAR 7.105(b)(17) or in a separate memorandum that is included in the Acquisition Plan section of the contract file.

523.106 Compliance Monitoring and Reporting.

(a) Review Process. GSA Office of Acquisition Policy is responsible for monitoring and reporting sustainable acquisition activity to the GSA Chief Sustainability Officer in support of the agency’s semiannual status report to Office of Management and Budget. This semiannual audit covers only applicable contract actions as defined in GSAM 523.103. This review will utilize existing GSA databases and processes to the maximum extent practicable in order to limit manual data collection. These reviews will focus on ensuring that GSA requires and receives sustainable products and services in all applicable acquisitions.

(b) Determining Compliance. See the GSA Sustainable Acquisition Review Criteria document at for the specific criteria that will be used to determine compliance with sustainable acquisition reviews.

Subpart 523.3—Hazardous Material Identification and Material Safety Data

523.303 Contract clauses.

(a) Insert 552.223-70, Hazardous Substances, in solicitations and contracts for packaged items subject to the Federal Hazardous Substances Act and the Hazardous Materials Transportation Act.

(b) Insert 552.223-71, Nonconforming Hazardous Materials, in solicitations and contracts for supplies that contain hazardous materials.

(c) Insert 552.223-73, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments, in solicitations and contracts for packaged items containing hazardous materials.

523.370 Solicitation provision.

Insert 552.223-72, Hazardous Material Information, in any solicitation that provides for delivery of hazardous materials on an f.o.b. origin basis.

Subpart 523.4— Use of Recovered Materials and Biobased Products

523.403 [Removed]

523.404 Agency affirmative procurement programs.

GSA’s affirmative procurement program is located within Subpart 523.1, Sustainable Acquisition Policy

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