> ### Subpart 23.7- Contracting for Environmentally Preferable and Energy-Efficient Products and Services

> ## 23.700 Scope.

> This subpart prescribes policies for obtaining environmentally preferable and energy-efficient products and services.

> ## 23.701 Definition.

> "Biobased product," as used in this subpart, means a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials.

> ## 23.702 Authorities.

> (a) Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901, et seq.).
> (b) National Energy Conservation Policy Act (42 U.S.C. 8262g).
> (c) Pollution Prevention Act of 1990 (42 U.S.C. 13101, et seq.).
> (d) Executive Order 12856, of August 3, 1993, Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements.
> (e) Executive Order 12902, of March 8, 1994, Energy Efficiency and Water Conservation at Federal Facilities.
> (f) Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition.

> ## 23.703 Policy.

> Agencies must-

> (a) Implement cost-effective contracting preference programs favoring the acquisition of environmentally preferable and energy-efficient products and services; and
> (b) Employ acquisition strategies that affirmatively implement the following environmental objectives:
> (1) Maximize the utilization of environmentally preferable products and services (based on EPA-issued guidance).
> (2) Maximize the utilization of energy-efficient products.
> (3) Eliminate or reduce the generation of hazardous waste and the need for special material processing (including special handling, storage, treatment, and disposal).
> (4) Promote the use of nonhazardous and recovered materials.
> (5) Realize life-cycle cost savings.
> (6) Promote cost-effective waste reduction when creating plans, drawings, specifications, standards, and other product descriptions authorizing material substitutions, extensions of shelf-life, and process improvements.
> (7) Consider the use of biobased products.

> ## 23.704 Application to Government-owned or -leased facilities.

> Executive Order 13101, Section 701, requires that contracts for contractor operation of a Government-owned or -leased facility and contracts for support services at a Government-owned or -operated facility include provisions that obligate the contractor to comply with the requirements of the order. Compliance includes developing programs to promote and implement cost-effective waste reduction and affirmative procurement programs required by 42 U.S.C. 6962 for all products designated in EPA's Comprehensive Procurement Guideline (40 CFR part 247).

> ## 23.705 Contract clause.

> Insert the clause at 52.223-10, Waste Reduction Program, in all solicitations and contracts for contractor operation of Government-owned or -leased facilities and all solicitations and contracts for support services at Government-owned or -operated facilities.