Multiple acts of Congress and Federal regulations direct preferred procurement of products by Federal agencies. The U.S. Department of Energy Acquisition Regulation (DEAR 970.5223-7, DEAR 952.223-78) sets forth Departmental requirements governing sustainable acquisition and directs life cycle cost analyses to be undertaken when purchasing products. The overarching drivers are summarized in Chapter 23 of the Acquisition Guide. The preferred products designated by Congress for purchase with specific attributes each have different purchasing requirements. The Green Product Compilation shows the requirements and organizes the designated products by type of service. The following list of preferred procurement programs requires DOE response:
Require establishment of a Sustainable Acquisition Program
Require giving preference to the purchase of sustainable products and services
Require consideration of life cycle costs and savings in planning and making determinations about investments in all capital assets, services, and procurements
Require inclusion of all designated products and services in new contract actions including task and delivery orders
Require incentive and award programs to reward exceptional individual and team performance in implementing the goals
The DOE Offices responsible for implementation are EERE, EHSS, and MA.
Require giving preference to the purchase of ENERGY STAR? products identified by EPA, FEMP-designated energy-efficient products identified by DOE, and, in general, energy and water efficient products
Require improved energy efficiency and reduction of greenhouse gas emissions through reduction of energy intensity by 3 percent annually through the end of FY2015 or by 30 percent by the end of FY2015, relative to the baseline of the agency's energy use in FY2003.
Require at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources.
Require, to the extent feasible, renewable energy generation projects on agency property for agency use
Require reduction of water consumption intensity relative to the baseline of the agency's water consumption in FY 2007, through life-cycle cost effective measures by 2 percent annually through the end of FY 2015 or 16 percent by the end of FY 2015
Require new contract actions, task, and delivery orders specify the designated products
The DOE offices responsible for implementation are EERE, EHSS, and MA.
Fuel/Vehicles - Alternatives
U.S. Congress Energy Policy Acts of 1992 and 2005 (Title VII)
The Regulations:
Require giving preference to the purchase of alternative fuels and vehicles
Require 75% of a Federal fleet's covered vehicle (under 8,500lb) acquisitions be alternative fuel vehicles (AFV)
Require 95% of dual fuel vehicles be operated on alternative fuels unless waiver approved by DOE
Requires an annual reduction in AFV waivers from previous year of 10% if <50% AFVs waivered or 2% if <50% AFVs waivered for an OMB Scorecard green rating or an annual reduction in AFV waivers from previous year of 5% if >50% AFVs waivered or 1% if <50% AFVs waivered for a yellow rating beginning in FY2009
Require reduction in fleet's total consumption of petroleum products by 2% annually through end of fiscal year 2015
Require increase in total fuel consumption that is non-petroleum-based by 10% annually
"Require use of plug-in hybrid (PIH) vehicles when PIH vehicles are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH vehicles
The DOE offices responsible for implementation are EERE, EHSS, and MA.
Require giving preference to the purchase of safe alternatives to ozone-depleting substances (ODS) as approved by the EPA's Significant New Alternatives Policy (SNAP) program
Require plans to replace ODSs that target cost effective elimination of ODSs in new equipment and facilities and by phasing out ODS applications as the existing equipment using those substances reaches its expected service life
Require agencies to consider 1) maintaining equipment to prevent or fix leaks and 2) replacing leaking equipment when repair is no longer cost-effective or where it is life-cycle cost-effective to replace the equipment
Require revision of personal property management policies to preclude the disposal of ODSs removed or reclaimed from its facilities or equipment, including disposal as part of a contract, trade, or donation, without prior coordination with the Department of Defense
Require new contract actions, task, and delivery orders specify the designated products
The DOE offices responsible for implementation are EERE, EHSS, and MA.
Require giving preference to the purchase of products designated by the U.S. Environmental Protection Agency that contain recycled content and especially printing and writing paper with a minimum of 30 percent post-consumer recycled content
Require purchasers to verify the recycled content in the products they purchase
Allow exemptions for non-purchase based on the CAP (Cost too high, not Available, does not meet Performance criteria)
Require that new construction and major renovation of agency buildings comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings set forth in the Federal Leadership in High Performance and Sustainable Buildings Memorandum of Understanding (2006)
Require 15 percent of the existing Federal capital asset building inventory incorporate the sustainable practices set forth in the Guiding Principles by FY2015
Require implementing within the agency sustainable practices for high performance construction, lease, operation, and maintenance of buildings
Require contracts for contractor operation of government-owned facilities or vehicles entered into after January 26, 2007 require the contractor to comply with the provisions of this order with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles
Require agreements, permits, leases, licenses, or other legally-binding obligations between the agency and a tenant or concessionaire entered into after January 26, 2007 require, to the extent the head of the agency determines appropriate, that the tenant or concessionaire take actions relating to matters within the scope of the contract that facilitate the agency's compliance with this order
The DOE offices responsible for implementation are EERE.
For DOE Sustainable Acquisition questions, contact Shab Fardanesh (202-586-7011).
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