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  • Question

    What are the environmental standard(s) that must be met when the Government (US) contracts for supplies purchased and used outside the United States?


    Answer

    1. The following FAR and DFARS references quoted in pertinent part are applicable to this response.

     

    FAR 2.101 -- Definitions

     

    “Outlying areas” means—

     

    (1) Commonwealths: (i) Puerto Rico, (ii) The Northern Mariana Islands;

    (2) Territories: (i) American Samoa, (ii) Guam, (iii) U.S. Virgin Islands; and

    (3) Minor outlying islands: (i) Baker Island, (ii) Howland Island, (iii) Jarvis Island, (iv) Johnston Atoll, (v) Kingman Reef, (vi) Midway Islands, (vii) Navassa Island, (viii) Palmyra Atoll, (ix) Wake Atoll.

     

    “United States” when used in a geographic sense, means the 50 States and the District of Columbia, except as follows: (1) For use in Subpart 3.10, se the definition at 3.1001, (2) For use in Subpart 22.8, see the definition at 22.801, (3) For use in Subpart 22.10, see the definition at 22.1001, (4) For use in Subpart 22.13, see the definition at 22.1301, (5) For use in Subpart 22.18, see the definition at 2.1801, (6) For use in Part 25, see the definition at 25.003, (7) For use in Part 27, see the definition at 27.001, [and] (8) For use in Subpart 47.4, see the definition at 47.401.

     

    FAR Subpart 23.2 -- Energy and Water Efficiency and Renewable Energy FAR  23.200 – Scope. 

    (b) This subpart applies to acquisitions in the United States and its outlying areas. Agencies conducting acquisitions outside of these areas must use their best efforts to comply with this subpart.

     

    FAR 23.202Policy. The Government’s policy is to acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies. This policy extends to all acquisitions, including those below the simplified acquisition threshold.

     

    FAR Subpart 23.3 -- Hazardous Material Identification and Material Safety Data FAR 23.301 – Definition. “Hazardous material” is defined in the latest version of Federal Standard No. 313.

     

    FAR 23.303 -- Contract Clause

     

    (a) The contracting officer shall insert the clause at 52.223-3, Hazardous Material Identification and Material Safety Data, in solicitations and contracts if the contract will require the delivery of hazardous materials as defined in 23.301.

     

    DFARS 223.370 Safety Precautions for Ammunition and Explosives DFARS 223.370-1 Scope. (a) This section applies to all acquisitions involving the use of ammunition and explosives

     

    DFARS 223.370-5 Contract clauses.  Use the clauses at 252.223-7002, Safety Precautions for Ammunition and Explosives, and 252.223-7003, Change in Place of Performance--Ammunition and Explosives, in all solicitations and contracts for acquisition to which this section applies.

     

    FAR Subpart 23.4 -- Use of Recovered Materials FAR 23.400 -- Scope of Subpart

     

    (a) The procedures in this subpart apply to all agency acquisitions of an Environmental Protection Agency (EPA) or United States Department of Agriculture (USDA)-designated item, if— (1) The price of the designated item exceeds $10,000; or (2) The aggregate amount paid for designated items, or for functionally equivalent designated items, in the preceding fiscal year was $10,000 or more.

     

    FAR 23.401Definition. As used in this subpart—

     

    (a) “EPA designated product” means a product that is or can be made with recovered material— (1) That is listed by EPA in a procurement guideline (40 CFR Part 247); and (2) For which EPA has provided purchasing recommendations in a related Recovered Materials Advisory Notice (RMAN).

    (b) “USDA-designated item” means a generic grouping of products that are or can be made with biobased materials— (1) That is listed by USDA in a procurement guideline (7 CFR part 2902, subpart B); and (2) For which USDA has provided purchasing recommendations

     

    FAR 23.404 – Agency Affirmative Procurement Programs

     

    (a) An agency must establish an affirmative procurement program for EPA and USDA-designated items if the agency’s purchases of designated items exceed the threshold set forth in 23.400.

    (b) Exemptions. [NOTE: the exemptions specified in FAR 23.404(b) do not exclude supplies that are purchased and used outside the United States]

     

    FAR Subpart 23.6 -- Notice of Radioactive Material FAR 23.602 -- Contract Clause.

     

    The contracting officer shall insert the clause at 52.223-7, Notice of Radioactive Materials, in solicitations and contracts for supplies which are, or which contain --

    (a) radioactive material requiring specific licensing under regulations issued pursuant to the Atomic Energy Act of 1954; or

    (b) radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such supplies include, but are not limited to, aircraft, ammunition, missiles, vehicles, electronic tubes, instrument panel gauges, compasses and identification markers.

     

    DFARS Subpart 223.8--Ozone-Depleting Substances DFARS 223.803 Policy.  No DoD contract may include a specification or standard that requires the use of a class I ozone-depleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard is specifically authorized at a level no lower than a general or flag officer or a member of the Senior Executive Service of the requiring activity in accordance with Section 326, Pub. L. 102-484 (10 U.S.C. 2301 (repealed) note). This restriction is in addition to any imposed by the Clean Air Act and applies after June 1, 1993, to all DoD contracts, regardless of place of performance.

     

    DFARS Subpart 223.72--Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives DFARS 223.7201 Policy. (a) The requirements of DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives, shall be applied to contracts when-- (2) The principal development, production, manufacture, or purchase of AA&E [Arms, ammunition, and explosives] is for DoD use.

     

    DFARS 223.7203 Contract clause. Use the clause at 252.223-7007, Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives, in all solicitations and contracts to which DoD 5100.76-M applies, in accordance with the policy at 223.7201.

     

    2. FAR Part 25, Foreign Acquisition, does not deal with “environmental standards” subject matter. Depending upon the nature of the particular supplies to be purchased, one or more of the environmental requirements and associated standards specified in FAR Part 23 and DFARS Part 223 as described above could be applicable to the acquisition of supplies purchased and used outside the United States.

     

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