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FAR

A New Rule for Cleaner Contracts


The Department of Defense, General Services Administration, and NASA have jointly issued a final rule amending the Federal Acquisition Regulation to enforce the procurement and utilization of sustainable products and services as identified or recommended by the Environmental Protection Agency (EPA). This initiative aims to align federal agencies with environmentally responsible practices, promoting the purchase of products and services that meet specific sustainability criteria. Notably, the rule mandates the acquisition of WaterSense-label water-efficient products and services, as well as Safer Choice-certified products containing safer chemical ingredients, as outlined by the White House. (Executive Gov April 22, 2024)

In addition to the specified product requirements, the final rule compels federal agencies to adhere to the EPA’s recommended environmental standards and ecolabels, which were updated in October 2023. These standards serve as guidance for purchasers to accurately identify and procure environmentally preferable products and services, contributing to the overall sustainability efforts of the government. EPA Administrator Michael Regan emphasized the significance of these enhanced purchasing standards in advancing the administration’s environmental objectives while concurrently bolstering domestic manufacturing and fostering economic growth nationwide. (ibid)

Chair of the White House Council on Environmental Quality, Brenda Mallory, underscored the role of the new standards in supporting President Biden’s Investing in America agenda. By prioritizing the purchase of sustainable products and services certified to EPA-recommended standards and ecolabels, federal agencies can contribute to job creation within the United States while advancing climate action and environmental sustainability goals. Ultimately, this final rule is aligned with the Biden administration’s Federal Sustainability Plan, which aims to achieve net-zero emissions and other procurement objectives by 2050, signaling a significant step towards a more sustainable future.

Looking to align your contracts more closely to the GSA/NASA final FAR regulation? Give us a call.

Prohibited telcom equipment may cost you

The General Services Administration’s (GSA) Office of the Inspector General (OIG) published a new report highlighting GSA’s failure to address prohibited telecom items on its Multiple Award Schedule (MAS) contracts. The report states that this puts customers at risk of unauthorized surveillance by foreign adversaries. In 2017 and 2018, Congress passed laws prohibiting the procurement of certain telecom and video surveillance services from specific entities, with FAS responsible for ensuring compliance. However, the OIG report reveals that FAS’s reliance on contractor self-certifications and the Prohibited Products Robomod process is inadequate in preventing the inclusion of prohibited items on MAS contract price lists. (MerriTalk July 11,2023)

The report also identifies FAS’s shortcomings in taking sufficient action against contractors violating Federal Acquisition Regulation (FAR) restrictions, as well as the lack of a process to notify customer agencies about purchases of prohibited telecom items. Furthermore, FAS initially failed to comply with FAR requirements by not including subsidiaries and affiliates of named entities in their efforts to identify prohibited items on MAS contracts. To address these issues, the OIG has made five recommendations to FAS Commissioner Sonny Hashmi, including strengthening controls and implementing more stringent consequences for non-compliant contractors. (ibid)

This report from the GSA’s OIG follows the release of the Federal Communications Commission’s (FCC) “Covered List,” which prohibits the sale of telecom network equipment and services from certain China-based providers due to national security concerns. The FCC’s ban aims to safeguard the nation’s communications networks and enhance the security and resilience of the domestic supply chain. These efforts reflect the commitment of both agencies to protect national security and mitigate risks associated with unauthorized telecommunications equipment and services. (ibid)

Questions about prohibited telcom items? give us a call.

Green is the new kid in town

Last week the General Services Administration (GSA) signed a memorandum of understanding (MOU) with the Department of Defense (DoD) to make sustainable technology products more easily available in the federal marketplace. (Washington Technology March 24, 2023)

Under the MOU, GSA will use DoD’s Sustainable Technology Evaluation and Demonstration (STED) Program information on product performance and pricing to simplify the acquisition process and make sustainable technology alternatives more readily available to federal agencies. (GSA.gov March 21, 2023)

“This partnership is an important step in strengthening our sustainable acquisition offerings, it’s so important that we help agencies more easily find and buy products that not only meet mission needs but are also better for the environment,” said Sonny Hashmi, Federal Acquisition Service commissioner. (ibid)

In accordance with the agreement, once a sustainable product that meets or exceeds DOD requirements is identified by STED, GSA will work with vendors in obtaining a new Federal Supply Schedule. (Washington Technology March 24, 2023)

Officials at GSA said they would help vendors obtain National Stock Numbers, allowing agencies to obtain sustainable products directly from GSA through the GSA Global Supply requisition process. The GSA Global Supply requisition process is currently certified in the Federal Acquisition Regulation. (ibid)

In addition to the Global Supply requisition process, agencies can also buy through the GSA Advantage! Environmental Aisle to assist in meeting federally-mandated acquisition requirements. Products identified through STED will soon have access to GSA Advantage! providing an even larger market for vendors to market their products. (ibid)

Questions about the MOU or the STED program? Give us a call.

New GSA requirement – attest to software safety

According to a recent GSA memo, software vendors will be required to ensure that only approved software is acquired and used by GSA. GSA plans to use a Cybersecurity and Infrastructure Security Agency form to collect the letters. The forms will be available in early June. (FEDSCOOP February 1, 2023)

The Cybersecurity and Infrastructure Security Agency (CISA), Chief Jen Easterly recently urged industry to take responsibility to ensure the safety of its products. The CISA Chief also recommended shareholders make sure c-suite executives are viewing cyber risk as a board-level issue. (ibid)

GSA is collecting the letters of attestation in an effort to implement a memo signed by the White House. The memo requires all federal agencies to verify that all distributed third-party IT software adheres to the National Institute of Standards and Technology (NIST) supply chain security requirements. (ibid)

The Federal Acquisition Council has under consideration, embedding the requirement for software providers to attest to the security of their products within the Federal Acquisition Regulation (FAR). (ibid)

According to the memo, “GSA’s acquisition regulations (GSAM 511.170(d)) require GSA’s Information Technology (IT) Office to approve new software before its use at GSA. To comply with Executive Order 14028 and OMB Memorandum M-22-18, which require federal agencies to only use software that complies with Government-specified secure software development practices, GSA IT will update its processes to approve software including requiring vendor attestations. GSA IT anticipates issuing an updated attestation process by June 12, 2023.” (Memorandum for the GSA Acquisition Workforce 1/11/23)

The memo also states, “Contractors providing GSA with a cloud-based solution are encouraged to work with the Federal Risk and Authorization Management Program (FedRAMP). The FedRAMP approval process will streamline the GSA IT Standards Process allowing for a timely contract start. GSA also anticipates that leveraging FedRAMP will ensure and streamline compliance with the requirements of OMB Memo M-22-18 in the future.” (ibid)

Have questions or need some guidance with your letter of attestation? Give us a call.

New Emissions Rule right around the corner

The White House proposed the Federal Supplier Climate Risks and Resilience Rule on November 10. With the new rule, larger Federal contractors will face new requirements to report data on their specific greenhouse gas emissions to protect the Federal Government’s supply chains from climate-related financial risks. (MeriTalk November 11, 2022)

According to the White House the rule, “would require major Federal Contractors to publicly disclose their greenhouse gas emission and climate-related financial risks and set science-based emissions reduction targets.” (ibid)

The White House said, “under the proposed rule, the largest suppliers including Federal contractors receiving more than $50 million in annual contracts would be required to publicly disclose specific Scope 1, Scope 2, and relevant categories of Scope 3 emissions, disclose climate-related financial risks and set science-based emissions reduction targets. Federal contractors with more than $7.5 million but less than $50 million in annual contracts would be required to report Scope 1 and Scope 2 emissions. All Federal contractors with less than $7.5 million in annual contracts would be exempt from the rule. Small businesses with over $7.5 million in annual contracts would only be required to report Scope 1 and Scope 2 emissions under the proposed rule.” These disclosures and rules help to contribute to President Biden’s Federal Sustainability Plan. (White House Fact Sheet November 10, 2022)

The types of emissions that require disclosure are direct emissions, indirect emissions from purchased energy, and indirect value chain emissions. (MeriTalk November 11, 2022)

The White House said, “the proposed rule leverages widely-adopted third-party standards and systems that many Federal contractors already use when disclosing their emissions and setting emissions reduction targets, including the DCP environmental reporting system, the Task Force on Climate-Related Financial Disclosures (TCFD) Recommendations, and the Science Based Targets Initiative (SBTi) criteria.” (ibid)

The proposed rule is issued through public comment by the Federal Acquisition Regulatory Council (FARC) and amends the Federal Acquisition Regulation (FAR). (ibid)

Questions concerning the new Emissions Rule and the reporting requirements? Give us a call.

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