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Contract Language for Energy-Consuming Product Purchases

Contract Language for Energy-Consuming Product Purchases

Federal agencies are required to use specific contract language when purchasing energy-consuming products that are qualified by ENERGY STAR or designated by the Federal Energy Management Program (FEMP). See energy-efficient product purchasing requirements.

Federal Acquisition Regulation Contract Language

Federal Acquisition Regulation (FAR) Part 23.206 requires agencies to insert the following clause (FAR Section 52.223-15) into solicitations and contracts that deliver, acquire, furnish, or specify energy-consuming products.

Energy Efficiency In Energy-Consuming Products (December 2007)

(a) Definition. As used in this clause—
"Energy-efficient product"
(1) Means a product that—
(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the ENERGY STAR trademark label; or
(ii) Is in the upper 25% of efficiency for all similar products as designated by the U.S. Department of Energy's Federal Energy Management Program.
(2) The term "product" does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).
(b) The contractor shall ensure that energy-consuming products are energy-efficient products (i.e., ENERGY STAR products or FEMP-designated products) at the time of contract award, for products that are—
(1) Delivered;
(2) Acquired by the Contractor for use in performing services at a federally controlled facility;
(3) Furnished by the Contractor for use by the government; or
(4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.
(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless—
(1) The energy-consuming product is not listed in the ENERGY STAR Program or FEMP; or
(2) Otherwise approved in writing by the Contracting Officer.
(d) Information about these products is available for—
(1) ENERGY STAR at http://www.energystar.gov/products; and
(2) FEMP at http://energy.gov/eere/femp/energy-and-water-efficient-products.

Efficiency Requirements

Agencies are encouraged to include efficiency requirements in the technical specification and evaluation sections of contracts. Agencies may claim an exception to these requirements through a written finding that no ENERGY STAR-qualified or FEMP-designated product is available to meet the functional requirements, or that no such product is life cycle cost effective for the specific application.

Sample Contract Language

In addition to inserting the FAR clause (above) into contracts, agencies can include the following sample language in procurement contracts.