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Acquisition Policy Flash! 16-19

Reminder!

Contracting for Electronic Product Environmental Assessment Tool (EPEAT®)-Registered Products

Purpose:  The purpose of this Acquisition Policy Flash is to reaffirm for the VA Acquisition workforce requirements to procure EPEAT®-registered electronics per Federal Acquisition Regulation Part 23, Executive Order (E.O.) 13693, Planning for Federal Sustainability in the Next Decade, and the Implementing Instructions for E.O. 13693.

Dated:  August 08, 2016

Federal Acquisition Regulation (FAR) Sections Impacted:  FAR Part 23, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace; FAR Subpart 23.7, Contracting for Environmentally Preferable Products and Services; FAR Subpart 52.2, Text of Provisions and Clauses; and FAR Part 39, Acquisition of Information Technology.

Executive Order (EO) Driver:  E.O. 13693, Planning for Federal Sustainability in the Next Decade

Effective Date:  Immediately

Background:  On March 19, 2015, President Obama signed E.O. 13693 External link to a government website, Planning for Federal Sustainability in the Next Decade, revoking E.O. 13423, Strengthening Federal Environmental, Energy, and Transportation Management, and E.O. 13514, Federal Leadership in Environmental, Energy, and Economic Performance.  E.O. 13693 amends the sustainable acquisition goals set forth in these prior orders.  On June 10, 2015, the Federal Sustainability Office of the White House Council on Environmental Quality issued Implementing Instructions to assist Federal agencies in applying the mandates of E.O. 13693.

Unlike E.O.s 13423 and 13514, E.O. 13693 does not include a specific reference to EPEAT®-registered electronic products.1  Rather, E.O. 13693 section 3(l) requires agencies to ensure “procurement preference for environmentally sustainable electronic products” as established in E.O. 13693 section 3(i), which (among other things) directs agencies to purchase products that are ENERGY STAR qualified; are Federal Energy Management Program (FEMP)-designated; and meet or exceed specifications, standards, or labels recommended by the US Environmental Protection Agency (EPA).  EPA’s interim recommended standard External link to a government website for electronics is “EPEAT-registered (highest rating available);” therefore, agencies must continue buying EPEAT®-registered products.  Furthermore, the Implementing Instructions for E.O. 13693 acknowledge that “EPEAT is currently the only tool available to achieve the electronic stewardship mandates of section 3(l) of E.O. 13693.”

FAR 23.704 currently prescribes policy for the procurement of EPEAT®-registered personal computer products, imaging equipment, and televisions.  FAR 39.101(a)(1)(ii) prescribes policy for agencies to identify EPEAT® standards among their requirements for the acquisition of information technology.  VA’s purchase of EPEAT®-registered products is also required by VA Directive 0057, VA Environmental Management Program, and VA Directive 0058, VA Green Purchasing Program.

Applicability:  This policy applies to acquisitions of electronic products to be used in the United States, unless otherwise provided by VA procedures.  When acquiring electronic products to be used outside the United States, VA purchasers must use their best efforts to comply.  This policy also applies to electronic products acquired by the contractor for use in performing services at a VA-controlled facility, or furnished by the contractor for use by VA.

Action Required:  Contracting officers shall insert the following clauses, as appropriate, for all solicitations and new contract actions, unless an exception at FAR 23.704(a) applies:

  • FAR 52.223-13 for the acquisition of EPEAT®-Registered Imaging Equipment (i.e., copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and scanners);
  • FAR 52.223-14 for the acquisition of EPEAT®-Registered Televisions;
  • FAR 52.223-16 for the acquisition of EPEAT®-Registered Personal Computer Products.

In accordance with EPA recommendations, VA encourages the acquisition of the highest EPEAT® rating (e.g., silver- or gold-registered products) where such products are sufficiently available, meet VA s requirements, and are cost effective over their life.  In these instances, use the applicable clause with its Alternate I paragraph.

Existing contract vehicles that require the delivery of EPEAT®-registered products may be utilized consistent with the requirements of VA Procurement Policy Memorandum 2016-05, Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision, but VA purchasers must ensure delivery or task orders specify EPEAT®-registered products.  For information about EPEAT® and the EPEAT® product registry, see http://www.epeat.net External link to a non-government website.

Rescission:  This Acquisition Policy Flash rescinds Acquisition Policy Flash 14-04, Contracting for Environmentally Preferable Products and Services:  Electronic Product Environmental Assessment Tool (EPEAT)-Registered Products, dated September 2, 2014.

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service at va.procurement.policy@va.gov.

1 EPEAT® is a rating system that helps purchasers identify, compare, and select environmentally preferable electronics utilizing the EPEAT® Registry.  The EPEAT® standard is a voluntary consensus-based American national standard specified in the Institute of Electrical and Electronics Engineers (IEEE-1680) family of standards.