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Government Contracting Accounting and Compliance Developments Conference
June 7&8, 2012
8:00 AM
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Proposed rule seeks to encourage procurement to foster sustainability and efficiency when making purchases.
The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) to implement Executive Order 13514, Federal Leadership in Environmental, Energy and Economic Performance. The intent of the rule is to leverage agency acquisitions to foster markets for sustainable technologies and energy efficient and environmentally sustainable materials, products, and services. Reference Federal Register: September 22, 2010 (Volume 75, Number 183). The effective date of the interim rule is October 22, 2010.
Executive Order (E.O.) 13514, Federal Leadership in Environmental, Energy and Economic Performance was issued October 5, 2009. It is being implemented in Federal contracting by FAR Case 2010-001 which is being processed concurrently with this rulemaking. This rulemaking will implement and supplement FAR Case 2010-001. FAR Case 2010-001 was drafted in recognition of changing environmental circumstances and our Nation's heightened energy demands. These circumstances demand that the Federal Government lead by example to create a clean energy economy that will increase prosperity, promote energy security, protect the interests of taxpayers, and safeguard the health of our environment. Executive Order 13514 requires Federal agencies to leverage agency acquisitions to foster markets for sustainable technologies and energy efficient and environmentally sustainable materials, products, and services. Federal agencies are additionally required to design, construct, maintain and operate high performance sustainable buildings in sustainable locations.
FAR Case 2010-001 carries forward certain elements of earlier Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," issued on January 26, 2007. That Order established the policy that Federal agencies shall conduct their environmental, transportation, and energy-related activities in an environmentally, economically, and fiscally sound, integrated, continuously improving, efficient, and sustainable manner. This rulemaking implements the Executive Orders and FAR Case in DOE contracting and more specifically in contracts for the operation of DOE facilities and motor vehicle fleets. The FAR Case is being issued as an Interim Final Rule, prior to the receipt of public comment. That is because urgent and compelling reasons exist to promulgate this action as an interim final rule, principal of which are the prior issuance of both Executive Order 13514 and E.O. 13423, which the FAR rulemaking and this rulemaking are intended to implement. The same factors warrant our issuance of this document as an Interim Final Rule. In light of Public Law 98-577, Small Business and Federal Procurement Competition Enhancement Act of 1989, and FAR 1.501, both of which require we afford the opportunity for public comment before any significant revision of the FAR System, this Interim Final Rule solicits public comments which will be fully considered before finalizing this Interim Final Rule.
Comment Date: Submit comments to the address below by October 22, 2010.
ADDRESSES: You may submit comments on this interim final rule, identified by RIN 1991-AB95, by any of the following methods:
Federal eRulemaking Portal at http://www.Regulations.gov Follow the instructions for submitting documents.
E-mail to DEARrulemaking@hq.doe.gov. Include Sustainable Acquisition and RIN 1991-AB95 in the subject line of the e-mail with a copy to Richard.langston@hq.doe.gov. Mail to Richard Langston, MA-61, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT: Richard Langston at 202-287-1339 or Richard.Langston@hq.doe.gov.
