Federal Acquisition Regulation; Federal Acquisition Circular 2024-05; Introduction

Published date22 April 2024
Record Number2024-07930
CourtNational Aeronautics And Space Administration
30210
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2024–0051, Sequence No.
3]
Federal Acquisition Regulation;
Federal Acquisition Circular 2024–05;
Introduction
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Summary presentation of final
rules.
SUMMARY
: This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2024–05. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
DATES
: For effective dates see the
separate documents, which follow.
FOR FURTHER INFORMATION CONTACT
: The
analyst whose name appears in the table
below in relation to the FAR case. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
R
ULES
L
ISTED IN
FAC 2024–05
Item Subject FAR case Analyst
I .............................. Sustainable Procurement ........................................................................................... 2022–006 Hawes.
II ............................. Technical Amendments.
ADDRESSES
: The FAC, including the
SECG, is available at https://
www.regulations.gov.
SUPPLEMENTARY INFORMATION
:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR rules,
refer to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2024–05 amends the FAR as follows:
Item I—Sustainable Procurement (FAR
Case 2022–006)
This final rule amends the Federal
Acquisition Regulation (FAR) to
restructure and update FAR part 23 to
focus on current environmental and
sustainability matters and to implement
a requirement for agencies to procure
sustainable products and services to the
maximum extent practicable. As a result
of this rule, content related to
sustainable products and services,
energy savings performance contracts,
hazardous and radioactive materials,
pollution prevention at Federal
facilities, and greenhouse gases are
consolidated into single subparts at FAR
subpart 23.1, 23.2, 23.3, 23.4, and 23.5,
respectively. Non-environmental
matters, to include requirements for a
drug-free workplace and encouraging
contractors to ban texting while driving,
are moved to FAR part 26. The existing
statutory and other Environmental
Protection Agency (EPA) purchasing
program requirements (previously
implemented in FAR subparts 23.2,
23.4, 23.7, and 23.8) are consolidated in
FAR subpart 23.1. This rule will require
agencies to specify in the statement of
work, or elsewhere in the contract, the
sustainable products and services,
including the purchasing programs and
types of products or services, that are
applicable to the acquisition. A new
omnibus contract clause at FAR 52.223–
23, Sustainable Products and Services,
will require contractors to ensure the
sustainable products and services
identified in the contract are delivered,
incorporated, or furnished under the
contract. The rule also updates agency
requirements for construction and
architect-engineer contracts at FAR
36.104(b)(1) to align with the Council on
Environmental Quality’s Guiding
Principles for Federal Leadership in
High-Performance and Sustainable
Buildings. The final rule may have a
significant economic impact on a
substantial number of small entities
who compete on Federal contracts.
These entities will need to ensure that
they are offering and delivering
sustainable products and services, as
specified in agency solicitations and
contracts.
Item II—Technical Amendments
An administrative change is made at
FAR 1.106, 1.401, 4.1702, 5.704, 8.402,
8.404, 8.405–1, 8.405–2, 8.405–3, 8.405–
6, 16.505, 19.305, 19.507, 28.203–1,
31.205–40, 39.000, and 52.212–3.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2024–05 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator of National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2024–05 is effective April 22,
2024 except for Items I and II, which are
effective May 22, 2024.
John M. Tenaglia,
Principal Director, Defense Pricing and
Contracting, Department of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Karla Smith Jackson,
Assistant Administrator for Procurement,
Senior Procurement Executive/Deputy CAO,
National Aeronautics and Space
Administration.
[FR Doc. 2024–07930 Filed 4–19–24; 8:45 am]
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