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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: May 26, 2000

FROM: Barry McVay, CPCM

SUBJECT: Department of Energy Acquisition Letter 2000-03; "Greening the Government" Contract Requirements

SOURCE: Department of Energy AL-2000-03, May 16, 2000

AGENCIES: Department of Energy (DOE)

ACTION: Notice

SYNOPSIS: AL-2000-03 requires the head of each DOE contracting activity to appoint a "Green Acquisition Advocate" to serve as a procurement expert and team member for "Greening the Government initiatives" within each DOE contracting activity. Also, the AL assigns appropriate roles and responsibilities for the Green Acquisition Advocates and the DOE procurement community as they work with other DOE personnel to implement government-wide "Greening" initiatives.

EDITOR'S NOTE: For now, the Green Acquisition Advocate is to oversee compliance with two executive orders (EOs): 13101, Greening the Government Through Waste Prevention, Recycling and Federal Acquisition; and 13123, Greening the Government Through Efficient Energy Management. This AL does not address the "Greening" executive orders that President Clinton signed on April 21, 2000 (13148, Greening the Government Through Leadership in Environmental Management; and 13149, Greening the Government Through Federal Fleet and Transportation Efficiency), however, "it is anticipated that additional requirements will be added to this Acquisition Letter to implement these new orders but it is too early to give specifics."

For more on the April 21, 2000, "Greening the Government" executive orders, see the April 26, 2000, FEDERAL CONTRACTS DISPATCH "'Greening the Government' Executive Orders."

For more on the recent proposed revision to the Federal Acquisition Regulation (FAR) to implement the provisions of Executive Order 13123, see the May 10, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Energy Efficiency of Supplies and Services."

Also, see FAR Subpart 23.2, Energy Conservation, FAR Subpart 23.4, Use of Recovered Materials, and FAR Subpart 23.7, Contracting for Environmentally Preferable and Energy-Efficient Products and Services.

EFFECTIVE DATE: May 27, 2000.

FOR FURTHER INFORMATION CONTACT: Richard Langston, Office of Procurement and Assistance Policy, 202-586-8247, or e-mail at richard.langston@pr.doe.gov.

SUPPLEMENTAL INFORMATION: EO 13101, Greening the Government Through Waste Prevention, Recycling and Federal Acquisition, was issued on September 5, 1995, to improve federal use of recycled products and environmentally preferable products and services. It requires federal agencies to use their acquisition program as a tool to increase and expand markets for recovered materials through greater federal preference and demand for such products. (EDITOR'S NOTE: See the January 19, 2000, FEDERAL CONTRACTS DISPATCH "Comprehensive Guideline for Procurement of Products Containing Recovered Materials and Recovered Materials Advisory Notice III (RMAN III)" for more on the Environmental Protection Agency's (EPA) implementation of EO 13101. EPA's Comprehensive Procurement Guidelines information site is at http://www.epa.gov/cpg/.)

EO 13123, Greening the Government Through Efficient Energy Management, was issued June 3, 1999, to promote the acquisition of energy efficient products and services. It requires the government to significantly improving its energy management to save funds and to reduce emissions that contribute to air pollution and global climate change. It requires federal agencies to acquire Energy Star(R) labeled products, or products in the upper 25% of energy efficiency as designated by the Federal Energy Management Program if Energy Star(R) products are not available. Also, the EO encourages the procurement of renewable energy including solar energy, and promotes the use of "Energy Savings Performance Contracts" to improve the energy efficiency of federal facilities. (EDITOR'S NOTE: The Energy Star(R) program is jointly managed by the EPA and DOE. The Energy Star(R) Internet site at http://energystar.gov/ contains a list of products and manufacturers that meet specific criteria for energy conservation.)

To insure compliance with these "Greening" executive orders (and others that have been issued), AL-2000-03 requires each head of the contracting activity to appoint a Green Acquisition Advocate who will:

In addition, the Green Acquisition Advocate will have additional responsibilities, including:

The AL also provides instructions to contracting officers for implementing the "Greening" EOs. Besides reviewing and drafting solicitations and contracts so they contain the appropriate provisions and clauses, and working with requirements personnel and contractor personnel to make sure all are aware of their responsibilities, contracting officers will have other duties, such as:

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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