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2024 Webinar Series
The FAR:
Federal Acquisition Regulations
Understand the rules of the federal contracting game - and play to win!
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
ABOUT THE SERIES:
 We’ll cover each PART of THE FAR
 Typically held Wednesdays and Fridays, 12pm
 Complimentary
 Recorded
 Video Posted on YouTube https://www.youtube.com/@jenniferschaus/videos
 PPT Posted on SlideShare.net
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J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
ABOUT US:
 Services for FED GOV CONTRACTORS:
 Washington DC based;
 Professional services for established gov
cons;
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2024 Webinar Series
THE FAR
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10am DOD - FY25 Budget Request, Room 2359, House-Rayburn
1030am ARMY CORPS FY25 Budget, Room 2362B, House-Rayburn
2pm USAF & SPACE FORCE - FY25 Budget, Room 2362A, House-Rayburn
3pm NAVY - FY25 Budget Request, Room N/A, House-Rayburn
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2024 Webinar Series - THE FAR
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The FAR – Federal Acquisition Regulations - WEBINAR SERIES 2024
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2024 Webinar Series
THE FAR
THE FAR – PART 23
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
FAR PART #23:
Environment, Energy and Water Efficiency, Renewable
Energy Technologies, Occupational Safety, and Drug-
Free Workplace
SPEAKER: Tamara McNulty
FIRM: Potomac Law Group, PLLC
EMAIL: tmcnulty@potomaclaw.com
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
FAR PART #23:
Environment, Energy and Water Efficiency, Renewable
Energy Technologies, Occupational Safety, and Drug-
Free Workplace
SPEAKER: Allison Geewax
FIRM: Smith, Currie & Hancock
EMAIL: aggeewax@smithcurrie.com
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
The Federal Government Has a Huge Purchasing Footprint
• It spends approximately $450 billion on goods and services in any given
year.
• Of that, approximately $74 billion is spent on IT equipment and services.
• It spends $3.5 billion every year to provide energy to its facilities
• It owns or leases approximately 630,000 vehicles worldwide
• It manages or owns nearly 1 in every 5 acres in the U.S. It has a real
property portfolio of over 750,000 assets, including over 275,000 buildings.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
What is FAR Part 23?
FAR Part 23 concerns the Government’s policies and procedures for:
1. Supporting the Government’s program for ensuring a drug-free workplace,
2. Protecting and improving the quality of the environment, and fostering
markets for sustainable technologies, materials, products, and services,
and
3. Encouraging the safe operation of vehicles.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
What is FAR Part 23?
What is “sustainable acquisition”?
• The Government is mandated by various statutes and executive orders to
purchase certain products with specific environmental or energy qualities.
These statutes and executive orders as it relates to acquisition are
effectuated through FAR Part 23.
• Sustainable acquisition goes beyond just purchasing products that further
the Government’s environmental/energy goals. The Government, as a
major purchaser of services, also can mandate that its service provides
use sustainable products in their delivery of those services.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
What is FAR Part 23?
This presentation will walk through the statutory/E.O. requirements as they
are implemented in the various FAR Part 23 subparts:
• Recycled content: Resource Conservation and Recovery Act (RCRA)
• Biobased content: Farm Security and Rural Investment Act (2002 Farm
Bill), and the 2008 and 2014 Farm Bills.
• Energy efficient products and alternative fuel vehicles: Energy Policy Act of
1992 and 2005.
• Building energy efficiency: Energy Independence and Security Act of 2007.
• Alternatives to ozone depleting substances: Clean Air Act.
• Chemicals: Pollution Prevention Act of 1990.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
What is FAR Part 23?
• Massive changes are coming, implementing EOs 14030, 14057
• Proposed FAR rule issued in November 2022. Comment period was
extended until February 2023. Over 38,000 comments were received. Final
rule not issued yet but it is being worked on.
• While the rule is focused on prime contractors who do a substantial
amount of government contracting, its effects will permeate down to
subcontractors and even to employees of prime and subcontractors.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.1 Sustainable Acquisition Policy
95% of new contracts must include provisions that require that products are:
(1) Energy-efficient (ENERGY STAR® or Federal Energy Management
Program (FEMP)-designated);
(2) Water-efficient;
(3) Biobased;
(4) Environmentally preferable (e.g., EPEAT®–registered, or non-toxic or less
toxic alternatives);
(5) Non-ozone depleting; or
(6) Made with recovered materials.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.1 Sustainable Acquisition Policy
• What does this subpart apply to?
• All new contracts for products or services, including construction
services.
• But it does not apply to:
• Contracts performed outside of the US (unless the agency head
determines that it would be in the best interest of the US to do so), or
• Weapons systems.
• Agencies also have the power to exempt certain other contracting activities
under FAR 23.105. Nearly all of the activities mentioned that can be
exempted concern issues of law enforcement, intelligence, or national
security.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.2 Energy and Water Efficiency and Renewable Energy
• Acquiring “energy-consuming” products
• Agencies must purchase ENERGY STAR® Program or Federal Energy Management
Program (FEMP) designated products. These are available online
(www.energystar.gov and www.energy.gov).
• For products that consume power in stand-by mode and are listed on FEMP's Low
Standby Power Devices product listing, agencies must purchase products that meet
FEMP’s stand-by power wattage recommendation or document the reason for not
purchasing such items. If FEMP hasn’t provided a wattage recommendation, then
agencies must purchase items that use no more than one watt in standby power
consuming mode.
• For construction or services contracts, if the contract requires the contractor to provide
energy-consuming products to the government, agencies must specify products that
comply with these requirements.
• Required contracting clause: 52.223–15, Energy Efficiency in Energy–Consuming
Products
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.2 Energy and Water Efficiency and Renewable Energy
What does this subpart apply to?
• All acquisitions, including those below the SAT or below the micro-
purchase threshold, in the US and its outlying areas. Agencies conducting
acquisitions outside of these areas must still use best efforts to comply with
FAR 23.2.
• Note that this applies to acquisitions made using a Government purchase
card.
• Exemption: if the agency head determines (in writing) that no ENERGY
STAR/FEMP designated product is reasonably available that meets the
functional requirements of the agency or that no ENERGY STAR® or
FEMP–designated product is cost effective over the life of the product
taking energy cost savings into account.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.2 Energy and Water Efficiency and Renewable Energy
Energy-Savings Performance Contracts
• Under an ESPC, an agency can contract with an energy service company
for a period not to exceed 25 years to improve energy efficiency in its
facilities at no direct capital cost to the Government. The energy service
company finances the capital costs of implementing energy conservation
measures and receives, in return, a contractually determined share of the
cost savings that result.
• FAR 23.205 requires agencies to use ESPCs, when life-cycle cost-
effective, to reduce energy use and cost in the agency's facilities and
operations.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.3 Hazardous Material Identification and Material Safety Data
If hazardous materials are expected to be used during contract performance,
contractors must submit Material Safety Data Sheets prior to contract award
(by the apparent successful offeror only) and at the time of delivery (except
for DOD contracts).
Required Clause:
• DOD: FAR 52.223-3
• All other agencies: FAR 52.223-3 Alternate I.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.4 Use of Recovered Materials and Biobased Products
The Government wants to encourage the purchase of materials containing recovered
materials and biobased products designated by the EPA and USDA.
EPA/USDA- Designated Items
• EPA-designated item: products that are or can be made with recovered materials,
and for which EPA has provided recommended practices for buying these products.
EPA has currently identified 61 items: https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program#products.
• USDA-designated items: a generic grouping of products that are or can be made
with biobased materials for which USDA has provided purchasing
recommendations. USDA has currently identified 139 items:
https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.4 Use of Recovered Materials and Biobased Products
What does this subpart apply to?
Acquisitions of any EPA/USDA designated item if the price of the designated item is
more than $10,000, or the aggregate amount paid for designated items, or for
functionally equivalent designated items, in the preceding fiscal year was $10,000 or
more.
Agencies must establish an affirmative procurement program for EPA and USDA-
designated items if the agency’s purchases of designated items exceed the threshold.
These programs must require that 100% of purchases of EPA or USDA-designated
items contain recovered material or biobased content, unless the item cannot be
acquired competitively within a reasonable time frame; meeting reasonable
performance standards; or a a reasonable price.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.5 Drug-Free Workplace
What does this subpart apply to?
All contracts and modifications that require a justification and approval except those:
• At or below the simplified acquisition threshold;
• For commercial items
• Performed outside the United States and its outlying areas or any part of a contract
performed outside the United States and its outlying areas;
• By law enforcement agencies, if the head of the law enforcement agency or
designee involved determines that application of this subpart would be inappropriate
in connection with the law enforcement agency’s undercover operations; or
• Where application would be inconsistent with the international obligations of the
United States or with the laws and regulations of a foreign country.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.5 Drug-Free Workplace
This subpart concerns affects a contractor’s responsibility. All offerors must provide a
drug-free workplace by:
1. Publishing a statement notifying its employees that the unlawful drug activity is
prohibited in the contractor’s workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
• All employees engaged in performance of the contract must be provided with a copy
of the statement.
• All employees must be notified that, as a condition of employment on a covered
contract, the employee must abide by the terms of the statement and notify the
employer in writing of the employee’s conviction under a criminal drug statute for a
violation occurring in the workplace no later than 5 days after such conviction.
2. Establishing an ongoing drug-free awareness program.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.6 Notice of Radioactive Material
This subpart requires the contractor to notify the contracting officer prior to
delivery of radioactive material.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.7 Contracting for Environmentally Preferable Products and Services
This subpart requires agencies to implement cost-effective contracting preference programs
promoting energy-efficiency, water conservation, and the acquisition of environmentally preferable
products and services.
Agencies must affirmatively implement the following environmental objectives:
• Maximize the utilization of environmentally preferable products and services (based on EPA-
issued guidance).
• Promote energy-efficiency and water conservation.
• Eliminate or reduce the generation of hazardous waste and the need for special material
processing (including special handling, storage, treatment, and disposal).
• Promote the use of nonhazardous and recovered materials.
• Realize life-cycle cost savings.
• Promote cost-effective waste reduction when creating plans, drawings, specifications, standards,
and other product descriptions authorizing material substitutions, extensions of shelf-life, and
process improvements.
• Promote the use of biobased products.
• Purchase only plastic ring carriers that are degradable.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.7 Contracting for Environmentally Preferable Products and Services
Electronic Products Environmental Assessment Tool
When acquiring an electronic product to meet their requirements, agencies must meet
at least 95 percent of those requirements with Electronic Product Environmental
Assessment Tool (EPEAT®)-registered electronic products, unless-
(i) There is no EPEAT® standard for such product;
(ii) No EPEAT®-registered product meets agency requirements; or
(iii) The agency head has provided an exemption in accordance with 23.105.
There is an EPEAT Registry available online at https://epeat.net/.
Electronic products include; computers, displays, imaging equipment, cell phones,
servers, and TVs.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.8 Ozone-Depleting Substances and Greenhouse Gases
• It is the Government’s policy to minimize the procurement of materials and
substances that contribute to the depletion of stratospheric ozone and/or contribute
to global warming.
• This subpart requires the Government to comply with the requirements of the Clean
Air Act in preparing specifications and purchase descriptions, including either giving
preference to acceptable alternative chemicals, products, and manufacturing
processes that reduce overall risks to human health and the environment or simply
requiring that contractors use such alternatives.
• This is required in all contracts fort refrigeration equipment, air conditioning
equipment, clean agent fire suppression systems, bulk refrigerants and fire
suppressants, solvers, dusters, and any other manufactured end products that may
contain or be manufactured with ozone-depleting substances.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.9 Contractor Compliance with Environmental Management Systems
• Agencies are required implement environmental management systems
(EMS) at all appropriate organizational levels. Where contractor activities
affect an agency’s environmental management aspects, EMS
requirements shall be included in contracts to ensure proper
implementation and execution of EMS roles and responsibilities.
• Required for all solicitations and contracts for contractor operation of
Government-owned or -leased facilities or vehicles, located in the United
States.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.10 Federal Compliance with Right-to-Know Laws and Pollution Prevention
Requirements
Applies to all facilities owner/operated by an agency in the customs territory of
the US.
• Federal facilities must comply with the emergency planning and toxic
release reporting requirements in the Emergency Planning and Community
Right-to-Know Act of 1986 and the Pollution Prevention Act of 1990 and
the toxic chemical and hazardous substance release and use reduction
goals of Executive Order 13423.
• Every new contract that provides for performance on a Federal facility shall
require the contractor to provide information necessary for the Federal
agency to comply with the requirements of these laws/executive orders as
well as any environmental management systems (see previous slide) and
facility compliance audits for the Federal facility.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
23.11 Encouraging Contractor Policies to Ban Text Messaging While Driving
• A newer addition to FAR Part 23 – it implements the requirements of the
Executive Order (E.O.) 13513, dated October 1, 2009 (74 FR 51225,
October 6, 2009), Federal Leadership on Reducing Text Messaging while
Driving.
• This applies to all solicitations and contracts. No exceptions.
• Agencies must encourage all contractors and subcontractors to
adopt/enforce policies that ban text messages while driving (1) company
owned or rented vehicles, (2) government owned vehicles, and (3)
privately owned vehicles when on official government business/performing
work for or on behalf of the government.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
New Changes Coming!
• Massive changes are coming! Implementing EOs 14030, 14057.
• Proposed FAR rule issued in November 2022. Comment period was
extended until February 2023.
• Over 38,000 comments were received. Final rule not issued yet but it is
being worked on.
• While the rule is focused on prime contractors who do a substantial
amount of government contracting, its effects will permeate down to
subcontractors and even to employees of prime and subcontractors.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
Where will it apply?
• The new order will apply within the “United States”, but that is defined
broadly to include the 50 states, the District of Columbia, Puerto Rico, and
numerous islands in the Pacific Ocean such as Guam and American
Samoa and the airspace.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
When is it effective?
• “Significant contractors” will be required to complete their GHG inventories
and disclosures within one year after publication of the final rule.
• “Major contractors” will have two years to comply following publication of
the final rule.
• Why so long? Because it is going to be incredibly burdensome to
comply
• Section 318 of NDAA FY2024 prohibits DOD from acquiring traditional
defense contractors to disclose greenhouse gas inventory or emissions as
a condition to award until December 22, 2024
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
To whom will it apply?
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
Exempt Contractors
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
• Alaska native corporations
• Community development
corporations
• Indian tribes
• Native Hawaiian
organizations
• Tribally owned concerns
• Higher education institutions
• Nonprofit research entities
• State or local governments
• Entities deriving 80% or more of their
annual revenue from federal
Management and Operating contracts
that are subject to agency annual site
sustainability reporting requirements.
• Nonprofit contractors and Small
Business contractors* - a Partial
Exemption
• Section 318 of NDAA FY2024 prohibits
DOD from requiring nontraditional
defense contractors to disclose
greenhouse gas inventories or emissions
as a condition of award.
2024 Webinar Series - THE FAR
What will be required of contractors?
Deliver up to three items:
1. Greenhouse Gas Inventory – A listing of Types of GHG;
2. Annual Climate Disclosure – The amounts of GHG; and
3. Science-Based Targets – For the reduction of GHG.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
What Will Be Required of the Applicable Contractors – Types of Emissions
Types of Emissions:
Scope 1 – Emissions from sources owned or controlled
by contractor;
Scope 2 – Emissions associated with generation of
electricity, heating, cooling or steam from
sources not owned or controlled by contractor;
Scope 3 – Emissions a consequence of contractor’s
operation but from sources not owned or
controlled by contractor.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
What Will Be Required of the Applicable Contractors – Impacts
• “Major contractors” must complete all 3 deliverables for scope 1, 2, and 3
emissions.
• “Significant contractors” need only complete a Greenhouse Gas inventory
and Annual Climate Disclosure for scope 1 and 2 emissions.
• Partial Exemption for:
• Small Businesses and Nonprofits
• DOD Nontraditional Contractors.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
Responsibility Standard
• FAR Part 9 will be amended to make it clear that if a prospective contractor
has not complied with the disclosure requirements of the new rule, "the
contracting officer shall presume that a prospective contractor is not
responsible" and therefore ineligible for award.
• Limited exceptions will apply if, for example, the noncompliance resulted
from circumstances properly beyond the contractor's control; the
prospective contractor has shown it has taken substantial efforts to comply;
and the prospective contractor has made a public commitment to comply as
soon as possible.
• Waivers – High Level and Very Specific! – National Security, Emergency;
DOD Nontraditional Contractors
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series - THE FAR
Potential Impacts
• A Carbon Footprint Evaluation Factor – What else would the contracting
agencies be likely to do with the information from the disclosure of the types
and amounts of GHG being emitted?
• Even if a company has made the disclosures and is not thrown out for
responsibility reasons, if it emits more GHG into the atmosphere than
its competitors, that may very well convince the agency on a particular
contract that it is not the "best value".
• How much importance to be accorded this evaluation factor will depend
on the agency, the project, and the individual contracting officer.
• Agency Supplements to the FAR will likely address this.
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
THANK YOU FOR ATTENDING!
FAR PART #23:
Environment, Energy and Water Efficiency, Renewable Energy
Technologies, Occupational Safety, and Drug-Free Workplace
SPEAKER: Tamara McNulty
FIRM: Potomac Law Group, PLLC
EMAIL: tmcnulty@potomaclaw.com
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
THANK YOU FOR ATTENDING!
FAR PART #23:
Environment, Energy and Water Efficiency, Renewable Energy
Technologies, Occupational Safety, and Drug-Free Workplace
SPEAKER: Allison Geewax
FIRM: Smith, Currie & Hancock
EMAIL: aggeewax@smithcurrie.com
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
2024 Webinar Series
THE FAR
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including THESE WEBINARS!
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2024 Webinar Series
The FAR:
Federal Acquisition Regulations
THANK YOU FOR JOINING US!
J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com

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  • 5. 2024 Webinar Series THE FAR ABOUT US:  Services for FED GOV CONTRACTORS:  Washington DC based;  Professional services for established gov cons;  Market Analysis to GSA Schedules;  Contract Administration, etc. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
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  • 7. Marketing TO Federal Contractors? BOGO Digital Advertising Offer 30,000+ Newsletter Subscribers 90% Federal Contractors 23% - 32% Open Rates (12 Mo Ave) 4% - 12% Click Rates (12 Mo Ave) -------------------------------- hello@JenniferSchaus.com for details
  • 8. NAVY - SeaPort-NxG Get On These Contract Vehicles! We Can Help – Email Us at hello@JenniferSchaus.com NASA - SEWP IV GSA - MAS
  • 9. TUESDAY 4/16 10am USPS - Oversight, Room: SD342 - Senate-Dirkson 10am Ag - FY25 Budget Estimates - Room SD124 - Senate-Dirkson 10am HHS - FY25 Budget Estimates - Room SD138 - Senate-Dirkson 10am DoE - FY25 EOP Proposed Budget- Room SD366 - Senate-Dirkson 10am NAVY/MARINE - FY25 Budget Estimates - Room SD192 - Senate-Dirkson 1030am IRS - FY25 EOP Proposed Budget, Room 215 - Senate-Dirkson 10am The VA - FY25 Budget Request, Room 2362B - House-Rayburn 10am SBA - SBIC, SBIR, Room 2360B, House-Rayburn 10am DHS - FY25 Budget Request, Room 310 House-Canon 11am AOC - FY25 Budget Request, Room HT-2, House-Capitol 3pm DoD Energy/Enviro - FY25 Budget, Room 2212B, House-Rayburn WEDNESDAY 4/17 9am The House - FY25 Budget Request, Room HT-2, House-Capitol 10am DOD - FY25 Budget Request, Room 2359, House-Rayburn 1030am ARMY CORPS FY25 Budget, Room 2362B, House-Rayburn 2pm USAF & SPACE FORCE - FY25 Budget, Room 2362A, House-Rayburn 3pm NAVY - FY25 Budget Request, Room N/A, House-Rayburn THURSDAY 4/18 9am FDA - FY25 Budget Request, Room 2362A, House-Rayburn US SENATE AND HOUSE OF REPRESENTATIVES – Scheduled Hearings
  • 10. Our Sponsored Content Webinars Palmetier Law – Part 1 of 2 - Thursday JUNE 20 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/819675359822707801 Palmetier Law – Part 2 of 2 Thursday JUNE 27 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/4351522212519190620
  • 11. 2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 12. The FAR – Federal Acquisition Regulations - WEBINAR SERIES 2024 JSchaus & Associates – Washington DC – hello@JenniferSchaus.com
  • 13.  Full training calendar: virginiaptac.org & useful links  Register for free counseling: https://virginiaptac.org/services/counseling/  Your “one stop” shop for Government Contracting assistance  Reach us at apex@gmu.edu or 703-277-7750 This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense. Next Steps?
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  • 15. NOVA B2G Matchmaking Conference 12TH ANNUAL NORTHERN VIRGINIA B2G MATCHMAKING CONFERENCE & SMALL BUSINESS EXPO May 2, 2024 | 8:00 AM - 1:00 PM | Sheraton Reston Hotel nova.restonchamber.org
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  • 19. 2024 Webinar Series THE FAR THE FAR – PART 23 J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 20. 2024 Webinar Series THE FAR FAR PART #23: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug- Free Workplace SPEAKER: Tamara McNulty FIRM: Potomac Law Group, PLLC EMAIL: tmcnulty@potomaclaw.com J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 21. 2024 Webinar Series THE FAR FAR PART #23: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug- Free Workplace SPEAKER: Allison Geewax FIRM: Smith, Currie & Hancock EMAIL: aggeewax@smithcurrie.com J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 22. 2024 Webinar Series - THE FAR The Federal Government Has a Huge Purchasing Footprint • It spends approximately $450 billion on goods and services in any given year. • Of that, approximately $74 billion is spent on IT equipment and services. • It spends $3.5 billion every year to provide energy to its facilities • It owns or leases approximately 630,000 vehicles worldwide • It manages or owns nearly 1 in every 5 acres in the U.S. It has a real property portfolio of over 750,000 assets, including over 275,000 buildings. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 23. 2024 Webinar Series - THE FAR What is FAR Part 23? FAR Part 23 concerns the Government’s policies and procedures for: 1. Supporting the Government’s program for ensuring a drug-free workplace, 2. Protecting and improving the quality of the environment, and fostering markets for sustainable technologies, materials, products, and services, and 3. Encouraging the safe operation of vehicles. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 24. 2024 Webinar Series - THE FAR What is FAR Part 23? What is “sustainable acquisition”? • The Government is mandated by various statutes and executive orders to purchase certain products with specific environmental or energy qualities. These statutes and executive orders as it relates to acquisition are effectuated through FAR Part 23. • Sustainable acquisition goes beyond just purchasing products that further the Government’s environmental/energy goals. The Government, as a major purchaser of services, also can mandate that its service provides use sustainable products in their delivery of those services. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 25. 2024 Webinar Series - THE FAR What is FAR Part 23? This presentation will walk through the statutory/E.O. requirements as they are implemented in the various FAR Part 23 subparts: • Recycled content: Resource Conservation and Recovery Act (RCRA) • Biobased content: Farm Security and Rural Investment Act (2002 Farm Bill), and the 2008 and 2014 Farm Bills. • Energy efficient products and alternative fuel vehicles: Energy Policy Act of 1992 and 2005. • Building energy efficiency: Energy Independence and Security Act of 2007. • Alternatives to ozone depleting substances: Clean Air Act. • Chemicals: Pollution Prevention Act of 1990. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 26. 2024 Webinar Series - THE FAR What is FAR Part 23? • Massive changes are coming, implementing EOs 14030, 14057 • Proposed FAR rule issued in November 2022. Comment period was extended until February 2023. Over 38,000 comments were received. Final rule not issued yet but it is being worked on. • While the rule is focused on prime contractors who do a substantial amount of government contracting, its effects will permeate down to subcontractors and even to employees of prime and subcontractors. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 27. 2024 Webinar Series - THE FAR 23.1 Sustainable Acquisition Policy 95% of new contracts must include provisions that require that products are: (1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (2) Water-efficient; (3) Biobased; (4) Environmentally preferable (e.g., EPEAT®–registered, or non-toxic or less toxic alternatives); (5) Non-ozone depleting; or (6) Made with recovered materials. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 28. 2024 Webinar Series - THE FAR 23.1 Sustainable Acquisition Policy • What does this subpart apply to? • All new contracts for products or services, including construction services. • But it does not apply to: • Contracts performed outside of the US (unless the agency head determines that it would be in the best interest of the US to do so), or • Weapons systems. • Agencies also have the power to exempt certain other contracting activities under FAR 23.105. Nearly all of the activities mentioned that can be exempted concern issues of law enforcement, intelligence, or national security. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 29. 2024 Webinar Series - THE FAR 23.2 Energy and Water Efficiency and Renewable Energy • Acquiring “energy-consuming” products • Agencies must purchase ENERGY STAR® Program or Federal Energy Management Program (FEMP) designated products. These are available online (www.energystar.gov and www.energy.gov). • For products that consume power in stand-by mode and are listed on FEMP's Low Standby Power Devices product listing, agencies must purchase products that meet FEMP’s stand-by power wattage recommendation or document the reason for not purchasing such items. If FEMP hasn’t provided a wattage recommendation, then agencies must purchase items that use no more than one watt in standby power consuming mode. • For construction or services contracts, if the contract requires the contractor to provide energy-consuming products to the government, agencies must specify products that comply with these requirements. • Required contracting clause: 52.223–15, Energy Efficiency in Energy–Consuming Products J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 30. 2024 Webinar Series - THE FAR 23.2 Energy and Water Efficiency and Renewable Energy What does this subpart apply to? • All acquisitions, including those below the SAT or below the micro- purchase threshold, in the US and its outlying areas. Agencies conducting acquisitions outside of these areas must still use best efforts to comply with FAR 23.2. • Note that this applies to acquisitions made using a Government purchase card. • Exemption: if the agency head determines (in writing) that no ENERGY STAR/FEMP designated product is reasonably available that meets the functional requirements of the agency or that no ENERGY STAR® or FEMP–designated product is cost effective over the life of the product taking energy cost savings into account. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 31. 2024 Webinar Series - THE FAR 23.2 Energy and Water Efficiency and Renewable Energy Energy-Savings Performance Contracts • Under an ESPC, an agency can contract with an energy service company for a period not to exceed 25 years to improve energy efficiency in its facilities at no direct capital cost to the Government. The energy service company finances the capital costs of implementing energy conservation measures and receives, in return, a contractually determined share of the cost savings that result. • FAR 23.205 requires agencies to use ESPCs, when life-cycle cost- effective, to reduce energy use and cost in the agency's facilities and operations. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 32. 2024 Webinar Series - THE FAR 23.3 Hazardous Material Identification and Material Safety Data If hazardous materials are expected to be used during contract performance, contractors must submit Material Safety Data Sheets prior to contract award (by the apparent successful offeror only) and at the time of delivery (except for DOD contracts). Required Clause: • DOD: FAR 52.223-3 • All other agencies: FAR 52.223-3 Alternate I. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 33. 2024 Webinar Series - THE FAR 23.4 Use of Recovered Materials and Biobased Products The Government wants to encourage the purchase of materials containing recovered materials and biobased products designated by the EPA and USDA. EPA/USDA- Designated Items • EPA-designated item: products that are or can be made with recovered materials, and for which EPA has provided recommended practices for buying these products. EPA has currently identified 61 items: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program#products. • USDA-designated items: a generic grouping of products that are or can be made with biobased materials for which USDA has provided purchasing recommendations. USDA has currently identified 139 items: https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 34. 2024 Webinar Series - THE FAR 23.4 Use of Recovered Materials and Biobased Products What does this subpart apply to? Acquisitions of any EPA/USDA designated item if the price of the designated item is more than $10,000, or the aggregate amount paid for designated items, or for functionally equivalent designated items, in the preceding fiscal year was $10,000 or more. Agencies must establish an affirmative procurement program for EPA and USDA- designated items if the agency’s purchases of designated items exceed the threshold. These programs must require that 100% of purchases of EPA or USDA-designated items contain recovered material or biobased content, unless the item cannot be acquired competitively within a reasonable time frame; meeting reasonable performance standards; or a a reasonable price. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 35. 2024 Webinar Series - THE FAR 23.5 Drug-Free Workplace What does this subpart apply to? All contracts and modifications that require a justification and approval except those: • At or below the simplified acquisition threshold; • For commercial items • Performed outside the United States and its outlying areas or any part of a contract performed outside the United States and its outlying areas; • By law enforcement agencies, if the head of the law enforcement agency or designee involved determines that application of this subpart would be inappropriate in connection with the law enforcement agency’s undercover operations; or • Where application would be inconsistent with the international obligations of the United States or with the laws and regulations of a foreign country. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 36. 2024 Webinar Series - THE FAR 23.5 Drug-Free Workplace This subpart concerns affects a contractor’s responsibility. All offerors must provide a drug-free workplace by: 1. Publishing a statement notifying its employees that the unlawful drug activity is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition. • All employees engaged in performance of the contract must be provided with a copy of the statement. • All employees must be notified that, as a condition of employment on a covered contract, the employee must abide by the terms of the statement and notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction. 2. Establishing an ongoing drug-free awareness program. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 37. 2024 Webinar Series - THE FAR 23.6 Notice of Radioactive Material This subpart requires the contractor to notify the contracting officer prior to delivery of radioactive material. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 38. 2024 Webinar Series - THE FAR 23.7 Contracting for Environmentally Preferable Products and Services This subpart requires agencies to implement cost-effective contracting preference programs promoting energy-efficiency, water conservation, and the acquisition of environmentally preferable products and services. Agencies must affirmatively implement the following environmental objectives: • Maximize the utilization of environmentally preferable products and services (based on EPA- issued guidance). • Promote energy-efficiency and water conservation. • Eliminate or reduce the generation of hazardous waste and the need for special material processing (including special handling, storage, treatment, and disposal). • Promote the use of nonhazardous and recovered materials. • Realize life-cycle cost savings. • Promote cost-effective waste reduction when creating plans, drawings, specifications, standards, and other product descriptions authorizing material substitutions, extensions of shelf-life, and process improvements. • Promote the use of biobased products. • Purchase only plastic ring carriers that are degradable. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 39. 2024 Webinar Series - THE FAR 23.7 Contracting for Environmentally Preferable Products and Services Electronic Products Environmental Assessment Tool When acquiring an electronic product to meet their requirements, agencies must meet at least 95 percent of those requirements with Electronic Product Environmental Assessment Tool (EPEAT®)-registered electronic products, unless- (i) There is no EPEAT® standard for such product; (ii) No EPEAT®-registered product meets agency requirements; or (iii) The agency head has provided an exemption in accordance with 23.105. There is an EPEAT Registry available online at https://epeat.net/. Electronic products include; computers, displays, imaging equipment, cell phones, servers, and TVs. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 40. 2024 Webinar Series - THE FAR 23.8 Ozone-Depleting Substances and Greenhouse Gases • It is the Government’s policy to minimize the procurement of materials and substances that contribute to the depletion of stratospheric ozone and/or contribute to global warming. • This subpart requires the Government to comply with the requirements of the Clean Air Act in preparing specifications and purchase descriptions, including either giving preference to acceptable alternative chemicals, products, and manufacturing processes that reduce overall risks to human health and the environment or simply requiring that contractors use such alternatives. • This is required in all contracts fort refrigeration equipment, air conditioning equipment, clean agent fire suppression systems, bulk refrigerants and fire suppressants, solvers, dusters, and any other manufactured end products that may contain or be manufactured with ozone-depleting substances. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 41. 2024 Webinar Series - THE FAR 23.9 Contractor Compliance with Environmental Management Systems • Agencies are required implement environmental management systems (EMS) at all appropriate organizational levels. Where contractor activities affect an agency’s environmental management aspects, EMS requirements shall be included in contracts to ensure proper implementation and execution of EMS roles and responsibilities. • Required for all solicitations and contracts for contractor operation of Government-owned or -leased facilities or vehicles, located in the United States. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 42. 2024 Webinar Series - THE FAR 23.10 Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements Applies to all facilities owner/operated by an agency in the customs territory of the US. • Federal facilities must comply with the emergency planning and toxic release reporting requirements in the Emergency Planning and Community Right-to-Know Act of 1986 and the Pollution Prevention Act of 1990 and the toxic chemical and hazardous substance release and use reduction goals of Executive Order 13423. • Every new contract that provides for performance on a Federal facility shall require the contractor to provide information necessary for the Federal agency to comply with the requirements of these laws/executive orders as well as any environmental management systems (see previous slide) and facility compliance audits for the Federal facility. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 43. 2024 Webinar Series - THE FAR 23.11 Encouraging Contractor Policies to Ban Text Messaging While Driving • A newer addition to FAR Part 23 – it implements the requirements of the Executive Order (E.O.) 13513, dated October 1, 2009 (74 FR 51225, October 6, 2009), Federal Leadership on Reducing Text Messaging while Driving. • This applies to all solicitations and contracts. No exceptions. • Agencies must encourage all contractors and subcontractors to adopt/enforce policies that ban text messages while driving (1) company owned or rented vehicles, (2) government owned vehicles, and (3) privately owned vehicles when on official government business/performing work for or on behalf of the government. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 44. 2024 Webinar Series - THE FAR New Changes Coming! • Massive changes are coming! Implementing EOs 14030, 14057. • Proposed FAR rule issued in November 2022. Comment period was extended until February 2023. • Over 38,000 comments were received. Final rule not issued yet but it is being worked on. • While the rule is focused on prime contractors who do a substantial amount of government contracting, its effects will permeate down to subcontractors and even to employees of prime and subcontractors. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 45. 2024 Webinar Series - THE FAR Where will it apply? • The new order will apply within the “United States”, but that is defined broadly to include the 50 states, the District of Columbia, Puerto Rico, and numerous islands in the Pacific Ocean such as Guam and American Samoa and the airspace. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 46. 2024 Webinar Series - THE FAR When is it effective? • “Significant contractors” will be required to complete their GHG inventories and disclosures within one year after publication of the final rule. • “Major contractors” will have two years to comply following publication of the final rule. • Why so long? Because it is going to be incredibly burdensome to comply • Section 318 of NDAA FY2024 prohibits DOD from acquiring traditional defense contractors to disclose greenhouse gas inventory or emissions as a condition to award until December 22, 2024 J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 47. 2024 Webinar Series - THE FAR To whom will it apply? J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 48. 2024 Webinar Series - THE FAR Exempt Contractors J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com • Alaska native corporations • Community development corporations • Indian tribes • Native Hawaiian organizations • Tribally owned concerns • Higher education institutions • Nonprofit research entities • State or local governments • Entities deriving 80% or more of their annual revenue from federal Management and Operating contracts that are subject to agency annual site sustainability reporting requirements. • Nonprofit contractors and Small Business contractors* - a Partial Exemption • Section 318 of NDAA FY2024 prohibits DOD from requiring nontraditional defense contractors to disclose greenhouse gas inventories or emissions as a condition of award.
  • 49. 2024 Webinar Series - THE FAR What will be required of contractors? Deliver up to three items: 1. Greenhouse Gas Inventory – A listing of Types of GHG; 2. Annual Climate Disclosure – The amounts of GHG; and 3. Science-Based Targets – For the reduction of GHG. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 50. 2024 Webinar Series - THE FAR What Will Be Required of the Applicable Contractors – Types of Emissions Types of Emissions: Scope 1 – Emissions from sources owned or controlled by contractor; Scope 2 – Emissions associated with generation of electricity, heating, cooling or steam from sources not owned or controlled by contractor; Scope 3 – Emissions a consequence of contractor’s operation but from sources not owned or controlled by contractor. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 51. 2024 Webinar Series - THE FAR What Will Be Required of the Applicable Contractors – Impacts • “Major contractors” must complete all 3 deliverables for scope 1, 2, and 3 emissions. • “Significant contractors” need only complete a Greenhouse Gas inventory and Annual Climate Disclosure for scope 1 and 2 emissions. • Partial Exemption for: • Small Businesses and Nonprofits • DOD Nontraditional Contractors. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 52. 2024 Webinar Series - THE FAR Responsibility Standard • FAR Part 9 will be amended to make it clear that if a prospective contractor has not complied with the disclosure requirements of the new rule, "the contracting officer shall presume that a prospective contractor is not responsible" and therefore ineligible for award. • Limited exceptions will apply if, for example, the noncompliance resulted from circumstances properly beyond the contractor's control; the prospective contractor has shown it has taken substantial efforts to comply; and the prospective contractor has made a public commitment to comply as soon as possible. • Waivers – High Level and Very Specific! – National Security, Emergency; DOD Nontraditional Contractors J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 53. 2024 Webinar Series - THE FAR Potential Impacts • A Carbon Footprint Evaluation Factor – What else would the contracting agencies be likely to do with the information from the disclosure of the types and amounts of GHG being emitted? • Even if a company has made the disclosures and is not thrown out for responsibility reasons, if it emits more GHG into the atmosphere than its competitors, that may very well convince the agency on a particular contract that it is not the "best value". • How much importance to be accorded this evaluation factor will depend on the agency, the project, and the individual contracting officer. • Agency Supplements to the FAR will likely address this. J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 54. 2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #23: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace SPEAKER: Tamara McNulty FIRM: Potomac Law Group, PLLC EMAIL: tmcnulty@potomaclaw.com J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 55. 2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #23: Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace SPEAKER: Allison Geewax FIRM: Smith, Currie & Hancock EMAIL: aggeewax@smithcurrie.com J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 56. 2024 Webinar Series THE FAR Please subscribe to our YouTube Channel for Gov Con Content Uploads including THESE WEBINARS! https://www.youtube.com/@jenniferschaus/videos J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com
  • 57. 2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – hello@JenniferSchaus.com