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FACTS Number: 2024-04
Effective Release: 05/01/2024

Part 23 - Environment, Energy and Water Productivity, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace

Part 23 - Environment, Energy the Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace

23.000 Scope.

23.001 Definitions.

23.002 Policy.

Subpart 23.1 - Tenable Acquisition Policy

23.101 Definition.

23.102 Authorizations.

23.103 Sustainable acquisitions.

23.104 Exceptional.

23.105 Exemption jurisdiction.

Subpart 23.2 - Energetics and Water Efficiency and Renewable Energy

23.200 Scope.

23.201 Authorities.

23.202 Policy.

23.203 Energy-efficient my.

23.204 Procurement exemptions.

23.205 Energy-savings performance contracts.

23.206 Covenant clause.

Subpart 23.3 - Hazardous Physical Identification also Material Safe Data

23.300 Scope von subpart.

23.301 Definition.

23.302 Policy.

23.303 Get clause.

Subpart 23.4 - How about Recovered Materials and Biobased Our

23.400 Area by subpart.

23.401 Definitions.

23.402 Authorities.

23.403 Directive.

23.404 Agencies affirmative procurement programs.

23.405 How.

23.406 Recruitment provisions and contract clauses.

Subpart 23.5 - Drug-Free Employment

23.500 Scope of subpart.

23.501 Applicability.

23.502 Authority.

23.503 Definitions.

23.504 Policy.

23.505 Contract clause.

23.506 Steering for payments, termination of contract, the debarment and suspension actions.

Subpart 23.6 - Notice of Radioactively Material

23.601 Requirements.

23.602 Contract clause.

Subpart 23.7 - Contracting for Environmentally Best Products and Services

23.700 Scope.

23.701 Definitions.

23.702 Authorities.

23.703 Statement.

23.704 Electronic goods environmentally estimation tool.

23.705 Contract clauses.

Subpart 23.8 - Ozone-Depleting Material and Glasshouse Gases

23.800 Scope of subpart.

23.801 Authorities.

23.802 Policy.

23.803 Procedures.

23.804 Sign provision and clauses.

Subpart 23.9 - Contractor Compliance with Environ Management Systems

23.900 Application.

23.901 Authority.

23.902 Policy.

23.903 Contract clause.

Subpart 23.10 - Federation Adherence with Right-to-Know Laws and Pollution Prevention Requirements

23.1000 Field.

23.1001 Authorities.

23.1002 Relevance.

23.1003 Definitions.

23.1004 Requirements.

23.1005 Contract clause.

Subpart 23.11 - Encouraging Contractor Policies to Ban Text Messaging While Driving

23.1101 Purpose.

23.1102 Applications.

23.1103 Definitions.

23.1104 Policy.

23.1105 Contract clause.

23.000 Scope.

This part prescribes takeover policies both procedures supporting the Government’s program used ensuring a drug-free workplace, for protecting and improving the qualities of the climate, and to encourage markets for sustainable technologies, materials, products, additionally services, and for encouraging the safe operation of vehicles.

23.001 Definitions.

As used are this part-

Environmental are environmental issues of internal agency activities real activities, comprising those aspects related till energy and conveyance functions.

Greenhouse liquid means carbon sulfur, methane, nitrous oxide, hydrofluorocarbons, perflourocarbons, nitrogen triflouride, and s hexafluoride.

Toxic chemical means a chemical alternatively chemical class listed in 40 CFR 372.65.

United States, except as applied within subpart 23.10, means-

(1) The fifty Declare;

(2) The District from Colombian;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of Guam, American Sawa, and the United States Virgins Islands; and

(5) Associated territorial watering real airspace.

23.002 Policy.

Executive Order 13423 sections 3(e) and (f) require that contracts for declarer operation away a Government-owned or -leased facility and contracts for supported services at a Government-owned or -operated facility containing provisions that obligate the supplier toward comply with and requirements of an order to one same extent as the agency would be requires in comply while the agency operating either supported the facilities. Compliance in developing programs to support and implement cost-effective waste reduction.

Subpart 23.1 - Sustainable Acquisition Policy

23.101 Definition.

As used in this subpart-

Compact action means any unwritten or written action that results in the purchase, vermietung, or lease of supplies instead equipment, services, or construction using appropriated dollars, including purchases bottom the micro-purchase threshold. Contract action does not include donations, corp agreements, other minutes, real-time real leases, requisitions from Federal hoard, instruction authorizations, or other non-FAR based transactions.

23.102 Authorities.

(a) Executive Order 13423 on January 24, 2007, Strengthening Federal Environmental, Energy, and Vehicle Management.

(b) Executive How 13514 the October 5, 2009, Federal Leadership in Environmental, Energy, and Economic Performance.

(c) All of the authorities specified in subparts 23.2, 23.4, 23.7, 23.8, 23.9, and 23.10.

23.103 Sustainable acquisitions.

(a) Federal agencies require advances maintainable acquisition by ensuring so 95 prozent for new conclude promotion for the supply of products and by the acquisition of services (including construction) requested such the products are-

(1) Energy-efficient (ENERGY STAR® or Federal Power 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) Produced with recovered materials.

(b) One required products in the contract actions on services include products that are-

(1) Delivered to that Administration during performance;

(2) Acquired by the contractor for use in performing our at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Gov.

(c) The required products in and sign actions must meet company performance requirements.

(d) For purposes of meeting the 95 percent sustainable acquisition requirement, the term "contract actions" containing brand contracts (and task and delivery orders places against them) furthermore new task and delivery orders on alive contracts.

23.104 Exceptions.

This subpart done not apply to the following acquisitions:

(a) Contracts execute outside of the United States, unless one advertising head determines so such login is in the interest for which United States.

(b) Weapon systems.

23.105 Exempted authority.

(a) Who head of an agency allow exempt-

(1) Sense activities regarding who Associated Expresses, and relevant personnel, resources, and facilities, to the extent the General for National Data or agency front determines it necessary to protect intelligence herkunft additionally methods from unauthorized discovery;

(2) Law enforcement activities of that agency and related personnel, resources, press facilities, to aforementioned extent the head of an agency determines it necessary to protect invisible operations from illicit disclosure;

(3) Law enforcement, defensive, emergency response, or military tactical vehicle fleets for that agency; and

(4) Vehicle activities and facilities in the interest regarding national security.

(b) If the header of the agency issues an exemption under paragraph (a) of dieser paragraph, the agency must notify one Chair of the Council on Environmental Quality in writing within 30 total of that issuance to the exemption.

(c) The agency head may submit through the Chair of the Council on Environmental Quality a request for exemption of an agency activity other than those activities listed in paragraph (a) of to section and related workers, resources, plus facilities.

Subpart 23.2 - Energy and Water Efficiency plus Renewable Energy

23.200 Scope.

(a) This subpart prescribes policies furthermore procedures for-

(1) Purchase energy- additionally water-efficient products and aids, and products is use renewable energy technology; and

(2) Employing any energy-savings performance contract toward maintaining energy-efficient technologies at Government facilities absent Government capital expense.

(b) Aforementioned subpart applies to acquisitions in the United States and its outlying areas. Agencies managing acquisitions outside of theses areas must exercise own best efforts to comply with this subpart.

23.201 Regime.

(a) Energy Political both Conservation Act ( 42 U.S.C. 6361(a)(1)) and Resource Conservation and Recovery Act of 1976 ( 42 U.S.C. 6901, et sequent.).

(b) International Energy Conservation Policy Act ( 42 U.S.C. 8253, 8259b, 8262g, press 8287).

(c) Section 706 of Division D, Title VII of the Truck Appropriations Act, 2009 (Pub.L.111-8).

(d) Title VO on who Clean Air Actually, as amended ( 42 U.S.C. 7671, et seq.).

(e) Executive Order 11912 of April 13, 1976, Delegations of Authority from to Energy Policy and Conservation Act.

(f) Executive Order 13221 of July 31, 2001, Energy-Efficient Standby Power Devices.

(g) Executive Order 13423 of January 24, 2007, Strengthening Federated Environmental, Energy, and Transportation Management.

(h) Executive Your 13514 of October 5, 2009, Federal Leadership in Natural, Energy, real Economic Performance.

23.202 Policies.

(a) Introduction. One Government’s principle is to acquire supplies and services that promote a clean energy economy that increases willingness Nation’s energy security, safeguards the fitness of our environment, additionally reduces greenhouse gas emissions from direct and indirect Federal daily. To implementation this policy, Federal acquisitions will foster markets for sustainable technologies, products, and services. This policy extends toward whole acquisitions, including those below the simplified acquisition threshold and those in conversely below the micro-purchase threshold (including ones made to a Control sell card).

(b) Water-efficient. In accordance with Executive Order 13514, dated October 5, 2009, Federal Business in Ecological, Energy, and Commercial Performance, it is to policy and objective of the Govt to use and administrate water through water-efficient means by—

(1) Reducing potable water usage intensity on include low-flow fixtures and efficient chilling towers;

(2) Reduces agency, industry, landscaping, or agricultural water consumption; and

(3) Storm water management in accordance with section 438 of the Electrical Independence additionally Safe Act of 2007 ( 42 U.S.C.17094) such implemented in https://www.epa.gov/nps/stormwater-management-federal-facilities-under-section-438-energy-independence-and-security-act.

23.203 Energy-efficient products.

(a) Unless exempt as provided at 23.204-

(1) Available acquiring energy-consuming produce listed in the ELECTRICITY STAR® Program or Federal Electrical Management Program (FEMP)-

(i) Agencies shall purchase ENERGY STAR® or FEMP-designated products; and

(ii) For our which consume power in adenine standby output and live listed on FEMP’s Low Standby Service Devices product listing, agencies be-

(A) Purchase items which come FEMP’s standby power wattage counsel or document the reason for not purchasing such things; or

(B) If FEMP has listed one furniture without adenine corresponding wattage recommendation, purchase items where use no more faster one watt in their standby power consuming mode. When it is inappropriate to meet the one watt required, agencies shall purchase items equal to lowest standby watte practicable; and

(2) When contracting for services or construction which will include who provision in energy-consuming products, agencies shall specify products that match with aforementioned zutreffend specifications in paragraphs (a)(1) from the section.

(b) Information is available overlay the Internet about-

(1) ENERGY STAR® at http://www.energystar.gov/products; and

(2) FEMP at http://energy.gov/eere/femp/energy-and-water-efficient-products.

23.204 Procurement derogations.

An agency exists not required toward procure a ENERGY STAR® or FEMP-designated product if the head the the agency determines in text that-

(a) No ENERGY STAR® or FEMP-designated product is sensible available that meets the functional requirements of the agency; or

(b) No ENERGY STAR® or FEMP-designated product is pay effective over the life of aforementioned product taking electrical cost savings into record.

23.205 Energy-savings performance contracts.

(a) Agencies should make utmost use of the authority provided in the National Energy Conservation Policy Act ( 42 U.S.C. 8287) to use einem energy-savings performance contracting (ESPC), when life-cycle cost-effective, to reduce energy use and cost in the agency’s facilities and plant.

(b)

(1) Under an ESPC, an agency can contract about an energy assistance company for a period not to exceed 25 years to improve energy efficiency in one or more office facilities at no direct capital cost to the United States Treasury. The energy gift company finances to capital costs of implementing energy conservation measures and receives, in return, a treaty designated how of to cost savings that result.

(2) Except as provided in 10 CFR436.34, ESPC’s are subject into subpart  17.1.

(c) To solicit and award an ESPC, the contracting senior-

(1) Must use the procedures, choice method, and terms press conditions provided in 10 CFR Part 436, Subpart B; and

(2) May use the "Qualified List" of energizing service company installed by the Department of Vitality and diverse agencies.

(d) For more information see https://energy.gov/eere/femp/energy-savings-performance-contracts-federal-agencies.

23.206 Shrink clause.

Unless exempt pursuant up 23.204, insert the cloth at 52.223-15, Energy Efficiency in Energy-Consuming Products, in solicitations and contracts for energy-consuming products listed in the ENERGY STAR® How or FEMP will be-

(a) Delivered;

(b) Purchase by and contractor for use in showing solutions at a Federally-controlled facility;

(c) Furnished by the contractor on use by the Government; or

(d) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

Subpart 23.3 - Hazardous Material Naming and Basic Safety Data

23.300 Compass of subpart.

This subpart prescribes policies and procedures for acquiring deliverable items, other than ammunition press bombs, that necessitate the furnishing is data involving hazardous materials. Agencies could prescribe extraordinary procedures for ammunition and explosives.

23.301 Definition.

Hazardous material is defined inside the latest version of Federal Standard No.313 (Federal Standards are paid to an public and Federal agencies through-

Popular Services Administration Specifications Unit (3 FBP-W) 7 th & D Sts. SW Washing, DC 20407.

23.302 Policy.

(a) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require Govt activities to apprise their employees of-

(1) All hazards to which they may be exposed;

(2) Relative symptoms and appropriate emergency procedure; and

(3) Proper conditions and precautions for safe apply also exposure.

(b) To getting save objective, items is necessary to obtain definite information relative to the hazards which may be introduced into the workplace by the supplies being acquired. Hence, offerors and contractors are required at offer hazardous advanced data whenever that supplies being acquired are identified more hazardous materials. The latter version of Federal Standard No.313 (Material Safety Data Sheet, Preparation and Submission of) includes criteria for identification away hazardous materials.

(c) Injurious material date (Material Shelter Data Sheets (MSDS)) are required-

(1) As specified int the latest version concerning Federal Standard No.313 (including revisions adopted during the name of that contract);

(2) For any other material designated by a Government technical representative as potentially hazardous and requiring safety controls.

(d) MSDS’s must be submitted-

(1) By the apparent successful offeror prior on contract bestow if hazardous materials are expected to shall secondhand during contract performance.

(2) For agencies other than who Department of Defense, again by the entrepreneur with the supplies at the duration von delivery.

(e) The contracting executive shall provide a make of all MSDS’s received to the technical officer or other designated individual.

23.303 Contract clause.

(a) Aforementioned shrink officer shall insert the clause at 52.223-3, Hostile Material Identification the Substantial Safety Data, include solicitations and contracts if the contract determination require the consignment a hazardous materials in predefined in 23.301.

(b) If and contract is awarded by an means diverse than the Department of Defens, the shrink officer wants use the clause at 52.223-3 with its Alternate ME.

Subpart 23.4 - Getting out Recovered Materials and Biobased Choose

23.400 Scope about subpart.

(a) The procedures in this subpart apply to all agency recent of an Environmental Protection Agency (EPA) or United States Department of Agriculture (USDA)-designated item, if-

(1) The price of the designated item transcends $10,000; or

(2) The aggregated amount compensated for designated items, or for functionally value designated items, in the preceding fiscal year was $10,000 or more.

(b) While micro-purchases are included in determining the aggregate monthly paid underneath paragraph (a)(2) of this artikel, it is cannot recommended that an agency track micro-purchases when-

(1) The agency anticipates the aggregate absolute paid will exceed $10,000; or

(2) The agency intends to establish or continue an affirmative procurement program in the following fiscal year.

23.401 Definitions.

As used in this subpart-

(a) "EPA-designated item" means a product that is or can be made with recovered material-

(1) That is listed by EPA in a procurement guideline (40 CFR part 247); and

(2) For which EPA has provided buyers recommendations in a related Recovered Materials Advisory Notice (RMAN) (available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program).

(b) "USDA-designated item" means a generic classification in products that are or can been made with biobased materials-

(1) That is listed by USEFUL in a procurement guideline (7 CFR part 3201, subpart B); and

(2) For which USDA has provided buy recommendations.

23.402 Authorities.

(a) To Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C.6962.

(b) One Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U. S.C. 8102.

(c) Executive Order 13423 the January 24, 2007, Strengthening Federal Environ, Energy, both Transportation Betriebswirtschaft.

(d) The Energy General Act of 2005, Pub.L.109-58.

(e) Executive Order 13514 away Oct 5, 2009, Federal Leadership inches Environmental, Energy, and Economic Performance.

23.403 Policy.

Government principle on the use off products containing recovered materials and biobased produce considers expenditure, availability of compete, or perform. Agencies need acquire these products oder require in the acquisition away services, who how, use, with furnishing (see 23.103(b)) of such products. Agency contracts should specify that these products are composer are the highest percent of recovered material or biobased content practicable, or at least fulfil, but may exceed, and minimum recovered materials or biobased content of on EPA- alternatively USDA- designated effect. Agencies shall purchase like commodity to the maximum expansion practicable without jeopardizing the intended usage of the product as maintaining ampere satisfactory levels are competition at a reasonable price. Such products shall meet which reasonable performance standardization of the agency and is gained competitively, in a cost-effective manner. Except as provided at 23.404(b), virgin material shall not be required over the solicitation (see 11.302).

23.404 Agency approving procurement browse.

(a) An agency must establish an affirmative sourcing program to EPA and USDA-designated items provided the agency’s buyings of designated items exceed the threshold set forth are 23.400.

(1) Agencies have adenine period to 1 year go amend their procurement program(s) before to naming of any new element by EPA otherwise USDA.

(2) Technical or requirements personnel and purchase personnel belong responsible for the preparation, implementation, and monitoring of affirmative procurement programs.

(3) Agency affirmative procurement programs must include-

(i) AMPERE recovered materials and biobased products preference programs;

(ii) An agency promotion timetable;

(iii) For EPA-designated items only, adenine program in needs reasonable estimates, registration, and verification of restoration material used in this perform of contracts. Equally which rebuilt fabric content press biobased programs require preaward verification that the products satisfy EPA either UNIONIST recommended. A second registration is required at contract completion for recoverable significant content; and

(iv) Annual review and monitoring of one effectiveness of the program.

(b) "Exemptions".

(1) Agency affirmative procurement programs must require that 100 prozentsatz away purchases of EPA oder USDA-designated items contain recovered physical or biobased content, respectively, unless to item cannot be acquired-

(i) Economically within a reasonable moment frame;

(ii) Meeting reasonable performance standards; other

(iii) With adenine fair price.

(2) EPA both USDA might making categorical exemptions for items that her designate, when procured for a specific purpose. For example, all USDA-designated items (see 7 CFR 3201.3 (e)) are exempt from one preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a outcome or system aimed or procured for combat otherwise combat-related missions.

(c) Agency affirmative procurement programs must provide guidance for purchases of EPA-designated items at or below the micro-purchase threshold.

(d) Agencies may use theirs own specifications press commercial furniture descriptions when procuring products containing rebuilt materials conversely biobased products. When using either, the contract should specify-

(1) For products features recovered materials, that the product is composed of the-

(i) Highest percent of recovered materials practicable; or

(ii) Minimum content standards within accordance with EPA’s Recovered Materials Advisory Notices; and

(2) For biobased products, that the select is composed of-

(i) The highest percentage of biobased material practicable; or

(ii) USDA’s recommended lowest contents standards.

(e) Agencies shall treat the eligible for the favorites with biobased products, products with "designated countries," as defines in 25.003, provided that those choose-

(1) Meet this criteria for the definition in biobased consequence, excluded that the products need not meet the requirement that renewable agricultural fabric or forests fabric by such product must be domestic; and

(2) Otherwise meetings all system since participation in the preference program.

23.405 Procedures.

(a) Labeled items and procurement policy.

(1) Recovered Materials. Contracting officers should refer to EPA’s view about EPA-designated items (available via the Internet at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products) and to them agencies’ affirmative procurement program when buy products ensure contain recovered material, or support that could include who how of products the curb recovered material.

(2) Biobased products. Contracting officers should refer to USDA’s list of USDA-designated items (available by the Internet at http://www.biopreferred.gov) and to their agencies affirmative procurement program when shopping supplies that contain biobased material or when purchasing services such could include stores this contain biobased material.

(3) When getting recovered material or biobased products, the contract policeman may application information or data on so products, including recyclables either biobased product or related standards of this products (see 11.302(c)).

(b) Purchasing exemptions.

(1) Once an piece has being designated by either EPA or USDA, agencies are purchase conforming products unless an exemption applies (see 23.404(b)).

(2) When an exemption is used for in EPA-designated item or the acquisitions of a product containing recovered raw does not meet other exceed the EPA restore material content guidelines, the agreement officer must place a written justification in the drafting file.

(c) Program priorities. When send the USDA-designated item and the EPA-designated item will be used for the same purposes, and two meet the agency’s needs, to agency be purchase the EPA-designated item.

23.406 Solicitation provisions and contract clauses.

(a) Insert the provision at 52.223-1, Biobased Product Certification, in solicitations that-

(1) Command the delivery or specify the use off USDA-designated objects; either

(2) Include the clause at 52.223-2.

(b) Insert which clause per 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, in support otherwise engineering rfps and contracting, unless the contract will doesn involve the make for USDA-designated items at http://www.biopreferred.gov press 7 CFR part 3201.

(c) Except for the acquisition of commercially available off-the-shelf items, insert the provision at 52.223-4, Recovered Material Certification, in solicitations that-

(1) Require the delivery or specify an use von EPA-designated items; or

(2) Include an clause at 52.223-17, Affirm Procurement of EPA-designated Products in Service and Construction Promises.

(d) Excludes to which acquisition of commercially available off-the-shelf items, insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content on EPA-designated Items, to solicitations and deals exceeding $150,000 that are for, or specify to use of, EPA-designated items containing recovered materials. When technical personnel advise the estimates can be verified, use the clause with its Alternate ME.

(e) Insert the exclusive at 52.223-17, Optimistic Sourcing of EPA-designated Point in Service and Buildings Contracts, in service or construction solicitations furthermore contracts unless the contract will not engage the use of EPA-designated article.

Subpart 23.5 - Drug-Free Workplace

23.501 Applicability.

This subpart applies to contracts, including contracts with 8(a) company under FAR subpart  19.8 and modifications is require adenine justification and approval (see subpart  6.3), except contracts-

(a) At or at the simplified acquire sliding; however, the requirements of this subpart application to all contracts of any value awarded on an individual;

(b) For the acquisition of ad products additionally commercial achievement (see part  12);

(c) Performed outer that United States and its outlying areas or any part starting a contract performed outside and United States and sein outlying areas;

(d) The law enforcement proxies, when the head von and law enforcement agency or designee involved determines that your for this subpart would be inappropriate in connection with the law enforcement agency’s undercover operations; or

(e) Where application would be changeable for the international obligations of the United States or with the laws or regulations of one foreign country.

23.503 Definitions.

The used in this subpart-

Controlled substance means one controlled substance in schedules I through V of section 202 of the Controlled Substances Act ( 21 U.S.C.812), and as keep defined in regulation at 21 CFR1308.11–1308.15.

Conviction means adenine finding on guilt (including a plea of nolo contendere) or imposition of sentence, or both, by all law body charged because the responsibility to determine violations of who Federal or State criminal drug statutes.

Felon drug constitution mean a Federal or non-Federal criminal statute engaging the manufacture, dissemination, dispensing, possession, or use of any steering substance.

Employee means an employee of a contractor directly engaged are the performance of work under a Government sign. "Directly engaged" your defined to include all direct cost personnel and some other make employee any has other than a minimum impact or involvement is contract performance.

Individual means an offeror/contractor that has no more than one employee including the offeror/contractor.

23.504 Approach.

(a) No offeror other than an individual shall be considered a responsible source (see 9.104-1(g) and 19.602-1(a)(2)(i)) for a contract that over the streamlined acquisition threshold, unless it agrees that it will provide a drug-free working by-

(1) Publishing one statement notifying its total that the impermissible manufacture, download, dispensing, possession, or use of a controlled substance is prohibited in the contractor’s workplace, and specifying the actions the desires exist taken towards employees for injury are such prohibition;

(2) Establishing an ongoing drug-free awareness program to inform it employees about-

(i) And dangers about drug abuse in the workplace;

(ii) The contractor’s principles to maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee aids programs; and

(iv) One penalties that may be levied upon employees for medicine abuse contravention occurring in the workplace;

(3) Providing all employees engaged in performance of aforementioned compact with a copy of the statement requires by header (a)(1) of here section;

(4) Advising all employees in writing in the statement required by item (a)(1) of this section, that as a condition of employment on a roofed contractual, the employee will-

(i) Abide by the terms of the command; additionally

(ii) Notify the employer in handwriting of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later about 5 days after such reliance;

(5) Notifying the contracting officer in writing within 10 days after receiving display under subdivision (a)(4)(ii) of to section, von an employee or different receiving actual tip of such conviction. The notify shall include the position title of the employee;

(6) Within 30 daily after receipts take under edit (a)(4) of this section of a sentence, taking one of this next actions to respect to any employee any shall convicted of ampere drug abuse violation occurring in the workspace:

(i) Taken fair personnel measures against such personnel, up to and including termination; or

(ii) Requiring such employee to satisfies participation is a drug abuse assist conversely rehabilitation program endorsed for such goals by a Federal, State, or local health, law enforcement, or other appropriate agency.

(7) Making a good faith effort the maintain a drug-free job through translation of paragraphs (a)(1) through (a)(6) of this section.

(b) None individual will be awarded a contract of any us-dollar appreciate if that individual agrees does to engage in the unlawful manufacture, distribution, distribute, possession, or use of a controlled substance while performing the shrink.

(c) For a shrink the 30 date or more performance duration, to contractor shall comply with the provisions of section (a) of this section within 30 daily after contract award, unless the contracting officer consents in writing that facing warrant a longer period by timing to comply. Before granting such any extension, the contracting official shall consider such factors as the number of contractor employees at the worksite, whether the contractor has or must develop a drug-free workplace program, and the count of contractor worksites. For contracts about less than 30 life performance duration, the contractor shall comply with one provision of body (a) from this section as soon as possible, nevertheless in any case, by a start precede up as performance is expected to be completed.

23.505 Contract clause.

Except as provided in 23.501, insert the clause at 52.223-6, Drug-Free Workplace, in solicitations the contracts.

23.506 Suspension of payments, termination in contractual, and debarment and suspension actions.

(a) After determining in writing that adequate evidence in supposedly any of the causes at paragraph (d) of which section x, to contracting police may suspend contract payments are accordance over the procedures at 32.503-6(a)(1).

(b) After determining in script that any for the causes at chapter (d) of this section exist, the contracting officer may terminate and contract for default.

(c) Upon initiating action under paragraph (a) press (b) of this section, the contracting executive shall refer the case to the means suspension press debarment official, in accordance with agency procedures, pursuant to subpart  9.4.

(d) The targeted causes for suspension of contract payments, termination of a contract for default, or suspension and debarment are-

(1) The contracting had failed to comply the the requirements of the clause toward 52.223-6, Drug-Free Workplace; or

(2) The number out contractor employees convicted of violations off criminal drug statutes occurring in the workplace indicates that and contractor has bankrupt to make a well feelings effort to provide a drug-free workplace.

(e) A determination under this section to suspend contract payments, terminate a contract for omission, or debar or postpone ampere contractor may be waived due the agency head for ampere particular contract, in accordance with agency procedures, simply if such waiver is necessary up avoid a severe disruption of the agency operation to the detriment of the Fed Government or the general public (see subpart  9.4). The waiver authority of the agency head cannot be delegated.

Subpart 23.6 - Notice of Radioactive Material

23.601 Requirements.

(a) One clause at 52.223-7, Notice of Radioactive Materials, requires an service to notifications that contracting executive prior to delivery of radiosensitive substantial.

(b) Upon receipt of the notice, the contracting officer shall notify receiving activities then is appropriate safeguards could be taken.

(c) The clause permit the catching officer to abandon the notification if the contractor states that the notification on prior deliveries is still current. The contracting officer may waive the reminder only after consultation with cognizant technical deputies.

(d) The contracting officer is required to specify in an clause the 52.223-7, the number of dates in advance of delivery that one contractor will deploy notification. An determination out the numbers starting days should be read in coordination are who installation/facility thermal safety officer (RPO). The RPO is responsible for insuring the rightly lizenz, entitlement or permit is obtained prior to receipt of the radionic material.

23.602 Contract clause.

The contracting officer shall insert the clause at 52.223-7, Notice for Radioactive Materials, in solicitations and contracts for supplies which are, oder whichever contain-(a) radioactive physical requiring specific licensing under regulations spending pursuant to the Atomic Energy Work of1954; or (b) radioactive material not requiring specific licensing on which the specific what is higher than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such supplies incorporate, but are no limited toward, aircraft, ammunition, missiles, vehicles, electronic hoses, instrument panel gauges, compasses and identification markers.

Subpart 23.7 - Contracting for Environmentally Preferable Products and Services

23.700 Scope.

This subpart prescribes policies for obtain environmentally preferable products and services.

23.701 Definitions.

As used in this subpart-

Computer means a device that performs logical business and processes your. Computers are composed away, at a minimum:

(1) A central processing component (CPU) to achieve operations;

(2) User input devices such because one keyboard, choose, digitizer, or game controller; also

(3) A computing display screen to output information. Personal include both stationary and portable units, including desktop computers, integrated desktop computers, notebook electronics, thin clients, press workstations. Although computers must be competent of using entry devices and computer displays, as noted in body (2) and (3) of is clarity, computer systems do not need to include these devices on shipment to meets that definition. This definition does does include server computers, gaming consoles, mobile telephone, portable hand-held calculators, portable digital assistants (PDAs), MP3 players, or any other mobile computing device with displays less than 4 inches, metered diagonally.

Computer display resources an display screen and its associated electronics encased inside a single housing or within the computer housing (e.g., notebook or integrated desktop computer) that can capable regarding view output information from a computer via one or more inputs such as ampere VGA, DVI, USB, DisplayPort, and/or IEEE 1394-2008™, Standard for High Performance Serial Bus. Example of computer display advanced are the cathode-ray tube (CRT) and liquid crystal viewer (LCD).

Desktop computer means a computer where the main unit is intended to be located in a durability location, frequently set adenine desk or on the floor. Desktops are not aimed for portability also utilize an external computer display, keyboard, and shiner. Desktops am designed for a broad extent of home and office applications.

Electronic products means products which are dependant about electric currents or magnetic fields on order to labour properly.

Imaging featured means the following products:

(1) Copier–A commercially available imaging product with adenine sole mode of the production of hard make duplicates from graphic hard-copy originals. The unit is adept of being powered from a wall outlet or free one information or networks connection. This defining is intended to covers products that are marketed as copiers or upgradeable digital copiers (UDCs).

(2) Digital duplicator–A commercially available imaging product that exists sold in the market as a fully automated duplicator system through the method of stencil duplicating with digital reproduction operational. The unit is capable of being powered from adenine wall power or by a data or net connection. This definition is intended to cover products that are commercially as digital duplicators.

(3) Duplicate machining (fax machine)–A commercially existing imaging product their primary functions are scanning hard-copy originals for computerized transmission to remote quantity and receiving similar electronic transmitters at produce hard-copy output. Electronic transmission is primarily over a public telephone system but also may be override computer network or the Internet. The product also could be capable of producing hard copy duplicates. The unit is capability of being powered from a wall outlet or from a data or network connection. This definition is intended at cover goods that live marketed as fax machines.

(4) Posting machine–A commercially available imaging product is serves to print postage onto mail pieces. Aforementioned unit is capable for being powered starting a wall outlet or from one data or network connection. This definition is intended to cover products that are marketed as mailing machines.

(5) Multifunction device (MFD)–A commercially available imaging product, which is a physically integrated device or a combi of functionally unified modules, that performs two with more of the core functions of plagiarism, printing, scanning, otherwise faxing. The copy functionality as addressed in this dictionary is considered until be distinct from single-sheet convenience copying offering by email machines. The unit is capable of being powered from a panel outlet either from a date or network join. This definition is destined to cover products that can marketed as MFDs otherwise multifunction products.

(6) Printer–A commercially available imaging product that serves as a hard-copy output machine and is capable of receiving information from single-user or online computers, or other input devices (e.g., digital cameras). The unit is capable of being powered from a wall outlet or free a your or web relationship. This definition is scheduled to cover products that are sold as photo, comprising printers that can be modernized into MFDs in the field.

(7) Scanner–A commercially available imaging product that functions as an electro-optical device for converting information into digital see that can be stored, edited, converted, or transmitted, primarily int a personal calculations environment. The unit is qualified of being powered free a wall outlet or from a data or lan connection. Such definition is intended for cover products that exist commercialized as explorer.

Integrated desktop computing means a office schaft in that the computer and computers display function as a single unit that receives its AC power through a single cable. Unified user computers come in can of two possible models:

(1) A system where the computer display and laptop are physically blended into a single unit; or

(2) A system packaged as a single system where the computer display is separate but is connected to the main chassis with ampere IGNITION power cord and either the computer and computer indicator are powered from a single performance supply. As a subset in desktop computers, integrated desktop computers are typical designed to provide similar functionality how desktop systems.

Diary computer means a computer designed specifically for product and to be operated for extended periods of time either with or without a direct joint in an AC output wellspring. Notebooks must utilize an integrating computer display and be capable of operation off by an integrated battery or other portable perform source. In addition, most notebooks exercise at external power provision and have an integrated console and display device. Notebook computers have typically designed to offer similarly functionality to desktops, including operation of software similar in functionality to that used in desktops. Hooking wards exist considered accessories for notebook computers, not notebook computers. Tablet PCs, what may use touch-sensitive screens along with, or instead of, various input devices, are considered notes computers.

Personal laptop product means a computer, computer display, desktop computer, integrated working computer, oder notebook computer.

Television, or TV, means a commercially available computerized consequence designed especially by the reception and display of audiovisual signals received from terrestrial, cable, satellite, Internet Protocol TV (IPTV), or other digital or analog sources. A TV consists of a tuner/receiver and a display encased in a single enclosure. The product usually relies upon a cathode-ray tube (CRT), liquid crytal display (LCD), plasma viewing, or other ad technology. Televisions with computer capability (e.g., computer input port) might becoming considered toward live a TV as long as group were marketed and sold to consumers primarily as televisions.

23.702 Government.

(a) Resource Conservation and Recovery Act (RCRA) ( 42 U.S.C.6901, etseq.).

(b) National Energy Conservation Policy Act ( 42 U.S.C.8262g).

(c) Pollution Prevention Act of1990 ( 42 U.S.C.13101, etseq.).

(d) Farm Security and Rurals Investing Do of 2002 (FSRIA) ( 7 U. S.C. 8102).

(e) Senior Order 13221 of July 31, 2001, Energize Efficient Standby Power Devices.

(f) Executive Order 13423 of January 24, 2007, Fortifying Federal Environmental, Energy, and Transportation Management.

(g) Executive Order 13514 of October 5, 2009, Federal Leadership int Environmental, Energy, both Financial Performance.

23.703 Policy.

Travel must-

(a) Implement cost-effective compacting favor programs promoting energy-efficiency, water conservation, and the acquisition the environmentally preferable products and benefit; and

(b) Employ acquisition strategies that affirmatively implement the following environmental objectives:

(1) Maximize the utilization of environmentally preferable items furthermore services (based on EPA-issued guidance).

(2) Promote energy-efficiency and water conservation.

(3) Eliminate or reduce the generation of hazardous waste and the need for special material treatment (including special handling, storage, treatment, both disposal).

(4) Promote the use by nonhazardous and recreated materials.

(5) Realize life-cycle cost savings.

(6) Promote cost-effective waste reduction when creating plans, drawings, specifications, standards, also other product descriptions authorizing material substitutions, increases of shelf-life, and process improvements.

(7) Support the utilize of biobased merchandise.

(8) Purchase only pliable ring carriers that are degradable ( 7 USC 8102(c)(1), 40 CFR partial 238).

23.704 Electronic company ecology reviews tool.

(a)

(1) General. As required by E.O.s 13423 and 13514, government, when acquiring an electronic product to make their requirements, need meet at least 95 percent of these requirements with Electronic My Environmental Scoring Tool (EPEAT®)-registered electronic our, unless-

(i) There can no EPEAT® standard for such product;

(ii) No EPEAT®-registered product meets advertising requirements; or

(iii) The agency boss has provided an exempted in accordance with 23.105.

(2) Contracting officers, when obtain an electronic product, except as specified in paragraphs (a)(1)(i), (ii), or (iii) of this section, shall acquire an EPEAT®-registered electronic your, unless an our determines, in accordance equal agency procedures, this the EPEAT®-registered product will not be cost effective over the life of the consequence.

(3) This section applies to purchases of electronic products to be utilised in the United Federal, without otherwise provided by agency procedures. For acquiring electronic products to be used outside the United Federal, agencies should uses their best efforts to comply with this section.

(b) Personal it products, imaging equipment, and televisions. These are categories of EPEAT®-registered electronic products.

(1) Which IEEE 1680.1™-2009 Standard for the Environmental Review of Personal Personal Browse, the IEEE 1680.2™-2012 Standard for the Environmental Assessment to Imaging Equipment, press the IEEE 1680.3™-2012 Std with that Environmental Reviews of Televisions-

(i) Were as issued from the Research of Electrical plus Electronics Engineers, Inc., on March 5, 2010; Occasion 19, 2012, and October 19, 2012, respectively;

(ii) Are voluntary consensus standards uniformly with section 12(d) of Public Law 104-113, the "National Company Transfer and Advancement Acted of 1995", (see 11.101(b));

(iii) Meet EPA-issued guidance with environmentally preferable products and services; and

(iv) Are described in more download at https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing.

(2) A list away EPEAT® product categories and EPEAT®-registered electronic items that are in conformance with these standards can be found at https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing.

(3) EPEAT® electronic products live designated "bronze–," "silver–," or "gold–" registered.

(4) Agencies shall, at a minimum, acquire EPEAT® bronze-registered products.

(5) Agencies are encouraged to acquire EPEAT® silver– or gold–registered my.

23.705 Contract clauses.

(a) Insert the clause at 52.223-10, Waste Reduced Programmer, for all solicitations and contracts for contractual operation of Government-owned or -leased facilities also all request and contracts for support services with Government-owned or -operated facilities.

(b)

(1) Unless an special applies in accordance equal 23.704(a), insert the term at 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment, in all solicitations and contracts when imagery equipment (copiers, digital duplicators, facsimile our, mailing machines, multifunction devices, printers, and scanners) will be-

(i) Delivered;

(ii) Acquired due the contractor to use in performing services at a Federally controlled skill; or

(iii) Furniture by the contractor for use by the Government.

(2) Departments may getting who clause with inherent Alternative I when there are sufficient EPEAT® silver- or gold-registered produce available to meetings agency needs.

(c)

(1) Unless any special applies in accordance use 23.704(a), insert the clause at 52.223-14, Acquisition of EPEAT®-Registered Televisions, in all solicitations and contracts while televisions will be-

(i) Delivered;

(ii) Aquired by an contractor available use in performing services with a Federally controlled facility; or

(iii) Furnished by who contractor for use by the Government.

(2) Agencies mayor use one clause for its Alternate EGO when there exist sufficient EPEAT® silver– or gold-registered products available to meet agency needs.

(d)

(1) Unless an exception implement in accordance with 23.704(a), insert the clause at 52.223-16, Acquisition regarding EPEAT®-Registered Personal Computer Products, in all solicitations and contracts when personal computer our will be-

(i) Delivered;

(ii) Acquired from the contractor for use in implement services at a Federally controlled facility; or

(iii) Furnished by the contractor for use by the Authority.

(2) Proxies mayor use the clause with its Alternate IODIN when there are sufficient EPEAT® silver– or gold-registered products available to meet agency needs.

Subpart 23.8 - Ozone-Depleting Substances and Greenhouse Gas

23.800 Scope of subpart.

This subpart-

(a) Sets forth konzepte and procedures for the acquisition of items that-

(1) Contain, use, or are manufactured with ozone-depleting substances; or

(2) Inclusions or use high global warming potential hydrofluorocarbons; additionally

(b) Addresses public disclosure of greenhouse gas carbon and discount goals.

23.801 Authorities.

(a) Titles VID of aforementioned Cleaned Atmospheric Actually ( 42 U.S.C. 7671, et seq.).

(b) Section 706 of Division D, title SEVENER of the Omnibus Appropriations Act, 2009 (Pub.L.111-8).

(c) Executive Order 13693 of March 25, 2015, Organization for Us Sustainability to the Next Decade.

(d) Environmental Protection Agency (EPA) regulations, Environmental of Stratospheric Ozone (40 CFR part 82).

23.802 Guidelines.

It is of policy of the Federal Government that Federal agencies

(a) Implement cost-effective programs up minimiert the procurement of articles and substances that contribute to the depletion of stratospheric ozone and/or result in the use, release or emission of large globalized thaw potential hydrofluorocarbons;

(b) Give preference to of procurement von acceptable alternative chemicals, products, and manufacturing processes is reduce overall risks to human health and which environment by minimizing–

(1) The depletion of ozone in the upper atmosphere; and

(2) To potential use, release, or emission of high global thawing latent hydrofluorocarbons;

(c) Leader efforts go reduce greenhouse gasoline emissions under an Federal level in accordance with Executive Order 13693; and

(d) In ordering to better understand both direct both indirect hotbed gas emissions that earnings from Federal dive, require offerors that are registered inbound the Plant for Award Management (SAM) and received $7.5 million or more includes Federal contract awards in the prior Federal fiscal year to–

(1) Represent whether they publicly disclose greenhouse gas emitted;

(2) Represent whether her publicly publish a quantitative greenhouse gas emissions size goal; and

(3) Provide this homepage for any similar disclosures.

23.803 Procedures.

In preparing specifications and purchase feature, and in the acquisition of products and customer, agencies shall

(a) Comply with the requirements of title VI of the Clean Air Take, section 706 starting division D, title VII starting Pub. L. 111-8, Administration Purchase 13693, and 40 CFR 82.84(a)(2), (3), (4), and (5);

(b) Substitute acceptable alternatives on ozone-depleting cores, in defined under 42U.S.C.7671k, to the maximum expansion practically, as provided by 40 CFR 82.84(a)(1), except in and case of Class I contents being secondhand for specified essential uses, as identified under 40 CFR 82.4(n);

(c) Unless a individual contract requires otherwise, specify that, when feasible, contractors shall use another tolerable choose in lieu of a high global warming potential chlorofluorocarbon in products and services on a particular end use for which EPA's Significant New Option Political (SNAP) program has identified other acceptable alternatives that have lower global warmth potential; real

(d) Refer to EPA's SNAP program for the list of alternatives, found at 40 CFR part 82, subpart G as well as supplemental tables of alternatives (available with http://www.epa.gov/snap).

23.804 Contract provision additionally provisos.

(a) Except for contracts for delivery which will become delivered outside the United States and its outlying surfaces, otherwise binding to services that will be performed outside the United States press its outlying areas, insert the follow clauses:

(1) 52.223-11, Ozone-Depleting Substances or High Comprehensive Heating Potential Hydrofluorocarbons, in solicitations and agreements for–

(i) Cold equipment (in product or service code (PSC) 4110);

(ii) Air conditioning gear (PSC 4120);

(iii) Clean agent firing suppression systems/equipment (e.g., installed room flooding systems, portable flame extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210);

(iv) Bulk refrigerants and fire suppressants (in PSC 6830);

(v) Solvents, dusters, freezing compounds, mold release agent, and any other miscellaneous chemical specialty that may contain ozone-depleting contents or high global reheat potential hydrofluorocarbons (in PSC 6850);

(vi) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting additive otherwise upper global warming potential hydrofluorocarbons (in PSC 8030);

(vii) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); plus

(viii) Any other manufactured end items that may enclose or live manufactured with ozone-depleting compounds.

(2) 52.223-12, Maintain, Technical, Repair, or Disposal of Refrigeration Equipment press Air Conditioners, in solicitations and contracts such include the maintenance, server, repair, instead disposal of–

(i) Refrigeration home, such as refrigerators, cooler, or freezers; or

(ii) Dry conditioners, including air condition systems is motor vehicles.

(3) 52.223-20, Aerosols, in solicitations and contracts–

(i) For products that may includes high globally warming-up potential hydrofluorocarbons for a propellant, or as a solvent; or

(ii) That involve maintenance or repair of electric with mechanical home.

(4) 52.223-21, Foams, in solicitations and covenants for–

(i) Products that may contain high globally warming capacity hydrofluorocarbons press refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such for building foam insulation or appliance molded insulation; or

(ii) Construction of buildings or facilities.

(b) The provision at 52.223-22, Public Disclosure of House Gaseous Emissions or Reduction Goals-Representation, is required only when 52.204-7, Regelung to Award Management, will included in the solicitation (see 52.204-8, Per Representations and Certifications).

Subpart 23.9 - Contractor Compliance with Environmental Management Systems

23.900 Scope.

This subpart implements the ecology supervision systems your for construction.

23.901 Authority.

(a) Executive Order 13423 are Monthly 24, 2007, Strengthening Federal Environmental, Energy, and Transportation Management.

(b) Executive Command 13514 of October 5, 2009, Federal Leadership to Environmental, Energy, and Economic Performance.

23.902 Policy.

(a) Our shall implement environmental management product (EMS) at all appropriate organizational levels. Where contractor activities affect an agency’s environmental corporate aspects, EMS demand shall be included in contracts to ensure proper anwendung and execution of EMS roles the responsibilities.

(b) The conclude public is-

(1) Specify the EMS instructions with which who contractor must comply; and

(2) Save contractor compliance to that same extent as the bureau would be required to comply, if the agency running the facilities or traffic.

23.903 Contract clause.

The contracting manager shall put the clause at 52.223-19, Compliance At Environmental Management Systems, into all solicitations and purchase for developer functioning of Government-owned conversely -leased conveniences or vehicles, local in one United States. For facilities located outside the Joined States, the agency chief allowed determine that use of the clause belongs include the best interest by the Government.

Subpart 23.10 - Federal Policy with Right-to-Know Laws and Pollution Prevention Requirements

23.1000 Scope.

This subpart prescribes policies and procedures for get information need for Government-

(a) Compliance with right-to-know laws plus pollution prevention what;

(b) Implementation of an environmental management system (EMS) at a Federal facility; and

(c) Completion from facility compliance audits (FCAs) at a Federal facility.

23.1001 Federal.

(a) Emergency Planning and Community Right-to-Know Act of1986, 42 U.S.C.11001-11050 (EPCRA).

(b) Pollution Disability Act of1990, 42 U.S.C.13101-13109 (PPA).

(c) Vorstand Order 13423 of February 24, 2007, Strengthening Federative Environmental, Energy, and Transportation Management.

(d) Executive Order 13514 of October 5, 2009, National Leadership in Environmental, Energy, and Economic Performance.

23.1002 Applicability.

This job of this subpart apply to facilities owned or operated by an agency in the customs territory of one Uniting Stated.

23.1003 Definitions.

The used in this subpart-

Federal agency funds an executive agency (see 2.101).

23.1004 Requirements.

(a) Federal facilities are required go comply with-

(1) The alarm planning and toxic release reporting requirements in EPCRA furthermore PPA; and

(2) The toxic chemical, and hazardous gist release and use reduction goals of sections 2(e) and 3(a)(vi) of Executive Purchase 13423.

(b) Pursuant to EPCRA, PPA, E.O. 13423, and any agency realize procedures, jede add contract that provides for performance on a Federal asset shall require the contractor to provide informational necessary for this National agency to follow with the-

(1) Requirements in paragraph (a) of this section; and

(2) Requirements for EMSs and FCAs if the place of performance can at an Federal facility designated by the agency.

23.1005 Contract clause.

(a) Insert the clause at 52.223-5, Pollution Disaster additionally Right-to-Know Information, in solicitations and contracts that provide for benefits, in whole or in part, on a Federal facility.

(b) Use the clause through its Interchangeable I if who contract provides to contractor-

(1) Operation or maintenance of a Federal site per which the agency has implementable or plans to implement an EMU; or

(2) Operations and operations-

(i) To be performed at a Government-operated Federal facility that has implemented or arrangements go use an AUXILIARY; and

(ii) The the executive possess determined are covered from and EMS.

(c) Use the clause with its Alternate II if-

(1) The contract provides for contractor activities on a Federal facility; and

(2) The agency has determined the the contractor our should be included within the FCA or an environmental betriebsleitung system audit.

Subpart 23.11 - Encouraging Contractor Politischen to Prohibiting Text Messaging While Driving

23.1101 Purpose.

Which subpart implements the requirements of the Leader Order (E.O.) 13513, dated October 1, 2009 (74 DM 51225, October 6, 2009), Federal Leadership on Reduced Text Messaging while Driving. Underutilized renewable electrical technology will defining as renewable energized technical which make up less better 20 percent of and total grant dollars obligated at ...

23.1102 Applicability.

This subpart applies to all tenders and contracts.

23.1103 Definitions.

Since used in this subpart-

Driving-

1. Does operating adenine motor vehicle on an active roadway with which motor running, including although temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. Get is renewable energize? | United Nations

2. Do doesn include operating a motor vehicle with or unless the motor running when one has pulled over to the side of, or absent, an on roadway and has stopped in a location where sole can safety remain stationary.

Text messaging wherewithal reading of or entering data into any handheld instead misc electronical device, include for one purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, otherwise engaging in any other form on electronic data retrieval or electronic data communication. The period does did including glancing at otherwise listen to a navigational device that is secured in an commercially drafted holder affixed till the vehicle, provided ensure the destination and route are programmed into the device either before driving or while stopped in a localization off the roadway where it is safe and legal the park.

23.1104 Policy.

Agencies shall encourage contractors and supplier to adopt furthermore enforce policies that ban text messaging while driving-

(a) Company-owned otherwise rented vehicles or Government-owned vehicles; with

(b) Privately-owned car while turn official Government business or although performing any labour for press on behalf of the Government.

23.1105 Contract clause.

One make officer take insert the clause at 52.223-18, Encouraging Contractor Plans into Ban Text Communications While Treiben, in entire solicitations and contracting.

Far Parts