Model Acquisition Language for Energy-Efficient Product Contracts

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Graphic of the eTraining logoEnergy-Efficient Federal Purchasing: This intermediate FEMP eTraining course offers hands-on learning on finding, specifying, and selecting energy-efficient products.

Energy-Efficient Product Procurement: This introductory FEMP First Thursday Seminar details executive order and Federal Acquisition Regulation requirements for purchasing FEMP-designated and ENERGY STAR products.

Federal agencies must insert specific contract language for Energy Efficiency in Energy-Consuming Products as defined in Federal Acquisition Regulation (FAR) Section 52.223-15 in solicitations and contracts when ENERGY STAR®-qualified or FEMP-designated energy-consuming products are:

  • Delivered
  • Acquired by the contractor for use in performing services at a Federally-controlled facility
  • Furnished by the contractor for use by the Government
  • Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance

This is true unless the agency is exempt as defined in FAR Section 23.205.

Model Language

The following model language is defined in FAR Section 52.223-15:

ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

   (a) Definition. As used in this clause—
"Energy-efficient product"—
(1) Means a product that—
(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star® trademark label; or
(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program.
(2) The term "product" does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).
(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR products or FEMP-designated products) at the time of contract award, for products that are—
(1) Delivered;
(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(3) Furnished by the Contractor for use by the Government; or
(4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.
(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless—
(1) The energy-consuming product is not listed in the ENERGY STAR Program or FEMP; or
(2) Otherwise approved in writing by the Contracting Officer.
(d) Information about these products is available for—
(1) ENERGY STAR at http://www.energystar.gov/products; and
(2) FEMP at www.femp.energy.gov/technologies/eep_purchasingspecs.html.

(End of clause)

Sample Contract Language

In addition to the model language provided by FAR Section 52.223-15, FEMP provides sample contract language for specific product types, which are provided below as Adobe Acrobat PDFs.