Recommendations: Frequent Questions

How Did EPA Develop the Recommendations?

The Recommendations are based on 1) an assessment per EPA’s Framework for Environmental Performance Standards and Ecolabels (formerly known as the Guidelines) via a Pilot that ran from March 2015 through December 2016, 2) analysis and use by other federal agencies, including from the Department of Energy's (DOE's) Priority Products List and the General Services Administration's (GSA's) Key Sustainable Products, and 3) alignment with current federal procurement and/or end of life management requirements related to use of specific private sector ecolabels or standards. Learn more about the process to develop the Framework and the 2015 - 2016 pilot to test the Framework.

Do the Recommendations Also Apply to Services Purchased by the Federal Government?

Yes. Subpart 23.108 of the Federal Acquisition Regulation (FAR) directs federal contracting officers, after meeting statutory purchasing program requirements in part 23.107, to purchase to the maximum extent practicable products and services that meet required EPA purchasing programs including EPA’s Recommendations of Specifications, Standards and Ecolabels (subpart 23.108–3).

In addition, FAR 23.103(c) states that any product supplied or procured to perform a service is required to meet the definition of sustainable products and services at FAR part 2.101 (definitions) when the product is:

• Delivered to the Government,
• Furnished by the contractor for use by the Government,
• Incorporated into the construction of a public building or public work, or
• Acquired by the contractor for use in performing services under a Government contract where the cost of the products is a direct cost to a Government contract (versus costs which are normally applied to a contractor’s general and administrative expenses or indirect costs.)”

FAR Clause 52.223-23, Sustainable Products and Services, provides contractors instruction on how to meet sustainable purchasing requirements.

Learn about recent revisions to the FAR, which strengthened, streamlined, and clarified federal sustainable procurement requirements.

How Will EPA Update These Recommendations?

EPA will review the Recommendations periodically and update them based on assessments against the Framework or other federal agency analyses/assessments and/or federal procurement or end of life management requirements if/when they become available or are updated. 

EPA is currently seeking applicants for potential inclusion into the Recommendations. EPA will perform assessments based on available resources and alignment with administration priorities. Learn more about how to apply.

Please send any suggestions on how to further improve the Recommendations or any other related comments to EPP@epa.gov.

What are the Authorities that Guide the Recommendations?

• The Infrastructure Investment and Jobs Act.
• The Inflation Reduction Act.
• The Pollution Prevention Act of 1990 (PPA), section 6604(b)(11), directs EPA to identify opportunities to use Federal Procurement to encourage pollution prevention. 
• The Federal Acquisition Regulation (FAR) Part 23.108 directs contracting officers, after meeting statutory purchasing program requirements in part 23.107, to purchase to the maximum extent practicable products and services that meet required EPA purchasing programs. EPA’s Recommendations of Specifications, Standards and Ecolabels is one of the required EPA purchasing programs (part 23.108–3). Learn about recent revisions to the FAR, which strengthened, streamlined, and clarified federal sustainable procurement requirements.
• The National Technology Transfer and Advancement Act (NTTAA) (Section 12d), and OMB Circular A-119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities direct federal agencies to use private sector standards and conformity assessment (e.g., certification) in procurement, except where inconsistent with law or otherwise impractical. 

Why Are some EPA ecolabels included in the Recommendations but not others?

The Recommendations provide federal purchasers with a list of non-U.S. federal government standards and ecolabels for use in federal procurement beyond the already required statutory sustainable purchasing programs. If there is an EPA ecolabel that overlaps with any of the product or service categories covered by the Recommendations, then he label will be included (e.g. Safer Choice). To see the full list of all product and service categories procured by the federal government which have one or more sustainable procurement requirements, visit GSAs Green Procurement Compilation.