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May 7, 2024

DoD, GSA, and NASA Amend Federal Acquisition Regulation to Require Agencies to Procure Sustainable Products and Services

Lynn L. Bergeson Carla N. Hutton

On April 22, 2024, the U.S. Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule amending the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable. 89 Fed. Reg. 30212. The final rule adds several definitions, including defining biobased product as “a product determined by the U.S. Department of Agriculture [(USDA)] to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging.” Sustainable products and services are defined as products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

The final rule will be effective May 22, 2024.