Federal Procurement Policies for Energy-Saving Products

Purchase ENERGY STAR Certified Products

As the world's largest volume-buyer of energy-related products, the Federal government can reduce energy consumption, achieve enormous cost savings and contribute meaningfully to a cleaner environment by purchasing energy-efficient products. Federal buyers are required by law to purchase energy efficient products.

Section 104 of the Energy Policy Act of 2005 requires agencies to purchase ENERGY STAR-qualified or Federal Energy Management Program (FEMP)-designated products when procuring energy-consuming products. The requirement applies to products and equipment purchased through any agency procurement action, and exceptions are allowed only if the head of an agency finds in writing that a qualified product is not cost-effective over the life of the product or is not reasonably available meeting the agency's functional requirements.

What is Covered?

ENERGY STAR certification is available for over 75 product categories.

All major manufacturers offer ENERGY STAR certified products. Products that earn the ENERGY STAR are independently certified based on testing in EPA-recognized laboratories to deliver the energy savings promised by the label, without sacrificing performance.

Visit the ENERGY STAR Product Finder to identify the right qualifying products for your needs.

Sample Procurement Language

Insert FAR clause 52.223-15 into contracts and solicitations and ensure ENERGY STAR and FEMP are referenced in the Statement of Work section. As prescribed in FAR Part 23.206, insert the following clause:

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 (FEMP).

(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 https://www.energy.gov/eere/femp/search-energy-efficient-products.

If incorporating the FAR clause directly into the contract or solicitation is not an option, consider adding the following:

Consistent with FAR clause 52.223-15,for energy-consuming products, the contractor shall provide products that have earned the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. Visit the ENERGY STAR Product Finder for the most up to date list of certified products.