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Federal Policies on Energy-Efficient Purchasing

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Energy Policy Act of 2005

Section 104 of the Energy Policy Act of 2005 (Public Law 109-58) (PDF 73 KB, 2 pp) requires agencies to purchase ENERGY STAR®-qualified or FEMP-designated products when procuring energy-consuming products. The requirement applies to products and equipment purchased through any agency procurement action, including those products purchased:

  • directly by agencies from federal supply agencies and commercial sources;
  • indirectly through acquisitions carried out under construction, renovation, or services contracts; and
  • individually through any purchases using government credit cards.

Exceptions to these requirements are allowed only if the head of an agency finds in writing that an ENERGY STAR® or FEMP-designated product is not cost-effective over the life of the product, or that no ENERGY STAR® or FEMP qualified product is reasonably available that meets the agency's functional requirements.

The Act directs the General Services Administration and the Defense Logistics Agency to supply only ENERGY STAR®-qualified or FEMP-designated products unless written justification is received from the requesting agency to supply an alternative product. This justification must meet the exception criteria above.

Federal Acquisition Regulations

Effective July 2003, Part 23 of Federal Acquisition Regulations (48 CFR Part 23) was updated to require that federal agencies purchase, where life-cycle cost-effective and available, energy-using products that are ENERGY STAR® labeled or meet the requirements of FEMP product energy efficiency recommendations or FEMP low standby power recommendations. For details, see Section 23.203.

Executive Order 13423

Executive Order 13423 (PDF 104 KB, 7 pp) requires federal agencies in acquisition of goods and services to acquire energy-efficient products. Instructions for implementing the order (PDF 150 KB, 51 pp) define energy-efficient products as Energy Star-qualified or FEMP-designated products.

Executive Order 13221

Executive Order 13221 (PDF 84 KB, 3 pp) directs Federal agencies to purchase products that use minimal standby power when possible.