DoD Aligns with FAR on Sustainable Procurement

The U.S. Department of Defense (DoD) issued a final rule bringing the Defense Federal Acquisition Regulation Supplement (DFARS) into alignment with changes to the Federal Acquisition Regulation (FAR) that reorganized Part 23 on Sustainable Procurement. The rule, issued on August 15, 2024, became effective immediately. It makes no substantive changes and "does not alter policy or requirements stated in the DFARS." Although the rule renames certain DFARS parts and subparts, and changes one DFARS clause number, its effect on contractors is likely slight. We previously commented in greater detail on the corresponding streamlining of the FAR.

Following the reorganization of FAR Part 23, the rule renames Part 223 as "Environment, Sustainable Acquisition, and Material Safety." It also adds subpart 223.1, Sustainable Products and Services, where it brings together the content from subparts 223.4 and 223.8. The rule moves the content on a Drug-Free Workplace from subpart 223.5 to Part 226 into a newly added subpart 226.5 of the same title. The contract clause at DFARS 252.223-7004, Drug-Free Work Force, is consequently moved to DFARS 252.226-7003, Drug-Free Work Force. The rule renames subpart 223.3 as "Hazardous Material Identification, Material Safety Data, and Notice of Radioactive Materials."

As the rule "only renames an existing DFARS part and existing subparts, and relocates DFARS subparts and paragraphs, to align the DFARS with changes made in the FAR," the drafters determined the rule did not require public comment under 41 U.S.C. § 1707. The rule does make some "editorial changes" to the renumbered clause to conform with definition drafting conventions. Although contractors who frequently reference the DFARS will find it helpful to note the reorganization and corresponding renumbering imposed by the rule, contractors can otherwise rest easy that the rule imposes no new requirements.