WHILE CYBER GETS THE ATTENTION, GREEN PROCUREMENT EXPANDING AS WELL

Federal contractors and their customers are right to focus on cybersecurity issues.  Ensuring secure supply chains, safeguarding information systems, and protecting personal information are all important to the efficient conduct of government business.  In the meantime, however, industry can’t ignore the steady rollout of new acquisition rules all aimed at ensuring that government acquisition does at least its part to clean up the environment.  The most recent Multiple Award Schedule update is a case in point.  The new refresh, which came out in late May, has a dozen new contract clauses that companies must abide by.  These include issues that transcend product acquisition and impact all Schedule contractors.  Sustainable procurement, waste reduction, and pollution prevention are just some of the areas covered by the new clauses.  Coming soon may be new clauses on what constitutes sustainable procurement and greenhouse gas emissions.  Both of these issues are currently under consideration by the FAR Council. These clauses also just won’t be part of the Schedules program.  Look for them in just about any new contract.  While protecting the environment is a valid goal, doing so on the backs of government contractors doesn’t come without a cost.  The slew of government-only rules for commercial item acquisitions serves really only to drive up contractor overhead with a minimum impact on the environment.  The next Chinese coal plant that comes on-line, one of dozens scheduled to roll out this year, will likely wipeout any benefit the government’s acquisition rules seek to attain.  In the meantime, contractors will be required to keep records, potentially initiate new reporting requirements, and take other steps that all consume energy in a bid to, among other things, reduce energy consumption.  Contractors need to ensure that their voices are heard during the rule making process, whether the rule deals with the environment, cybersecurity, or some other identified goal.  Tracking and commenting on FAR cases may not be as fun as some other activities but keeping the regulatory overflow to a minimum brings its own rewards.