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Code · BILL · 117th Congress · H.R. 4350 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military c... · Sec. 855

Sec. 855. Acquisition practices and policies assessment

587 words·~3 min read·/bill/117/hr/4350/pcs/section-855·

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The Department of Defense Climate Working Group established pursuant to Executive Order 14008 (86 Fed. Reg. 7619, related to tackling the climate crisis), in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall assess and develop recommendations for implementing, in regulations, the acquisition practices and policies described in subsection
(b)with respect to acquisitions by the Department of Defense. The practices and policies described in this subsection are— acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— weighing the cost savings and resource and energy preservation of environmentally preferable goods or services against the speed and uniformity of traditional goods or services when identifying requirements or drafting the statement of work; designing the technical specifications that set product performance levels to diminish greenhouse gas emissions; restricting the statement of work or specifications to only environmentally preferable goods or services where the quality, availability, and price comparable to traditional goods or services; engaging in public-private partnerships with private sector and nonprofit institutions to design, build, and fund resilient, low-carbon infrastructure; collaborating with local jurisdictions surrounding military installations, with a focus on military installations located in States with established policies, guidance, and processes for procuring goods and services in a manner that minimizes environmental and social costs; and designing the technical specifications for assessment and mitigation of risk to supply chains from extreme weather and changes in environmental conditions; source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including— considering any resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors; using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency; training acquisition professionals to evaluate the credibility of certifications and labels purporting to convey information about the environmental impact of a good or service; and considering all the costs of a good or service that will be incurred throughout its lifetime by calculating and measuring operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon and other greenhouse gas emissions associated with the good or service; and consideration of the external economic, environmental, and social effects arising over the entire life cycle of an acquisition when making acquisition planning and source selection decisions. Not later than 180 days after the date of the enactment of this Act, the chair of the Department of Defense Climate Working Group shall submit to the congressional defense committees a report on the assessment conducted under subsection (a), which shall include the recommendations developed under such subsection. In this section: The term environmentally preferable , with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service. The term resource-efficient goods and services means goods and services— that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and for which the negative environmental impacts across the full life cycle of such goods and services are minimized.
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  • 86 FR 7619
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Sec. 855
Acquisition practices and policies assessment
Fed. Reg.86 FR 7619
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