{"identifier":"/us/usc/t42/s8259b","title":42,"num":"\u00a7\u202f8259b.","heading":"Federal procurement of energy efficient products","text":"\u00a7\u202f8259b.\nFederal procurement of energy efficient products\n(a)\nDefinitions\nIn this section:\n(1)\nAgency\nThe term \u201cagency\u201d has the meaning given that term in\nsection 7902(a) of title 5\n(2)\nEnergy Star product\nThe term \u201cEnergy Star product\u201d means a product that is rated for energy efficiency under an Energy Star program.\n(3)\nEnergy Star program\nThe term \u201cEnergy Star program\u201d means the program established by\nsection 6294a of this title\n(4)\nFEMP designated product\nThe term \u201cFEMP designated product\u201d means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency.\n(5)\nProduct\nThe term \u201cproduct\u201d does not include any energy consuming product or system designed or procured for combat or combat-related missions.\n(b)\nProcurement of energy efficient products\n(1)\nRequirement\nTo meet the requirements of an agency for an energy consuming product in a product category covered by the Energy Star program or the Federal Energy Management Program for designated products, the head of the agency shall, except as provided in paragraph (2), procure\u2014\n(A) an Energy Star product; or\n(B) a FEMP designated product.\n(2)\nExceptions\nThe head of an agency is not required to procure an Energy Star product or FEMP designated product under paragraph (1) if the head of the agency finds in writing that\u2014\n(A) an Energy Star product or FEMP designated product is not cost-effective over the life of the product taking energy cost savings into account; or\n(B) no Energy Star product or FEMP designated product is reasonably available that meets the functional requirements of the agency.\n(3)\nProcurement planning\nThe head of an agency shall incorporate into the specifications for all procurements involving energy consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP designated products.\n(c)\nListing of energy efficient products in Federal catalogs\nEnergy Star products and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration or the Defense Logistics Agency shall list in their catalogues, represent as available, and supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases in which the head of the agency ordering a product specifies in writing that no Energy Star product or FEMP designated product is available to meet the buyer\u2019s functional requirements, or that no Energy Star product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy cost savings into account.\n(d)\nSpecific products\n(1) In the case of electric motors of 1 to 500 horsepower, agencies shall select only premium efficient motors that meet a standard designated by the Secretary. The Secretary shall designate such a standard not later than 120 days after\nAugust 8, 2005\n(2) All Federal agencies are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, including appropriate cleaning and maintenance, including the use of any system treatment or additive that will reduce the electricity consumed by air conditioning and refrigeration equipment. Any such treatment or additive must be\u2014\n(A) determined by the Secretary to be effective in increasing the efficiency of air conditioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life;\n(B) determined by the Administrator of the Environmental Protection Agency to be environmentally safe; and\n(C) shown to increase seasonal energy efficiency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to Department of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubricant, or other materials in the system.\nResults of testing described in subparagraph (C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive.\n(e)\nFederally-procured appliances with standby power\n(1)\nDefinition of eligible product\nIn this subsection, the term \u201celigible product\u201d means a commercially available, off-the-shelf product that\u2014\n(A)\n(i) uses external standby power devices; or\n(ii) contains an internal standby power function; and\n(B) is included on the list compiled under paragraph (4).\n(2)\nFederal purchasing requirement\nSubject to paragraph (3), if an agency purchases an eligible product, the agency shall purchase\u2014\n(A) an eligible product that uses not more than 1 watt in the standby power consuming mode of the eligible product; or\n(B) if an eligible product described in subparagraph (A) is not available, the eligible product with the lowest available standby power wattage in the standby power consuming mode of the eligible product.\n(3)\nLimitation\nThe requirements of paragraph (2) shall apply to a purchase by an agency only if\u2014\n(A) the lower-wattage eligible product is\u2014\n(i) lifecycle cost-effective; and\n(ii) practicable; and\n(B) the utility and performance of the eligible product is not compromised by the lower wattage requirement.\n(4)\nEligible products\nThe Secretary, in consultation with the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the Administrator of General Services, shall compile a publicly accessible list of cost-effective eligible products that shall be subject to the purchasing requirements of paragraph (2).\n(f)\nRegulations\nNot later than 180 days after\nAugust 8, 2005","url":"https://projectusc.org/usc/t42/s8259b.html","content":[{"t":"sec","id":"/us/usc/t42/s8259b","children":[{"t":"num","text":"\u00a7\u202f8259b."},{"t":"heading","text":"Federal procurement of energy efficient products"},{"t":"subsec","id":"/us/usc/t42/s8259b/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t42/s8259b/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Agency"},{"t":"content","children":[{"t":"p","text":"The term \u201cagency\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 7902(a) of title 5","href":"/us/usc/t5/s7902/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Energy Star product"},{"t":"content","children":[{"t":"p","text":"The term \u201cEnergy Star product\u201d means a product that is rated for energy efficiency under an Energy Star program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Energy Star program"},{"t":"content","children":[{"t":"p","text":"The term \u201cEnergy Star program\u201d means the program established by ","children":[{"t":"ref","text":"section 6294a of this title","href":"/us/usc/t42/s6294a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"FEMP designated product"},{"t":"content","children":[{"t":"p","text":"The term \u201cFEMP designated product\u201d means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Product"},{"t":"content","children":[{"t":"p","text":"The term \u201cproduct\u201d does not include any energy consuming product or system designed or procured for combat or combat-related missions.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s8259b/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Procurement of energy efficient products"},{"t":"para","id":"/us/usc/t42/s8259b/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Requirement"},{"t":"chapeau","text":"To meet the requirements of an agency for an energy consuming product in a product category covered by the Energy Star program or the Federal Energy Management Program for designated products, the head of the agency shall, except as provided in paragraph (2), procure\u2014"},{"t":"subpara","id":"/us/usc/t42/s8259b/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an Energy Star product; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8259b/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a FEMP designated product.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Exceptions"},{"t":"chapeau","text":"The head of an agency is not required to procure an Energy Star product or FEMP designated product under paragraph (1) if the head of the agency finds in writing that\u2014"},{"t":"subpara","id":"/us/usc/t42/s8259b/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an Energy Star product or FEMP designated product is not cost-effective over the life of the product taking energy cost savings into account; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8259b/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" no Energy Star product or FEMP designated product is reasonably available that meets the functional requirements of the agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Procurement planning"},{"t":"content","children":[{"t":"p","text":"The head of an agency shall incorporate into the specifications for all procurements involving energy consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP designated products.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s8259b/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Listing of energy efficient products in Federal catalogs"},{"t":"content","children":[{"t":"p","text":"Energy Star products and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration or the Defense Logistics Agency shall list in their catalogues, represent as available, and supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases in which the head of the agency ordering a product specifies in writing that no Energy Star product or FEMP designated product is available to meet the buyer\u2019s functional requirements, or that no Energy Star product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy cost savings into account.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s8259b/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Specific products"},{"t":"para","id":"/us/usc/t42/s8259b/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" In the case of electric motors of 1 to 500 horsepower, agencies shall select only premium efficient motors that meet a standard designated by the Secretary. The Secretary shall designate such a standard not later than 120 days after ","children":[{"t":"text","text":"August 8, 2005","tail":", after considering the recommendations of associated electric motor manufacturers and energy efficiency groups."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/d/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" All Federal agencies are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, including appropriate cleaning and maintenance, including the use of any system treatment or additive that will reduce the electricity consumed by air conditioning and refrigeration equipment. Any such treatment or additive must be\u2014"},{"t":"subpara","id":"/us/usc/t42/s8259b/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" determined by the Secretary to be effective in increasing the efficiency of air conditioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8259b/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" determined by the Administrator of the Environmental Protection Agency to be environmentally safe; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8259b/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" shown to increase seasonal energy efficiency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to Department of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubricant, or other materials in the system.","children":[{"t":"p","text":"Results of testing described in subparagraph (C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s8259b/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Federally-procured appliances with standby power"},{"t":"para","id":"/us/usc/t42/s8259b/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Definition of eligible product"},{"t":"chapeau","text":"In this subsection, the term \u201celigible product\u201d means a commercially available, off-the-shelf product that\u2014"},{"t":"subpara","id":"/us/usc/t42/s8259b/e/1/A","children":[{"t":"num","text":"(A)"},{"t":"clause","id":"/us/usc/t42/s8259b/e/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" uses external standby power devices; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8259b/e/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" contains an internal standby power function; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8259b/e/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is included on the list compiled under paragraph (4).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Federal purchasing requirement"},{"t":"chapeau","text":"Subject to paragraph (3), if an agency purchases an eligible product, the agency shall purchase\u2014"},{"t":"subpara","id":"/us/usc/t42/s8259b/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an eligible product that uses not more than 1 watt in the standby power consuming mode of the eligible product; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8259b/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" if an eligible product described in subparagraph (A) is not available, the eligible product with the lowest available standby power wattage in the standby power consuming mode of the eligible product.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Limitation"},{"t":"chapeau","text":"The requirements of paragraph (2) shall apply to a purchase by an agency only if\u2014"},{"t":"subpara","id":"/us/usc/t42/s8259b/e/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" the lower-wattage eligible product is\u2014"},{"t":"clause","id":"/us/usc/t42/s8259b/e/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" lifecycle cost-effective; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s8259b/e/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" practicable; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s8259b/e/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the utility and performance of the eligible product is not compromised by the lower wattage requirement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s8259b/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Eligible products"},{"t":"content","children":[{"t":"p","text":"The Secretary, in consultation with the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the Administrator of General Services, shall compile a publicly accessible list of cost-effective eligible products that shall be subject to the purchasing requirements of paragraph (2).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s8259b/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Regulations"},{"t":"content","children":[{"t":"p","text":"Not later than 180 days after ","children":[{"t":"text","text":"August 8, 2005","tail":", the Secretary shall issue guidelines to carry out this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}