10 C.F.R. § 436.43 – Procurement planning.

(a) Agencies should consider the procurement planning requirements of section 553 of the National Energy Conservation Policy Act as applying to:
1. (1) Design, design/build, renovation, retrofit and services contracts; facility maintenance and operations contracts;
2. (2) Energy savings performance contracts and utility energy service contracts;
3. (3) If applicable, lease agreements for buildings or equipment, including build-to-lease contracts;
(b) Agencies should require the procurement of ENERGY STAR and FEMP designated products in new service contracts and other existing service contracts as they are recompeted and should, to the extent possible, incorporate such requirements and preferences into existing contracts as they are modified or extended through options.
(c) Agencies should include criteria for energy efficiency that are consistent with the criteria used for rating qualified products in the factors for the evaluation of:
1. (1) Offers received for procurements involving covered products, and
2. (2) Offers received for construction, renovation, and services contracts that include provisions for covered products.
(d) Agencies should notify their vendors of the Federal requirements for energy efficient purchasing.