Federal Procurement And PFAS: The Push (and Push Back) For Policy Change

The Biden Administration has prioritized addressing the environmental and health issues posed by the use of perfluoroalkyl or polyfluoroalkyl substances (PFAS), including use by federal agencies and the military. The Environmental Protection Agency (EPA) is already developing policy that applies to the procurement of products that contain PFAS. This is likely just the start of a broader effort to regulate PFAS in federal procurement. In an interesting twist, the administration is now opposing what it views as overly aggressive and thus unrealistic policies to combat PFAS. This remains a dynamic area and likely will remain so for the foreseeable future. In the meantime, it will be important for contractors to monitor the PFAS requirements and restrictions that currently apply to their contracts and track the policies developed that are likely to drive future changes to those requirements and restrictions.¹