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ARTICLE · 13 MAY 2024

Updates On GHG Emissions Disclosure Requirements

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Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation ("FAR") to require contractors...

United StatesGovernment, Public Sector
Townsend Bourne
Townsend Bourne
Shaunna Bailey
Shaunna Bailey
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Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions

Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation ("FAR") to require contractors to inventory and report their greenhouse gas ("GHG") emissions and climate-related financial risk in order to be eligible for Federal awards. (Prior posts are available here and here.)

The FAR Council published a proposed rule in November 2022, in response to which it received over 37,000 public comments. Since then, a FAR Council team has been tasked with considering those comments and drafting a final rule. Although the final rule has not yet been published, on February 25, 2024, the Department of Defense ("DoD") issued a Class Deviation toprohibit DoD contracting officers from requiring defense contractors to disclose their GHG emissions as a condition of contract award.1 It also prohibits

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