Guidance on risks, challenges, and opportunities for companies subject to sustainable procurement initiatives.

Our Work & Our Clients

B&D advises clients on federal, state, municipal, and international sustainable procurement (also known as “green procurement”) initiatives, which are playing an increasingly influential role in companies’ business operations and cost of doing business—sometimes as important or even more important than regulatory mandates.

Our clients include product manufacturers (electronics and household appliances, food and beverage, beauty and personal hygiene products, furniture, fabrics, cleaning products, construction materials, and wood products, among others) subject to these procurement criteria, as well as related trade associations. Many of our clients seek a competitive edge in markets where institutional purchasers such as federal and state governments play a significant role.

Why B&D?

What sets B&D apart is our focus on environmental, health, and safety law and litigation, and our years of experience guiding clients on product stewardship and ESG and sustainability issues. We understand the complexities and nuances of procurement programs across jurisdictions, the critical role that sustainable procurement plays in purchasing decisions, and how to effectively incorporate sustainable procurement into companies’ overall ESG strategies. Our team includes former federal government officials who advised government clients on sustainable procurement goals and policies, including those regarding zero-emission vehicle acquisitions, net-zero buildings, and aqueous film-forming foam (AFFF) replacement. This coupled with insights gained from our work across industry sectors, we provide creative, practical, and tailored advice to companies as they navigate this evolving landscape. We have the unique ability to bridge legal requirements with business realities.

Services

Our services include:

• Guidance on sustainable procurement initiatives including:
  • President Biden's Executive Order 14057 (Net-Zero Emissions Procurement by 2050)
  • the U.S. Department of Agriculture’s BioPreferred Program
  • the U.S. General Services Administration (GSA)’s FAR Part 23.103 (Sustainable Products and Services rule)
  • the GSA’s Buy Clean policy
  • the GSA’s Climate Disclosure rule
• Review of ecolabels
• Risk assessment and mitigation
• Opportunity identification

Representative Matters

• Successfully defending various manufacturing clients’ products from disqualification under the Energy Star Program.
• Successfully defending a Fortune 500 technology company’s products from removal from the Electronic Product Environmental Assessment Tool (EPEAT) registry.
• Advising manufacturing companies on conformance to ecolabel specifications.
• Assisting an electronics manufacturer in resolving alleged nonconformance with EPEAT criteria.
• Drafting comments on behalf of manufacturer and trade association clients regarding sustainable procurement rulemakings.
• Drafting proposed amendments to ecolabel criteria on behalf of Fortune 500 technology company to ensure that ecolabels do not stifle innovation or compromise product security.
• Assisting manufacturers in protecting confidential business information from disclosure in response to FOIA requests.