Proposed Rule2025-13614
Federal Acquisition Regulation: Ending Procurement and Forced Use of Paper Straws
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Published
July 21, 2025
Issuing agencies
Management and Budget OfficeFederal Procurement Policy OfficeDefense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
OFPP, DoD, GSA, and NASA, collectively referred to as the Federal Acquisition Regulatory Council (FAR Council), are proposing to amend the Federal Acquisition Regulation (FAR) to ensure agencies procure straws with the strength and durability of plastic in accordance with the National Strategy to End the Use of Paper Straws.
Full Text
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<title>Federal Register, Volume 90 Issue 137 (Monday, July 21, 2025)</title>
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[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Proposed Rules]
[Pages 34208-34211]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13614]
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 11, 12, and 52
[FAR Case 2025-006, Docket No. FAR-2025-0006, Sequence No. 1]
RIN 9000-AO79
Federal Acquisition Regulation: Ending Procurement and Forced Use
of Paper Straws
AGENCY: Office of Federal Procurement Policy (OFPP), Office of
Management and Budget; Department of Defense (DoD); General Services
Administration (GSA); and National Aeronautics and Space Administration
(NASA).
ACTION: Proposed rule.
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SUMMARY: OFPP, DoD, GSA, and NASA, collectively referred to as the
Federal Acquisition Regulatory Council (FAR Council), are proposing to
amend the Federal Acquisition Regulation (FAR) to ensure agencies
procure straws with the strength and durability of plastic in
accordance with the National Strategy to End the Use of Paper Straws.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
September 19, 2025, to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FAR Case 2025-006 to the
Federal eRulemaking portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for ``FAR Case 2025-006''. Select the link ``Comment Now'' that
corresponds with ``FAR Case 2025-006''. Follow the instructions
provided on the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FAR Case 2025-006'' on your attached
document. If your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FAR Case 2025-
006'' in all correspondence related to this case. Comments received
generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal and/or business confidential information
provided. Public comments may be submitted as an individual, as an
organization, or anonymously (see frequently asked questions at <a href="https://www.regulations.gov/faq">https://www.regulations.gov/faq</a>). To confirm receipt of your comment(s),
please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three
days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
FAR Policy at 202-969-4075 or by email at <a href="/cdn-cgi/l/email-protection#e2a4a3b0b28d8e8b819ba2859183cc858d94"><span class="__cf_email__" data-cfemail="96d0d7c4c6f9fafff5efd6f1e5f7b8f1f9e0">[email protected]</span></a>. For
information pertaining to status, publication schedules, or alternate
instructions for submitting comments if <a href="https://www.regulations.gov">https://www.regulations.gov</a>
cannot be used, contact the Regulatory Secretariat Division at 202-501-
4755 or <a href="/cdn-cgi/l/email-protection#64233725360103370107240317054a030b12"><span class="__cf_email__" data-cfemail="4e091d0f1c2b291d2b2d0e293d2f60292138">[email protected]</span></a>. Please cite ``FAR Case 2025-006.''
SUPPLEMENTARY INFORMATION:
I. Background
On February 10, 2025, the President issued Executive Order (E.O.)
14208, Ending Procurement and Forced Use of Paper Straws. Section 2(c)
of the E.O. directed the Assistant to the President for Domestic
Policy, in coordination with relevant agencies, to issue a National
Strategy to End the Use of Paper Straws (``National Strategy'') that
addresses contract policies that ban or penalize plastic straw purchase
or use. The National Strategy, issued in March 2025, stated that the
FAR Council should amend the FAR to ensure that no Federal agency
procures paper straws, consistent with the policy in E.O. 14208. As
part of these efforts, the FAR should be updated to include a
performance requirement that beverage straws procured and used under
Federal contracts have the strength and durability of plastic straws
and a provision that requires all Government contractors to represent
that they do not use paper straws or penalize the use of plastic
straws. The FAR Council is proposing to revise the FAR to align with
the National Strategy.
II. Discussion and Analysis
The FAR Council is proposing the following amendments to the FAR to
implement the National Strategy:
A. Minimum Performance Requirements
The proposed rule, if finalized, would amend FAR subpart 11.3,
Acceptable Material, to add a minimum Government performance
requirement for straws to be procured by agencies or provided for use
in agency facilities under Government contracts. The new policy to be
added at FAR 11.301(c)(3) would require such straws to have the
strength and durability of plastic straws.
B. Representation
This proposed rule, if finalized, would also create a new
solicitation provision at FAR 52.211-XX, Ending Procurement and Forced
Use of Paper Straws, to be included in solicitations for the
acquisition of straws or when the resultant contract may require the
contractor to provide straws for use at a Federal facility. The new
provision requires the offeror to represent that it does not have
policies promoting the use of paper straws or penalizing the use of
plastic straws, that it will not provide paper straws in performance of
the contract, and that any straws provided by the offeror in
performance of this contract will have the strength and durability of
plastic straws. This provision is proposed to be included in the list
of provisions that are applicable to the acquisition of commercial
products and commercial services.
C. Justification
FAR subpart 23.1, Sustainable Products and Services, provides
procedures to ensure agencies procure sustainable products and services
to the maximum extent practicable, pursuant to certain statutory
purchasing preference programs. One such program is the U.S. Department
of Agriculture (USDA) BioPreferred Program. It is a statutory
purchasing preference program that establishes minimum biobased content
standards for certain products, to include paper straws. Established
under the Farm Security and Rural Investment Act of 2002 and
implemented through FAR subpart 23.1, the BioPreferred Program promotes
the
[[Page 34209]]
procurement and use of biobased products across the Federal Government
and includes paper straws among its designated product categories.
Under this program, agencies are generally required to give procurement
preference to designated biobased products unless the item is not
reasonably available, fails to meet performance standards, or is not
cost effective. Per FAR 23.103(a)(1), procuring sustainable products
and services is considered practicable unless the sustainable product
or service does not meet reasonable performance requirements. When it
is not practicable, the contracting officer must obtain a written
justification from the requiring activity and include it in the
contract file (see FAR 23.104(a)). This proposed rule adds language at
FAR 11.301(c)(3) to make clear that paper straws do not meet the
Government's reasonable performance requirement, which serves as the
written justification required by FAR 23.104(a).
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items) or for Commercial Services
This rule proposes to add a new solicitation provision at FAR
52.211-XX, Ending Procurement and Forced Use of Paper Straws. The
provision would be prescribed at FAR 11.302(b) for use in solicitations
for the acquisition of straws or when the resultant contract may
require the contractor to provide straws for use at a Federal facility.
The provision would be applicable to acquisitions at or below the SAT,
acquisitions for commercial products (including COTS items), and
acquisitions of commercial services. It is necessary to apply this
solicitation provision to these categories of acquisitions, since
straws are a COTS item and are most frequently provided in contracts
for commercial services and contracts valued at or below the SAT.
IV. Expected Impact of the Rule
The data, findings, and conclusions in this section are directly
drawn from the March 2025 ``National Strategy To End The Use of Paper
Straws,'' and the supporting analysis in E.O. 14208. The rule is
expected to result in a net benefit. The reduced costs, superior
performance, and decreased health and safety risks associated with use
of plastic straws or biobased straws with the strength and durability
of plastic significantly outweigh any de minimis compliance costs or
any potential transitory costs of moving away from ineffective paper
straws. The facts of the case are clear and simple: paper straws cost
more, are ineffective, carry increased health and safety risks, and
unduly burden individuals with disabilities. The Domestic Policy
Council (DPC) reached similar conclusions in their report to the
President entitled ``National Strategy To End The Use of Paper Straws''
(March 2025). Paper straws have been forced into cafeterias at
contractor and Federal Government facilities, veteran's health
facilities, and military installations. Our Nation's veterans, military
and their families, Government and contractor employees, and citizens
or tourists visiting Government facilities deserve better than to be
subjected to these costly, ineffective and hazardous paper straws.
Concession contracts, such as those at the National Parks, are usually
not issued using the FAR, so they are not covered by this rule.
The aggregated number of straws purchased directly or during
performance of Government contracts at the locations noted above is not
available to extrapolate overall saving and benefits. However, analysis
of the individual metrics of cost, functionality and utility, health
and safety, and equal protection all demonstrate the superior benefits
of plastic straws or biobased straws with the strength and durability
of plastic. In addition, the ideological policies of previous
Administrations that sought to ban plastic straws in favor of forcing
the use of paper straws wherever possible has had a chilling effect on
those who would have otherwise preferred to apply commonsense and use
plastic straws.
Cost. Market research shows that paper straws are offered for
purchase at significantly higher prices than plastic straws and at
incrementally higher prices than an American-made biobased alternative
with the strength and durability of plastic. These price variances are
present in various sizes, types, and quantities. For example, open-
source commercial offerings for 7.75-inch drinking straws indicate
market pricing of paper straws at a cost of three to six cents per
straw while plastic straws are offered for less than a penny per straw.
There is even an American-made biobased straw available with the
strength and durability of plastic available for less than three cents
per straw.
Functionality and utility. As noted by DPC, research supports the
common-sense notion that paper straws fail to adequately perform their
sole function. For example, researchers at North Carolina State
University studied paper straws that are commonly found on the market
and demonstrated that after less than 30 minutes of exposure to liquid,
paper straws experienced a 70 to 90 percent reduction in compressive
strength (Gutierrez et al., 2019). As a result, use of paper straws
does not achieve the expected level of satisfaction or happiness
(utility) an individual should receive from consuming their beverage.
Safety risks. As also highlighted by DPC paper straws lose their
functionality and structural integrity, they can disintegrate creating
a choking hazard particularly for young children. The Netherlands and
Finland have both issued official warnings about the dangers of paper
straws. The Netherlands Food and Consumer Product Safety Authority
(NVWA) found 400 people who reported that their child or someone with
special needs choked on part of a paper straw that disintegrated during
use. In 15 percent of these cases, the person choking on the paper
straw required intervention to dislodge the paper straw and restore
normal breathing. The NVWA determined that the risk posed by paper
straws is severe enough to warrant a formal caution, and it advised
parents and caregivers to be careful when young children and people
with disabilities use paper straws. In its analysis, the NVWA noted
that paper straws are dangerous choking hazards because they ``become
weak and disintegrate'' during the course of normal use (McLaren-
Kennedy, 2022).
Health risks. Not only are paper straws ineffective and pose safety
risk, they also carry increased health risks. Paper straws have been
linked to alarmingly higher rates of harmful perfluoroalkylated and
polyfluoroalkylated substances (PFAS) which are widely acknowledged as
harmful to humans and can lead to major health problems including liver
damage, thyroid disease, obesity, fertility complications and even
cancer. A team of scientists at the University of Antwerp in Belgium
studied 39 different brands of straws and found higher PFAS chemicals
in 90 percent (18/20) of the paper straws tested.
Unduly burden individuals with disabilities. The banning of plastic
straws has also disproportionally impacted the disabled community. As
proclaimed by the Center for Disability Rights on its website ``Our
needs matter'', plastic straws are ``a tool disabled people rely on,
rather than a frivolous, planet-killing item that can be easily done
away with.''
De minimis compliance costs. The proposed rule requires a simple
representation by the offeror that it does
[[Page 34210]]
not have policies promoting the use of paper straws or penalizing the
use of plastic straws, that it will not provide paper straws in
performance of the contract, and that any straws provided by the
offeror in performance of this contract will have the strength and
durability of plastic straws. The proposed rule also clearly
establishes performance requirements related to drinking straws, and
any offeror bidding on effected solicitation would be expected to meet
those performance requirements.
Potential transitory costs. Transitioning away from use of paper
straws may result in short-term, transitory costs. However, as noted
above, the price of plastic straws is significantly lower than paper,
so these costs are expected to be recouped in the near term. Potential
transitory costs may be experienced by contractors that supply straws
to the Federal Government, either through direct order or during
performance of a contract (e.g., cafeterias, snack stands, other food
services), if they have excess inventory that can no longer be used.
These contractors will assess their inventories and, if necessary,
identify alternative acceptable products, revise supplier agreements to
purchase compliant straws, and manage any excess inventory that no
longer meets the Government's minimum performance requirements (e.g.,
sell to other customers, donate, write-off). While there may be an
initial cost to replace current inventories of paper straws to comply
with this rule, these contractors should see significant savings over
time since the cost of plastic straws is significantly less than the
cost of paper straws. The Government will likely achieve similar
savings when procuring straws directly.
V. Executive Orders 12866, 13563, and 14192
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, is subject to
review under Section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
This rule is subject to E.O. 14192, Unleashing Prosperity Through
Deregulation. This rule is anticipated to be deregulatory under E.O.
14192. See discussion in the ``Expected Impact of the Rule'' section of
this preamble.
VI. Regulatory Flexibility Act
The proposed rule, if finalized, may have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act 5 U.S.C. 601-612. The Initial Regulatory
Flexibility Analysis (IRFA) is as follows:
1. Reasons for the action.
In accordance with Executive Order (E.O.) 14208, Ending the
Procurement and Forced Use of Paper Straws, the Assistant to the
President for Domestic Policy has issued a National Strategy to End
the Use of Paper Straws. The National Strategy, issued in March
2025, states that OFPP, in coordination with the Federal Acquisition
Regulatory Council, should amend the FAR to ensure that no Federal
agency procures paper straws, consistent with the policy in E.O.
14208.
2. Objectives of, and legal basis for, the rule.
In accordance with the National Strategy, the objective of this
rule is to propose amendments to the FAR to: (1) establish minimum
performance requirements for straws to be procured by agencies or to
be provided for use in agency facilities during performance of a
contract, (2) make clear that paper straws do not meet the
Government's performance requirements, and (3) require certain
offerors to represent that they will not provide paper straws in
performance of the contract and that any straws provided under the
contract will have the strength and durability of plastic.
Promulgation of the FAR is authorized by 41 U.S.C. 1121(b); 40
U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
3. Description of and an estimate of the number of small
entities to which the rule will apply.
This rule would apply to small manufacturers of straws and small
businesses who sell straws to the Government or provide straws for
use in Federal facilities under Government contracts. The potential
industries impacted by this rule and applicable business size
standards are identified in the following table by North American
Industry Classification System (NAICS) code:
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NAICS Industry Size standard
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326199..................... All other plastics 750 employees.
product manufacturing.
322299..................... All other converted 500 employees.
paper product
manufacturing.
423840..................... Industrial supplies 125 employees.
merchant wholesalers.
423990..................... Other miscellaneous 100 employees.
durable goods merchant
wholesalers.
722310..................... Food service $47.0 million.
contractors.
722320..................... Caterers............... $9.0 million.
722511..................... Full-service $11.5 million.
restaurants.
722513..................... Limited-service $13.5 million.
restaurants.
722514..................... Cafeterias, grill $34.0 million.
buffets, and buffets.
722515..................... Snack and nonalcoholic $22.5 million.
beverage bars.
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According to data available in the Federal Procurement Data
System for fiscal years 2022 through 2024, on average, the
Government awards 33,862 contracts and delivery orders to 1,853
contractors in these NAICS codes, of which 32,700 were awarded to
1,284 small businesses.
4. Description of projected reporting, recordkeeping, and other
compliance requirements of the rule.
This rule would require small entities that sell straws to the
Federal Government or provide straws for use in Federal facilities
during performance of a contract to ensure that they are not
providing paper straws and that the straws provided have the
strength and durability of plastic. Solicitations for such
acquisitions will require the offeror to represent by submission of
their offer that they will comply with this requirement.
5. Relevant Federal rules which may duplicate, overlap, or
conflict with the rule.
FAR subpart 23.1, Sustainable Products and Services, provides
procedures to ensure agencies to procure sustainable products and
services to the maximum extent practicable, pursuant to certain
statutory purchasing preference programs. Per FAR 23.103(a)(1),
procuring sustainable products and services is considered
practicable unless the sustainable product or service does not meet
reasonable performance requirements. When this occurs, a written
justification to procure other than the sustainable product or
services is required to be included in the contract file (see FAR
23.104(a)). The USDA BioPreferred Program is a statutory purchasing
preference program that establishes minimum biobased content
standards for certain products, to include paper straws. The
proposed language at FAR 11.301(c)(3) serves as the written
justification required by FAR 23.104(a) and
[[Page 34211]]
makes clear that paper straws do not meet the Government's
reasonable performance requirements.
6. Description of any significant alternatives to the rule which
accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the rule on small
entities.
There are no significant alternatives that would minimize the
impact of the rule on small entities.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. The FAR Council invites comments from small
business concerns and other interested parties on the expected impact
of this proposed rule on small entities.
The FAR Council will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2025-006),
in correspondence.
VII. Paperwork Reduction Act
This rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. 3501-3521).
List of Subjects in 48 CFR Parts 11, 12, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, OFPP, DoD, GSA, and NASA propose amending 48 CFR parts
11, 12, and 52 as set forth below:
PART 11--DESCRIBING AGENCY NEEDS
0
1. The authority citation for 48 CFR part 11 is revised to read as
follows:
Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C.
chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C.
3016); and 51 U.S.C. 20113.
0
2. Amend section 11.301 by adding paragraph (c)(3) to read as follows:
11.301 Policy.
* * * * *
(c)(1) * * *
(2) * * *
(3) Straws procured by agencies or provided for use in agency
facilities during performance of a contract must have the strength and
durability of plastic straws. This section serves as a Governmentwide
justification pursuant to 23.104(a) that paper straws identified in the
USDA BioPreferred Program do not meet the Government's reasonable
performance requirements for straws.
0
3. Revise section 11.302 to read as follows:
11.302 Solicitation provision and contract clause.
(a) Insert the clause at 52.211-5, Material Requirements, in
solicitations and contracts for supplies that are not commercial
products.
(b) Insert the provision at 52.211-XX, Ending Procurement and
Forced Use of Paper Straws, in solicitations for the acquisition of
straws or when the resultant contract may require the contractor to
provide straws for use at a Federal facility.
PART 12--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
0
4. The authority citation for 48 CFR part 12 is revised to read as
follows:
Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C.
chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C.
3016); and 51 U.S.C. 20113.
0
5. Amend section 12.301 by redesignating paragraphs (d)(10) through
(14) as paragraphs (d)(11) through (15) and adding a new paragraph
(d)(10) to read as follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(d) * * *
(10) 52.211-XX, Ending Procurement and Forced Use of Paper Straws,
in solicitations as prescribed in 11.302(b).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C.
chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C.
3016); and 51 U.S.C. 20113.
52.211-5 [Amended]
0
7. Amend section 52.211-5 by removing from the introductory text
``11.302'' and adding ``11.302(a)'' in its place.
0
8. Add section 52.211-XX to read as follows:
52.211-XX Ending Procurement and Forced Use of Paper Straws.
As prescribed in 11.302(b), insert the following provision:
Ending Procurement and Forced Use of Paper Straws (DATE)
(a) Requirement. Straws procured by agencies or provided for use
in agency facilities during performance of a contract must have the
strength and durability of plastic straws.
(b) Representation. By submission of its offer, the Offeror
represents that--
(1) It does not have policies promoting the use of paper straws
or penalizing the use of plastic straws;
(2) It will not provide paper straws in performance of this
contract; and
(3) Any straws provided by the Offeror in performance of this
contract will have the strength and durability of plastic straws.
(End of provision)
[FR Doc. 2025-13614 Filed 7-18-25; 8:45 am]
BILLING CODE 6820-EP-P
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