Sustainable Operations 
Frequently Asked Questions
Energy FAQ
A fridge that is used by employees in a break room dies or is really energy inefficient. It needs to be replaced and employees want to do the right thing and get an energy efficient one but the employee association or employees can’t afford it. Per the purchasing regulations we can’t spend agency money on the employee fridge.  However, the agency is paying the energy bill, so if a more efficient fridge was purchased the agency would reap the benefits.  Is there a way, in any of the purchasing regulations that could help us do the right thing and buy an energy efficient fridge?
The Comptroller General in Decision B-302993 determined the following:
USPACOM may use appropriated funds to purchase refrigerators, microwaves, and commercial coffee makers for central kitchen areas in its new headquarters building. Appropriations are available to pay for items such as these, ordinarily considered personal in nature, when the primary benefit of their use accrues to the agency, notwithstanding a collateral benefit to the individual. USPACOM has demonstrated that equipping its new headquarters building with these appliances is reasonably related to efficient performance of agency activities and provides other benefits, including, importantly, the assurance of a safe workplace.
 Since this decision represents a departure from prior relevant GAO case law, earlier decisions such as B-276601, June 26, 1997, B-210433, Apr. 15, 1983, and 47Comp. Gen. 657 (1968) are modified to conform with the views expressed herein. 
Many agencies have since issued policies growing from this decision. The Forest Service initiated one but it has not yet gotten beyond the draft state. 
Follow the WO’s proposed language in making decisions on such purchases. It is as follows:
DRAFT FSM 6511.14a - Coffee Breaks and Lunchroom Refreshments and Appliances
Purchase of soft drinks, alcoholic beverages, coffee makers, cups, refrigerators, and other lunchroom appliances are in the nature of entertainment and generally for the personal convenience of individual employees. Unless specifically provided by law, entertainment expenses are not “necessary expenses” for an appropriation and may not be paid.
However, should the local Line Officer [the Forest Supervisor for Forest determinations] administratively determine, and the regional Budget Officer (or equivalent) concur, that equipping the workplace with appliances such as a refrigerator, microwave oven, or toaster is reasonably related to the efficient performance of agency activities, and not just for the personal convenience of individual employees, it may use appropriated funds to purchase such appliances for the workplace. The local Line Officer’s determination, and the regional Budget Officer’s (or equivalent) concurrence, shall include the following criteria: the relative isolation of the government facility, the distance between the government facility and the local commercial eating establishments, and the government facility’s working hours of 7-days per week, 24-hours per day in which employee absences to obtain food would disrupt the flow of work. The purchase of the lunchroom appliances would be a “necessary expense” of the appropriation if the agency administratively determines that having them in the workplace is reasonably related to the efficient performance of agency activities, and not just for the personal convenience of individual employees (Comp. Gen. B-276601, June 26, 1997). The lunchroom appliances shall be located in a common area, accessible to all employees.
Also recommended, consistent with the Energy Policy Act of 2005, any kitchen appliances purchased with appropriated funds must be ENERGY STAR® qualified products, even if the appliance purchase price is more expensive for the ENERGY STAR® model. (ENERGY STAR® qualified appliances incorporate advanced technologies that use 10 – 50 percent less energy and water than standard models, and are therefore less expensive to operate and maintain. For further information on ENERGY STAR® products, access the website at: www.energystar.gov.