[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1453]


[[Page Unknown]]

[Federal Register: January 26, 1994]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 538 and 552

[APD 2800.12A, CHGE51]

 

General Services Administration Acquisition Regulation; 
Contractor Identification of Products With Environmental Attributes

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Interim rule with request for comments.

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SUMMARY: The General Services Administration Acquisition Regulation 
(GSAR) is revised to further policies expressed in various statutes and 
executive orders that are intended to promote technological innovation 
and the development of products that reduce energy consumption, 
conserve natural resources, and are less harmful to consumers and the 
environment. Established executive branch policy requires Federal 
agencies to adopt policies that encourage industries to develop such 
products and to maximize their use. This change to the GSAR prescribes 
a clause for inclusion in multiple award schedules that encourages 
offerors to identify those products that they market commercially with 
environmentally beneficial claims.

DATES: Effective Date: January 28, 1994.
    Comment Date: Comments on the interim rule should be submitted to 
the address below on or before March 28, 1994 to be considered in the 
formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to Ms. 
Marjorie Ashby, General Services Administration, Office of GSA 
Acquisition Policy, 18th and F Sts., NW., Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Paul Linfield, Office of GSA 
Acquisition Policy (202) 501-1224.

SUPPLEMENTARY INFORMATION:

A. Background

    Various statutes, including the Energy Policy and Conservation Act, 
as amended (42 U.S.C. 6201 et seq.), the Energy Policy Act of 1992 
(Pub. L. 102-486), the Clean Air Act Amendments of 1990 (Pub. L. 101-
549), and the Resource Conservation and Recovery Act of 1976, as 
amended (42 U.S.C. 6901 et seq.), require Federal agencies to consider 
energy-efficiency and other environmental considerations in their 
procurement practices. These requirements are reinforced in a number of 
executive orders, including Executive Orders 11912, 12759, 12843, 12845 
and 12873. As a major procuring agency, the GSA, through its multiple 
awards schedule programs, provides encouragement to suppliers to 
produce products with environmental attributes and can assist Federal 
agencies in meeting their responsibilities expressed in the various 
statutes and executive orders through the identification of those 
products.

B. Executive Order 12866

    This rule was reviewed by the Office of Management and Budget (OMB) 
in accordance with Executive Order 12866, Regulatory Planning and 
Review.

C. Regulatory Flexibility Act

    Under multiple award schedules, contractors currently are required 
to submit certain marketing information with their offers and to 
publish and distribute to ordering agencies commercial catalogs and/or 
pricelists. This rule requests the voluntary identification of certain 
information currently submitted by contractors.

D. Paperwork Reduction Act

    This regulation contains information collection and/or 
recordkeeping requirements that have been approved by OMB under section 
3504(h) of the Paperwork Reduction Act and assigned OMB Control No. 
3090-0250, Zero Burden Information Collection (expires 11/30/95). GSA 
believes that the time and financial resources necessary for members of 
the public to comply with the requirements of this rule are limited to 
those that are ordinarily incurred in the normal course of business 
activities. Specifically, contractors normally prepare catalogs and 
pricelists that are furnished to prospective buyers as a means of 
marketing and advertising the contractor's products.
    Comments on the information collection requirement in this rule may 
be directed to the Office of Information and Regulatory Affairs of OMB. 
Attention: Desk Officer for GSA, Washington, DC 20503, and to Ms. 
Marjorie Ashby, Office of GSA Acquisition Policy, room 4006, 18th and F 
Sts., NW., Washington, DC 20405.

E. Determination To Issue an Interim Rule

    A determination has been made under the authority of the 
Administrator of General Services (GSA) to issue the regulation as an 
interim rule. Compelling reasons require the promulgation of this rule 
before affording the public an opportunity to comment in order to meet 
certain implementation dates established in Executive Order 12843 and 
12845, dated April 21, 1993. Pursuant to Public Law 98-577 and FAR 
1.501, public comments received in response to this interim rule will 
be considered in formulating the final rule.

List of Subjects in 48 CFR Parts 538 and 552

    Government procurement.

    Therefore, 48 CFR parts 538 and 552 are amended to read as follows:
    1. The authority citation for 48 CFR parts 538 and 552 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c).

PART 538--GSA SCHEDULE CONTRACTING

    2. Section 538.203-71 is amended by adding paragraph (d) to read as 
follows:


538.203-71  Contract clauses.

* * * * *
    (d) The contracting officer shall insert the clause at 552.238-75, 
Identification of Energy-Efficient Office Equipment and Supplies 
Containing Recovered Materials or Other Environmental Attributes, in 
solicitations and contracts awarded under the multiple award schedule 
program unless the contracting officer concludes that the solicitation 
does not include items that are marketed commercially and have 
environmentally beneficial features.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 552.238-75 is added to read as follows:


552.238-75  Identification of Energy-Efficient Office Equipment and 
Supplies Containing Recovered Materials or Other Environmental 
Attributes.

    As prescribed in 538.203-71(d), insert the following clause:

Identification of Energy-Efficient Office Equipment and Supplies 
Containing Recovered Materials or Other Environmental Attributes (Jan. 
1994)

    (a) Definitions. Energy-efficient office equipment, as used in 
this clause, means office equipment that provide equivalent or 
better performance and value to users, but uses significantly less 
energy than competing models.
    Recovered materials, as used in this clause, means waste 
material and by-products which have been recovered or diverted from 
solid waste, but such term does not include those materials and by-
products generated from, and commonly reused, within an original 
manufacturing process (42 U.S.C. 6903(19)).
    (b) The offeror is encouraged to identify in its offer and 
include in any commercial catalogs and pricelists submitted to the 
Contracting Officer, energy-efficient office equipment and supplies 
that contain recovered material or other environmental attributes. 
An example of energy-efficient office equipment is microcomputers 
and associated equipment identified by the Environmental Protection 
Agency's (EPA's) Energy Star Logo. Supplies that contain recovered 
materials and other environmental attributes include products 
identified in EPA procurement guidelines (40 CFR Parts 248 through 
253) and products that are either degradable, ozone safe, 
recyclable, contain low volatile organic content compounds, or 
contribute to source reduction. Such supplies shall satisfy the 
guidance contained in 16 CFR Part 260, Guides for the Use of 
Environmental Marketing Claims.
    (c) An offeror, in identifying an item with an environmental 
attribute, shall possess evidence or rely upon a reasonable basis to 
substantiate the claim (see 16 CFR 260.5). The Government will 
accept an offeror's claim of an item's environmental attribute on 
the basis of--
    (1) Participation in a Federal agency sponsored program, e.g., 
EPA's Energy Star Computer program;
    (2) Verification by an independent organization that specializes 
in certifying such claims; or
    (3) Possession of competent and reliable evidence. For any test, 
analysis, research, study or other evidence to be ``competent and 
reliable,'' it must have been conducted and evaluated in an 
objective manner by persons qualified to do so, using procedures 
generally accepted in the profession to yield accurate and reliable 
results.

(End of Clause)

    Dated: November 15, 1993.
Richard H. Hopf, III,
Associate Administrator, Office of Acquisition Policy.
[FR Doc. 94-1453 Filed 1-25-94; 8:45 am]
BILLING CODE 6820-61-M