[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28492-28493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13254]



      

[[Page 28491]]

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Part VIII

Department of Defense

General Services Administration

National Aeronautics and Space Administration

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48 CFR Chapter I, et al.



Federal Acquisition Regulation (FAR): Summary Presentation, et al.; 
Final Rules

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[[Page 28492]] 


DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1

Federal Acquisition Circular 90-27; Introduction
agencies: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).
action: Summary presentation of final and interim rules with request 
for comment.
summary: This document summarizes the FAR rules which follow it in the 
order listed below. The Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council are issuing Federal Acquisition 
Circular (FAC) 90-27 to amend the Federal Acquisition Regulation (FAR).
dates: For effective dates and comment dates, see separate documents 
which follow. Please cite FAC 90-27 and the appropriate FAR case 
number(s) in all correspondence related to the following documents.
for further information contact: The analyst whose name appears (in the 
table above) in relation to each FAR case or subject area. For general 
information, contact the FAR Secretariat, Room 4037, GS building, 
Washington, DC 20405, (202) 501-4755. Please cite FAC 90-27 and 
specific FAR case number(s).
supplementary information: Federal Acquisition Circular 90-27 amends 
the Federal Acquisition Regulation (FAR) as specified below:

------------------------------------------------------------------------
         Item and subject            FAR Case            Analyst        
------------------------------------------------------------------------
I: Double-Sided Copying (Interim)        92-50  DeStefano.              
II: Environmentally Preferable           92-54  DeStefano.              
 Products (Interim).                                                    
III: Ozone Executive Order              93-307  DeStefano.              
 (Interim).                                                             
IV: Addition of Three European          95-601  McAndrew.               
 Community Countries.                                                   
V: Trade Sanctions-Germany.......         94-5  O'Such.                 
VI: Interdivisional Transfers             94-9  Olson.                  
 (Interim).                                                             
------------------------------------------------------------------------

Item I--Double-Sided Copying (FAR Case 92-50)

    This interim rule amends FAR Part 4 and a new contract clause, 
Printing/Copying Double-Sided on Recycled Paper, is added at 52.204-4 
to encourage contractors to maximize the use of double-sided copying on 
recycled paper when submitting written documents related to an 
acquisition.

Item II--Environmentally Preferable Products (FAR Case 92-54)

    This interim rule amends FAR Parts 7, 10, 11, 15, 23, 36, 42, and 
52 to clearly reflect the Government's preference for the acquisition 
of environmentally-sound and energy-efficient products and services and 
to establish an affirmative procurement program favoring items 
containing the maximum practicable content of recovered materials. 
Changes include addition of: (1) Definitions of ``new'' and ``other 
than new'' at 10.001, in the clauses at 52.210-5 and 52.210-7, and in 
the provision at 52.210-6; (2) a new section at 23.4040(b) requiring 
that acquisitions of certain items meet the Environmental Protection 
Agency's minimum standards for recovered material content, unless 
approval is granted by an official designated by the agency head; (3) a 
new provision and clause at 52.223-8 and 52.223-9 requiring offerors 
and contractors to provide information regarding the percentage of 
recovered materials in certain items proposed for use and actually used 
in contract performance; and (4) a new clause at 52.223-10 requiring 
contractors operating Government-owned or leased facilities to 
establish cost-effective waste reduction programs.
Item III--Ozone Executive Order (FAR Case 93-307)

    This interim rule implements Executive Order 12843, Procurement 
Requirements and Policies for Federal Agencies for Ozone-Depleting 
Substances, and Environmental Protection Agency Clean Air Act Title VI 
regulations, Protection of Stratospheric Ozone (40 CFR Part 82). A new 
subpart is added at FAR 23.8 to provide policy for the acquisition of 
items which contain, use, or are manufactured with ozone-depleting 
substances. Two new clauses are added: 52.223-11, Ozone--Depleting 
Substances, and 52.223-12, Refrigeration Equipment and Air 
Conditioners. The clause at 52.223-11 requires contractors to label 
products which contain or are manufactured with class I or class II 
ozone-depleting substances. The clause at 52.223-12 requires 
contractors to comply with Sections 608 and 609 of the Clean Air Act 
(42 U.S.C. 7671g and 7671h) as each or both apply to the contract. 42 
U.S.C. 7671g addresses a national recycling and emission reduction 
program, and 42 U.S.C. 7671h addresses servicing of motor vehicle air 
conditioners.

Item IV--Addition of Three European Community Countries (FAR Case 
95-601)

    This final rule adds three countries, Austria, Finland and Sweden, 
to the definition of ``EC Country'' in section 25.401 and in the 
clauses at 52.225-15 and 52.225-17, and adds the definition of 
``sanctioned member state of the EC'' in section 25.1001 and in the 
clauses at 52.225-18 and 52.225-19 of the FAR. These countries joined 
the EC on January 1, 1995.
Item V--Trade Sanctions--Germany
    This final rule amends the definition of ``sanctioned member state 
of the European Community'' to remove the ``Federal Republic of 
Germany'' from FAR 25.1001 and the clauses at 52.225-18 and 52.225-19. 
These revisions are based on the Office of the United States Trade 
Representative's determination, which was published in the Federal 
Register at 59 FR 11360, March 10, 1994.
Item VI--Interdivisional Transfers (FAR Case 94-9)
    This interim rule amends the cost principle criteria for the cost 
of interdivisional transfers to permit interdivisional transfers at 
price rather than cost under criteria that more closely approximate 
those applied to subcontracts eligible for exemption or waiver of cost 
or pricing data.

    Dated: May 24, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
Federal Acquisition Circular
Number 90-27

    Federal Acquisition Circular (FAC) 90-27 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) [[Page 28493]] and other directive material contained in FAC 90-
27 are effective May 31, 1995.

    Dated: May 2, 1995.
Ida M. Ustad,
Associate Administrator for Acquisition Policy, General Services 
Administration.
Eleanor R. Spector,
Director, Defense Procurement Department of Defense.
    Dated: April 24, 1995.
Tom Luedtke,
Deputy Associate Administrator for Procurement, NASA.
[FR Doc. 95-13254 Filed 5-30-95; 8:45 am]
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