[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28493-28494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13255]



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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4 and 52

[FAC 90-27, FAR Case 92-50, Item I]
RIN 9000-AG41


Federal Acquisition Regulation; Double-Sided Copying

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comment.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to an interim rule amending 
the Federal Acquisition Regulation (FAR) to encourage contractors to 
maximize the use of double-sided copying on recycled paper when 
submitting documents related to an acquisition. This regulatory action 
was not subject to Office of Management and Budget review under 
Executive Order 12866, dated September 30, 1993.

DATES: Effective Date: May 31, 1995.
    Comment Date: Comments should be submitted to the FAR Secretariat 
at the address shown below on or before July 31, 1995 to be considered 
in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW, Room 4035, Attn: Ms Beverly Fayson, Washington, DC 20405.
    Please cite FAC 90-27, FAR case 92-50 in all correspondence related 
to this case.

FOR FURTHER INFORMATION CONTACT:
Mr. Ralph DeStefano at (202) 501-1758 in reference to this FAR case. 
For general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC 20405 (202) 501-4755. Please cite FAC 90-27, 
FAR case 92-50.

SUPPLEMENTARY INFORMATION:

A. Background

    Executive Order 12873, Federal Acquisition, Recycling, and Waste 
Prevention, dated October 20, 1993 (58 FR 54911), encourages the use of 
double-sided copying on recycled paper for documents printed within the 
Government and under Government contracts.

B. Regulatory Flexibility Act

    This interim rule is not expected to 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, et seq., because the 
requirements under the rule are best efforts requirements. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. 
Comments from small entities concerning the affected FAR subpart will 
be considered in accordance with 5 U.S.C. 610. Such comments must be 
submitted separately and cite 5 U.S.C. 601, et seq. (FAC 90-27, FAR 
Case 92-50), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501, et seq.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DOD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that compelling reasons exist to promulgate this interim rule 
without prior opportunity for public comment. This action is necessary 
because the rule implements Executive Order 12873, which required FAR 
revisions by April 18, 1994. However, pursuant to Public Law 98-577 and 
FAR 1.501, public comments received in response to this interim rule 
will be considered in the formation of the final rule.

List of Subjects in 48 CFR Parts 4 and 52

    Government procurement.

    Dated: May 24, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
    Therefore, 48 CFR Parts 4 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 4 and 52 continues to 
read as follows:

    Authority:  40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 4--ADMINISTRATIVE MATTERS

    2. Section 4.000 is revised to read as follows:


4.000  Scope of part.

    This part prescribes policies and procedures relating to the 
administrative aspects of contract execution, contractor-submitted 
paper documents, distribution, reporting, retention, and files.
    3. Subpart 4.3 is added to read as follows:

Subpart 4.3--Paper Documents

Sec.
4.300  Scope of subpart.
4.301  Authority.
4.302  Definition.
4.303  Policy.
4.304  Contract clause.

Subpart 4.3--Paper Documents


4.300  Scope of subpart.

    This subpart provides policies and procedures on contractor-
submitted paper documents.


4.301  Authority.

    The authority for this subpart is established in Executive Order 
12873, Sections 402(d) and 504, October 20, 1993.


4.302  Definition.

    Printing/copying double-sided, as used in this subpart, means 
printing or reproducing a document so that information is on both sides 
of a sheet of paper.


4.303  Policy.

    It is the policy of the Government that a contractor submitting 
paper documents to the Government relating to an acquisition should, if 
possible, submit those documents printed/copied double-sided on 
recycled paper. If the contractor can only print/copy double-sided or 
use recycled paper, the contractor should accomplish whichever one the 
contractor has the ability to achieve. [[Page 28494]] 


4.304  Contract clause.

    The contracting officer shall insert the clause at 52.204-4, 
Printing/Copying Double-Sided on Recycled Paper, in solicitations and 
contracts.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 52.204 is added to read as follows:


52.204-4  Printing/Copying Double-Sided on Recycled Paper.

    As prescribed in 4.304, insert the following clause:

PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER  (MAY 1995)

    (a) In accordance with Executive Order 12873, dated October 20, 
1993, the Offeror/Contractor is encouraged to submit paper 
documents, such as offers, letters, or reports, that are printed/
copied double-sided on recycled paper that has at least 20% 
postconsumer material.
    (b) The 20% standard applies to high-speed copier paper, offset 
paper, forms bond, computer printout paper, and carbonless paper. A 
higher standard of 50% recovered material, with 20% postconsumer 
material, applies to other uncoated printing and writing papers such 
as writing and office paper, book paper, cotton fiber paper, and 
cover stock. An alternative standard for either of the standards 
specified in this clause is 50% recovered material content of 
certain industrial by-products.

(End of clause)

[FR Doc. 95-13255 Filed 5-30-95; 8:45am]
BILLING CODE 6820-EPD-M