[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28494-28500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13256]



=======================================================================
-----------------------------------------------------------------------


DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 7, 10, 11, 15, 23, 36, 42, and 52
[FAC 90-27, FAR Case 92-54, Item II]
RIN 9000-AG40

Federal Acquisition Regulation; Environmentally Preferable 
Products
AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comment.

-----------------------------------------------------------------------

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 incorporate policies for 
the acquisition of environmentally preferable and energy-efficient 
products and services. This regulatory action was 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 92-54 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 92-54.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements the Resource Conservation and Recovery 
Act (RCRA) (42 U.S.C. 6901, et seq.); Executive Order 12873, Federal 
Acquisition, Recycling, and Waste Prevention (58 FR 54911, October 22, 
1993); and Office of Federal Procurement Policy (OFPP) Policy Letter 
92-4, Procurement of Environmentally-Sound and Energy-Efficient 
Products and Services (57 FR 53362, November 9, 1992).
    The 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. Definitions of 
``new'' and ``other than new'' are added at 10.001, in the clauses at 
52.210-5 and 52.210-7, and in the provision at 52.210-6. A new 
provision and clause are added 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. A new clause is added at 52.223-
10 requiring contractors operating Government-owned or leased 
facilities to establish cost-effective waste reduction programs.

B. Regulatory Flexibility Act

    This interim rule 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 et seq., because the rule 
establishes a preference for the acquisition of environmentally-sound 
and energy-efficient products and services and requires that contracts 
for certain items specify minimum percentages of recovered material 
content. An Initial Regulatory Flexibility Analysis (IRFA) has been 
prepared and will be provided to the Chief Counsel for Advocacy for the 
Small Business Administration. A copy of the IRFA may be obtained from 
the FAR Secretariat. Comments are invited. 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, se seq. (FAC 90-27, FAR Case 92-54), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply 
because the interim rule contains information collection requirements. 
Accordingly, a request for approval of a new information collection 
requirement concerning environmentally sound products was submitted to 
the Office of Management and Budget under 44 U.S.C. 3501, et seq. 
Public comments concerning this request were invited through a Federal 
Register notice published at 59 FR 60357, November 23, 1994.

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 Executive Order 12873 required implementation and incorporation 
of its policies into the FAR 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 7, 10, 11, 15, 23, 36, 42, and 52

    Government procurement.

    [[Page 28495]] Dated: May 24, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
    Therefore, 48 CFR parts 7, 10, 11, 15, 23, 36, 42, and 52 are 
amended as set forth below:
    1. The authority citation for 48 CFR part 7, 10, 11, 15, 23, 36, 
42, 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 7--ACQUISITION PLANNING

    2. Section 7.102 is revised to read as follows:


7.102  Policy.

    Agencies shall perform acquisition planning and conduct market 
surveys for all acquisitions. This planning shall integrate the efforts 
of all personnel responsible for significant aspects of the 
acquisition. The purpose of this planning is to ensure that the 
Government meets its needs in the most effective, economical, and 
timely manner.
    3. Section 7.103 is amended by redesignating paragraphs (a) through 
(l) as (b) through (m) and adding new paragraphs (a) and (n) to read as 
follows:


7.103  Agency-head responsibilities.

* * * * *
    (a) Promoting and providing for full and open competition (see part 
6) or, when full and open competition is not required in accordance 
with part 6, for obtaining competition to the maximum extent 
practicable, with due regard to the nature of the supplies and services 
to be acquired (41 U.S.C. 253a(a)(1)).
* * * * *
    (n) Ensuring that agency planners specify needs and develop plans, 
drawings, work statements, specifications, or other product 
descriptions promoting the use of environmentally preferable and 
energy-efficient products and services (e.g., promoting energy 
conservation and the use of recovered material content and the 
elimination or reduction of ozone-depleting substances usage), and that 
these are considered in the evaluation and award of contracts, as 
appropriate (see part 23).
    4. Section 7.105 is amended by revising paragraph (b)(15); and in 
paragraph (b)(17) by removing the words ``energy conservation 
measures''. The revised text reads as follows:


7.105  Contents of written acquisition plans.

* * * * *
    (b) * * *
    (15) Environmental and energy conservation objectives. Discuss all 
applicable environmental and energy conservation objectives associated 
with the acquisition (see part 23), the applicability of an 
environmental assessment or environmental impact statement (see 40 CFR 
part 1502), the proposed resolution of environmental issues, and any 
environmentally-related requirements to be included in solicitations 
and contracts.
* * * * *

PART 10--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS

    5. Section 10.001 is amended by adding, in alphabetical order, the 
following definitions:


10.001  Definitions.

* * * * *
    Material, as used in this part, includes, but is not limited to, 
raw material, parts, items, components, and end products.
    New, as used in this part, means previously unused or composed of 
previously unused materials and may include unused residual inventory 
or unused former Government surplus property.
    Other than new, as used in this part, includes, but is not limited 
to, recycled, recovered, remanufactured, used, and reconditioned.
* * * * *
    Reconditioned, as used in this part, means restored to an earlier 
normal operating condition by readjustments and replacement of parts.
    Remanufactured, as used in this part, means factory rebuilt to new 
equipment performance specification and unused subsequent to 
rebuilding.
* * * * *
    6. Section 10.002 is amended by redesignating paragraph (e) as (f) 
and adding a new (e) to read as follows:


10.002  Policy.

* * * * *
    (e) The Resource Conservation and Recovery Act of 1976 (42 U.S.C. 
6901, et seq.), as amended, and Executive Order 12873, dated October 
20, 1993, establish requirements for the procurement of products 
containing recovered materials, and environmentally preferable and 
energy-efficient products and services. Requiring activities shall 
prepare plans, drawings, specifications, standards (including voluntary 
standards), and purchase descriptions that consider the requirements 
set forth in part 23.
* * * * *
    7. Section 10.004 is amended in paragraph (a)(1) by adding a 
sentence at the end of the paragraph to read as follows:


10.004  Selecting specifications or descriptions for use.

    (a)(1) * * * Agencies should prepared product descriptions to 
achieve maximum practicable use of recovered material and other 
materials that are environmentally preferable (see subparts 23.4 and 
23.7).
* * * * *
    8. Section 10.010 is revised to read as follows:


10.010  Acquiring other than new material, former Government surplus 
property, and residual inventory.

    (a) Agencies shall allow offers of other than new material, former 
Government surplus property, or residual inventory unless it is 
determined that such materials are unacceptable. When only new material 
is acceptable, the solicitation shall clearly identify the material 
that must be new. Offerors providing other than new material shall be 
required to comply with the clause at 52.210-5, New Material, the 
provisions at 52.210-6, Listing of Other Than New Material, Residual 
Inventory, and Former Government Surplus Property, and the clause at 
52.210-7, Other Than New Material, Residual Inventory, and Former 
Government Surplus Property, as appropriate.
    (b) Agencies shall specify products, including packaging, that 
contain the highest practicable percentage of recovered and 
environmentally preferable materials, and where applicable, 
postconsumer material, consistent with performance requirements, 
availability, price reasonableness, and cost-effectiveness.
    (c) Contracting officers shall consider the following when 
determining whether other than new materials, former Government surplus 
property, or residual inventory are acceptable:
    (1) Safety of persons or property.
    (2) Specification and performance requirements.
    (3) Price reasonableness.
    (4) Total cost to the Government (including maintenance, 
inspection, testing, and useful life).
    (d) When a contract calls for material to be furnished at cost, the 
allowable charge for former Government surplus property shall not 
exceed the cost at which the contractor acquired the property.
    9. Section 10.011 is amended by revising paragraphs (f)(1) and 
(g)(1) to read as follows:


10.011  Solicitation provisions and contract clauses.

* * * * * [[Page 28496]] 
    (f)(1) The contracting officer shall insert the provision at 
52.210-6, Listing of Other Than New Material, Residual Inventory, and 
Former Government Surplus Property, in solicitations containing the 
clause at 52.210-5.
* * * * *
    (g)(1) The contracting officer shall insert the clause at 52.210-7, 
Other Than New Material, Residual Inventory, and Former Government 
Surplus Property, in contracts containing the clause at 52.210-5.
* * * * *

PART 11--ACQUISITION AND DISTRIBUTION OF COMMERCIAL PRODUCTS

    10. Section 11.004 is amended by revising paragraph (b); and by 
redesignating paragraphs (c)(2) through (c)(6) as (c)(4) through (c)(8) 
and adding new paragraphs (c)(2) and (c)(3) to read as follows:


11.004  Market research and analysis.

* * * * *
    (b) Requirements. Agencies shall conduct market research and 
analysis as needed to--
    (1) Ensure full and open competition;
    (2) Ensure maximum practicable use of recovered materials (see 
subpart 23.4);
    (3) Promote energy conservation and efficiency; and
    (4) Meet the Government's needs in a cost-effective manner.
    (c) * * *
    (2) The availability of the same or similar products that contain 
recovered materials.
    (3) The availability of the same or similar products that are 
energy-efficient.
* * * * *

PART 15--CONTRACTING BY NEGOTIATION

    11. Section 15.601 is amended by adding, in alphabetical order, the 
definition ``source reduction'' to read as follows:


15.601  Definition.

* * * * *
    Source reduction, as used in this subpart, means any practice which 
(a) reduces the amount of any hazardous substance, pollutant, or 
contaminant entering any waste stream or otherwise released into the 
environment prior to recycling, treatment, or disposal; and (b) reduces 
the hazards to public health and the environment associated with the 
release of such substances, pollutants, or contaminants.
* * * * *
    12. Section 15.605 is amended by adding paragraph (b)(1)(iv) to 
read as follows:


15.605  Evaluation factors.

* * * * *
    (b)(1) * * *
    (iv) Environmental objectives, such as promoting waste reduction, 
source reduction, energy efficiency, and maximum practicable recovered 
material content (see part 23), shall also be considered in every 
source selection, when appropriate.
* * * * *

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE

    13. Section 23.201 is revised to read as follows:
23.201  Authorities.

    (a) Energy Policy and Conservation Act (42 U.S.C. 6361(a)(1)) and 
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 
6901, et seq.).
    (b) National Energy Conservation Policy Act (42 U.S.C. 8253 and 
8262g).
    (c) Executive Order 11912, April 13, 1976.
    (d) Executive Order 12759, Sections 3, 9, and 10, April 17, 1991.
    (e) Executive Order 12902, March 8, 1994.
    14. Section 23.203 is revised to read as follows:


23.203  Policy.

    Agencies shall consider energy-efficiency in the procurement of 
products and services. Energy conservation and efficiency data shall be 
considered along with estimated cost and other relevant factors in the 
preparation of plans, drawings, specifications, and other product 
descriptions.
    15. Subpart 23.4 is revised to read as follows:

Subpart 23.4--Use of Recovered Materials

Sec.
23.400 Scope of subpart.
23.401 Authorities.
23.402 Definitions.
23.403 Policy.
23.404 Procedures.
23.405 Solicitation provisions and contract clause.

Subpart 23.4--Use of Recovered Materials


23.400  Scope of subpart.

    This subpart prescribes policies and procedures for acquisition of:
    (a) Environmental Protection Agency (EPA) designated items for 
which agencies must develop and implement affirmative procurement 
programs pursuant to 42 U.S.C. 6901, et seq., and E. O. 12873;
    (b) Agency designated items specifying recovered material; and
    (c) Other products when preference is given to offers of products 
containing recovered material.


23.401  Authorities.

    (a) The statutory basis for this program is the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended (Solid Waste 
Disposal Act, 42 U.S.C. 6901, et seq.). With limited exceptions, the 
statute requires agencies responsible for drafting or reviewing 
specifications to ensure that they:
    (1) Do not exclude the use of recovered materials,
    (2) Do not require the items to be manufactured from virgin 
materials, and
    (3) Do require, for EPA designated items, the use of recovered 
materials to the maximum extent practicable without jeopardizing the 
intended end use of the item. The statute further requires agencies to 
develop and implement affirmative procurement programs for EPA 
designated items within one year after EPA's designation.
    (b) The statute also requires the EPA to prepare guidelines on the 
availability, sources, and potential uses of recovered materials and 
associated items, including solid waste management services.
    (c) Executive Order 12873, dated October 20, 1993, requires that 
the Federal Government assume leadership in making more efficient use 
of natural resources through the acquisition of items made with 
recovered materials and work to increase and expand markets for 
recovered materials through greater Federal Government preference and 
demand for such items. Executive Order 12873 also provides direction 
for agency development and implementation of affirmative procurement 
programs.
23.402  Definitions.

    EPA designated item means an item that is or can be made with 
recovered materials and is listed by EPA in a procurement guideline (40 
CFR, chapter 1, subchapter I).
    Postconsumer material means a material or finished product that has 
served its intended use and has been discarded for disposal or 
recovery, having completed its life as a consumer item. Postconsumer 
material is a part of the broader category of ``recovered material.''
    Recovered material means waste materials and by-products which have 
[[Page 28497]] been recovered or diverted from solid waste including 
postconsumer material, but such term does not include those materials 
and by-products generated from, and commonly reused within, an original 
manufacturing process.


23.403  Policy.

    The Government's policy is to aquire, in a cost-effective manner, 
items composed of the highest percentage of recovered materials 
practicable consistent with maintaining a satisfactory level of 
competition without adversely affecting performance requirements or 
exposing suppliers' employees to undue hazards from the recovered 
materials.


23.404  Procedures.

    (a) Applicability. These procedures apply to all agency 
acquisitions where the agency requires minimum percentages of recovered 
materials. For EPA designated items, these procedures apply
    (1) When the price of the item exceeds $10,000 or
    (2) When the aggregate amount paid for items, or for functionally 
equivalent items, in the preceding fiscal year was $10,000 or more.
    (b) EPA designated items. (1) EPA has designated items that are or 
can be made with recovered materials in 40 CFR chapter 1, subchapter I.
    (2) For EPA designated items, agencies shall establish an 
affirmative procurement program. The responsibilities for preparation, 
implementation and monitoring of affirmative procurement programs shall 
be shared between technical or requirements personnel and procurement 
personnel. As a minimum, such programs shall include--
    (i) A recovered materials preference program;
    (ii) An agency promotion program;
    (iii) A program for requiring reasonable estimates, certification, 
and verification of recovered material used in the performance of 
contracts; and
    (iv) Annual review and monitoring of the effectiveness of the 
program.
    (3) Acquisition of EPA designated items which do not meet the EPA 
or agency minimum recovered material standards shall be approved by an 
official designated by the agency head based on a written determination 
that the items--
    (i) Are not available within a reasonable period of time;
    (ii) Are available only at unreasonable prices;
    (iii) Are not available from a sufficient number of sources to 
maintain a satisfactory level of competition; or
    (iv) Based on technical verification, fail to meet performance 
standards in the specifications. Technical or requirements personnel 
shall provide a written determination when this determination is used 
partially or totally as a basis for an exemption. This determination 
shall be made on the basis of National Institute of Standards and 
Technology guidelines in any case in which the material is covered by 
these guidelines.
    (4) Annual contractor certifications required by the clause at 
52.223-9 shall be consolidated and reported in accordance with agency 
procedures.
    (c) Agency designated items. Agency designated items specifying 
recovered material content shall be acquired pursuant to agency 
procedures.


23.405  Solicitation provisions and contract clause.

    (a) The contracting officer shall insert the provision at 52.223-4, 
Recovered Material Certification, in solicitations requiring the use of 
recovered materials.
    (b)(1) The contracting officer shall insert the provision at 
52.223-8, Estimate of Percentage of Recovered Material for Designated 
Items to be Used in the Performance of the Contract, in solicitations 
containing a requirement for an EPA designated item.
    (2) The contracting officer shall use Alternate I of the provision 
at 52.223-8 in solicitations that do not require EPA designated items, 
but do require agency designated items requiring recovered materials.
    (3) The contracting officer shall use Alternate II of the provision 
at 52.223-8 in solicitations containing a requirement for both EPA 
designated and agency designated items.
    (c) When the basic provision or Alternate II at 52.223-8 is used, 
the contracting officer shall also insert the clause at 52.223-9, 
Certification of Percentage of Recovered Material Content for EPA 
Designated Items Used in Performance of the Contract.
    16. Subpart 23.7 is added to read as follows:
Subpart 23.7--Contracting for Environmentally Preferable and Energy-
Efficient Products and Services
Sec.
23.701  Applicability.
23.702  Authorities.
23.703  Definitions.
23.704  Policy.
23.705  Application to Government-owned or leased facilities.
23.706  Contract clause.


23.701  Applicability.

    This subpart prescribes policies for obtaining environmentally 
preferable and energy-efficient products and services.


23.702  Authorities.

    (a) Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901, 
et seq.).
    (b) National Energy Conservation Policy Act (42 U.S.C. 8262g).
    (c) Pollution Prevention Act of 1990 (42 U.S.C. 13101, et seq.).
    (d) Executive Order 12873, October 20, 1993.
    (e) Executive Order 12856, August 3, 1993.
    (f) Executive Order 12902, March 8, 1994.


23.703  Definitions.

    Environmentally preferable means products or services that have a 
lesser negative effect on human health or the environment when compared 
with competing products or services that serve the same purpose. This 
comparison should use principles recommended in guidance issued by EPA 
(see Executive Order 12873, Section 503), and may consider raw 
materials acquisition, production, manufacturing, packaging, 
distribution, reuse, operation, maintenance, or disposal of the product 
or service.
    Recycling means the series of activities, including collection, 
separation, and processing, by which products or other materials are 
recovered from the solid waste stream for use in the form or raw 
materials in the manufacture of products other than fuel for producing 
heat or power by combustion.
    Waste prevention also known as ``source reduction'' means any 
change in the design, manufacturing, purchase, or use of materials or 
products (including packaging) to reduce their amount or toxicity 
before they become municipal solid waste. Waste prevention also refers 
to the reuse of products or materials.
    Waste reduction means preventing or decreasing the amount of waste 
being generated through waste prevention, recycling, or purchasing 
recycled and environmentally preferable products.
23.704  Policy.

    (a) Agencies shall implement cost-effective contracting preference 
programs favoring the acquisition of environmentally preferable and 
energy-efficient products and services.
    (b) The following environmental objectives shall be addressed 
through the acquisition process:
    (1) Obtaining products and services considered to be 
environmentally preferable (based on EPA-issued guidance) and energy-
efficient. [[Page 28498]] 
    (2) Eliminating or reducing the generation of hazardous waste and 
the need for special material processing (including special handling, 
storage, treatment, and disposal).
    (3) Promoting the use of nonhazardous and recovered materials.
    (4) Realizing life-cycle cost savings.
    (5) Promoting cost effective waste reduction when creating plans, 
drawings, specifications, standards, and other product descriptions 
authorizing material substitutions, extensions of shelf-life, and 
process improvements; and
    (6) Otherwise employing acquisition strategies that affirmatively 
implement the objectives in paragraph (b) of this section.


23.705  Application to Government-owned or leased facilities.

    Pursuant to Executive Order 12873, Section 701, every new contract 
for contractor operation of a Government-owned or leased facility shall 
require contractor programs to promote and implement cost-effective 
waste reduction in performing the contract. In addition, where 
economically feasible, existing contracts for contractor operation of 
Government-owned or leased facilities should be modified to provide for 
cost-effective waste reduction in contract performance.


23.706  Contract clause.

    The contracting officer shall insert the clause at 52.223-10, Waste 
Reduction Program, in all solicitations and contracts for contractor 
operation of Government-owned or leased facilities.

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    17. and 18. Section 36.601-3 is amended by redesignating paragraphs 
(a) through (c) as (b) through (d) and adding a new paragraph (a) to 
read as follows:


36.601-3 Applicable contracting procedures.

    (a) Prior to announcing a requirement for architect-engineering 
services for the design of a facility, the contracting officer shall 
ask the technical official responsible for the facility being designed 
to specifically identify any areas where recovered materials cannot be 
used in the facility construction. In those areas where recovered 
materials may be used, the architect-engineer shall specify use of the 
maximum practicable amount of recovered materials in the construction 
design specifications consistent with 10.010(b).
* * * * *
    19. Section 36.602-1 is amended by redesignating paragraph (a)(6) 
as (a)(7) and adding a new (a)(6) to read as follows:


36.602-1  Selection criteria.

    (a) * * *
    (6) Demonstrated success in prescribing the use of recovered 
materials and achieving waste reduction and energy efficiency in 
facility design.
* * * * *
    20. Section 36.602-3 is amended by revising paragraph (c) to read 
as follows:


36.602-3  Evaluation board functions.

* * * * *
    (c) Hold discussions with at least three of the most highly 
qualified firms regarding concepts, the relative utility of alternative 
methods, and feasible ways to prescribe the use of recovered materials 
and achieve waste reduction and energy-efficiency in facility design 
(see part 23).
* * * * *

PART 42--CONTRACT ADMINISTRATION

    21. Section 42.302 is amended by adding paragraph (a)(68) to read 
as follows:


42.302  Contract administration functions.

    (a) * * *
    (68) Monitor the contractor's compliance with the requirements of 
environmental laws including the Resource Conservation and Recovery Act 
(RCRA) (42 U.S.C. 6901, et seq.) and other environmental requirements 
as specified in the contract (see part 23). Responsibilities of the 
contracting officer shall include--
    (i) Verification of contractor compliance with specifications 
requiring the use of environmentally preferable and energy-efficient 
materials and the use of materials or delivery of end items with the 
specified recovered material content. This shall occur as part of the 
quality assurance procedures set forth in part 46.
    (ii) As required in the contract, ensuring that the contractor 
complies with the reporting requirements relating to recovered material 
content utilized in contract performance.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    22. Sections 52.210-5, 52.210-6, and 52.210-7 are revised to read 
as follows:


52.210-5  New Material.

    As prescribed in 10.011(e), insert the following clause:

NEW MATERIALS (MAY 1995)

    (a) Definitions.
    Material, as used in this clause, includes, but is not limited 
to, raw material, parts, items, components, and end products.
    New, as used in this clause, means previously unused or composed 
of previously unused materials and may include unused residual 
inventory or unused former Government surplus property.
    Other than new, as used in this clause, includes, but is not 
limited to, recycled, recovered, remanufactured, used, and 
reconditioned.
    (b) Unless this contract specifies otherwise, the Contractor 
represents that the supplies, including any residual inventory and 
former Government surplus property identified under the Other Than 
New Material, Residual Inventory, and Former Government Surplus 
Property clause of this contract, are new and are not of such age or 
so deteriorated as to impair their usefulness or safety.
    (c) If the Contractor believes that furnishing other than new 
material will be in the Government's interest, the Contractor shall 
so notify the Contracting Officer in writing and request authority 
to use such material. The Contractor's notice shall include the 
reasons for the request along with a proposal for any consideration 
due the Government if the Contracting Officer authorizes the use of 
other than new material.

(End of clause)


52.210-6  Listing of Other Than New Material, Residual Inventory, and 
Former Government Surplus Property.

    As prescribed in 10.011(f), insert the following provision:

LISTING OF OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND FORMER 
GOVERNMENT SURPLUS PROPERTY (MAY 1995)

    (a) Definitions.
    Material, as used in this provision, includes, but is not 
limited to, raw material, parts, items, components, and end 
products.
    New, as used in this provision, means previously unused or 
composed of previously unused materials and may include unused 
residual inventory or unused former Government surplus property.
    Other than new, as used in this provision, includes, but is not 
limited to, recycled, recovered, remanufactured, used, and 
reconditioned.
    (b) If the offeror proposes to furnish other than new material, 
residual inventory resulting from terminated Government contracts, 
or former Government surplus property, the offeror shall provide the 
following information as an attachment to the offer:
    (1) A complete description of the materials.
    (2) Quantity.
    (3) Name of Government agency from which acquired.
    (4) Date of acquisition, if applicable.
    No other than new material, residual inventory or former 
Government surplus property other than that listed on the attachment 
shall be furnished under the [[Page 28499]] resulting contract 
unless authorized in writing by the Contracting Officer.
    (c) All material to be furnished under the resultant contract 
must comply with the terms and specifications contained in the 
contract.

(End of provision)
52.210-7  Other Than New Material, Residual Inventory, and Former 
Government Surplus Property.

    As prescribed in 10.011(g), insert the following clause:

OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND FORMER GOVERNMENT 
SURPLUS PROPERTY (MAY 1995)

    (a) Definitions.
    Material, as used in this clause, includes, but is not limited 
to, raw material, parts, items, components, and end products.
    New, as used in this clause, means previously unused or composed 
of previously unused materials and may include unused residual 
inventory or unused former Government surplus property.
    Other than new, as used in this clause, includes, but is not 
limited to, recycled, recovered, remanufactured, used, and 
reconditioned.
    (b) The Contractor shall not furnish any other than new 
material, residual inventory resulting from terminated Government 
contracts, or former Government surplus property, unless such 
materials were listed in the applicable attachment to the offer and 
approved by the Contracting Officer or unless otherwise authorized 
in writing by the Contracting Officer.
    (c) All materials furnished under this contract shall comply 
with the terms and specifications contained in the contract.

(End of clause)

    23. Section 52.223-4 is revised to read as follows:


52.223-4  Recovered Material Certification.

    As prescribed in 23.405(a), insert the following provision:

RECOVERED MATERIAL CERTIFICATION (MAY 1995)

    The offeror certifies, by signing this offer, that recovered 
materials, as defined in FAR 23.402, will be used as required by the 
applicable purchase descriptions.

(End of provision)

    24. Sections 52.223-8 through 52.223-10 are added to read as 
follows:


52.223-8  Estimate of Percentage of Recovered Material for Designated 
Items To be Used in the Performance of the Contract.

    As prescribed in 23.405(b)(1), insert the following provision:

ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL FOR DESIGNATED ITEMS TO BE 
USED IN THE PERFORMANCE OF THE CONTRACT (MAY 1995)

    (a) By signing this offer, the offeror estimates that the total 
percentage(s) of recovered material for EPA Designated Items (see 40 
CFR, Chapter 1, Subchapter I) to be used in the products and 
services to be provided under the terms and specifications set forth 
in this solicitation shall be as follows:

------------------------------------------------------------------------
                                      Estimated percentage of recovered 
               Item                              material-*             
------------------------------------------------------------------------
__________________                  __________________                  
__________________                  __________________                  
------------------------------------------------------------------------
* In addition, for paper products, include the percentage of            
  postconsumer material.                                                


    (b) Prospective offerors are cautioned that the Government will 
conclude that the percentage(s) of recovered materials to be used in 
products and services to be provided under any resulting contract 
shall be ``0%'' if the estimate(s) requested in this solicitation 
provision are left blank.
    (c) Prospective offerors are further cautioned that estimated 
percentage(s) of recovered materials to be used in products and 
services to be provided under any resulting contract that are less 
than the requirements set forth in this solicitation may render a 
prospective offeror's offer nonresponsive.

(End of provision)
    Alternate I (MAY 1955). As prescribed in 23.405(b)(2), used the 
basic provision and replace the words ``EPA Designated Items'' with 
``Agency Designated Items'' in paragraph (a) of the basic provision.
    Alternate II (MAY 1995). As prescribed in 23.405(b)(3), 
substitute the following paragraph (a) for paragraph (a) of the 
basic provision:
    (a) By signing this offer, the offeror--
    (1) Estimates that the total percentage(s) of recovered material 
for EPA Designated Items to be used in the products and services to 
be provided under the terms and specifications set forth in this 
solicitation shall be as follows:

------------------------------------------------------------------------
                                      Estimated percentage of recovered 
               Item                               material*             
------------------------------------------------------------------------
__________________                  __________________                  
__________________                  __________________                  
------------------------------------------------------------------------
*In addition, for paper products, include the percentage of postconsumer
  material.                                                             


    (2) Estimates that the total percentage(s) of recovered material 
for Agency Designated Items to be used in the products and services 
to be provided under the terms and specifications set forth in this 
solicitation shall be as follows:

------------------------------------------------------------------------
                          Percentage of recoverd                        
          Item               material content     Total dollar amount of
                                utilized*              of item used     
------------------------------------------------------------------------
__________               __________               $__________           
__________               __________               $__________           
__________               __________               $__________           
------------------------------------------------------------------------
*In addition, for paper products, include the percentage of postconsumer
  material content utilized.                                            

52.223-9  Certification of Percentage of Recovered Material Content for 
EPA Designated Items Used in Performance of the Contract.

    As prescribed in 23.405(c), insert the following clause:

CERTIFICATION OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA 
DESIGNATED ITEMS USED IN PERFORMANCE OF THE CONTRACT (MAY 1995)

    (a) As required under Section 6962 of the Solid Waste Disposal 
Act, an officer or employee of the Contractor shall execute the 
following certification annually as required in paragraph (b) of 
this clause:

CERTIFICATION

    I, ____________ (name of certifier), am an officer or employee 
responsible for the performance of this contract and hereby certify 
that the following minimum recovered material content for EPA 
Designated Items was actually used in the performance of this 
contract during the preceding Government fiscal year (October 1-
September 30, ______ ):

------------------------------------------------------------------------
                         Percentage of recovered                        
         Item               material content      Total dollar amount of
                                utilized*                item used      
------------------------------------------------------------------------
__________              __________                $__________           
__________              __________                $__________           
__________              __________                $__________           
------------------------------------------------------------------------
*In addition, for paper products, include the percentage of postconsumer
  material content utilized.                                            

----------------------------------------------------------------------
Signature of the Officer or Employee
----------------------------------------------------------------------
Typed Name of the Officer or Employee
----------------------------------------------------------------------
Title
----------------------------------------------------------------------
Name of Company, Firm, or Organization
----------------------------------------------------------------------
Date

(End of certification)

    (b) The Contractor shall submit this certification annually to 
________ * ________ by November 1, for the previous Government 
fiscal year (October 1 through September 30).

    *To be completed in accordance with agency procedures.

(End of clause)

52.223-10  Waste Reduction Program.

    As prescribed in 23.706, insert the following clause:

WASTE REDUCTION PROGRAM (MAY 1995)

    (a) Definition. Waste reduction, as used in this clause, means 
preventing or decreasing the amount of waste being generated through 
waste prevention, recycling, or purchasing recycled and 
environmentally preferable products.
    (b) Consistent with the requirements of Section 701 of Executive 
Order 12873, the Contractor shall establish a program to promote 
cost-effective waste reduction in all [[Page 28500]] operations and 
facilities covered by this contract. Any such program shall comply 
with applicable Federal, state, and local requirements.

(End of clause)
[FR Doc. 95-13256 Filed 5-30-95; 8:45 am]
BILLING CODE 6820-EPD-M