[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Proposed Rules]
[Pages 51656-51661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24685]
[[Page 51655]]
_______________________________________________________________________
Part III
Department of Defense
_______________________________________________________________________
General Services Administration
_______________________________________________________________________
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Parts 2 and 4, et al.
Federal Acquisition Regulation; Requirements Supporting Procurement of
Recycled Products and Environmentally Preferable Services; Proposed
Rule
Federal Register / Vol. 64, No. 184 / Thursday, September 23, 1999 /
Proposed Rules
[[Page 51656]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 7, 11, 13, 23, and 52
[FAR Case 98-015]
RIN 9000-AI49
Federal Acquisition Regulation; Requirements Supporting
Procurement of Recycled Products and Environmentally Preferable
Services
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement Executive Order
(E.O.) 13101 dated September 14, 1998, Greening the Government through
Waste Prevention, Recycling, and Federal Acquisition. The amendments
also would reorganize and revise existing FAR text. FAR changes to
implement E.O. 13123 dated June 3, 1999, Greening the Government
through Efficient Energy Management, are the subject of a separate FAR
case.
DATES: Interested parties should submit comments to the FAR Secretariat
at the address shown below on or before November 22, 1999 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVRS), 1800 F Street,
NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405. Address e-
mail comments submitted via the Internet to: [email protected].
Please submit comments only and cite FAR case 98-015 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAR case 98-015.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends the FAR to implement E.O. 13101. The
proposed rule amends FAR Subpart 2.1 to add definitions of terms used
in the FAR to implement environmental policies. In most cases, these
terms previously were defined in FAR Part 23, Environment,
Conservation, Occupational Safety, and Drug-Free Workplace. These terms
are used in other FAR parts. The relocation of these definitions to
Subpart 2.1 should make them easier to find and is intended to
facilitate understanding the FAR when the terms are used in these other
FAR parts. Other amendments include--
1. Reorganizing and revising Subpart 4.3;
2. Revising Subpart 7.1 to emphasize requirements in the E.O. that
agency requirements for printing and writing paper must meet minimum
content standards specified in section 505 of E.O. 13101;
3. Removing the definition of ``recovered material'' from Part 11,
since it is the same as the definition relocated to Subpart 2.1 and
making editorial changes;
4. Revising Subpart 11.3 to add definitions and special
requirements that the E.O. and Environmental Protection Agency (EPA)
use to implement policies concerning minimum content standards for
agency purchases of printing and writing paper; and
5. Clarifying the application to purchases at or below the micro-
purchase threshold ($2,500) of statutory requirements for buying
products containing recovered material.
Furthermore, the proposed rule rewrites Subparts 23.4 and 23.7.
While this rewrite does not change fundamental environmental policies,
the intent is to describe the policies and procedures in a more easily
understood manner, substitute reference to E.O. 13101 and remove
reference to the revoked E.O. 12873, and define ``biobased product,'' a
term defined in E.O. 13101. The proposed rule also contains a new
reference to an electronic address that provides Internet access to EPA
policy and requirements for acquiring products containing recovered
material. Finally, the rule revises the prescriptions for using clauses
prescribed in Subparts 4.3, 23.4, and 23.7 and the text of the clauses
implementing statutory requirements of the Resource Conservation
Recovery Act and requirements in E.O. 13101.
This rule was not subject to Office of Management and Budget review
under Section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
B. Regulatory Flexibility Act
This proposed 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
amends two clauses and their applicability to small business concerns.
Small business concerns must certify minimum recovered materials
content for EPA-designated products when the percentage can be
verified. In addition, the rule will require small business concerns
that are awarded contracts for support services at Government-owned or
-operated facilities to comply with requirements of E.O. 13101 and
develop programs promoting and implementing cost-effective waste
reduction and affirmative procurement programs for EPA-designated
products. Therefore, the Councils performed an Initial Regulatory
Flexibility Analysis (IRFA), and it is summarized as follows:
The objective of this rule is to expand markets for products
that contain recovered material and to improve the Government's use
of products containing recovered material or environmentally
preferable products and services. The Resource Conservation Recovery
Act (RCRA) defines a ``procuring agency'' as ``any Federal agency,
or any State agency or agency of a political subdivision of a State
which is using appropriated Federal funds for such procurement, or
any person contracting with any such agency with respect to work
performed under such contract.'' RCRA applies to both large and
small businesses. RCRA's requirements for Federal procurement apply
to all purchases of an EPA-designated product after the Federal
agency purchases more than $10,000 of the product or functionally
equivalent products in a fiscal year. However, certain statutory
reporting requirements only apply to acquisitions exceeding
$100,000.
The proposed revision to FAR 52.223-9 removes the requirement
that a contractor provide at contract completion a certification of
minimum recovered material content actually utilized in contract
performance, except when the contracting officer believes the
percentage can be verified. We estimate that this reduced reporting
requirement will affect approximately 35,000 small entities that
perform contracts that utilize recovered materials.
Section 701 of E.O. 13101 requires that agency contracts for
contractor operation of a Government-owned or -leased facility and
contracts for support services at a Government-owned or -leased
facility include provisions obligating the contractor to comply with
requirements of the order. Compliance includes developing programs
to promote and implement cost-effective waste reduction and
affirmative procurement
[[Page 51657]]
programs required by RCRA. In fiscal year 1998, we estimate that
Federal agencies awarded approximately 1,000 contracts to small
entities for support services that would be covered by the
requirements in section 701 of E.O. 13101.
The FAR Secretariat has submitted a copy of the IRFA to the Chief
Counsel for Advocacy of the Small Business Administration. Interested
parties may obtain a copy from the FAR Secretariat. The Councils invite
comments from small businesses and other interested parties. The
Councils will consider comments from small entities concerning the
affected FAR subparts in accordance with 5 U.S.C. 610. Interested
parties must submit such comments and should cite 5 U.S.C. 601, et seq.
(FAR Case 98-015), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies because the
proposed changes to the FAR reduce information collection requirements
that have been approved by the Office of Management and Budget (OMB)
under OMB Control Number 9000-0134. The annual reporting burden for OMB
Control Number 9000-0134 is estimated to apply to 64,350 respondents
and the preparation time is estimated at .5 hours per response for a
total burden hour of 32,175 hours. We estimate that removal of the
certification requirement will affect more than one-half of the
respondents and reduce preparation time for those respondents by one-
third.
Annual Reporting Burden: We estimate the revised total burden hours
as follows:
Respondents: 64,350;
Responses per respondent: 1;
Total annual responses: 64,350;
Preparation hours per response: 25 minutes;
Total response burden hours: 26,800.
D. Request for Comments Regarding Paperwork Burden
We invite interested parties to comment on the information
collection requirements set forth above. Please send comments to:
Office of Information and Regulatory Affairs, Office of Management and
Budget, Attn: Mr. Peter N. Weiss, FAR Desk Officer, New Executive
Office Building, Room 10102, 725 17th Street, NW, Washington, DC 20503.
Also send a copy of any comments to the FAR Secretariat at the
address shown under ADDRESSES. Please cite the OMB Clearance Number
9000-0134 in all correspondence related to the estimate.
List of Subjects in 48 CFR Parts 2, 4, 7, 11, 13, 23, and 52
Government procurement.
Dated: September 17, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR parts 2, 4, 7,
11, 13, 23, and 52 be amended as set forth below:
1. The authority citation for 48 CFR parts 2, 4, 7, 11, 13, 23, 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 2--DEFINITIONS OF WORDS AND TERMS
2. Amend section 2.101 by adding, in alphabetical order, the
definitions ``Energy-efficient product'', ``Environmentally
preferable'', ``Pollution prevention'', ``Recovered material'',
``Virgin material'', and ``Waste reduction'' to read as follows:
2.101 Definitions.
* * * * *
Energy-efficient product means a product in the upper 25 percent of
efficiency for all similar products or if there are applicable Federal
appliance or equipment efficiency standards, a product that is at least
10 percent more efficient than the minimum Federal standard.
Environmentally preferable means products or services that have a
lesser or reduced negative effect on human health and the environment
when compared with competing products or services that serve the same
purpose. This comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal of the product or service.
* * * * *
Pollution prevention means any practice that
(1) Reduces the amount of any hazardous substance, pollutant, or
contaminant entering any waste stream or otherwise released into the
environment (including fugitive emissions) prior to recycling,
treatment, or disposal, and reduces the hazards to public health and
the environment associated with the release of such substances,
pollutants, and contaminants;
(2) Reduces or eliminates the creation of pollutants through
increased efficiency in the use of raw materials, energy, water, or
other resources; or
(3) Protects natural resources by conservation.
* * * * *
Recovered material means waste materials and by-products recovered
or diverted from solid waste, but the term does not include those
materials and by-products generated from, and commonly reused within,
an original manufacturing process. For use in subpart 11.3 for paper
and paper products, see the definition at 11.301.
* * * * *
Virgin material means previously unused raw material, including
previously unused copper, aluminum, lead, zinc, iron, other metal or
metal ore, or any undeveloped resource that is, or with new technology
will become, a source of raw materials.
Waste reduction means preventing or decreasing the amount of waste
being generated through waste prevention, recycling, or purchasing
recycled and environmentally preferable products.
PART 4--ADMINISTRATIVE MATTERS
3. Amend Subpart 4.3 by removing section 4.301 and redesignating
sections 4.302 through 4.304 as sections 4.301 through 4.303,
respectively; and by revising the newly designated sections to read as
follows:
Subpart 4.3--Paper Documents
* * * * *
4.301 Definition.
Printed or copied 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.
4.302 Policy.
It is the policy of the Government that, when electronic commerce
methods (see 4.502) are not being used, a contractor should submit
paper documents to the Government relating to an acquisition printed or
copied double-sided on recycled paper whenever practicable. If the
contractor cannot print or copy double-sided, it should print or copy
single-sided on recycled paper.
4.303 Contract clause.
Insert the clause at 52.204-4, Printed or Copied Double-Sided on
Recycled Paper, in solicitations and contracts that exceed the
simplified acquisition threshold.
PART 7--ACQUISITION PLANNING
4. Amend section 7.103 by revising paragraph (n) to read as
follows:
[[Page 51658]]
7.103 Agency-head responsibilities.
* * * * *
(n) Ensuring that agency planners--
(1) Specify needs for printing and writing paper consistent with
the minimum content standards specified in section 505 of Executive
Order 13101 of September 14, 1998, Greening the Government through
Waste Prevention, Recycling, and Federal Acquisition (see 11.303); and
(2) Comply with the policy in 11.002(d) regarding procurement of
products containing recovered materials and environmentally preferable
and energy-efficient products and services.
* * * * *
PART 11--DESCRIBING AGENCY NEEDS
11.001 [Amended]
5. Amend section 11.001 by removing the definitions ``Recovered
material'' and ``Virgin material.''
6. Amend section 11.002 by revising paragraph (d) to read as
follows:
11.002 Policy.
* * * * *
(d) The Resource Conservation and Recovery Act of 1976 (42 U.S.C.
6901, et seq.), Executive Order 12902 of March 8, 1994, Energy
Efficiency and Water Conservation at Federal Facilities, and Executive
Order 13101 of September 14, 1998, Greening the Government through
Waste Prevention, Recycling, and Federal Acquisition, establish
requirements for the procurement of products containing recovered
materials, and environmentally preferable and energy-efficient products
and services. Executive agencies must consider use of recovered
materials, environmentally preferable purchasing criteria developed by
the EPA, and environmental objectives (see 23.704(b)) when--
(1) Developing, reviewing, or revising Federal and military
specifications, product descriptions including commercial item
descriptions) and standards;
(2) Describing Government requirements for supplies and services;
and
(3) Developing source selection factors.
* * * * *
7. Revise Subpart 11.3 to read as follows:
Subpart 11.3--Acceptable Material
Sec.
11.301 Definitions.
11.302 Policy.
11.303 Special requirements for printing and writing paper.
11.304 Contract clause.
11.301 Definitions.
As used in this subpart--
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.''
For paper and paper products, postconsumer material means
``postconsumer fiber'' defined by the U.S. Environmental Protection
Agency (EPA) as--
(1) Paper, paperboard, and fibrous materials from retail stores,
office buildings, homes, and so forth, after they have passed through
their end-usage as a consumer item, including: used corrugated boxes;
old newspapers; old magazines; mixed waste paper; tabulating cards; and
used cordage;
(2) All paper, paperboard, and fibrous materials that enter and are
collected from municipal solid waste; and
(3) Postconsumer fiber does not include fiber derived from
printers' over-runs, converters' scrap, and over-issue publications.
Recovered material for paper and paper products, is defined by EPA
in its Comprehensive Procurement Guideline as ``recovered fiber'' and
means the following materials:
(1) Postconsumer fiber.
(2) Manufacturing wastes such as--
(i) Dry paper and paperboard waste generated after completion of
the papermaking process (that is, those manufacturing operations up to
and including the cutting and trimming of the paper machine reel into
smaller rolls or rough sheets) including: envelope cuttings, bindery
trimmings, and other paper and paperboard waste resulting from
printing, cutting, forming, and other converting operations; bag, box,
and carton manufacturing wastes; and butt rolls, mill wrappers, and
rejected unused stock; and
(ii) Repulped finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers, merchants,
wholesalers, dealers, printers, converters, or others.
11.302 Policy.
(a) Agencies must not require virgin material or supplies composed
of or manufactured using virgin material unless compelled by law or
regulation or unless virgin material is vital for safety or meeting
performance requirements of the contract.
(b) Except when acquiring commercial items, agencies must require
offerors to identify used, reconditioned, or remanufactured supplies,
or unused former Government surplus property, proposed for use under
the contract. These supplies or property may not be used in contract
performance unless authorized by the contracting officer.
(c) The contracting officer may require offerors to--
(1) Provide information on used, reconditioned, or remanufactured
supplies, or unused former Government surplus property, proposed for
use under the contract; or
(2) Meet minimum recovered material standards stated in the
solicitation. Information requested on recovered material standards
specified in a solicitation, to the maximum practicable extent, must be
limited to information or standards consistent with normal commercial
practices.
11.303 Special requirements for printing and writing paper.
(a) Section 505 of Executive Order 13101, Greening the Government
through Waste Prevention, Recycling, and Federal Acquisition,
establishes minimum recovered material content standards for agency
purchases of printing and writing paper. Section 505 requires that 100
percent of an agency's purchases of printing and writing paper must
meet or exceed one of the minimum content standards specified in
paragraph (b) of this section.
(b) For high-speed copier paper, offset paper, forms bond, computer
printout paper, carbonless paper, file folders, white wove envelopes,
writing and office paper, book paper, cotton fiber paper, and cover
stock, the minimum content standard must be no less than 30 percent
postconsumer materials. If paper containing 30 percent postconsumer
material is not reasonably available, does not meet reasonable
performance requirements, or is only available at an unreasonable
price, then the agency must purchase paper containing no less than 20
percent postconsumer material.
11.304 Contract clause.
Insert the clause at 52.211-5, Material Requirements, in
solicitations and contracts for supplies that are not commercial items.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
8. Amend section 13.006 by revising paragraph (g) to read as
follows:
13.006 Inapplicable provisions and clauses.
* * * * *
[[Page 51659]]
(g) 52.223-9, Estimate of Percentage of Recovered Material Content
for EPA-Designated Products.
9. Amend section 13.201 by adding paragraph (f) to read as follows:
13.201 General.
* * * * *
(f) The procurement requirements in the Resource Conservation
Recovery Act (42 U.S.C. 6962) and Executive Order 13101 of September
14, 1998, Greening the Government through Waste Prevention, Recycling,
and Federal Acquisition, apply to purchases at or below the micro-
purchase threshold (see subpart 23.4).
PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
10. Revise section 23.400 to read as follows:
23.400 Scope of subpart.
This subpart prescribes policies and procedures for acquiring
Environmental Protection Agency (EPA)-designated products through
affirmative procurement programs required by the Resource Conservation
and Recovery Act of 1976 (RCRA) (42 U.S.C. 6962) and Executive Order
13101 of September 14, 1998, Greening the Government through Waste
Prevention, Recycling, and Federal Acquisition.
23.401 [23.402 revised]
11. Revise 23.402 to read as follows:
23.402 Authorities.
(a) The Resource Conservation and Recovery Act of 1976 (RCRA), 42
U.S.C. 6962, requires agencies responsible for drafting or reviewing
specifications used in agency acquisitions to--
(1) Eliminate from those specifications any requirement excluding
the use of recovered materials or requiring products to be manufactured
from virgin materials; and
(2) Require, for EPA-designated products, using recovered materials
to the maximum extent practicable without jeopardizing the intended end
use of the item.
(b) RCRA also requires--
(1) EPA to prepare guidelines on the availability, sources, and
potential uses of recovered materials and associated products,
including solid waste management services; and
(2) Agencies to develop and implement affirmative procurement
programs for EPA-designated products within one year after EPA's
designation.
(c) Executive Order 13101 requires that the agency head--
(1) Work to increase and expand markets for recovered materials
through greater Government preference and demand for such products
consistent with the demands of efficiency and cost-effectiveness; and
(2) Develop and implement affirmative procurement programs in
accordance with direction in RCRA and the Executive Order.
23.402 [23.401 revised]
12. Revise 23.401 to read as follows:
23.401 Definition.
EPA-designated product, as used in this subpart, means a product--
(1) That is or can be made with recovered material;
(2) That is listed by EPA in a procurement guideline (40 CFR part
247); and
(3) For which EPA has provided purchasing recommendations in a
related Recovered Materials Advisory Notice (RMAN).
13. Revise section 23.403 to read as follows:
23.403 Policy.
Government policy on the use of recovered materials considers cost,
availability of competition, and performance. The objective is to
acquire competitively, in a cost-effective manner, products that meet
performance requirements and that are composed of the highest
percentage of recovered materials practicable.
14. Redesignate sections 23.404 and 23.405 as 23.405 and 23.406,
respectively, revise them, and add a new section 23.404 to read as
follows:
23.404 Agency Affirmative Procurement Programs.
(a) For EPA-designated products, an agency must establish an
affirmative procurement program, if the agency's purchases meet the
threshold in 23.405(a). Technical or requirements personnel and
procurement personnel are responsible for the preparation,
implementation, and monitoring of affirmative procurement programs.
Agency affirmative procurement programs must include--
(1) A recovered materials preference program;
(2) An agency promotion program;
(3) A program for requiring reasonable estimates, certification,
and verification of recovered material used in the performance of
contracts; and
(4) Annual review and monitoring of the effectiveness of the
program.
(b) Agency affirmative procurement programs must require that 100
percent of purchases of EPA-designated products contain recovered
material, unless the item cannot be acquired--
(1) Competitively within a reasonable time frame;
(2) Meeting appropriate performance standards; or
(3) At a reasonable price.
(c) Agency affirmative procurement programs must provide guidance
for purchases of EPA-designated products at or below the micro-purchase
threshold.
23.405 Procedures.
(a) These procedures apply to all agency acquisitions of EPA-
designated products, including micro-purchases, if--
(1) The price of the product exceeds $10,000; or
(2) The aggregate amount paid for products, or for functionally
equivalent products, in the preceding fiscal year was $10,000 or more.
RCRA requires that an agency include micro-purchases in determining if
the aggregate amount paid was $10,000 or more. However, it is not
recommended that an agency track micro-purchases unless it intends to
claim an exemption from the requirement to establish an affirmative
procurement program in the following fiscal year.
(b) Contracting officers should refer to EPA's list of EPA-
designated products (available via the Internet at http://www.epa.gov/
cpg/) and to their agencies' affirmative procurement program when
purchasing supplies that contain recovered material or services that
could include incidental supplies that contain recovered material.
(c) The contracting officer must place in the contract file a
written justification if an acquisition of EPA-designated products
above the micro-purchase threshold does not contain recovered material.
If the agency has designated an Environmental Executive, the
contracting officer must give a copy of the written justification to
that official. The contracting officer must base the justification on
the inability to acquire the product--
(1) Competitively within a reasonable period of time;
(2) At reasonable prices; or
(3) To reasonable performance standards in the specifications,
provided written determination by technical or requirements personnel
is included with the justification. The contracting officer must base
the justification on National Institute of Standards and Technology
guidelines, if available.
(d) Agencies must establish procedures for consolidating and
reporting contractor estimates required by the clause at 52.223-9.
[[Page 51660]]
23.406 Solicitation provision and contract clause.
(a) Insert the provision at 52.223-4, Recovered Material
Certification, in solicitations that are for, or specify the use of,
recovered materials.
(b) Insert the clause at 52.223-9, Estimate of Percentage of
Recovered Material Content for EPA-Designated Products, in
solicitations and contracts exceeding $100,000 that include the
provision at 52.223-4. If it is practical to verify the estimate, use
the clause with its Alternate I.
15. Revise Subpart 23.7 to read as follows:
Subpart 23.7--Contracting for Environmentally Preferable and
Energy-Efficient Products and Services
Sec.
23.700 Scope.
23.701 Definition.
23.702 Authorities.
23.703 [Reserved]
23.704 Policy.
23.705 Application to Government-owned or -leased facilities.
23.706 Contract clause.
23.700 Scope.
This subpart prescribes policies for obtaining environmentally
preferable and energy-efficient products and services.
23.701 Definition.
Biobased product, as used in this subpart, means a commercial or
industrial product (other than food or feed) that utilizes biological
products or renewable domestic agricultural (plant, animal, and marine)
or forestry materials.
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 12856 of August 3, 1993, Federal Compliance
with Right-to-Know Laws and Pollution Prevention Requirements.
(e) Executive Order 12902 of March 8, 1994, Energy Efficiency and
Water Conservation at Federal Facilities.
(f) Executive Order 13101 of September 14, 1998, Greening the
Government through Waste Prevention, Recycling, and Federal
Acquisition.
23.703 [Reserved]
23.704 Policy
Agencies must--
(a) Implement cost-effective contracting preference programs
favoring the acquisition of environmentally preferable and energy-
efficient products and services; and
(b) Employ acquisition strategies that affirmatively implement the
following environmental objectives:
(1) Maximize the utilization of environmentally preferable products
and services (based on EPA-issued guidance).
(2) Maximize the utilization of energy-efficient products.
(3) Eliminate or reduce the generation of hazardous waste and the
need for special material processing (including special handling,
storage, treatment, and disposal).
(4) Promote the use of nonhazardous and recovered materials.
(5) Realize life-cycle cost savings.
(6) Promote cost-effective waste reduction when creating plans,
drawings, specifications, standards, and other product descriptions
authorizing material substitutions, extensions of shelf-life, and
process improvements.
(7) Consider the use of biobased products.
23.705 Application to Government-owned or -leased facilities
Executive Order 13101, section 701, requires that contracts for
contractor operation of a Government-owned or -leased facility and
contracts for support services at a Government-owned or -operated
facility include provisions that obligate the contractor to comply with
the requirements of the order. Compliance includes developing programs
to promote and implement cost-effective waste reduction and affirmative
procurement programs required by 42 U.S.C. 6962 for all products
designated in EPA's Comprehensive Procurement Guideline (40 CFR part
247).
23.706 Contract clause
Insert the clause at 52.223-10, Waste Reduction Program, in all
solicitations and contracts for contractor operation of Government-
owned or -leased facilities and all solicitations and contracts for
support services at Government-owned or -operated facilities.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
16. Revise the section heading and text of 52.204-4 to read as
follows:
52.204-4 Printed or Copied Double-Sided on Recycled Paper
As prescribed in 4.303, insert the following clause:
Printed or Copied Double-Sided on Recycled Paper (Date)
(a) Definitions. As used in this clause--
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.'' For paper and paper products, postconsumer material
means ``postconsumer fiber'' defined by the U.S. Environmental
Protection Agency (EPA) as--
(1) Paper, paperboard, and fibrous materials from retail stores,
office buildings, homes, and so forth, after they have passed
through their end-usage as a consumer item, including: used
corrugated boxes; old newspapers; old magazines; mixed waste paper;
tabulating cards; and used cordage;
(2) All paper, paperboard, and fibrous materials that enter and
are collected from municipal solid waste; and
(3) Postconsumer fiber does not include fiber derived from
printers' over-runs, converters' scrap, and over-issue publications.
Printed or copied double-sided means printing or reproducing a
document so that information is on both sides of a sheet of paper.
Recovered material, for paper and paper products, is defined by
EPA in its Comprehensive Procurement Guideline as ``recovered
fiber'' and means the following materials:
(1) Postconsumer fiber.
(2) Manufacturing wastes such as--
(i) Dry paper and paperboard waste generated after completion of
the papermaking process (that is, those manufacturing operations up
to and including the cutting and trimming of the paper machine reel
into smaller rolls or rough sheets) including: envelope cuttings,
bindery trimmings, and other paper and paperboard waste resulting
from printing, cutting, forming, and other converting operations;
bag, box, and carton manufacturing wastes; and butt rolls, mill
wrappers, and rejected unused stock; and
(ii) Repulped finished paper and paperboard from obsolete
inventories of paper and paperboard manufacturers, merchants,
wholesalers, dealers, printers, converters, or others.
(b) In accordance with section 101 of Executive Order 13101 of
September 14, 1998, Greening the Government through Waste
Prevention, Recycling, and Federal Acquisition, the Contractor is
encouraged to submit paper documents, such as offers, letters, or
reports, that are printed or copied double-sided on recycled paper
that meet minimum content standards specified in section 505 of
Executive Order 13101, when not using electronic commerce methods to
submit information or data to the Government.
(c) If the Contractor cannot purchase high-speed copier paper,
offset paper, forms bond, computer printout paper, carbonless paper,
file folders, white wove envelopes, writing and office paper, book
paper, cotton fiber paper, and cover stock meeting the 30 percent
postconsumer material standard for
[[Page 51661]]
use in submitting paper documents to the Government, it should use
paper containing no less than 20 percent postconsumer material. This
lesser standard should be used only when paper meeting the 30-
percent postconsumer material standard is not obtainable at a
reasonable price or does not meet performance standards.
(End of clause)
17. Amend section 52.211-5 by revising the introductory text, the
date of the clause, and the definition ``Recovered material'' in
paragraph (a) to read as follows:
52.211-5 Material Requirements
As prescribed in 11.304, insert the following clause:
Material Requirements (Date)
(a) * * *
Recovered material means waste materials and by-products
recovered or diverted from solid waste, but the term does not
include those materials and by-products generated from, and commonly
reused within, an original manufacturing process.
* * * * *
18. Amend section 52.212-5 by revising the date of the clause;
removing paragraph (b)(18) and redesignating paragraphs (b)(16) and
(b)(17) as (b)(17) and (b)(18), respectively; and adding a new
paragraph (b)(16) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items (Date)
* * * * *
(b) * * *
____ (16)(i) 52.223-9, Estimate of Percentage of Recovered
Material Content for EPA-Designated Products (42 U.S.C.
6962(c)(3)(A)(ii)).
____ (ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).
* * * * *
52.223-4 [Amended]
19. Amend the introductory text of section 52.223-4 by revising the
citation ``23.405(a)'' to read ``23.406(a)''.
20. Revise the section heading and text of 52.223-9 to read as
follows:
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-
Designated Products.
As prescribed in 23.406(b), insert the following clause:
Estimate of Percentage of Recovered Material Content for EPA-Designated
Products (Date)
(a) Definitions. As used in this clause--
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
recovered or diverted from solid waste, but the term does not
include those materials and by-products generated from, and commonly
reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material used
in contract performance, including, if applicable, the percentage of
postconsumer material content; and
(2) Submit this estimate to ____________________ [Contracting
Officer complete] in accordance with agency procedures.
Alternate I (Date). As prescribed in 23.406(b), redesignate
paragraph (b) of the basic clause as paragraph (c) and add the
following paragraph (b) to the basic clause:
(b) The Contractor shall execute the following certification
required by the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6962(i)(2)(C):
Certification
I, ____________________ (name of certifier), am an officer or
employee responsible for the performance of this contract and hereby
certify that the percentage of recovered material content for EPA-
designated products met the applicable contract specifications.
----------------------------------------------------------------------
(Signature of the Officer or Employee)
----------------------------------------------------------------------
(Typed Name of the Officer or Employee)
----------------------------------------------------------------------
(Title)
----------------------------------------------------------------------
(Name of Company, Firm, or Organization)
----------------------------------------------------------------------
(Date)
(End of certification)
21. Revise section 52.223-10 to read as follows:
52.223-10 Waste Reduction Program.
As prescribed in 23.706, insert the following clause:
Waste Reduction Program (Date)
(a) Definitions. As used in this clause--
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 of raw
materials in the manufacture of products other than fuel for
producing heat or power by combustion.
Waste prevention means any change in the design, manufacturing,
purchase, or use of materials or products (including packaging) to
reduce their amount or toxicity before they are discarded. 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.
(b) Consistent with the requirements of Section 701 of Executive
Order 13101, the Contractor shall establish a program to promote
cost-effective waste reduction in all operations and facilities
covered by this contract. The Contractor's programs shall comply
with applicable Federal, State, and local requirements, specifically
including Section 6002 of the Resource Conservation and Recovery Act
(42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part
247).
(End of clause)
[FR Doc. 99-24685 Filed 9-22-99; 8:45 am]
BILLING CODE 6820-EP-P