[Federal Register Volume 65, Number 138 (Tuesday, July 18, 2000)]
[Proposed Rules]
[Pages 44508-44509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18062]


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GENERAL SERVICES ADMINISTRATION

 48 CFR Parts 538 and 552

RIN 3090-AH25


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

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration (GSA) proposes to amend 
the GSA Acquisition Regulation (GSAR) for consistency with the proposed 
Federal Acquisition Regulation (FAR) revision of energy conservation 
regulations and President Clinton's issuance of Executive Order 13123 
on efficient energy management.

DATES: Comments should be submitted on or before September 18, 2000.

ADDRESSES: Mail comments to General Services Administration, Office of 
Acquisition Policy, Division (MVP), 1800 F Street, NW., Room 4015, 
Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Beverly Cromer, GSA Acquisition Policy 
Division, (202) 208-6750.

SUPPLEMENTARY INFORMATION:

A. Background

    GSAR 538.273(a)(3) is revised to reflect the new clause title. 
Clause 552.238-72, Identification of Products that Contain Recovered 
Materials, are Energy-Efficient, or Have Other Environmental Attributes 
(e.g., Reduced Pollutants), is revised to update the definition of 
energy-efficient products and to reflect language that is consistent 
with Executive Order 13123 (64 FR 30851) and proposed FAR Part 23.2 
(FAR Case 99-011, 65 FR 30311, May 10, 2000).

B. Executive Order 12866

    This regulatory action is 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.

C. Regulatory Flexibility Act

    GSA certifies that this proposed rule will not 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.

D. Paperwork Reduction Act

    The revised clause at 552.238-72, Identification of Products that 
Contain Recovered Materials, are Energy-Efficient, or Have Other 
Environmental Attributes (e.g., Reduced Pollutants), contains an 
information collection requirement subject to the Paperwork Reduction 
Act (44 U.S.C. 3501 et seq.). However, the revisions to the clause made 
by this rule do not affect the information collection requirement which 
was approved previously by OMB and assigned control number 3090-0262.

List of Subjects in 48 CFR Parts 538 and 552

    Government procurement.

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

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

PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING

    2. Revise section 538.273(a)(3) to read as follows:

538.273  Contract clauses.

* * * * *
    (a) * * *
    (3) 552.238-72, Identification of Products that Contain Recovered 
Materials, are Energy-Efficient, or Have Other Environmental Attributes 
(e.g., Reduced Pollutants).
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Amend section 552.212-72 by revising the date of the clause and 
by revising the title of the clause in paragraph 552.238-72(b) to read 
as follows:

552.212-72  Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to GSA Acquisition of 
Commercial Items.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS 
(DATE)

* * * * *
______ 552.238-72  Identification of Products that Contain Recovered 
Materials, are Energy-Efficient, or Have Other Environmental Attributes 
(e.g., Reduced Pollutants)
* * * * *
    4. Revise section 552.238-72 to read as follows:

552.238-72  Identification of Products that Contain Recovered 
Materials, are Energy-Efficient, or Have Other Environmental 
Attributes (e.g., Reduced Pollutants).

    As prescribed in 538.273(a)(3), insert the following clause:

IDENTIFICATION OF PRODUCTS THAT CONTAIN RECOVERED MATERIALS, ARE 
ENERGY-EFFICIENT, OR HAVE OTHER ENVIRONMENTAL ATTRIBUTES (e.g., REDUCED 
POLLUTANTS) (DATE)

    Several laws, Executive orders, and Agency directives require 
Federal buyers to purchase products and services that are less 
harmful to the environment, when they are life cycle cost-effective 
(see FAR Subpart 23.7). The U.S. General Services Administration 
(GSA) requires contractors to highlight environmental products and 
services under Federal Supply Service Schedule contracts in various 
communications media; e.g., publications and electronic formats.
    (a) Definitions. ``Recovered Materials,'' as used in this 
clause, means waste material and by-products which have been 
recovered or diverted from solid waste. This term does not include 
those materials and by-products generated from, and commonly reused, 
within an original manufacturing process (42 U.S.C. 6903(19)). For 
paper, it also includes postconsumer materials, and manufacturing 
certain other wastes. (42 U.S.C. 6962(h)). Note that the 
Environmental Protection Agency (EPA) has developed a list of 
Comprehensive Procurement Guideline Items (CPG Items) that directs 
Federal agencies to purchase products that meet recommended

[[Page 44509]]

minimum recovered materials levels for specific products (40 CFR 
Part 247).
    ``Energy-Efficient Product,'' as used in this clause, refers to 
a product that is either ENERGY STAR labeled or its energy 
consumption measures in the upper 25 percent of efficiency within 
its comparable class of products as designated by the Department of 
Energy Federal Energy Management Program (FEMP). (See Executive 
Order 13123)
    ``Other Environmental Attributes,'' as used in this clause, 
refers to product characteristics that provide environmental 
benefits, excluding recovered materials and energy and water 
efficiency. Several examples of these characteristics are 
biodegradable, recyclable, reduced pollutants, ozone safe, and low 
volatile organic compounds (VOCs).
    ``GAS Advantage,'' as used in this clause, refers to the GSA 
electronic on-line shopping mall that makes it easier for Federal 
employees to order products and services via the internet.
    (b) The offeror must identify products that contain recovered or 
remanufactured materials, are energy-efficient, water-efficient or 
have other environmental attributes in each of the offeror's 
following mediums:
    (1) The offer itself;
    (2) Printed commercial catalogs, brochures, and pricelists;
    (3) Online product website; and,
    (4) Electronic data submission for GSAAdvantage!
    (c) An offeror, in identifying an item with an environmental 
attribute, must possess evidence or rely on a reasonable basis to 
substantiate the claim (see 16 CFR 260, Guides for the Use of 
Environmental Marketing Claims). The government will accept an 
offeror's claim of an item's environmental attribute on the basis 
of--
    (1) Participation in a Federal agency sponsored program, e.g., 
the EPA and DOE Energy Star product labeling program;
    (2) Verification by an independent organization that specializes 
in certifying such claims; or
    (3) Possession of competent and reliable evidence. For any test, 
analysis research, study, or other evidence to be ``competent and 
reliable,'' it must have been conducted and evaluated in an 
objective manner by persons qualified to do so, using procedures 
generally accepted in the profession to yield accurate and reliable 
results.

(End of clause)

    Dated: July 12, 2000.
David Drabkin,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 00-18062 Filed 7-17-00; 8:45 am]
BILLING CODE 6820-61-M