[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Proposed Rules]
[Pages 8143-8145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3114]



[[Page 8143]]

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

ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1523 and 1552

[EPA-HQ-OARM-2007-0102; FRL 8280-4]


EPAAR Prescription and Solicitation Provision--EPA Green Meetings 
and Conferences

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to revise the EPA Acquisition Regulation 
(EPAAR) Subparts 1523 and 1552 to establish policy and procedures for 
acquiring environmentally preferable meeting and conference services. 
This proposed EPAAR revision will add a prescription and solicitation 
provision that Agency employees will be required to use when soliciting 
quotes or offers for meeting and conference space and services. The 
solicitation provision will require meeting and conference venues to 
provide EPA with information about environmentally preferable features 
and practices in use at their facilities. As stated in the Federal 
Acquisition Regulation (FAR), environmentally preferable products and 
services are those ``that have a lesser or reduced effect on human 
health and the environment when compared with competing products or 
services that serve the same purpose.'' The intent of this rule is to 
ensure that environmental preferability is considered in each purchase 
of commercial meeting and conference services, which furthers the EPA 
mission to protect human health and the environment.
    This action revises the EPAAR, but does not impose any new 
requirements on Agency contractors. The procedure will require Agency 
employees to request information from prospective meeting venues about 
their environmentally preferable (green) practices for consideration in 
the award decision, thus encouraging the industry to adopt more of 
these practices so that we will be more likely to do business with 
them. This rule imposes no requirement or standard that a facility must 
meet in order to do business with us.

DATES: Interested parties should submit comments in writing on or 
before March 26, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2007-0102, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Mail: EPA Docket Center, Environmental Protection Agency, 
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Attention Docket ID No. EPA-HQ-OARM-2007-0102.
     Hand Delivery: EPA Docket Center, Environmental Protection 
Agency, OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2007-0102. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Tiffany Schermerhorn, Policy, Training 
and Oversight Division, Office of Acquisition Management, Mail Code 
3802R, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; e-mail address: [email protected], 
telephone (202) 564-9902.

SUPPLEMENTARY INFORMATION:

I. General Information

    The proposed EPAAR additions are necessary so that the Agency can 
ensure that environmental preferability is considered in all purchases 
of commercial meeting and conference services. The new solicitation 
provision will not impose a substantial additional burden on meeting 
venues since they currently submit quotes or offers to the Agency in 
response to solicitations for meeting and conference services, and the 
rule will allow the information to be obtained electronically or orally 
when appropriate to the acquisition. The EPAAR changes are consistent 
with the FAR.

II. Statutory and Executive Order Reviews

A. Executive Order 12866

    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This rule does not impose any new information collection or other 
requirements on Agency contractors. Collection of information from 
prospective contractors via Agency solicitation is covered under 
existing active clearances OMB 9000-0136, Commercial Item 
Acquisitions--FAR Sections Affected: Part 12; 52.212-1 and 52.212-3, a 
Federal Acquisition Regulation clearance, in the case of commercial 
item simplified acquisitions; and OMB 2030-0006, Invitations for Bids 
and Request for Proposals (IFBs and RFPs), an EPA clearance, in the 
case of sealed bid or negotiated procurements. These clearances allow 
information to be collected from a quoter or offeror with the purpose 
of evaluating its capabilities for performing the contract 
requirements. In the case of this regulation, one of EPA's requirements 
is to purchase environmentally preferable meeting and conference 
services to the greatest extent practicable, so we will need to solicit 
from each facility a technical description of environmentally 
preferable measures it has in place.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment

[[Page 8144]]

rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any new requirements on small entities.

List of Subjects in 48 CFR Parts 1523 and 1552

    Environmental Protection, Government procurement.

    Dated: February 16, 2007.
John C. Gherardini, III,
Acting Director, Office of Acquisition Management.
    For the reasons set forth in the preamble, chapter 15 of title 48 
Code of Federal Regulations, parts 1523 and 1552 are proposed to be 
amended as follows:

PART 1523--ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND 
DRUG-FREE WORKPLACE

    1. The authority citation for 48 CFR part 1523 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

    2. Add Subpart 1523.7 to read as follows.
Subpart 1523.7--Contracting for Environmentally Preferable Products and 
Services
1523.703 Policies and procedures.
1523.703-1 Acquisition of environmentally preferable meeting and 
conference services.

Subpart 1523.7--Contracting for Environmentally Preferable Products 
and Services


1523.703  Policies and procedures.


1523.703-1  Acquisition of environmentally preferable meeting and 
conference services.

    (a) Scope. This section establishes policy and procedures for 
acquiring environmentally preferable meeting and conference services. 
For purposes of this section, the term ``contracting officer'' refers 
to any EPA employee with purchasing authority. For the purposes of this 
section, the term ``meeting and conference services'' refers to any 
purchase by an EPA employee of the use of off-site commercial 
facilities for an EPA event, whether the event is a meeting, 
conference, training session, or other purpose.
    (b) Policy. Contracting officers must purchase environmentally 
preferable meeting and conference services to the greatest extent 
practicable. Environmental preferability is defined at FAR 2.101. 
Environmental preferability shall be considered in all purchases of 
meeting and conference services.
    (c) Procedures for micropurchases. The contracting officer shall 
request information on environmentally preferable features and 
practices from each meeting and conference services vendor solicited 
using the provision or language substantially the same as the provision 
at 1552.223-71.
    (d) Procedures for purchases exceeding micropurchase threshold. The 
contracting officer shall request information on environmentally 
preferable features and practices from each meeting and conference 
services vendor using the provision or language substantially the same 
as the provision at 1552.223-71, and shall notify vendors that basis 
for award will be best valued with price and other factors considered. 
Environmental preferability must be considered among the other factors. 
The contracting officer shall determine the relative importance of 
price and other factors as appropriate to the acquisition.
    (e) Contractor support for meetings and conferences. A contract, 
order, work assignment or purchasing agreement that includes contractor 
support for meeting and conference planning and logistics must include 
a green meeting and conference requirement. The contracting officer 
shall ensure language is included in the tasking document work 
statement that requires the contractor to use the provision at 
1552.223-71, or language approved by the contracting officer that is 
substantially the same as the provision, when soliciting quotes or 
offers for meeting and conference services on behalf of the EPA.
    (f) Solicitation Provision. The contracting officer shall insert 
the provision or language substantially the same as the provision at 
1552.223-71, EPA Green Meetings and Conferences, in solicitations for 
meeting and conference services. Contracting officers issuing an oral 
solicitation must also use the provision, though it may be provided to 
the vendor orally or electronically. Contractors soliciting quotes or 
offers for meeting and conference services on behalf of EPA shall use 
the provision, or language approved by the contracting officer that is 
substantially the same as the provision.
    3. The authority citation for 48 CFR part 1552 continues to read as 
follows:

    Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 
40 U.S.C. 486(c); and 41 U.S.C. 418b.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Add Sec.  1552.223-71 to read as follows.


1552.223-71  EPA Green Meetings and Conferences.

    As prescribed in 1523.703-1, insert the following provision or 
language substantially the same as the provision in solicitations for 
meetings and conference services.

EPA Green Meetings and Conferences (XXX 2007)

    (a) The mission of the EPA is to protect human health and the 
environment. We expect that all Agency meetings and conferences will be 
staged using as many environmentally preferable measures as possible. 
Environmentally preferable means products or services that have a 
lesser or reduced effect on the environment when compared with 
competing products or services that serve the same purpose.
    (b) As a potential meeting or conference provider for EPA, we 
require information about environmentally preferable features and 
practices your facility will have in place for the EPA event described 
in the solicitation.
    (c) The following list is provided to assist you in identifying 
environmentally preferable measures and practices used by your 
facility. More information about EPA's Green Meetings initiative may be 
found on the Internet at http://www.epa.gov/oppt/greenmeetings/. 
Information about EPA

[[Page 8145]]

voluntary partnerships may be found at http://www.epa.gov/partners/index.htm.
    (1) Do you have a recycling program? If so, please describe.
    (2) Do you have a linen/towel reuse option that is communicated to 
guests?
    (3) Do guests have easy access to public transportation or shuttle 
services at your facility?
    (4) Are lights and air conditioning turned off when rooms are not 
in use? If so, how do you ensure this?
    (5) Do you provide bulk dispensers or reusable containers for 
beverages, food and condiments?
    (6) Do you provide reusable serving utensils, napkins and 
tablecloths when food and beverages are served?
    (7) Do you have an energy efficiency program? Please describe.
    (8) Do you have a water conservation program? Please describe.
    (9) Does your facility provide guests with paperless check-in & 
check-out?
    (10) Does your facility use recycled or recyclable products? Please 
describe.
    (11) Do you provide training to your employees on these green 
initiatives? Please describe.
    (12) What other environmental initiatives have you undertaken, 
including any environment-related certifications you possess, EPA 
voluntary partnerships in which you participate, support of a green 
suppliers network, or other initiatives? Include ``Green Meeting'' 
information in your quotation so that we may consider environmental 
preferability in selection of our meeting venue.

[FR Doc. E7-3114 Filed 2-22-07; 8:45 am]
BILLING CODE 6560-50-P