[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73904-73909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25211]
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy; Acquisition of Green
Products and Services
AGENCY: Office of Federal Procurement Policy (OFPP), OMB.
ACTION: Proposed policy letter on the acquisition of green products and
services.
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SUMMARY: OFPP is proposing to issue a policy letter on green
procurement policies and strategies. The policy letter would address:
(1) General responsibilities of agencies for the procurement of green
products and services; (2) the relationship of green products and
services to other socio-economic programs; (3) automatic substitution
policies; (4) listing of green products in Federal catalogues and
online ordering systems; (5) green requirements for paper and printing;
(6) application of green requirements in service contracting; and (7)
energy efficiency. The proposed policy letter would implement specific
provisions of Executive Order (E.O.) 13423, Strengthening Federal
Environmental, Energy, and Transportation Management, Section 6002 of
the Resource Conservation and Recovery Act (42 U.S.C. 6962), the Energy
Policy Act of 1992 (42 U.S.C. 6903), the Energy Policy Act of 2005 (42
U.S.C. 6361), and Section 9002 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8102). The proposed policy letter,
when finalized, would supersede OFPP Policy Letter 92-4, Procurement of
Environmentally-Sound and Energy-Efficient Products and Services, dated
November 2, 1992.
Comment Date: Comments must be received in writing on or before
February 26, 2008 to be considered in the formulation of the final
policy letter.
ADDRESSES: Submit comments by any of the following methods:
E-mail: [email protected].
Facsimile: (202) 395-5105.
Mail: Office of Federal Procurement Policy, Office of
Management and Budget, Room 9013, 725 17th Street, NW., Washington, DC
20503.
Instructions: Please submit comments only and cite ``Proposed OFPP
Policy Letter'' in all correspondence. All comments will be posted
without change to http://www.whitehouse.gov/omb/procurement/green/green_comments.html, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Jim Daumit, Policy Analyst, at
(202) 395-1052, for clarification of content.
SUPPLEMENTARY INFORMATION: The proposed policy letter provides guidance
on green purchasing policies and strategies. It requires agencies to
identify opportunities and give preference to the acquisition of green
products and services, including but not limited to: (1) Alternative
fuels and alternative fuel vehicles and hybrids; (2) biobased products;
(3) Energy Star[supreg] and Federal Energy Management Program (FEMP)-
designated products; (4) environmentally-preferable products and
services; (5) electronics registered on the Electronic Product
Environmental Assessment Tool; (6) low or no toxic or hazardous
chemicals or materials or products; (7) non-ozone depleting substances;
(8) recycled-content and/or remanufactured products; (9) renewable
energy; and (10) water-efficient products.
In addition, the proposed policy letter:
Requires agencies to first consider mandatory and
preferred sources to obtain green products and services that meet their
performance needs, and
[[Page 73905]]
where these sources are unable to meet their needs, to purchase green
products and services from other sources.
Requires agencies to implement automatic substitution
policies for the purchase of functionally equivalent green products and
services in place of non-green products and services ordered through
central supply agencies.
Requires GSA, DLA, and other central supply agencies to
supply designated green products and phase out any competing non-green
products from their catalogs and on-line ordering systems. Agencies are
encouraged in their comments to identify anticipated needs for non-
green products listed in Federal catalogs and on-line ordering systems
that may extend beyond January 1, 2010 where green products are
currently available.
Requires agencies to include requirements and preferences
for the use of green products in all new service contracts and other
existing service contracts as they are recompeted and encourages
agencies to incorporate these requirements and preferences into
existing contracts as they are modified or extended through options.
Discusses agencies' responsibilities for accurate,
complete, and timely reporting.
Reference information on green acquisition polices and green
purchasing programs may be found on OFPP's homepage at http://www.whitehouse.gov/omb/procurement/index_green.html.
Paul A. Denett,
Administrator.
Policy Letter No. 07-XX
To The Heads of Executive Departments And Establishments
Subject: Acquisition of Green Products and Services.
1. Purpose. This policy letter provides Executive branch policies
for the acquisition, use and disposition of green products and
services, including but not limited to: recycled content products;
water-efficient, energy-efficient, Energy Star[supreg] and those
products with the lowest watt stand-by power; biobased products;
environmentally preferable products; alternative fuels; hybrid and
alternative fuel vehicles; non-ozone depleting substances; renewable
energy; and all services that may include the supply or use of any of
these products. Agency acquisition policies and programs shall enhance
and, where appropriate, mandate the purchase and use of green products
and services covered in this policy letter.
2. Authority. This policy letter is issued pursuant to section 6(a)
of the Office of Federal Procurement Policy Act, 41 U.S.C. 405(a),
Section 6002 of the Resource Conservation and Recovery Act of 1976
(RCRA), 42 U.S.C. 6962, the Energy Policy Act of 1992, 42 U.S.C.
6903(19), the Energy Policy Act of 2005, 42 U.S.C. 6361, Section 9002
of the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.
8102, and Executive Order (E.O.) 13423, Strengthening Federal
Environmental, Energy, and Transportation Management.
3. Applicability. This Letter applies to all executive agencies.
4. Rescission. This policy letter rescinds Office of Federal
Procurement Policy (OFPP) Policy Letter 92-4, Procurement of
Environmentally-Sound and Energy-Efficient Products and Services, dated
November 2, 1992.
5. Definitions.
Alternative fuel is defined by Section 301 of the Energy Policy Act
of 1992, as implemented by the Secretary of Energy through rulemaking,
at 10 CFR Part 490.2.
Biobased product means a product determined by the Secretary of
Agriculture to be a commercial or industrial product (other than food
or feed) that is composed, in whole or in part, of biological products
or renewable domestic agricultural materials (including plant, animal,
and marine materials) or forestry materials.
Energy efficient or FEMP-designated product means a product
designated by the Federal Energy Management Program, Department of
Energy as being among the highest 25 percent of equivalent products for
energy efficiency.
Energy Star[supreg] product means a product that is rated for
energy efficiency under an Energy Star[supreg] program established by
Section 324A of the Energy Policy and Conservation Act.
Environmentally preferable means products and services 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. This comparison may consider raw materials acquisition,
product, manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal of the product or service.
Electronic Product Environmental Assessment Tool (EPEAT) is an
environmental procurement tool designed to help institutional
purchasers in the public and private sectors evaluate, compare and
select electronic products based on their environmental attributes. The
first EPEAT standard applies to computer desktops, laptops and
monitors.
EPEAT-registered products are those products which meet the
Institute of Electronic and Electrical Engineers (IEEE) 1680 Standard
for the Environmental Assessment of Personal Computer Products, and
products registered under similar standards developed after the date of
this policy letter, and are listed on the EPEAT Product Registry
located at www.epeat.net.
Executive agency means an Executive department, a military
department, or any independent establishment within the meaning of 5
U.S.C. 101, 102, and 104(1), respectively, and any wholly owned
Government corporation within the meaning of 31 U.S.C. 9101.
Life-cycle cost effective means the life-cycle costs of a product,
project, or measure are estimated to be equal to or less than the base
case (i.e., current or standard practice or product). Additional
guidance on measuring cost-effectiveness is specified in 10 CFR Parts
436.18(a), (b), and (c), 436.20, and 436.21.
Ozone-depleting substances means any substance designated as a
Class I or Class II substance by the Environmental Protection Agency
(EPA) in 40 CFR Part 82.
Postconsumer content means a material or product that has served
its intended use and has been diverted or recovered from waste destined
for disposal, having completed its life as a consumer item.
Recovered material means waste material and by-products which have
been recovered or diverted from solid waste, but such term does not
include those materials and by-products generated from, and commonly
reused within, an original manufacturing process.
Recycled content products means products containing recovered
materials designated for federal preferred procurement by the EPA under
Section 6002 of RCRA. The products are also known as EPA-designated
items.
Renewable energy means energy produced by solar, wind, biomass,
landfill gas, hydrokinetic, ocean (including tidal, wave, current and
thermal), geothermal, municipal solid waste, or new hydroelectric
generation capacity achieved from increased efficiency or additions of
new capacity at an existing hydroelectric project.
Sustainable means to create and maintain conditions, under which
humans and nature can exist in productive harmony, that permit
fulfilling the social, economic, and other requirements of present and
future generations of Americans.
[[Page 73906]]
Water efficient product or service means a product or service that
uses less water than competing products or services that serve the same
purpose, including those meeting EPA's WaterSense standards.
6. Background. E.O. 13423, Strengthening Federal Environmental,
Energy, and Transportation Management, issued on January 26, 2007 (72
FR 3919), directs federal agencies to conduct their environmental,
transportation, and energy-related activities in support of their
respective missions in an environmentally, economically and fiscally
sound, integrated, continuously improving, efficient, and sustainable
manner. In agency acquisitions of goods and services, the Executive
Order requires: (i) use of sustainable environmental practices,
including acquisition of biobased, environmentally preferable, energy-
efficient, water-efficient, and recycled-content products, and (ii) use
of paper of at least 30 percent postconsumer fiber content.
Other goals of E.O. 13423 address improving energy efficiency,
consuming renewable energy, reducing water consumption, increasing
diversion of solid waste, ensuring sustainable/green construction of
buildings, reducing petroleum use, and ensuring acquisition and use of
EPEAT-registered electronic products. E.O. 13423 further requires that
agency programs to reduce and better manage the use of toxic and
hazardous chemicals include reducing the acquisition of such chemicals.
Acquiring green products and services is a key element of
successfully implementing E.O. 13423, an effective environmental
management system (EMS), and a sustainability program. This policy
letter provides guidance to agencies for implementing the green
acquisition requirements of E.O. 13423, including its implementation
within an EMS framework. E.O. 13423 also provides guidance to agencies
that do not have an EMS or have not yet incorporated goals toward
sustainability but are still required to implement an affirmative
procurement program for green products and services as part of their
overall acquisition strategy.
7. Policy. It is the policy of the federal government to develop
and implement green purchasing policies and affirmative procurement
programs in order to conserve resources and be good stewards of the
environment and reduce our negative impact on the environment. The
purchase of green products applies to all acquisition and contracting
mechanisms used by federal agencies, including service contracts,
purchases made with government purchase and fleet cards and purchases
below the micropurchase threshold.
8. Responsibilities.
A. General requirements. In implementing this policy, Executive
agencies shall:
(1) Identify opportunities for and give preference to the
acquisition of green products and services including but not limited
to:
(a) Alternative fuels and Alternative fuel vehicles (AFVs) and
hybrids as required by Section 303 of the Energy Policy Act of 1992 and
amended by the Energy Policy Act of 2005 and E.O. 13423;
(b) biobased products designated by the Department of Agriculture
(USDA) under section 9002 of the Farm Security and Rural Investment Act
of 2002 (FSRIA);
(c) Energy Star[reg], FEMP-designated, and those electronic
products with the lowest available stand-by power as required by
section 104 of the Energy Policy Act of 2005 and E.O. 13423;
(d) Environmentally-preferable products and services in accordance
with E.O. 13423;
(e) EPEAT-registered electronics in accordance with E.O. 13423;
(f) Low or no toxic or hazardous chemicals or materials or products
containing lesser or no toxic or hazardous constituents;
(g) Non-ozone depleting substances under the Clean Air Act as
contained in EPA's Significant New Alternatives Program (SNAP);
(h) Recycled content and/or remanufactured products designated by
EPA under section 6002 of RCRA;
(i) Renewable energy as required by section 203 of the Energy
Policy Act of 2005, E.O. 13423; and
(j) Water efficient products, including those meeting EPA's
``WaterSense'' standards.
(2) Ensure representation of environmental and energy experts,
managers, or technical personnel on integrated procurement teams for
all major acquisitions and consider each of the following factors:
(a) Sustainable design practices;
(b) Life cycle cost analysis;
(c) Product or packaging take back (return to manufacturer for
recycling or remanufacturing purposes); and
(d) Maximization of energy and resource recovery in solid waste
management.
(3) Incorporate green purchasing requirements within agency,
organizational, and facility environmental management systems. Guidance
can be found in Incorporating Environmentally Preferable Purchasing
into Environmental Management Systems, available at http://www.epa.gov/epp/pubs/grn-pur/green-pur-ems.htm.
(4) Develop and implement a formal, comprehensive, written
affirmative procurement program (APP), also referred to as a green
purchasing plan, for all products and services covered by this policy
letter.
(a) Minimally, an APP must:
State a preference for the acquisition of the green
products and services identified above;
Delineate the roles and responsibilities of contracting
officials, program managers, product specifiers, and purchase card
holders and administrators;
Promote the acquisition of green products and services
internally within the agency and externally to all product vendors and
service providers, including other federal, state, and local agencies;
Provide for annual compliance monitoring, corrective
action, and/or auditing as appropriate;
Provide mechanisms for reporting on the effectiveness of
the program to demonstrate compliance;
Require flow down of green product preferences to
contractors and subcontractors; and
For recycled content products only, require estimates of
the total amount of recovered materials used in items supplied or used
under the contract, certification that the minimum recycled content
requirement was met, where appropriate, and implement procedures for
verifying the estimates and certifications.
(b) An effective APP should also address:
Preference for green products and services in the agency's
annual procurement forecasts for all products and services;
Development of templates for incorporating green
purchasing requirements into solicitations and contracts and/or using
the model templates developed by other agencies;
Use of Federal Business Opportunities (FedBizOpps) and
other e-procurement tools to publicize and promote requirements for
green products and services and/or sustainable acquisitions;
The incorporation of green product requirements in the
agency's automated contract writing system;
Strategic sourcing opportunities for purchasing green
products and services;
Achievement of best value based on life cycle cost
assessments of cradle-to-grave manufacture, use and disposition;
Past performance evaluation of contractors' adherence to
green
[[Page 73907]]
components/sustainable aspects of contracts;
Green and/or sustainable standards and performance
indicators in statements of work, source selection factors, and
performance-based acquisitions;
Reporting of green contract requirements implementation
through the Federal Procurement Data System (FPDS); and
For agencies that manage government specifications or
commercial item descriptions, review and revise, as necessary,
specifications and standards to permit the acquisition of green
products and services.
(5) Work with private standard setting organizations and
participate, pursuant to OMB Circular A-119 and the National Technology
Transfer and Advancement Act (NTTAA), in the development of voluntary
standards and specifications defining green products, practices and
services.
(6) Develop and require training on the acquisition of green
products and services as well as agency sustainable practices for
requirements personnel, procurement personnel, purchase card and travel
card holders and administrators, fleet managers, and facilities
managers.
(7) Conduct pilot projects to test and measure results from the
purchase and use of green products and services. Agencies may be
requested to serve as a lead agency in coordinating a pilot and
reporting government-wide results associated with the pilot.
(8) Ensure that the agency (a) meets at least 95 percent of its
requirements for acquiring an electronic product with an EPEAT-
registered electronic product, unless there is no EPEAT standard for
such product, (b) enables the Energy Star[reg] feature on agency
computers and monitors, (c) establishes and implements policies to
extend the useful life of agency electronic equipment, and (d) uses
environmentally sound practices with respect to disposition of agency
electronic equipment that has reached the end of its useful life.
B. Relationship of green purchasing requirements to other socio-
economic programs. Executive agencies should first determine their
specific performance requirements for products and services then
identify sources that effectively meet the agency's performance needs.
If an agency determines that a green product or service can meet its
performance needs, it shall first consider mandatory and preferred
sources to obtain green products or services. If these sources do not
offer products or services that meet the agency's performance needs,
the agency shall obtain such products and services from other sources.
Nonprofit agencies employing people who are blind or severely
disabled under the AbilityOne Program pursuant to the Javits-Wagner-
O'Day Act and Federal Prison Industries' UNICOR programs are mandatory
sources. See Subparts 8.6 and 8.7 of the Federal Acquisition Regulation
(FAR). Small businesses, including Small Disadvantaged, Women-Owned,
Native American, Alaska Native, HUB-zone, and Service-Disabled
Veterans, are preferred sources.
C. Automatic substitution policies. Executive agencies in
coordination with General Services Administration (GSA) and the Defense
Logistics Agency (DLA) shall implement automatic substitution policies
in accordance with the following guidelines:
(1) GSA and DLA shall coordinate with Chief Acquisition Officers
and Senior Officials appointed under Section 3(d) of E.O. 13423 to
identify opportunities and establish policies to automatically
substitute functionally equivalent green products and services in place
of non-green products and services ordered by customer agencies. These
products and services may include, but are not limited to, general
office products, other paper products such as tissues and towels,
biobased cleaning products, and/or any other green products and
services appropriate to agencies' needs.
GSA and DLA shall report to the OFPP Administrator annually on the
products and services for which these automatic substitution policies
have been implemented.
(2) GSA and DLA shall provide only Energy Star[reg] and FEMP-
designated energy efficient products for all categories of products
covered by the Energy Star[reg] and FEMP programs, unless the head of
an agency provides written justification as covered in paragraph
8.G.(2) of this policy letter.
D. Compliance and listing of green products in federal catalogs and
on-line ordering systems. GSA, DLA and any other central supply source
shall:
(1) Clearly identify and prominently display designated green
products and services covered in this policy letter in federal catalogs
and on-line ordering systems; and
(2) Phase out competing non-green products from their supply
catalogs, contracts, specifications, inventories, and schedules, in
accordance with the following deadlines:
(a) For a green product designated prior to the publication of this
policy letter--by January 1, 2010 or an alternative deadline
established in consultation with the Federal Environmental Executive
and the Administrator of OFPP.
(b) For a green product designated after the publication of this
policy letter--the latter of January 1, 2010 or within one year after
the date specified in subparagraph (c) or an alternative deadline
established in consultation with the Federal Environmental Executive
and the Administrator of OFPP.
(c) The date referred to in subparagraph (b) is the date a notice
is issued in the Federal Register by the manager of a green product
program at USDA, EPA, or DOE designating new products for its lists
that :
(i) Can meet the functional performance requirements of competing
non-green products in the same or similar product category; and
(ii) Adequately address factors that would otherwise justify
exemptions from green purchasing products as described in paragraph 8.G
of this policy letter.
E. Requirements for paper and printing. In implementing the policy
for paper and paper products acquired through GSA, the Government
Printing Office, or private entities, Executive agencies shall:
(1) Require the use of printing and writing paper containing a
minimum of 30 percent postconsumer fiber;
(2) To the maximum extent practicable, ensure that all copier
machines, faxes, and printers are set up to print double-sided
documents and that any reports, studies, analyses, assessments or any
other contract deliverables are provided as double-sided copies;
(3) To the maximum extent practicable, require that all printing
services require the use of recycled content paper and double-sided
copying;
(4) To the maximum extent practicable, refrain from specifying
printing and writing papers that do not contain a minimum of 30 percent
postconsumer fiber for products with a limited useful life such as
annual reports, catalogues, training materials, and telephone
directories as appropriate; and
(5) To the maximum extent practicable, provide and transfer
documents electronically to eliminate paper requirements.
F. Service contracting. Executive agencies must include
requirements and preferences for the use of green products in all new
service contracts and recompeted service contracts where green products
may be substituted for
[[Page 73908]]
equivalent non-green products in the performance of the contract.
Agencies are also encouraged to incorporate these requirements and
preferences into existing contracts as they are modified or extended
through options. Requirements and opportunities to incorporate
sustainable practices and green products in service contracts are
provided below. Agencies should explore further opportunities for
including these practices and products in all relevant service
contracts.
(1) Buildings and leased space: When acquiring leased space or
entering into construction contracts for buildings and other major
assets, agencies shall:
(a) implement the five Guiding Principles for High Performance and
Sustainable Buildings identified in the Federal Leadership in High
Performance and Sustainable Buildings Memorandum of Understanding and
relate technical guidance found on the Whole Building Design Guide
(www.wbdg.org) as long as it is life cycle cost effective to do so; and
(b) ensure that new buildings are 30 percent more energy efficient
than the 2004 International Energy Conservation Code for residential
buildings or the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Standard 90.1-2004 for non-residential
buildings, if life-cycle cost effective.
(2) Energy efficiency: In order to meet government-wide goals for
energy efficiency, sustainable building, green product and service
acquisition, and renewable energy, agencies are authorized and
encouraged to use Energy Savings Performance Contracts (ESPC) and
Utility Energy Savings Contracting (UESC) programs. ESPC and UESC
programs are innovative tools for investing in building improvements to
reduce energy and water use and increase the portion of remaining
energy needs supplied from renewable energy sources. Agencies may use
any combination of appropriated funds and private financing to carry
out an individual project by covering its up front costs, as long as
the entire project's future cost savings exceed the amounts required
over time to repay the private financing.
(3) Fleet and rental car services: GSA and or other federal fleet
service providers shall, to the maximum extent practicable, include
requirements for increasing alternative fuel use, retread tires, re-
refined motor oil, biolubricants, and other vehicle related products
designated as recycled content, energy efficient, biobased or
environmentally preferable and reducing petroleum use to the maximum
extent practicable. Agencies should also ensure that Government travel
arrangements for federal employee travel contain preferences for
alternative fuel vehicles filled with alternative fuel, hybrids, and
other designated green products as feasible and applicable.
(4) Janitorial services: Agencies shall include requirements for
recycled content products (e.g., towels, sanitary tissue products, and
plastic trash can liners) and biobased and/or environmentally
preferable cleaning products in all janitorial contracts.
(5) Laundry services: Agencies and their contractors shall request
energy and water efficient equipment, and environmentally preferable or
biobased detergents in laundry service contracts.
(6) Meeting and conference services: Agencies shall, wherever
possible, contract for meeting and conference services with contractors
offering such green attributes as proximity to mass transportation,
shuttle services using alternative fuel vehicles, recycling services,
the use of recycled content and/or biobased products, energy and water
efficient facilities, linen/towel reuse programs, reusable china and
linens for food service, or sourcing food from local providers.
G. Exemptions from requirements. Exemptions from the purchase
requirements covered in this policy letter require written
justifications in accordance with the following:
(1) A decision not to procure EPA-designated recycled content
products or USDA-designated biobased items directly or though a service
contract requires written justification by the agency that a
determination was made that such items:
(a) Are not reasonably available within the time required;
(b) Fail to meet performance standards established in applicable
specifications or fail to meet the reasonable performance standards of
the procuring agency;
(c) Are only available at an unreasonable price (based on life
cycle cost); or
(d) Are not available from a sufficient number of sources to
maintain a satisfactory level of competition.
(2) A decision not to procure Energy Star[reg] or FEMP designated
energy efficient products directly or through a service contract
requires written justification by the head of the agency that a
determination was made that such products:
(a) Are not cost effective over the life of the product taking
energy cost savings into account; or
(b) Are not reasonably available to meet the functional requirement
of the agency.
9. Federal Acquisition Regulatory Councils. The Defense Acquisition
Regulations Council and the Civilian Agency Acquisition Council shall
conduct periodic reviews of the relevant parts of the FAR to assure (1)
that no unintended limitations to the acquisition of green products and
services are contained therein, and (2) that the procurement policies
established by this policy letter are fully reflected in the FAR.
10. Reporting requirements. Agency activities conducted pursuant to
this policy letter will be reported biennially to the President as
required by E.O. 13423 and as otherwise required by statute.
A. OFPP will collect data annually from agencies. Each Executive
agency shall provide accurate, complete and timely data to OFPP in its
annual requests. Requests may include, but are not limited to:
(1) Quantitative data on purchases of indicator items;
(2) Contract compliance data reported through the FPDS system;
(3) Data documenting the results of participation in agency or
government-wide pilots;
(4) Evidence of preference language included in service contracts,
procurement forecasts, solicitations, and/or competitive sourcing
studies; and/or
(5) Evidence of annual training, compliance monitoring, corrective
action plans and implementation of corrective actions.
B. Criteria for agency reporting to OFPP on green product
purchasing and service acquisitions will be updated as necessary to
ensure consistency with the requirements of this policy letter.
11. Information. Questions or inquiries about this policy letter
should be directed to the Office of Federal Procurement Policy, 725
17th Street, NW, Washington, DC 20503, telephone: 202-395-3501.
12. Judicial review. This Policy Letter is not intended to provide
a constitutional or statutory interpretation of any kind and it is not
intended, and should not be construed, to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any persons. It is
intended only to provide policy guidance to agencies in the exercise of
their discretion concerning federal contracting. Thus, this Policy
Letter is not intended, and should not be construed, to create any
substantive or
[[Page 73909]]
procedural basis on which to challenge any agency action or inaction on
the ground that such action or inaction was not in accordance with this
Policy Letter.
13. Effective date. This policy letter is effective December 28,
2007.
Paul A. Denett,
Administrator.
[FR Doc. E7-25211 Filed 12-27-07; 8:45 am]
BILLING CODE 3110-01-P