[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46794-46795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18464]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 2005-69; FAR Case 2013-006; Item VI; Docket 2013-0006, Sequence 1]
RIN 9000-AM63


Federal Acquisition Regulation; Update to Biobased Reporting 
Requirements

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to revise the biobased reporting 
clause to require the contractor to submit the annual biobased report 
to a new Governmentwide Web site instead of the agency environmental 
point of contact.

DATE: Effective: September 3, 2013

FOR FURTHER INFORMATION CONTACT: Ms. Marissa Petrusek, Procurement 
Analyst, at 202-501-0136, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-69, FAR Case 2013-
006.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are revising the clause at FAR 52.223-2, 
Affirmative Procurement of Biobased Products Under Service and 
Construction Contracts, to reflect new reporting instructions for the 
annual biobased report; the reports will be submitted to a new Web site 
rather than to an agency point of contact.
    For reporting in 2012, the Department of Agriculture provided a 
reporting site that was intended to be available for one year only. The 
Web site to be used for the annual Biobased reports due at the end of 
October 2013, http://www.sam.gov, is intended to be the permanent site 
used for reporting this information. The new Web site is a 
Governmentwide site that allows contractors to submit a report on a 
contract-by-contract basis at any time throughout the year, improving 
consistency in reporting across Federal agencies with the goal of 
increasing Federal procurement of biobased products. The new Web site 
also generates a Governmentwide report for agency use. In addition, the 
new Web site includes instructions on how to complete the report and 
frequently asked questions.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure, or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because submission of the report was already required and changing the 
Web site to which the report is submitted will have no cost or other 
impact on contractors. These requirements affect only the internal 
operating procedures of the Government.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

[[Page 46795]]

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant FAR revision and 41 
U.S.C. 1707 does not require publication for public comment.

V. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subject in 48 CFR Part 52

    Government procurement.

    Dated: July 26, 2013.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth 
below:

PART 52-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 52 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.


0
2. Amend section 52.223-2 by--
0
a. Revising the date of the clause and paragraph (c)(1);
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b. Removing from paragraph (c)(2)(ii) ``; and'' and adding a period in 
its place; and
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c. Removing paragraphs (c)(3) and (d).
    The revised text reads as follows:


52.223-2  Affirmative Procurement of Biobased Products Under Service 
and Construction Contracts.

* * * * *

Affirmative Procurement of Biobased Products Under Service and 
Construction Contracts. (Sept, 2013)

* * * * *
    (c) * * *
    (1) Report to http://www.sam.gov, with a copy to the Contracting 
Officer, on the product types and dollar value of any USDA-
designated biobased products purchased by the Contractor during the 
previous Government fiscal year, between October 1 and September 30; 
and
* * * * *
[FR Doc. 2013-18464 Filed 7-31-13; 8:45 am]
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