[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35859-35864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14376]



[[Page 35859]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 7, 11, 23, 39, and 52

RIN 9000-AM71


[FAC 2005-75; FAR Case 2013-016; Item I; Docket 2013-0016, 
Sequence 1] Federal Acquisition Regulation; EPEAT Items

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

ACTION: Interim Rule.

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SUMMARY: DoD, GSA, and NASA are issuing an interim rule amending the 
Federal Acquisition Regulation (FAR) to implement changes in the 
Electronic Product Environmental Assessment Tool (EPEAT[supreg]) 
registry.

DATES: Effective Date: June 24, 2014.
    Comment Date: Interested parties should submit written comments to 
the Regulatory Secretariat on or before August 25, 2014 to be 
considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-75, FAR Case 2013-
016, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2013-016'' Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2013-016.'' Follow the instructions provided at the ``Comment 
Now'' screen. Please include your name, company name (if any), and 
``FAR Case 2013-016'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd floor, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-75, FAR 
Case 2013-016, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement 
Analyst, at 202-501-3221 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-75, FAR Case 2013-
016.

SUPPLEMENTARY INFORMATION: 

I. Background

    This interim rule revises the Federal Acquisition Regulation (FAR) 
to expand the Federal requirement to procure EPEAT[supreg]-registered 
products beyond personal computer products to cover imaging equipment 
(i.e., copiers, digital duplicators, facsimile machines, mailing 
machines, multifunction devices, printers, and scanners) and 
televisions and modify the existing FAR requirements to recognize the 
revised standard applicable to computer products.
    In April 2006, the IEEE 1680TM Standard for the 
Environmental Assessment of Personal Computer Products, was published 
by the Institute of Electrical and Electronics Engineers (IEEE), Inc., 
a 140-year-old, ANSI-accredited standards development organization. In 
July 2006, the EPEAT[supreg] Product Registry was launched, providing a 
listing of products that conformed to this standard. In 2007, President 
Bush issued Executive Order 13423 (signed January 24, 2007, and 
published in the Federal Register at 72 FR 3920 on January 26, 2007), 
which required Federal agencies to satisfy at least 95 percent of their 
requirements for electronic products with EPEAT[supreg]-registered 
electronic products unless there was not an EPEAT[supreg] standard for 
such product. EPEAT[supreg] requirements were added to the FAR by the 
final rule of FAR Case 2006-030 (published in the Federal Register at 
74 FR 2740 on January 15, 2009).
    President Obama issued Executive Order 13514 (signed October 5, 
2009, and published in the Federal Register at 74 FR 52117 on October 
8, 2009) supporting the procurement of EPEAT[supreg]-registered 
products, with one procurement exception added for the acquisition of 
weapon systems.
    The IEEE has finalized a revised version of the 1680TM 
standard, which contains the process for the conformity assessment to 
the IEEE 1680TM family of standards. Currently, this family 
consists of the following:
     IEEE 1680.1TM, the specific environmental 
performance criteria for personal computer products.
     IEEE 1680.2TM, the specific environmental 
performance criteria for imaging equipment.
     IEEE 1680.3TM, the specific environmental 
performance criteria for televisions.
    The latter two standards were finalized in 2012 and added to the 
EPEAT[supreg] registry in 2013.
    The FAR implementation of EPEAT[supreg] requirements, to date, has 
been limited to the original product category, i.e., personal computer 
products. The addition of the new EPEAT[supreg] product categories 
requires amendments to FAR subpart 23.7 to fully implement the 
EPEAT[supreg] acquisition requirement.

II. Discussion and Analysis

    The FAR, as currently written, does not facilitate full 
implementation of E.O.s 13423 and 13514. While FAR 23.103 requires that 
Federal agencies shall advance sustainable acquisition by ensuring that 
95 percent of new contract actions for the supply of products and for 
the acquisition of services (including construction) require that the 
products are environmentally preferable (e.g., EPEAT-registered, or 
non-toxic or less toxic alternatives), there has been only one 
corresponding contract clause, for personal computer products.
    The changes being made to the FAR include definitions for the 
relevant electronic products for computer products, imaging equipment, 
and televisions. In addition to including new definitions associated 
with imaging equipment and televisions, the FAR definitions for 
personal computer products are revised to harmonize with those in IEEE 
1680.1TM. The FAR text explains at 23.704 that 
EPEAT[supreg]-registered electronic products are designated bronze-, 
silver-, or gold-registered. The reference to the 95 percent purchasing 
requirement that had been included in FAR 23.704(c) is removed in this 
revision because the overall 95 percent sustainable acquisition goal at 
FAR 23.103(a) makes it unnecessary to repeat the goal for 
EPEAT[supreg]. The language on applicability at FAR 23.704(a)(2) is 
revised to use wording similar to that used in the energy-efficiency 
rule at FAR 23.200 without changing the substance. The exceptions that 
had been located at FAR 23.704(c) are revised for clarity and relocated 
to FAR 23.704(a).
    The format for the clause prescriptions, at FAR 23.705(b), (c), and 
(d), are conformed to the format used for the clause prescription at 
FAR 23.206 (for FAR 52.223-15, Energy Efficiency in Energy-Consuming 
Products). This was done for the purposes of consistency and clarity.
    The interim rule includes three contract clauses, one each for 
computer products, imaging equipment, and televisions. The clauses 
require acquisition of products with at least the minimum, or bronze-
registered,

[[Page 35860]]

designation. Each of the clauses has one alternate, which purchasers 
can use when the requirement is for silver- or gold-registered 
products.
    Other amendments made by the interim rule add the current 
references and clarify the requirements in this area. The definition of 
``facsimile'' at FAR 2.101 is deleted at FAR 2.101 for several reasons. 
Primarily, DoD, GSA and NASA wanted to ensure that the faxing process 
could not be confused with ``facsimile machine,'' as that term is now 
defined at FAR 23.701. Further, while ``facsimile'' is used over 90 
times in the FAR, its proper use is defined in the two clauses at FAR 
52.214-31, Facsimile Bids, and 52.215-5, Facsimile Proposals. There is 
no value added by having a definition in part 2 of the FAR.

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 a significant regulatory action and, therefore, was 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.

IV. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this rule to 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. 
However, an Initial Regulatory Flexibility Analysis (IRFA) has been 
prepared and is summarized as follows:

    This is an interim rule revising the FAR to incorporate EPEAT 
standards for the procurement of Electronic Product Environmental 
Assessment Tool (EPEAT[supreg])-registered products beyond personal 
computer products to cover imaging equipment (i.e., copiers, digital 
duplicators, facsimile machines, mailing machines, multifunction 
devices, printers, and scanners) and televisions and modify the 
existing FAR requirements to recognize the revised standard 
applicable to personal computer products.
    Executive Order 13423 requires Federal agencies to satisfy at 
least 95 percent of their requirements for electronic products with 
EPEAT[supreg]-registered electronic products unless there is not an 
EPEAT[supreg] standard for such product. Executive Order 13514 
supported the procurement of EPEAT[supreg]-registered products, with 
one procurement exception added for the acquisition of weapon 
systems.
    The EPEAT organization is incorporated as a 501(c)(4) ``social 
benefit'' nonprofit organization and is overseen by an independent 
Board of Directors guided by a stakeholder Advisory Council. EPEAT 
manages the EPEAT[supreg] registry. Products must conform to the 
IEEE 1680TM family of standards in order to be listed on 
the EPEAT[supreg] product registry. The EPEAT requirement, including 
a specific requirement for the purchase of EPEAT[supreg]-registered 
personal computer products, was added to the FAR by FAR Case 2006-
030. Since that final rule was issued on January 15, 2009, the IEEE 
has published an updated standard for personal computer products and 
two additional standards, for imaging equipment and televisions.
    Searching within the EPEAT[supreg] registry on May 3, 2013, the 
following numbers of products were listed as registered in the 
United States:

----------------------------------------------------------------------------------------------------------------
                Product category                      Bronze          Silver           Gold            Total
----------------------------------------------------------------------------------------------------------------
Personal computer products......................              52             793           1,528           2,373
Imaging equipment...............................             202             128              16             346
Televisions.....................................             -0-              84              39             123
----------------------------------------------------------------------------------------------------------------

    These numbers refer to products, not individual companies. 
However, most (90-100 percent) of the companies with products listed 
on the EPEAT[supreg] registry are large businesses. These companies 
pay an annual fee, based on a sliding scale determined by the firm's 
revenue for that product the previous year, in order to be able to 
list the products on the EPEAT registry.
    However, purchasers often procure through resellers or 
distributors of EPEAT[supreg]-registered products rather than 
directly from the manufacturers. EPA's Office of Small Business 
Programs stated that the majority of the resellers and distributors 
for EPEAT[supreg]-registered products are categorized as small 
businesses. Further, only the actual manufacturer pays to list 
products on the EPEAT[supreg] registry. The resellers or 
distributors pay no fees but reap the benefit of the EPEAT 
categorization.
    Therefore, there will be little or no impact on small businesses 
due to this rule.
    There are no reporting, recordkeeping, or other compliance 
requirements associated with this rule. The only requirement is that 
businesses planning to submit a proposal to the Government be aware 
of the EPEAT[supreg] registry and Web site and refer to it during 
the preparation of proposals.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. The compliance and reporting requirements under the 
rule are minor and not onerous in any sense. Small entities can 
comply with the requirements either as manufacturers, resellers, or 
distributors.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by this rule 
in accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAC 2005-75, FAR Case 
2013-016) in correspondence.

V. Paperwork Reduction Act

    The interim 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).

VI. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is appropriate because imaging equipment and television items have 
already been added to the EPEAT[supreg] registry. Therefore, under the 
requirements of E.O.s 13423 and 13514, agencies are already required to 
fulfill at least 95 percent of their annual acquisition requirement for 
imaging equipment and televisions with EPEAT-registered products. For 
these reasons, it is important that contracting personnel be aware of, 
and include in solicitations as appropriate, the new requirements. 
However, pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b), DoD, GSA, and 
NASA will consider public comments

[[Page 35861]]

received in response to this interim rule in the formation of the final 
rule.

List of Subjects in 48 CFR Parts 2, 7, 11, 23, 39, and 52

    Government procurement.

    Dated: June 13, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-Wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 7, 11, 23, 39, 
and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 7, 11, 23, 39, and 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.

PART 2--DEFINITIONS OF WORDS AND TERMS


2.101  [Amended]

0
2. Amend section 2.101 by removing the definition ``Facsimile''.

PART 7--ACQUISITION PLANNING


7.103  [Amended]

0
3. Amend section 7.103 by removing from paragraph (p)(2) ``(EPEAT)'' 
and adding ``(EPEAT[supreg])'' in its place.

PART 11--DESCRIBING AGENCY NEEDS


11.002  [Amended]

0
4. Amend section 11.002 by removing from paragraph (d)(1)(v) ``EPEAT'' 
and adding ``EPEAT[supreg]'' in its place.

PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE


23.000  [Amended]

0
5. Amend section 23.000 by removing from paragraph (d) ``EPEAT'' and 
adding ``EPEAT[supreg]'' in its place.


23.103  [Amended]

0
6. Amend section 23.103 by removing from paragraph (a)(4) ``EPEAT'' and 
adding ``EPEAT[supreg]'' in its place.
0
7. Revise section 23.701 to read as follows:


23.701  Definitions.

    As used in this subpart--
    Computer means a device that performs logical operations and 
processes data. Computers are composed of, at a minimum:
    (1) A central processing unit (CPU) to perform operations;
    (2) User input devices such as a keyboard, mouse, digitizer, or 
game controller; and
    (3) A computer display screen to output information. Computers 
include both stationary and portable units, including desktop 
computers, integrated desktop computers, notebook computers, thin 
clients, and workstations. Although computers must be capable of using 
input devices and computer displays, as noted in paragraphs (2) and (3) 
of this definition, computer systems do not need to include these 
devices on shipment to meet this definition. This definition does not 
include server computers, gaming consoles, mobile telephones, portable 
hand-held calculators, portable digital assistants (PDAs), MP3 players, 
or any other mobile computing device with displays less than 4 inches, 
measured diagonally.
    Computer display means a display screen and its associated 
electronics encased in a single housing or within the computer housing 
(e.g., notebook or integrated desktop computer) that is capable of 
displaying output information from a computer via one or more inputs 
such as a VGA, DVI, USB, DisplayPort, and/or IEEE 1394-
2008TM, Standard for High Performance Serial Bus. Examples 
of computer display technologies are the cathode-ray tube (CRT) and 
liquid crystal display (LCD).
    Desktop computer means a computer where the main unit is intended 
to be located in a permanent location, often on a desk or on the floor. 
Desktops are not designed for portability and utilize an external 
computer display, keyboard, and mouse. Desktops are designed for a 
broad range of home and office applications.
    Electronic products means products that are dependent on electric 
currents or electromagnetic fields in order to work properly.
    Imaging equipment means the following products:
    (1) Copier--A commercially available imaging product with a sole 
function of the production of hard copy duplicates from graphic hard-
copy originals. The unit is capable of being powered from a wall outlet 
or from a data or network connection. This definition is intended to 
cover products that are marketed as copiers or upgradeable digital 
copiers (UDCs).
    (2) Digital duplicator--A commercially available imaging product 
that is sold in the market as a fully automated duplicator system 
through the method of stencil duplicating with digital reproduction 
functionality. The unit is capable of being powered from a wall outlet 
or from a data or network connection. This definition is intended to 
cover products that are marketed as digital duplicators.
    (3) Facsimile machine (fax machine)--A commercially available 
imaging product whose primary functions are scanning hard-copy 
originals for electronic transmission to remote units and receiving 
similar electronic transmissions to produce hard-copy output. 
Electronic transmission is primarily over a public telephone system but 
also may be via computer network or the Internet. The product also may 
be capable of producing hard copy duplicates. The unit is capable of 
being powered from a wall outlet or from a data or network connection. 
This definition is intended to cover products that are marketed as fax 
machines.
    (4) Mailing machine--A commercially available imaging product that 
serves to print postage onto mail pieces. The unit is capable of being 
powered from a wall outlet or from a data or network connection. This 
definition is intended to cover products that are marketed as mailing 
machines.
    (5) Multifunction device (MFD)--A commercially available imaging 
product, which is a physically integrated device or a combination of 
functionally integrated components, that performs two or more of the 
core functions of copying, printing, scanning, or faxing. The copy 
functionality as addressed in this definition is considered to be 
distinct from single-sheet convenience copying offered by fax machines. 
The unit is capable of being powered from a wall outlet or from a data 
or network connection. This definition is intended to cover products 
that are marketed as MFDs or multifunction products.
    (6) Printer--A commercially available imaging product that serves 
as a hard-copy output device and is capable of receiving information 
from single-user or networked computers, or other input devices (e.g., 
digital cameras). The unit is capable of being powered from a wall 
outlet or from a data or network connection. This definition is 
intended to cover products that are marketed as printers, including 
printers that can be upgraded into MFDs in the field.
    (7) Scanner--A commercially available imaging product that 
functions as an electro-optical device for converting information into 
electronic images that can be stored, edited, converted, or 
transmitted, primarily in a personal computing environment. The unit is 
capable of being powered from a wall outlet or from a data or network 
connection. This definition is intended

[[Page 35862]]

to cover products that are marketed as scanners.
    Integrated desktop computer means a desktop system in which the 
computer and computer display function as a single unit that receives 
its AC power through a single cable. Integrated desktop computers come 
in one of two possible forms:
    (1) A system where the computer display and computer are physically 
combined into a single unit; or
    (2) A system packaged as a single system where the computer display 
is separate but is connected to the main chassis by a DC power cord and 
both the computer and computer display are powered from a single power 
supply. As a subset of desktop computers, integrated desktop computers 
are typically designed to provide similar functionality as desktop 
systems.
    Notebook computer means a computer designed specifically for 
portability and to be operated for extended periods of time either with 
or without a direct connection to an AC power source. Notebooks must 
utilize an integrated computer display and be capable of operation off 
of an integrated battery or other portable power source. In addition, 
most notebooks use an external power supply and have an integrated 
keyboard and pointing device. Notebook computers are typically designed 
to provide similar functionality to desktops, including operation of 
software similar in functionality to that used in desktops. Docking 
stations are considered accessories for notebook computers, not 
notebook computers. Tablet PCs, which may use touch-sensitive screens 
along with, or instead of, other input devices, are considered notebook 
computers.
    Personal computer product means a computer, computer display, 
desktop computer, integrated desktop computer, or notebook computer.
    Television, or TV, means a commercially available electronic 
product designed primarily for the reception and display of audiovisual 
signals received from terrestrial, cable, satellite, Internet Protocol 
TV (IPTV), or other digital or analog sources. A TV consists of a 
tuner/receiver and a display encased in a single enclosure. The product 
usually relies upon a cathode-ray tube (CRT), liquid crystal display 
(LCD), plasma display, or other display technology. Televisions with 
computer capability (e.g., computer input port) may be considered to be 
a TV as long as they are marketed and sold to consumers primarily as 
televisions.

0
8. Revise section 23.704 to read as follows:


23.704  Electronic product environmental assessment tool.

    (a)(1) General. As required by E.O.s 13423 and 13514, agencies 
shall acquire Electronic Product Environmental Assessment Tool 
(EPEAT[supreg])-registered electronic products, unless--
    (i) There is no EPEAT[supreg] standard for such products; or
    (ii) The agency head, in accordance with agency procedures, 
determines that--
    (A) No EPEAT[supreg]-registered product meets agency requirements; 
or
    (B) The EPEAT[supreg]-registered product will not be cost effective 
over the life of the product.
    (2) This subpart applies to acquisitions of electronic products to 
be used in the United States, unless otherwise provided by agency 
procedures. When acquiring electronic products to be used outside the 
United States, agencies must use their best efforts to comply with this 
subpart.
    (b) Personal computer products, imaging equipment, and televisions. 
These are categories of EPEAT[supreg]-registered electronic products.
    (1) The IEEE 1680.1TM-2009 Standard for the 
Environmental Assessment of Personal Computer Products, the IEEE 
1680.2TM-2012 Standard for the Environmental Assessment of 
Imaging Equipment, and the IEEE 1680.3TM-2012 Standard for 
the Environmental Assessment of Televisions--
    (i) Were issued by the Institute of Electrical and Electronics 
Engineers, Inc., on March 5, 2010; October 19, 2012, and October 19, 
2012, respectively;
    (ii) Are voluntary consensus standards consistent with section 
12(d) of Pub. L. 104-113 (15 U.S.C. 272 note), the ``National 
Technology Transfer and Advancement Act of 1995,'' (see 11.102);
    (iii) Meets EPA-issued guidance on environmentally preferable 
products and services; and
    (iv) Are described in more detail at www.epa.gov/epeat.
    (2) A list of EPEAT[supreg] product categories and EPEAT[supreg]-
registered electronic products that are in conformance with these 
standards can be found at www.epa.gov/epeat.
    (3) EPEAT[supreg] electronic products are designated ``bronze-,'' 
``silver-,'' or ``gold-'' registered.
    (4) Agencies shall, at a minimum, acquire EPEAT[supreg] bronze-
registered products.
    (5) Agencies are encouraged to acquire EPEAT[supreg] silver- or 
gold-registered products.

0
9. Amend section 23.705 by redesignating paragraph (b) as paragraph 
(d), and adding new paragraphs (b) and (c), and revising the newly 
redesignated paragraph (d) to read as follows:


23.705  Contract clauses.

* * * * *
    (b)(1) Unless an exception applies in accordance with 23.704(a), 
insert the clause at 52.223-13, Acquisition of EPEAT[supreg]-Registered 
Imaging Equipment, in all solicitations and contracts when imaging 
equipment (copiers, digital duplicators, facsimile machines, mailing 
machines, multifunction devices, printers, and scanners) will be--
    (i) Delivered;
    (ii) Acquired by the contractor for use in performing services at a 
Federally controlled facility; or
    (iii) Furnished by the contractor for use by the Government.
    (2) Agencies may use the clause with its Alternate I when there are 
sufficient EPEAT[supreg] silver- or gold-registered products available 
to meet agency needs.
    (c)(1) Unless an exception applies in accordance with 23.704(a), 
insert the clause at 52.223-14, Acquisition of EPEAT[supreg]-Registered 
Televisions, in all solicitations and contracts when televisions will 
be--
    (i) Delivered;
    (ii) Acquired by the contractor for use in performing services at a 
Federally controlled facility; or
    (iii) Furnished by the contractor for use by the Government.
    (2) Agencies may use the clause with its Alternate I when there are 
sufficient EPEAT[supreg] silver- or gold-registered products available 
to meet agency needs.
    (d)(1) Unless an exception applies in accordance with 23.704(a), 
insert the clause at 52.223-16, Acquisition of EPEAT[supreg]-Registered 
Personal Computer Products, in all solicitations and contracts when 
personal computer products will be--
    (i) Delivered;
    (ii) Acquired by the contractor for use in performing services at a 
Federally controlled facility; or
    (iii) Furnished by the contractor for use by the Government.
    (2) Agencies may use the clause with its Alternate I when there are 
sufficient EPEAT[supreg] silver- or gold-registered products available 
to meet agency needs.

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY


39.101  [Amended]

0
10. Amend section 39.101 by removing from paragraph (b)(1)(ii) 
``(EPEAT[supreg])'' and adding ``(EPEAT)'' in its place.

[[Page 35863]]

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
11. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (b)(38) through (54) as paragraphs (b)(40) 
through (56);
0
c. Adding new paragraphs (b)(38) and (39); and
0
d. Revising the newly redesignated paragraph (b)(41).
    The revised and added text reads 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 (Jun 2014)

* * * * *
    (b) * * *
    ----(38)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered 
Imaging Equipment (Jun 2014)+(E.O.s 13423 and 13514).
    (ii) Alternate I (Jun 2014) of 52.223-13.
    ----(39)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered 
Televisions (Jun 2014) (E.O.s 13423 and 13514).
    (ii) Alternate I (Jun 2014) of 52.223-14.
* * * * *
    ----(41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered 
Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
    (ii) Alternate I (Jun 2014) of 52.223-16.
* * * * *

0
12. Add sections 52.223-13 and 52.223-14 to read as follows:


52.223-13  Acquisition of EPEAT[supreg]-Registered Imaging Equipment.

    As prescribed in 23.705(b)(1), insert the following clause:

Acquisition of Epeat[supreg]-Registered Imaging Equipment (Jun 2014)

    (a) Definitions. As used in this clause--
    Imaging equipment means the following products:
    (1) Copier--A commercially available imaging product with a sole 
function of the production of hard copy duplicates from graphic hard-
copy originals. The unit is capable of being powered from a wall outlet 
or from a data or network connection. This definition is intended to 
cover products that are marketed as copiers or upgradeable digital 
copiers (UDCs).
    (2) Digital duplicator--A commercially available imaging product 
that is sold in the market as a fully automated duplicator system 
through the method of stencil duplicating with digital reproduction 
functionality. The unit is capable of being powered from a wall outlet 
or from a data or network connection. This definition is intended to 
cover products that are marketed as digital duplicators.
    (3) Facsimile machine (fax machine)--A commercially available 
imaging product whose primary functions are scanning hard-copy 
originals for electronic transmission to remote units and receiving 
similar electronic transmissions to produce hard-copy output. 
Electronic transmission is primarily over a public telephone system but 
also may be via computer network or the Internet. The product also may 
be capable of producing hard copy duplicates. The unit is capable of 
being powered from a wall outlet or from a data or network connection. 
This definition is intended to cover products that are marketed as fax 
machines.
    (4) Mailing machine--A commercially available imaging product that 
serves to print postage onto mail pieces. The unit is capable of being 
powered from a wall outlet or from a data or network connection. This 
definition is intended to cover products that are marketed as mailing 
machines.
    (5) Multifunction device (MFD)--A commercially available imaging 
product, which is a physically integrated device or a combination of 
functionally integrated components, that performs two or more of the 
core functions of copying, printing, scanning, or faxing. The copy 
functionality as addressed in this definition is considered to be 
distinct from single-sheet convenience copying offered by fax machines. 
The unit is capable of being powered from a wall outlet or from a data 
or network connection. This definition is intended to cover products 
that are marketed as MFDs or multifunction products.
    (6) Printer--A commercially available imaging product that serves 
as a hard-copy output device and is capable of receiving information 
from single-user or networked computers, or other input devices (e.g., 
digital cameras). The unit is capable of being powered from a wall 
outlet or from a data or network connection. This definition is 
intended to cover products that are marketed as printers, including 
printers that can be upgraded into MFDs in the field.
    (7) Scanner--A commercially available imaging product that 
functions as an electro-optical device for converting information into 
electronic images that can be stored, edited, converted, or 
transmitted, primarily in a personal computing environment. The unit is 
capable of being powered from a wall outlet or from a data or network 
connection. This definition is intended to cover products that are 
marketed as scanners.
    (b) Under this contract, the Contractor shall deliver, furnish for 
Government use, or furnish for Contractor use at a Federally controlled 
facility, only imaging equipment that, at the time of submission of 
proposals and at the time of award, was EPEAT[supreg] bronze-registered 
or higher.
    (c) For information about EPEAT[supreg], see www.epa.gov/epeat.
    (End of clause)
    Alternate I (Jun 2014). As prescribed in 23.705(b)(2), substitute 
the following paragraph (b) for paragraph (b) of the basic clause:
    (b) Under this contract, the Contractor shall deliver, furnish for 
Government use, or furnish for contractor use at a Federally controlled 
facility, only imaging equipment that, at the time of submission of 
proposals and at the time of award, was EPEAT silver-registered or 
gold-registered.


52.223-14  Acquisition of EPEAT[supreg]-Registered Televisions.

    As prescribed in 23.705(c)(1), insert the following clause:

Acquisition of Epeat[supreg]-Registered Televisions (Jun 2014)

    (a) Definitions. As used in this clause--
    Television or TV means a commercially available electronic product 
designed primarily for the reception and display of audiovisual signals 
received from terrestrial, cable, satellite, Internet Protocol TV 
(IPTV), or other digital or analog sources. A TV consists of a tuner/
receiver and a display encased in a single enclosure. The product 
usually relies upon a cathode-ray tube (CRT), liquid crystal display 
(LCD), plasma display, or other display technology. Televisions with 
computer capability (e.g., computer input port) may be considered to be 
a TV as long as they are marketed and sold to consumers primarily as 
televisions.
    (b) Under this contract, the Contractor shall deliver, furnish for 
Government use, or furnish for Contractor use at a Federally controlled 
facility, only televisions that, at the time of submission of proposals 
and at the time of award, were EPEAT[supreg] bronze-registered or 
higher.
    (c) For information about EPEAT[supreg], see www.epa.gov/epeat.
    (End of clause)

[[Page 35864]]

    Alternate I (Jun 2014). As prescribed in 23.705(c)(2), substitute 
the following paragraph (b) for paragraph (b) of the basic clause:
    (b) Under this contract, the Contractor shall deliver, furnish for 
Government use, or furnish for Contractor use at a Federally controlled 
facility, only televisions that, at the time of submission of proposals 
and at the time of award, were EPEAT[supreg] silver-registered or gold-
registered.

0
13. Revise section 52.223-16 to reads as follows:


52.223-16  Acquisition of EPEAT-Registered Personal Computer Products.

    As prescribed in 23.705(d)(1), insert the following clause:

Acquisition of Epeat[supreg]-Registered Personal Computer Products (Jun 
2014)

    (a) Definitions. As used in this clause--
    Computer means a device that performs logical operations and 
processes data. Computers are composed of, at a minimum:
    (1) A central processing unit (CPU) to perform operations;
    (2) User input devices such as a keyboard, mouse, digitizer, or 
game controller; and
    (3) A computer display screen to output information. Computers 
include both stationary and portable units, including desktop 
computers, integrated desktop computers, notebook computers, thin 
clients, and workstations. Although computers must be capable of using 
input devices and computer displays, as noted in (2) and (3) above, 
computer systems do not need to include these devices on shipment to 
meet this definition. This definition does not include server 
computers, gaming consoles, mobile telephones, portable hand-held 
calculators, portable digital assistants (PDAs), MP3 players, or any 
other mobile computing device with displays less than 4 inches, 
measured diagonally.
    Computer display means a display screen and its associated 
electronics encased in a single housing or within the computer housing 
(e.g., notebook or integrated desktop computer) that is capable of 
displaying output information from a computer via one or more inputs 
such as a VGA, DVI, USB, DisplayPort, and/or IEEE 1394-
2008TM, Standard for High Performance Serial Bus. Examples 
of computer display technologies are the cathode-ray tube (CRT) and 
liquid crystal display (LCD).
    Desktop computer means a computer where the main unit is intended 
to be located in a permanent location, often on a desk or on the floor. 
Desktops are not designed for portability and utilize an external 
computer display, keyboard, and mouse. Desktops are designed for a 
broad range of home and office applications.
    Integrated desktop computer means a desktop system in which the 
computer and computer display function as a single unit that receives 
its AC power through a single cable. Integrated desktop computers come 
in one of two possible forms:
    (1) A system where the computer display and computer are physically 
combined into a single unit; or
    (2) A system packaged as a single system where the computer display 
is separate but is connected to the main chassis by a DC power cord and 
both the computer and computer display are powered from a single power 
supply. As a subset of desktop computers, integrated desktop computers 
are typically designed to provide similar functionality as desktop 
systems.
    Notebook computer means a computer designed specifically for 
portability and to be operated for extended periods of time either with 
or without a direct connection to an AC power source. Notebooks must 
utilize an integrated computer display and be capable of operation off 
of an integrated battery or other portable power source. In addition, 
most notebooks use an external power supply and have an integrated 
keyboard and pointing device. Notebook computers are typically designed 
to provide similar functionality to desktops, including operation of 
software similar in functionality to that used in desktops. Docking 
stations are considered accessories for notebook computers, not 
notebook computers. Tablet PCs, which may use touch-sensitive screens 
along with, or instead of, other input devices, are considered notebook 
computers.
    Personal computer product means a computer, computer display, 
desktop computer, integrated desktop computer, or notebook computer.
    (b) Under this contract, the Contractor shall deliver, furnish for 
Government use, or furnish for Contractor use at a Federally controlled 
facility, only personal computer products that, at the time of 
submission of proposals and at the time of award, were EPEAT[supreg] 
bronze-registered or higher.
    (c) For information about EPEAT, see www.epa.gov/epeat.
    (End of clause)
    Alternate I (Jun 2014). As prescribed in 23.705(d)(2), substitute 
the following paragraph (b) for paragraph (b) of the basic clause:
    (b) Under this contract, the Contractor shall deliver, furnish for 
Government use, or furnish for Contractor use at a Federally controlled 
facility, only personal computer products that, at the time of 
submission of proposals and at the time of award, were EPEAT[supreg] 
silver-registered or gold-registered.

[FR Doc. 2014-14376 Filed 6-23-14; 8:45 am]
BILLING CODE 6820-EP-P