Federal Acquisition Regulation; Environmentally Sound Products (PDF) by ifs10909

VIEWS: 0 PAGES: 5

									              Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations                                 44809

the National Aeronautics and Space               ACTION:Interim rule adopted as final             This action is being taken to implement the
Administration certify that this final           with changes.                                 Resource Conservation and Recovery Act
rule will not have a significant                                                               (RCRA) (42 U.S.C. 6901, et seq.), as amended;
economic impact on a substantial                 SUMMARY:    The Civilian Agency               Executive Order 12873, Federal Acquisition,
number of small entities within the              Acquisition Council and the Defense           Recycling, and Waste Prevention; Executive
                                                 Acquisition Regulations Council have          Order 12902, Energy Efficiency and Water
meaning of the Regulatory Flexibility
                                                 agreed to adopt as final, with changes,       Conservation at Federal Facilities; and Office
Act, 5 U.S.C. 601, et seq., because most                                                       of Federal Procurement Policy (OFPP) Policy
contracts awarded to small entities use          the interim rule published as Item II of
                                                 Federal Acquisition Circular 90–27 on         Letter 92–4, Procurement of
simplified acquisition procedures or are                                                       Environmentally-Sound and Energy-Efficient
awarded on a competitive fixed-price             May 31, 1995. The rule amends the
                                                                                               Products and Services.
basis and do not require application of          Federal Acquisition Regulation (FAR) to          The objective of this rule is to amend the
the cost principle contained in this rule.       incorporate policies for the acquisition      FAR to clearly reflect the Government’s
                                                 of environmentally preferable and             preference for the acquisition of
C. Paperwork Reduction Act                       energy-efficient products and services.       environmentally-sound and energy-efficient
  The Paperwork Reduction Act does               This regulatory action was not subject to     products and services and to establish an
not apply because the changes to the             Office of Management and Budget               affirmative procurement program favoring
FAR do not impose recordkeeping or               review under Executive Order 12866,           items containing the maximum practicable
information collection requirements, or          dated September 30, 1993, and is not a        content of recovered materials. The rule also
collections of information from offerors,        major rule under 5 U.S.C. 804.                implements policies for procurement of items
                                                                                               for which the Environmental Protection
contractors, or members of the public            DATE: Effective October 21, 1997.
                                                                                               Agency (EPA) has designated minimum
which require the approval of the Office         FOR FURTHER INFORMATION CONTACT: The          recovered material content.
of Management and Budget under 44                FAR Secretariat, Room 4035, GS                   We received no public comments which
U.S.C. 3501, et seq. The interim rule            Building, Washington, DC 20405 (202)          specifically addressed the Initial Regulatory
deleted a reporting and recordkeeping            501–4755 for information pertaining to        Flexibility Analysis.
requirement at FAR 31.205–2 under                status or publication schedules. For             The final rule’s policies regarding
OMB Control Number 9000–0072.                    clarification of content, contact Mr.         acceptable new and used materials apply to
                                                 Ralph De Stefano, Procurement Analyst,        all small and large entities that perform or
List of Subjects in 48 CFR Parts 1 and                                                         propose to perform Government contracts.
31                                               at (202) 501–1758. Please cite FAC 97–
                                                                                               No statistics are maintained on the number
                                                 01, FAR case 92–054A.
  Government procurement.                                                                      of offerors that propose used, reconditioned,
                                                 SUPPLEMENTARY INFORMATION:                    or remanufactured materials for use under
Interim Rule Adopted as Final Without                                                          Government contracts.
Change                                           A. Background                                    The requirements for minimum recovered
                                                    An interim rule was published in the       material content for EPA-designated items
  Accordingly, the interim rule
                                                 Federal Register at 60 FR 28494, May          apply to all entities that supply such items,
amending 48 CFR Parts 1 and 31 which                                                           with a value exceeding $10,000 per year, to
was published at 61 FR 69287,                    31, 1995. Ninety comments were
                                                 received from 18 respondents.                 the Government. However, the final rule
December 31, 1996, is adopted as a final                                                       exempts procurements under the simplified
rule without change.                                The Councils’ analysis of those
                                                                                               acquisition threshold of $100,000 from
                                                 comments resulted in revisions to the         recovered material content reporting
  Authority: 40 U.S.C. 486(c); 10 U.S.C.         rule to: revise the definitions of ‘‘new’’
chapter 137; and 42 U.S.C. 2473(c).                                                            requirements. Based on Fiscal Year 1995
                                                 and ‘‘reconditioned’’ at 11.001 and in        Governmentwide procurement statistics for
  Dated: August 7, 1997                          the clause at 52.211–5; delete the            Federal Supply/Service Codes which
Edward C. Loeb,                                  definitions of ‘‘material’’ and ‘‘other       comprise EPA-designated items, we estimate
Director, Federal Acquisition Policy Division.   than new’’ at 11.001 and in the clause        that the Federal Government receives
[FR Doc. 97–21489 Filed 8–21–97; 8:45 am]        at 52.211–5; add Executive Order No.          approximately 20,875 covered proposals per
BILLING CODE 6820–EP–P                           12909 of March 8, 1994, to the list of        year from small entities, and awards
                                                 statutory authorities at 11.002; clarify      approximately 2,280 covered contracts per
                                                 the policy on acceptability of used,          year to small entities.
DEPARTMENT OF DEFENSE                            reconditioned, or remanufactured                 Several reporting requirements were
                                                                                               streamlined or eliminated in this final rule.
                                                 supplies, and former Government
GENERAL SERVICES                                                                               Certifications of recovered material content
                                                 surplus property proposed for use under       are now required only in response to
ADMINISTRATION                                   a contract; delete the definition of          solicitations which are for, or which specify
                                                 ‘‘source reduction’’ at 15.601; delete all    the use of, EPA-designated items. Such
NATIONAL AERONAUTICS AND                         requirements related to ‘‘agency              certifications are no longer required on an
SPACE ADMINISTRATION                             designated items’’ in Subpart 23.4; add       annual basis and are required only under
                                                 a definition of ‘‘pollution prevention’’ at   contracts which exceed the simplified
48 CFR Parts 1, 10, 11, 13, 15, 23, 36,          23.703; streamline the clauses at             acquisition threshold.
42, and 52                                       52.211–5 through 52.211–7 by                     Reporting requirements related to agency-
                                                 combining their requirements into the         designated items have been eliminated.
[FAC 97–01; FAR Case 92–054A; Item V]            clause at 52.211–5; eliminate the                We considered elimination of the
                                                 solicitation provision at 52.223–8; and       requirement that an offeror notify the
RIN 9000–AG40                                                                                  contracting officer when the offeror proposes
                                                 streamline the clause at 52.223–9.            the use of used, remanufactured, or
Federal Acquisition Regulation;                  B. Regulatory Flexibility Act                 reconditioned supplies. However, we
Environmentally Sound Products                                                                 determined that use of such supplies under
                                                   A Final Regulatory Flexibility              many contracts might be unacceptable. The
AGENCIES: Department of Defense (DoD),           Analysis (FRFA) has been performed. A         notification requirement will allow
General Services Administration (GSA),           copy of the FRFA may be obtained from         contracting officers to continue to decide on
and National Aeronautics and Space               the FAR Secretariat. The FRFA is              a case-by-case basis whether to permit use of
Administration (NASA).                           summarized as follows:                        such supplies.
44810            Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations

C. Paperwork Reduction Act                        material, or materials and by-products              former Government surplus property,
  The Paperwork Reduction Act (44                 generated from, and reused within, an               proposed for use under the contract.
U.S.C. 3501, et seq.) is deemed to apply          original manufacturing process;                     Such supplies or property may not be
because the final rule contains                   provided that the supplies meet contract            used in contract performance unless
information collection requirements.              requirements, including, but not limited            authorized by the contracting officer.
The final rule reduces the information            to, performance, reliability, and life                (c) When acquiring commercial items,
collection requirements contained in the          expectancy.                                         the contracting officer shall consider the
interim rule and approved by the Office              Reconditioned means restored to the              customary practices in the industry for
of Management and Budget (OMB)                    original normal operating condition by              the item being acquired. The contracting
under OMB Control Number 9000–0134.               readjustments and material                          officer may require offerors to provide
                                                  replacement.                                        information on used, reconditioned, or
List of Subjects in 48 CFR Parts 1, 10,              Recovered material has the meaning               remanufactured supplies, or unused
11, 13, 15, 23, 36, 42, and 52                    provided such term in 23.402.                       former Government surplus property,
  Government procurement.                            Remanufactured means factory rebuilt             proposed for use under the contract.
  Dated: August 7, 1997.
                                                  to original specifications.                         The request for such information shall
                                                     Virgin material means previously                 be included in the solicitation and shall,
Edward C. Loeb,
                                                  unused raw material, including                      to the maximum practicable extent, be
Director, Federal Acquisition Policy Division.    previously unused copper, aluminum,                 limited to information provided
Interim Rule Adopted as Final With                lead, zinc, iron, other metal or metal              pursuant to normal commercial
Changes                                           ore, or any undeveloped resource that               practices.
  Accordingly, the interim rule                   is, or with new technology will become,
                                                  a source of raw materials.                          11.302   Contract clause.
amending 48 CFR Parts 1, 7, 10, 11, 13,
15, 23, 36, 42, and 52, which was                    5. Section 11.002 is amended in                     Except when acquiring commercial
published at 60 FR 28494, May 31,                 paragraph (d) by revising the first                 items, the contracting officer shall insert
1995, is hereby adopted as final with the         sentence to read as follows:                        the clause at 52.211–5, Material
following changes:                                                                                    Requirements, in solicitations and
                                                  11.002    Policy.
  1. The authority citation for 48 CFR                                                                contracts for supplies.
                                                  *      *     *    *     *
Parts 1, 7, 10, 11, 13, 15, 23, 36, 42, and
                                                     (d) The Resource Conservation and                PART 13—SIMPLIFIED ACQUISITION
52 continues to read as follows:
                                                  Recovery Act of 1976 (42 U.S.C. 6901,               PROCEDURES
  Authority: 40 U.S.C. 486(c); 10 U.S.C.          et seq.), as amended, Executive Order
chapter 137; and 42 U.S.C. 2473(c).               12873, dated October 20, 1993, and                    8. Section 13.111 is amended by
                                                  Executive Order 12902, dated March 8,               revising paragraph (h) to read as
PART 1—FEDERAL ACQUISITION                                                                            follows:
                                                  1994, establish requirements for the
REGULATIONS SYSTEM
                                                  procurement of products containing                  13.111 Inapplicable provisions and
1.106    [Amended]                                recovered materials, and                            clauses.
   2. Section 1.106 is amended in the list        environmentally preferable and energy-              *      *    *     *     *
following the introductory paragraph by           efficient products and services. * * *
                                                                                                         (h) 52.223–9, Certification and
removing the entries ‘‘52.210–5’’ and             *      *     *    *     *                           Estimate of Percentage of Recovered
‘‘52.210–6’’ and the corresponding OMB               6. Section 11.101 is amended by                  Material Content for EPA Designated
control numbers ‘‘9000–0030’’ in both             revising paragraph (b) to read as follows:          Items.
places; and by adding the following
                                                  11.101 Order of precedence for
entries in numerical order:                                                                           PART 15—CONTRACTING BY
                                                  requirements documents.
                                                                                                      NEGOTIATION
                                     OMB con-     *             *    *     *     *
          FAR segment                 trol No.              (b) Agencies should prepare product       15.601   [Amended]
                                                         descriptions to achieve maximum                9. Section 15.601 is amended by
   *         *               *               *       *   practicable use of recovered material,       removing the definition ‘‘Source
52.211–5 ...................................   9000–0030 other materials that are environmentally     reduction’’.
                                                         preferable, and products that are energy-      10. Section 15.605 is amended by
   *         *               *               *       *   efficient (see subparts 23.4 and 23.7).
52.223–4 ...................................   9000–0134                                              revising paragraph (b)(1)(iv) to read as
                                                            7. Subpart 11.3, consisting of sections   follows:
   *         *               *               *       *   11.301 and 11.302, is revised to read as
52.223–8 ...................................   9000–0134 follows:                                     15.605   Evaluation factors and subfactors.
                                                                                                      *      *    *    *     *
   *         *          *        *         *      Subpart 11.3—Acceptable Material
                                                                                                         (b) * * *
                                                  11.301    Policy.                                      (1) * * *
PART 11—DESCRIBING AGENCY                           (a) Agencies shall not require virgin                (iv) Environmental objectives, such as
NEEDS                                             material or supplies composed of or                 promoting waste reduction and energy
                                                  manufactured using virgin material                  efficiency (see part 23), also shall be
  3.–4. Section 11.001 is revised to read
                                                  unless compelled by law or regulation               considered in every source selection,
as follows:
                                                  or unless virgin material is vital for              when appropriate. These considerations
11.001   Definitions.                             safety or meeting performance                       may be expressed in terms such as
  As used in this part—                           requirements of the contract.                       resource or energy conservation,
  New means composed of previously                  (b) Except when acquiring                         pollution prevention, waste
unused components, whether                        commercial items, agencies shall require            minimization, and recovered material
manufactured from virgin material,                offerors to identify used, reconditioned,           content.
recovered material in the form of raw             or remanufactured supplies, or unused               *      *    *    *     *
              Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations                         44811

PART 23—ENVIRONMENT,                       247 and accompanying RMAN’s. The                  15. Section 23.703 is amended by
CONSERVATION, OCCUPATIONAL                 RMAN cites the applications for which          adding an introductory sentence and, in
SAFETY, AND DRUG-FREE                      the EPA items have been designated and         alphabetical order, the definition
WORKPLACE                                  the percentages of recovered material          ‘‘Pollution prevention’’; and by revising
                                           content.                                       the definition ‘‘Waste prevention’’ to
  11. Section 23.400 is revised to read       (2) For EPA designated items,               read as follows:
as follows:                                agencies shall establish an affirmative
                                           procurement program. The                       23.703   Definitions.
23.400   Scope of subpart.
                                           responsibilities for preparation,                 As used in this subpart—
   This subpart prescribes policies and
                                           implementation, and monitoring of              *      *    *     *    *
procedures for acquisition of—                                                               Pollution prevention means any
   (a) Environmental Protection Agency     affirmative procurement programs shall
                                           be shared between technical or                 practice that—
(EPA) designated items for which                                                             (1) Reduces the amount of any
agencies must develop and implement        requirements personnel and
                                           procurement personnel. As a minimum,           hazardous substance, pollutant, or
affirmative procurement programs                                                          contaminant entering any waste stream
pursuant to 42 U.S.C. 6901, et seq., and   such programs shall include—
                                              (i) A recovered materials preference        or otherwise released into the
Executive Order 12873; and                                                                environment (including fugitive
   (b) Other products when preference is   program;
                                              (ii) An agency promotion program;           emissions) prior to recycling, treatment,
given to offers of products containing                                                    or disposal, and reduces the hazards to
recovered material.                           (iii) A program for requiring
                                           reasonable estimates, certification, and       public health and the environment
23.401   [Amended]                         verification of recovered material used        associated with the release of such
   12. Section 23.401 is amended in the    in the performance of contracts; and           substances, pollutants, and
first sentence of paragraph (c) by            (iv) Annual review and monitoring of        contaminants; or
inserting ‘‘as amended,’’ following        the effectiveness of the program.                 (2) Reduces or eliminates the creation
‘‘October 20, 1993,’’.                        (3) Acquisition of EPA designated           of pollutants through increased
   13. Section 23.402 is amended by        items that do not meet the EPA                 efficiency in the use of raw materials,
adding an introductory sentence and        minimum recovered material standards           energy, water, or other resources.
revising the definitions ‘‘EPA             shall be approved by an official               *      *    *     *    *
designated item’’ and ‘‘Postconsumer       designated by the agency head based on            Waste prevention means any change
material’’ to read as follows:             a written determination that the items—        in the design, manufacturing, purchase,
                                              (i) Are not available within a              or use of materials or products
23.402   Definitions.                      reasonable period of time;                     (including packaging) to reduce their
   As used in this subpart—                   (ii) Are available only at unreasonable     amount or toxicity before they become
   EPA designated item means an item—      prices;                                        municipal solid waste. Waste
   (1) That is or can be made with            (iii) Are not available from a sufficient   prevention also refers to the reuse of
recovered material;                        number of sources to maintain a                products or materials.
   (2) That is listed by EPA in a          satisfactory level of competition; or          *      *    *     *    *
procurement guideline (40 CFR part            (iv) Based on technical verification,          16. Section 23.704 is revised to read
247); and                                  fail to meet performance standards in          as follows:
   (3) For which EPA has provided          the specifications. Technical or
purchasing recommendations in a            requirements personnel shall provide a         23.704   Policy.
related Recovered Materials Advisory       written statement when this                       (a) Agencies shall implement cost-
Notice (RMAN).                             determination is used partially or totally     effective contracting preference
   Postconsumer material means a           as a basis for an exemption. This              programs favoring the acquisition of
material or finished product that has      determination shall be made on the             environmentally preferable and energy-
served its intended use and has been       basis of National Institute of Standards       efficient products and services, and
diverted or recovered from waste           and Technology guidelines in any case          shall employ acquisition strategies that
destined for disposal, having completed    in which the material is covered by            affirmatively implement the objectives
its life as a consumer item.               these guidelines.                              in paragraph (b) of this section.
Postconsumer material is a part of the        (4) Contractor certifications required         (b) The following environmental
broader category of ‘‘recovered            by the clause at 52.223–9 shall be             objectives shall be addressed throughout
material.’’                                consolidated and reported in                   the acquisition process:
*      *      *    *     *                 accordance with agency procedures.                (1) Obtaining products and services
   14. Sections 23.404 and 23.405 are                                                     considered to be environmentally
                                           23.405 Solicitation provision and contract     preferable (based on EPA-issued
revised to read as follows:
                                           clause.                                        guidance).
23.404   Procedures.                          (a) The contracting officer shall insert       (2) Obtaining products considered to
   (a) Applicability. These procedures     the provision at 52.223–4, Recovered           be energy-efficient; i.e., products that
apply to all agency acquisitions of EPA    Material Certification, in solicitations       are in the upper 25 percent of energy-
designated items when—                     that are for, or specify the use of,           efficiency for all similar products, or
   (1) The price of the item exceeds       recovered materials.                           products that are at least 10 percent
$10,000; or                                   (b) The contracting officer shall insert    more efficient than the minimum level
   (2) The aggregate amount paid for       the clause at 52.223–9, Certification and      that meets Federal standards (see
items, or for functionally equivalent      Estimate of Percentage of Recovered            Executive Order 12902, Section 507).
items, in the preceding fiscal year was    Material Content for EPA Designated               (3) Eliminating or reducing the
$10,000 or more.                           Items, in contracts exceeding the              generation of hazardous waste and the
   (b) EPA designated items. (1) EPA       simplified acquisition threshold that are      need for special material processing
designates items that are or can be made   for, or specify the use of, an EPA             (including special handling, storage,
with recovered materials in 40 CFR part    designated item.                               treatment, and disposal).
44812        Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations

  (4) Promoting the use of                    whether they adversely impact contract             (e) Used, reconditioned, or remanufactured
nonhazardous and recovered materials.         performance or contract cost, and                supplies, or unused former Government
  (5) Realizing life-cycle cost savings.      ensure contractor compliance with                surplus property, shall not be used unless the
  (6) Promoting cost-effective waste                                                           Contractor has proposed the use of such
                                              environmental requirements specified             supplies, and the Contracting Officer has
reduction when creating plans,                in the contract. Contracting officer             authorized their use.
drawings, specifications, standards, and      responsibilities include, but are not
other product descriptions authorizing                                                         (End of clause)
                                              limited to—
material substitutions, extensions of            (i) Ensuring compliance with                  52.211–6 and 52.211–7      [Removed and
shelf-life, and process improvements.         specifications requiring the use of              Reserved]
                                              environmentally preferable and energy-             22. Sections 52.211–6 and 52.211–7
PART 36—CONSTRUCTION AND                      efficient materials and the use of               are removed and reserved.
ARCHITECT-ENGINEER CONTRACTS                  materials or delivery of end items with            23. Section 52.223–4 is revised to read
  17. Section 36.601–3 is amended by          the specified recovered material                 as follows:
revising paragraph (a) to read as follows:    content. This shall occur as part of the
                                              quality assurance procedures set forth in        52.223–4    Recovered Material Certification.
36.601–3 Applicable contracting               part 46.                                           As prescribed in 23.405(a), insert the
procedures.                                                                                    following provision:
                                              *      *    *     *    *
   (a) For facility design contracts, the                                                      Recovered Material Certification (Oct 1997)
statement of work shall require that the      PART 52—SOLICITATION PROVISIONS                    As required by the Resource Conservation
architect-engineer specify, in the            AND CONTRACT CLAUSES                             and Recovery Act of 1976 (42 U.S.C.
construction design specifications, use                                                        6962(c)(3)(A)(i)), the offeror certifies, by
of the maximum practicable amount of            21. Section 52.211–5 is revised to read        signing this offer, that the percentage of
recovered materials consistent with the       as follows:                                      recovered materials to be used in the
performance requirements, availability,                                                        performance of the contract will be at least
                                              52.211–5   Material Requirements.                the amount required by the applicable
price reasonableness, and cost-
effectiveness. Where appropriate, the           As prescribed in 11.302, insert the            contract specifications.
statement of work also shall require the      following clause:                                (End of provision)
architect-engineer to consider energy         Material Requirements (Oct 1997)
                                                                                               52.223–8    [Removed and reserved]
conservation, pollution prevention, and          (a) Definitions.
waste reduction to the maximum extent            As used in this clause—                         24. Section 52.223–8 is removed and
practicable in developing the                    New means composed of previously              reserved.
                                              unused components, whether manufactured            25. Section 52.223–9 is revised to read
construction design specifications.
                                              from virgin material, recovered material in      as follows:
*      *     *     *     *                    the form of raw material, or materials and by-
   18. Section 36.602–1 is amended by         products generated from, and reused within,      52.223–9 Certification and Estimate of
revising paragraph (a)(2) to read as          an original manufacturing process; provided      Percentage of Recovered Material Content
follows:                                      that the supplies meet contract requirements,    for EPA Designated Items.
                                              including but not limited to, performance,         As prescribed in 23.405(b), insert the
36.602–1   Selection criteria.                reliability, and life expectancy.                following clause:
  (a) * * *                                      Reconditioned means restored to the           Certification and Estimate of Percentage of
  (2) Specialized experience and              original normal operating condition by           Recovered Material Content For EPA
technical competence in the type of           readjustments and material replacement.          Designated Items (Oct 1997)
work required, including, where                  Recovered material means waste materials
                                              and by-products that have been recovered or        (a) As required by the Resource
appropriate, experience in energy                                                              Conservation and Recovery Act of 1976 (42
conservation, pollution prevention,           diverted from solid waste including
                                              postconsumer material, but such term does        U.S.C. 6962(j)(2)(C)), the Contractor shall
waste reduction, and the use of                                                                execute the following certification:
                                              not include those materials and by-products
recovered materials;                          generated from, and commonly reused              Certification
*     *     *    *     *                      within, an original manufacturing process.         I,          (name of certifier), am an officer
  19. Section 36.602–3 is amended by             Remanufactured means factory rebuilt to       or employee responsible for the performance
revising paragraph (c) to read as follows:    original specifications.                         of this contract and hereby certify that the
                                                 Virgin material means previously unused       percentage of recovered material content for
36.602–3 Evaluation board functions.          raw material, including previously unused        EPA Designated Items was at least the
*     *      *     *    *                     copper, aluminum, lead, zinc, iron, other        amount required by the applicable contract
  (c) Hold discussions with at least          metal or metal ore, or any undeveloped           specifications.
three of the most highly qualified firms      resource that is, or with new technology will
regarding concepts and the relative           become, a source of raw materials.               [Signature of the Officer or Employee]
utility of alternative methods of                (b) Unless this contract otherwise requires
                                              virgin material or supplies composed of or
furnishing the required services.             manufactured from virgin material, the           [Typed Name of the Officer or Employee]
*     *      *     *    *                     Contractor shall provide supplies that are
                                              new, as defined in this clause.                  [Title]
PART 42—CONTRACT                                 (c) A proposal to provide unused former
ADMINISTRATION                                Government surplus property shall include a      [Name of Company, Firm, or Organization]
                                              complete description of the material, the
  20. Section 42.302 is amended by            quantity, the name of the Government agency      [Date]
revising paragraph (a)(68) introductory       from which acquired, and the date of
text and (a)(68)(i) to read as follows:       acquisition.                                     (End of certification)
                                                 (d) A proposal to provide used,                 (b) The Contractor also shall estimate the
42.302   Contract administration functions.   reconditioned, or remanufactured supplies        percentage of recovered materials actually
  (a) * * *                                   shall include a detailed description of such     used in the performance of this contract. The
  (68) Evaluate the contractor’s              supplies and shall be submitted to the           estimate is in addition to the certification in
environmental practices to determine          Contracting Officer for approval.                paragraph (a) of this clause.
                Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations                                                    44813

                    ESTIMATE                                         reflect the provisions of Section             FAR do not impose recordkeeping or
                                                                     4301(b)(2) of the Clinger-Cohen Act of        information collection requirements, or
                                            Percentage of 1996 (Pub. L. 104–106). Section                          collections of information from offerors,
                      Total dollar
 EPA des-            value of EPA
   ignated                                  recovered ma- 4301(b)(2) prohibits the inclusion of a                  contractors, or members of the public
                      designated
      item                                  terial content * new certification requirement in the                  which require the approval of the Office
                           item
                                                                     FAR for contractors or offerors unless        of Management and Budget under 44
.................. ........................ ........................ the certification requirement is              U.S.C. 3501, et seq.
.................. ........................ ........................ specifically imposed by statute, or
.................. ........................ ........................ unless written justification for such
                                                                                                                   List of Subjects in 48 CFR Part 1
                                                                     certification requirement is provided to        Government procurement.
    * Where applicable, also include the percent-
age of postconsumer material content.                                the Administrator for Federal                   Dated: August 7, 1997.
                                                                     Procurement Policy by the FAR Council         Edward C. Loeb,
    (c) The Contractor shall submit this
certification and estimate upon completion of
                                                                     and the Administrator approves in             Director, Federal Acquisition Policy Division.
the contract to                                                      writing the inclusion of the certification.
                                                                                                                     Therefore, 48 CFR Part 1 is amended
                                                                     This regulatory action was not subject to
                                                                                                                   as set forth below:
    *To be completed in accordance with                              Office of Management and Budget
agency procedures.                                                   review under Executive Order 12866,           PART 1—FEDERAL ACQUISITION
(End of clause)
                                                                     dated September 30, 1993, and is not a        REGULATIONS SYSTEM
                                                                     major rule under 5 U.S.C. 804.
    26. Section 52.223–10 is amended by                                                                              1. The authority citation for 48 CFR
                                                                     DATES: Effective October 21, 1997.
revising the clause date and paragraph                                                                             Part 1 continues to read as follows:
(b) to read as follows:                                              FOR FURTHER INFORMATION CONTACT: The
                                                                     FAR Secretariat, Room 4035, GS                  Authority: 40 U.S.C. 486(c); 10 U.S.C.
52.223–10 Waste Reduction Program.                                   Building, Washington, DC 20405 (202)          chapter 137; and 42 U.S.C. 2473(c).
*         *        *       *         *                               501–4755 for information pertaining to          2. Section 1.107 is added to read as
Waste Reduction Program (Oct 1997)                                   status or publication schedules. For          follows:
                                                                     clarification of content, contact Mr.
*         *        *       *         *                                                                             1.107   Certifications.
    (b) Consistent with the requirements of
                                                                     Ralph De Stefano, Procurement Analyst,
                                                                     at (202) 501–1758. Please cite FAC 97–          In accordance with Section 29 of the
Section 701 of Executive Order 12873, the
                                                                     01, FAR case 96–329.                          Office of Federal Procurement Policy
Contractor shall establish a program to
promote cost-effective waste reduction in all                                                                      Act (41 U.S.C. 425), as amended by
                                                         SUPPLEMENTARY INFORMATION:                                Section 4301 of the Clinger-Cohen Act
operations and facilities covered by this
contract. Any such program shall comply                  A. Background                                             of 1996 (Public Law 104–106), a new
with applicable Federal, State, and local                                                                          requirement for a certification by a
                                                           This final rule adds a new section at
requirements, specifically including Section                                                                       contractor or offeror may not be
6002 of the Resource Conservation and                    FAR 1.107 to reflect the provisions of
                                                                                                                   included in this chapter unless—
Recovery Act (42 U.S.C. 6901, et seq.) and               Section 4301(b)(2) of the Clinger-Cohen                     (a) The certification requirement is
implementing regulations.                                Act of 1996 (Pub. L. 104–106). Section                    specifically imposed by statute; or
(End of clause)                                          4301(b)(2) amends Section 29 of the                         (b) Written justification for such
                                                         Office of Federal Procurement Policy                      certification is provided to the
[FR Doc. 97–21490 Filed 8–21–97; 8:45 am]
                                                         Act (41 U.S.C. 425) to prohibit the                       Administrator for Federal Procurement
BILLING CODE 6820–EP–P
                                                         inclusion of a new certification                          Policy by the Federal Acquisition
                                                         requirement in the FAR for contractors                    Regulatory Council, and the
                                                         or offerors unless the certification                      Administrator approves in writing the
DEPARTMENT OF DEFENSE
                                                         requirement is specifically imposed by                    inclusion of such certification
GENERAL SERVICES                                         statute, or unless written justification                  requirement.
ADMINISTRATION                                           for such certification requirement is
                                                         provided to the Administrator for                         [FR Doc. 97–21491 Filed 8–21–97; 8:45 am]
NATIONAL AERONAUTICS AND                                 Federal Procurement Policy by the FAR                     BILLING CODE 6820–EP–P

SPACE ADMINISTRATION                                     Council and the Administrator approves
                                                         in writing the inclusion of the
                                                         certification.                                            DEPARTMENT OF DEFENSE
48 CFR Part 1
[FAC 97–1; FAR Case 96–329; Item VI]                     B. Regulatory Flexibility Act                             GENERAL SERVICES
                                                           The final rule does not constitute a                    ADMINISTRATION
RIN 9000–AH67
                                                         significant FAR revision within the
                                                         meaning of FAR 1.501 and Public Law                       NATIONAL AERONAUTICS AND
Federal Acquisition Regulation; New                                                                                SPACE ADMINISTRATION
FAR Certifications                                       98–577, and publication for public
                                                         comment is not required. However,
AGENCIES: Department of Defense (DoD),                   comments from small entities                              48 CFR Parts 7, 16, 37, 42, 46, and 52
General Services Administration (GSA),                   concerning the affected FAR subpart                       [FAC 97–01; FAR Case 95–311; Item VII]
and National Aeronautics and Space                       will be considered in accordance with 5
Administration (NASA).                                                                                             RIN 9000–AH14
                                                         U.S.C. 610. Such comments must be
ACTION: Final rule.                                      submitted separately and cite 5 U.S.C.                    Federal Acquisition Regulation;
                                                         601, et seq. (FAC 97–1, FAR case 96–                      Service Contracting
SUMMARY: The Civilian Agency                             329), in correspondence.
Acquisition Council and the Defense                                                                                AGENCIES: Department of Defense (DoD),
Acquisition Regulations Council have                     C. Paperwork Reduction Act                                General Services Administration (GSA),
agreed on a final rule amending the                        The Paperwork Reduction Act does                        and National Aeronautics and Space
Federal Acquisition Regulation (FAR) to                  not apply because the changes to the                      Administration (NASA).

								
To top