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).
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