Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 36021

material’’ and ‘‘Virgin material’’, and

paragraphs (b) and (e) to read as follows:

52.211–5 Material Requirements.

As prescribed in 11.304, insert the

following clause:

MATERIAL REQUIREMENTS (August 2000)

(a) * * *

* * * * *

Recovered material means waste materials

and by-products recovered or diverted from

solid waste, but the term does not include

those materials and by-products generated

from, and commonly reused within, an

original manufacturing process.

* * * * *

Virgin material means—

(1) Previously unused raw material,

including previously unused copper,

aluminum, lead, zinc, iron, other metal or

metal ore; or

(2) Any undeveloped resource that is, or

with new technology will become, a source

of raw materials.

(b) Unless this contract otherwise requires

virgin material or supplies composed of or

manufactured from virgin material, the

Contractor shall provide supplies that are

new, reconditioned, or remanufactured, as

defined in this clause.

* * * * *

(e) Used, reconditioned, or remanufactured

supplies, or unused former Government

surplus property, may be used in contract

performance if the Contractor has proposed

the use of such supplies, and the Contracting

Officer has authorized their use.

(End of clause)

22. Amend section 52.212–5 by

revising the date of the clause; by

redesignating paragraphs (b)(16) through

(b)(26) as (b)(17) through (b)(27),

respectively; and by adding a new

paragraph (b)(16) to read 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 (August 2000)

* * * * *

(b) * * *

l (16)(i) 52.223–9, Estimate of Percentage

of Recovered Material Content for EPADesignated Products (42 U.S.C.

6962(c)(3)(A)(ii)).

l (ii) Alternate I of 52.223–9 (42 U.S.C.

6962(i)(2)(C)).

* * * * *

52.223–4 [Amended]

23. Amend the introductory text of

section 52.223–4 by revising the citation

‘‘23.405(a)’’ to read ‘‘23.406(a)’’.

24. Revise the section heading and

text of 52.223–9 to read as follows:

52.223–9 Estimate of Percentage of

Recovered Material Content for EPADesignated Products.

As prescribed in 23.406(b), insert the

following clause:

Estimate of Percentage of Recovered

Material Content for EPA-Designated

Products (August 2000)

(a) Definitions. As used in this clause—

Postconsumer material means a material or

finished product that has served its intended

use and has been discarded for disposal or

recovery, having completed its life as a

consumer item. Postconsumer material is a

part of the broader category of ‘‘recovered

material.’’

Recovered material means waste materials

and by-products recovered or diverted from

solid waste, but the term does not include

those materials and by-products generated

from, and commonly reused within, an

original manufacturing process.

(b) The Contractor, on completion of this

contract, shall—

(1) Estimate the percentage of the total

recovered material used in contract

performance, including, if applicable, the

percentage of postconsumer material content;

and

(2) Submit this estimate to

llllllll [Contracting Officer

complete in accordance with agency

procedures].

(End of clause)

Alternate I (August 2000). As prescribed in

23.406(b), redesignate paragraph (b) of the

basic clause as paragraph (c) and add the

following paragraph (b) to the basic clause:

(b) The Contractor shall execute the

following certification required by the

Resource Conservation and Recovery Act of

1976 (42 U.S.C. 6962(i)(2)(C)):

Certification

I, llllll (name of certifier), am an

officer or employee responsible for the

performance of this contract and hereby

certify that the percentage of recovered

material content for EPA-designated products

met the applicable contract specifications.

lllllllllllllllllllll

(Signature of the Officer or Employee)

lllllllllllllllllllll

(Typed Name of the Officer or Employee)

lllllllllllllllllllll

(Title)

lllllllllllllllllllll

(Name of Company, Firm, or Organization)

lllllllllllllllllllll

(Date)

lllllllllllllllllllll

(End of certification)

25. Revise section 52.223–10 to read

as follows:

52.223–10 Waste Reduction Program.

As prescribed in 23.705, insert the

following clause:

Waste Reduction Program (August 2000)

(a) Definitions. As used in this clause—

Recycling means the series of activities,

including collection, separation, and

processing, by which products or other

materials are recovered from the solid waste

stream for use in the form of raw materials

in the manufacture of products other than

fuel for producing heat or power by

combustion.

Waste prevention means any change in the

design, manufacturing, purchase, or use of

materials or products (including packaging)

to reduce their amount or toxicity before they

are discarded. Waste prevention also refers to

the reuse of products or materials.

Waste reduction means preventing or

decreasing the amount of waste being

generated through waste prevention,

recycling, or purchasing recycled and

environmentally preferable products.

(b) Consistent with the requirements of

Section 701 of Executive Order 13101, the

Contractor shall establish a program to

promote cost-effective waste reduction in all

operations and facilities covered by this

contract. The Contractor’s programs shall

comply with applicable Federal, State, and

local requirements, specifically including

Section 6002 of the Resource Conservation

and Recovery Act (42 U.S.C. 6962, et seq.)

and implementing regulations (40 CFR part

247).

(End of clause)

[FR Doc. 00–13819 Filed 6–1–00; 3:59 pm]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 4

[FAC 97–18; FAR Case 1999–615; Item IV]

RIN 9000–AI77

Federal Acquisition Regulation;

General Records Schedules

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council

(Councils) have agreed on a final rule

amending the Federal Acquisition

Regulation (FAR) to implement the

revised National Archives and Records

Administration General Records

Schedule 3, Procurement, Supply, and

Grants Records (NARA Schedule 3),

dated December 15, 1998.

DATES: Effective Date: August 7, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after August 7,

2000.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

36022 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

Building, Washington, DC, 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Linda K. Nelson, Procurement Analyst,

at (202) 501–1900. Please cite FAC 97–

18, FAR case 1999–615.

SUPPLEMENTARY INFORMATION:

A. Background

The intent of the update was to align

the FAR text with the revised NARA

Schedule 3.

The rule—

• Amends FAR 4.705–2 and revises

4.805 to align the text with the new

NARA Schedule 3;

• Revises and rearranges the table at

FAR 4.805(b) to group similar types of

contract instruments together (e.g.,

construction contracts and related case

files, and unsuccessful offers and

proposals); and

• Reorganizes and revises the FAR

text for ease of use. The rule is written

using plain language in accordance with

the White House memorandum, Plain

Language in Government Writing, dated

June 1, 1999.

This rule was not subject to Office of

Management and Budget review under

Section 6(b) of Executive Order 12866,

Regulatory Planning and Review, dated

September 30, 1993. This rule is not a

major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. However, the

Councils will consider comments from

small entities concerning the affected

FAR subpart in accordance with 5

U.S.C. 610. Interested parties must

submit such comments separately and

should cite 5 U.S.C. 601, et seq. (FAC

97–18, FAR case 1999–615), in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose information

collection requirements that require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

List of Subjects in 48 CFR Part 4

Government procurement.

Dated: May 26, 2000.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, DoD, GSA, and NASA

amend 48 CFR part 4 as set forth below:

PART 4—ADMINISTRATIVE MATTERS

1. The authority citation for 48 CFR

part 4 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

2. Amend section 4.705–2 by revising

the section heading and paragraph (a) to

read as follows:

4.705–2 Construction contracts pay

administration records.

(a) Payroll sheets, registers, or their

equivalent, of salaries and wages paid to

individual employees for each payroll

period; change slips; and tax

withholding statements: Retain 3 years

after completion of contract, unless

contract performance is the subject of

enforcement action.

* * * * *

3. Revise section 4.800 to read as

follows:

4.800 Scope of subpart.

This subpart prescribes requirements

for establishing, maintaining, and

disposing of contract files.

4. Revise section 4.805 to read as

follows:

4.805 Storage, handling, and disposal of

contract files.

(a) Agencies must prescribe

procedures for the handling, storing,

and disposing of contract files. These

procedures must take into account

documents held in all types of media,

including microfilm and various

electronic media. Agencies may change

the original medium to facilitate storage

as long as the requirements of Part 4,

law, and other regulations are satisfied.

The process used to create and store

records must record and reproduce the

original document, including signatures

and other written and graphic images

completely, accurately, and clearly. Data

transfer, storage, and retrieval

procedures must protect the original

data from alteration. Unless law or other

regulations require signed originals to

be kept, they may be destroyed after the

responsible agency official verifies that

record copies on alternate media and

copies reproduced from the record copy

are accurate, complete, and clear

representations of the originals. Agency

procedures for contract file disposal

must include provisions that the

documents specified in paragraph (b) of

this section may not be destroyed before

the times indicated, and may be

retained longer if the responsible agency

official determines that the files have

future value to the Government. When

original documents have been converted

to alternate media for storage, the

requirements in paragraph (b) of this

section also apply to the record copies

in the alternate media.

(b) If administrative records are mixed

with program records and cannot be

economically segregated, the entire file

should be kept for the period of time

approved for the program records.

Similarly, if documents described in the

following table are part of a subject or

case file that documents activities that

are not described in the table, they

should be treated in the same manner as

the files of which they are a part. The

retention periods for acquisitions at or

below the simplified acquisition

threshold also apply to acquisitions

conducted prior to July 3, 1995, that

used small purchase procedures. The

retention periods for acquisitions above

the simplified acquisition threshold also

apply to acquisitions conducted prior to

July 3, 1995, that used other than small

purchase procedures.

Document Retention period

(1) Records pertaining to Contract

Disputes Act actions.

6 years and 3 months

after final action or

decision for files

created prior to October 1, 1979. 1

year after final action or decision for

files created on or

after October 1,

1979.

(2) Contracts (and related records or

documents, including successful proposals) exceeding

the simplified acquisition threshold for

other than construction.

6 years and 3 months

after final payment.

(3) Contracts (and related records or

documents, including successful proposals) at or below

the simplified acquisition threshold for

other than construction.

3 years after final

payment.

(4) Construction contracts:

(i) Above $2,000 6 years and 3 months

after final payment.

(ii) $2,000 or less 3 years after final

payment.

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 36023

Document Retention period

(iii) Related

records or documents, including successful

proposals, except for contractor’s payrolls (see

(b)(4)(iv)).

Same as contract file.

(iv) Contractor’s

payrolls submitted in accordance with

Department of

Labor regulations, with related certifications, antikickback affidavits, and other

related papers.

3 years after contract

completion unless

contract performance is the subject

of an enforcement

action on that date.

(5) Solicited and unsolicited unsuccessful offers,

quotations, bids,

and proposals:

(i) Relating to

contracts

above the simplified acquisition threshold.

If filed separately

from contract file,

until contract is

completed. Otherwise, the same as

related contract file.

(ii) Relating to

contracts at or

below the simplified acquisition threshold.

1 year after date of

award or until final

payment, whichever is later.

(6) Files for canceled

solicitations.

5 years after cancellation.

(7) Other copies of

procurement file

records used by

component elements of a contracting office for

administrative purposes.

Upon termination or

completion.

(8) Documents pertaining generally to

the contractor as

described at

4.801(c)(3).

Until superseded or

obsolete.

(9) Data submitted to

the Federal Procurement Data System (FPDS). Electronic data file

maintained by fiscal

year, containing unclassified records of

all procurements

other than simplified acquisitions,

and information required under 4.601.

5 years after submittal to FPDS.

Document Retention period

(10) Investigations,

cases pending or in

litigation (including

protests), or similar

matters.

Until final clearance

or settlement, or, if

related to a document identified in

(b)(1)–(9), for the

retention period

specified for the related document,

whichever is later.

[FR Doc. 00–13820 Filed 6–1–00; 4:00 pm]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 8 and 38

[FAC 97–18; FAR Case 1998–609 (98–609);

Item V]

RIN 9000–AI48

Federal Acquisition Regulation;

Federal Supply Schedules Small

Business Opportunities

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council

(Councils) have agreed on a final rule

amending the Federal Acquisition

Regulation (FAR) to enhance the

participation of small business concerns

under the Federal Supply Schedules

(FSS) program.

DATES: Effective Date: August 7, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after August 7,

2000.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC, 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Linda Nelson, Procurement Analyst, at

(202) 501–1900. Please cite FAC 97–18,

FAR case 1998–609.

SUPPLEMENTARY INFORMATION:

A. Background

The rule—

• Amends FAR subpart 8.4 to

encourage ordering offices to consider

the availability of small business

concerns under the schedule and

encourages ordering offices to consider

small businesses when conducting

evaluations before placing an order;

• Amends FAR Part 38 to reaffirm

that the General Services

Administration and agencies delegated

the authority to establish a Federal

Supply Schedule must comply with all

statutory and regulatory requirements

before a solicitation is issued; and

• Revises the FSS guidance in

accordance with the plain language

guidelines in a White House

memorandum, Plain Language in

Government Writing, dated June 1,

1998.

DoD, GSA, and NASA published a

proposed rule in the Federal Register on

September 14, 1999 (64 FR 49948).

Thirty-two respondents submitted

public comments. We considered all

comments and converted the proposed

rule to a final rule with minor changes.

This rule was not subject to Office of

Management and Budget review under

Section 6(b) of Executive Order 12866,

Regulatory Planning and Review, dated

September 30, 1993. This rule is not a

major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

The Councils prepared a Final

Regulatory Flexibility Analysis (FRFA)

consistent with 5 U.S.C. 604. Because

this rule may impact small businesses,

we are providing the FRFA in its

entirety as follows:

This Final Regulatory Flexibility Analysis

has been prepared consistent with the criteria

stated in 5 U.S.C. 604.

1. Statement of need for, and objectives of,

the rule.

The purpose of this rule is to promote the

growth of Federal procurement sales

opportunities for small business concerns

under the Federal Supply Schedules. The

rule amends FAR Subparts 8.4 and 38.1 to

encourage ordering offices to consider small

business concerns, if available, when

conducting evaluations before placing an

order. The rule also recognizes the recent

change made by the Small Business

Administration requiring inclusion of

Federal Supply Schedule orders in agencies’

small business goals. Effective fiscal year

1999, agencies must include the dollar value

of orders expected to be placed against the

General Services Administration’s (GSA)

Federal Supply Service (FSS) Schedules and

report accomplishments against those goals.

2. Summary of significant issues raised by

the public comments in response to the

Initial Regulatory Flexibility Analysis (IRFA),

a summary of the assessment of the agency

of such issues, and a statement of any

changes made in the proposed rule as a

result of such comments.

We received one public comment that

specifically addressed the Initial Regulatory

Flexibility Analysis. The public comment

expressed concerns that the data presented