[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Rules and Regulations]
[Pages 36016-36021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13819]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 11, 13, 23, and 52

[FAC 97-18; FAR Case 1998-015 (98-015); Item III]
RIN 9000-AI49


Federal Acquisition Regulation; Requirements Supporting 
Procurement of Recycled Products and Environmentally Preferable 
Services

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

ACTION: Final rule.

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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 
Executive Order (E.O.) 13101, Greening the Government through Waste 
Prevention, Recycling, and Federal Acquisition, dated September 14, 
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 
Building, Washington, DC, 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAC 97-18, FAR case 1998-015.

SUPPLEMENTARY INFORMATION:   

A. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 64 FR 51656, September 23, 1999. Seven respondents provided 
public comments. We considered all comments in finalizing the rule.
    This rule amends the FAR to implement E.O. 13101. The rule amends 
guidance in FAR Subpart 7.1, 11.002(d), Subpart 23.4, Subpart 23.7, and 
the FAR clauses at 52.223-9 and 52.223-10 to conform with E.O. 13101 
and the Resource Conservation and Recovery Act. The rule--
    <bullet> Revises FAR Subpart 7.1 to ensure that requirements for 
printing and writing paper meet minimum content requirements specified 
in the E.O.;
    <bullet> Revises Subpart 11.3 to add definitions and special 
requirements to implement E.O. requirements and Environmental 
Protection Agency (EPA) regulations governing acquisitions of printing 
and writing paper, and to clarify that contracting officers may include 
in solicitations additional information requirements when needed to 
determine if the offeror's product meets requirements for recycled 
content or related standards;
    <bullet> Clarifies in Part 13 how the procurement requirements of 
the Resource Conservation and Recovery Act, 42 U.S.C. 6962, apply to 
micro-purchases and acquisitions that do not exceed $100,000; and
    <bullet> Reorganizes and revises Subparts 23.4 and 23.7 and 
associated clauses.
    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 Regulatory Flexibility Act, 5 U.S.C. 601 et seq. applies to 
this final rule. Interested parties may obtain a copy of the a Final 
Regulatory Flexibility Analysis (FRFA) from the FAR Secretariat.
    The Councils' prepared FRFA is summarized as follows:

    The objective of the rule is to improve the Government's use of 
recycled products and environmentally preferable products and 
services. E.O. 13101 requires revision of the Federal Acquisition 
Regulation to prescribe policies for the acquisition and use of 
environmentally preferable products and services through procurement 
preference programs favoring the purchase of these products and 
services. The rule primarily affects the internal operating 
procedures of Government agencies. The provisions affecting small 
entities are the requirements at FAR 23.705, 52.223-9, and 52.223-
10. These provisions of the rule will apply to all Government 
contractors, both large and small businesses.

    The FAR Secretariat has submitted a copy of the FRFA to the Chief 
Counsel for Advocacy of the Small Business Administration.

[[Page 36017]]

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) applies because the 
final rule contains information collection requirements that have been 
approved by the Office of Management and Budget (OMB) under OMB Control 
Number 9000-0134. The final rule reduces the annual reporting burden 
for OMB Control Number 9000-0134 estimated at 32,175 hours. This 
estimate was based on 64,350 respondents and a preparation time 
estimated at .5 hour per response. In the proposed rule, we estimated 
that removal of the certification requirement would affect more than 
one-half of the respondents and reduce preparation time for those 
respondents by one-third. No comments were received on this estimate.
    As a result, we estimate the revised annual reporting burden to be 
as follows:
    Respondents: 64,350;
    Responses per respondent: 1;
    Total annual responses: 64,350;
    Preparation hours per response: 25 minutes;
    Total response burden hours: 26,800.

List of Subjects in 48 CFR Parts 2, 4, 7, 11, 13, 23, and 52

    Government procurement.

    Dated: May 26, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 7, 11, 13, 
23, and 52 as set forth below:
    1. The authority citation for 48 CFR parts 2, 4, 7, 11, 13, 23, and 
52 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).

PART 2--DEFINITIONS OF WORDS AND TERMS

    2. Amend section 2.101 by adding, in alphabetical order, the 
definitions ``Energy-efficient product'', ``Environmentally 
preferable'', ``Pollution prevention'', ``Recovered material'', 
``Virgin material'', and ``Waste reduction'' to read as follows:


2.101  Definitions.

* * * * *
    Energy-efficient product means a product in the upper 25 percent of 
efficiency for all similar products or, if there are applicable Federal 
appliance or equipment efficiency standards, a product that is at least 
10 percent more efficient than the minimum Federal standard.
    Environmentally preferable means products or services that have a 
lesser or reduced effect on human health and the environment when 
compared with competing products or services that serve the same 
purpose. This comparison may consider raw materials acquisition, 
production, manufacturing, packaging, distribution, reuse, operation, 
maintenance, or disposal of the product or service.
* * * * *
    Pollution prevention means any practice that--
    (a)(1) Reduces the amount of any hazardous substance, pollutant, or 
contaminant entering any waste stream or otherwise released into the 
environment (including fugitive emissions) prior to recycling, 
treatment, or disposal; and
    (2) Reduces the hazards to public health and the environment 
associated with the release of such substances, pollutants, and 
contaminants;
    (b) Reduces or eliminates the creation of pollutants through 
increased efficiency in the use of raw materials, energy, water, or 
other resources; or
    (c) Protects natural resources by conservation.
* * * * *
    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. For use in Subpart 11.3 for paper 
and paper products, see the definition at 11.301.
* * * * *
    Virgin material means--
    (a) Previously unused raw material, including previously unused 
copper, aluminum, lead, zinc, iron, other metal or metal ore; or
    (b) Any undeveloped resource that is, or with new technology will 
become, a source of raw materials.
    Waste reduction means preventing or decreasing the amount of waste 
being generated through waste prevention, recycling, or purchasing 
recycled and environmentally preferable products.

PART 4--ADMINISTRATIVE MATTERS


4.301  [Removed]


4.302-4.304  [Redesignated as 4.301-4.303].

    3. Amend Subpart 4.3 by removing section 4.301 and redesignating 
sections 4.302 through 4.304 as sections 4.301 through 4.303, 
respectively; and by revising the newly designated sections to read as 
follows:

Subpart 4.3--Paper Documents

* * * * *


4.301  Definition.

    Printed or copied double-sided, as used in this subpart, means 
printing or reproducing a document so that information is on both sides 
of a sheet of paper.


4.302  Policy.

    When electronic commerce methods (see 4.502) are not being used, a 
contractor should submit paper documents to the Government relating to 
an acquisition printed or copied double-sided on recycled paper 
whenever practicable. If the contractor cannot print or copy double-
sided, it should print or copy single-sided on recycled paper.


4.303  Contract clause.

    Insert the clause at 52.204-4, Printed or Copied Double-Sided on 
Recycled Paper, in solicitations and contracts that exceed the 
simplified acquisition threshold.

PART 7--ACQUISITION PLANNING

    4. Amend section 7.103 by revising paragraph (n) to read as 
follows:


7.103  Agency-head responsibilities.

    (n) Ensuring that agency planners--
    (1) Specify needs for printing and writing paper consistent with 
the minimum content standards specified in section 505 of Executive 
Order 13101 of September 14, 1998, Greening the Government through 
Waste Prevention, Recycling, and Federal Acquisition (see 11.303); and
    (2) Comply with the policy in 11.002(d) regarding procurement of 
products containing recovered materials, and environmentally preferable 
and energy-efficient products and services.

PART 11--DESCRIBING AGENCY NEEDS


11.001  [Amended]

    5. Amend section 11.001 by removing the definitions ``Recovered 
material'' and ``Virgin material.''
    6. Amend section 11.002 by revising paragraph (d) to read as 
follows:


11.002  Policy.

    (d) The Resource Conservation and Recovery Act of 1976 (42 U.S.C. 
6901, et seq.), Executive Order 12902 of March 8, 1994, Energy 
Efficiency and Water Conservation at Federal Facilities, and Executive 
Order 13101 of September 14, 1998, Greening the Government through 
Waste Prevention, Recycling, and Federal Acquisition, establish 
requirements for the procurement of products containing recovered

[[Page 36018]]

materials, and environmentally preferable and energy-efficient products 
and services. Executive agencies must consider use of recovered 
materials, environmentally preferable purchasing criteria developed by 
the EPA, and environmental objectives (see 23.703(b)) when--
    (1) Developing, reviewing, or revising Federal and military 
specifications, product descriptions (including commercial item 
descriptions), and standards;
    (2) Describing Government requirements for supplies and services; 
and
    (3) Developing source selection factors.
    7. Subpart 11.3, consisting of sections 11.301 and 11.302, is 
revised, and sections 11.303 and 11.304 are added to read as follows:

Subpart 11.3--Acceptable Material


11.301  Definitions.

    As used in this subpart--
    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.'' 
For paper and paper products, postconsumer material means 
``postconsumer fiber'' defined by the U.S. Environmental Protection 
Agency (EPA) as--
    (1) Paper, paperboard, and fibrous materials from retail stores, 
office buildings, homes, and so forth, after they have passed through 
their end-usage as a consumer item, including: used corrugated boxes; 
old newspapers; old magazines; mixed waste paper; tabulating cards; and 
used cordage; or
    (2) All paper, paperboard, and fibrous materials that enter and are 
collected from municipal solid waste; but not
    (3) Fiber derived from printers' over-runs, converters' scrap, and 
over-issue publications.
    Recovered material for paper and paper products, is defined by EPA 
in its Comprehensive Procurement Guideline as ``recovered fiber'' and 
means the following materials:
    (1) Postconsumer fiber.
    (2) Manufacturing wastes such as--
    (i) Dry paper and paperboard waste generated after completion of 
the papermaking process (that is, those manufacturing operations up to 
and including the cutting and trimming of the paper machine reel into 
smaller rolls or rough sheets) including: envelope cuttings, bindery 
trimmings, and other paper and paperboard waste resulting from 
printing, cutting, forming, and other converting operations; bag, box, 
and carton manufacturing wastes; and butt rolls, mill wrappers, and 
rejected unused stock; and
    (ii) Repulped finished paper and paperboard from obsolete 
inventories of paper and paperboard manufacturers, merchants, 
wholesalers, dealers, printers, converters, or others.


11.302  Policy.

    (a) Agencies must not require virgin material or supplies composed 
of or manufactured using virgin material unless compelled by law or 
regulation or unless virgin material is vital for safety or meeting 
performance requirements of the contract.
    (b)(1) When acquiring other than commercial items, agencies must 
require offerors to identify used, reconditioned, or remanufactured 
supplies; or unused former Government surplus property proposed for use 
under the contract. These supplies or property may not be used in 
contract performance unless authorized by the contracting officer.
    (2) When acquiring commercial items, the contracting officer must 
consider the customary practices in the industry for the item being 
acquired. The contracting officer may require offerors to provide 
information on used, reconditioned, or remanufactured supplies, or 
unused former Government surplus property proposed for use under the 
contract. The request for the information must be included in the 
solicitation, and to the maximum extent practicable must be limited to 
information or standards consistent with normal commercial practices.
    (c) When the contracting officer needs additional information to 
determine whether supplies meet minimum recovered material standards 
stated in the solicitation, the contracting officer may require 
offerors to submit additional information on the recycled content or 
related standards. The request for the information must be included in 
the solicitation. When acquiring commercial items, limit the 
information to the maximum extent practicable to that available under 
normal commercial practices.


11.303  Special requirements for printing and writing paper.

    (a) Section 505 of Executive Order 13101, Greening the Government 
through Waste Prevention, Recycling, and Federal Acquisition, 
establishes minimum recovered material content standards for agency 
purchases of printing and writing paper. Section 505 requires that 100 
percent of an agency's purchases of printing and writing paper must 
meet or exceed one of the minimum content standards specified in 
paragraph (b) of this section.
    (b) For high-speed copier paper, offset paper, forms bond, computer 
printout paper, carbonless paper, file folders, white wove envelopes, 
writing and office paper, book paper, cotton fiber paper, and cover 
stock, the minimum content standard must be no less than 30 percent 
postconsumer materials. If paper containing 30 percent postconsumer 
material is not reasonably available, does not meet reasonable 
performance requirements, or is only available at an unreasonable 
price, then the agency must purchase paper containing no less than 20 
percent postconsumer material.


11.304  Contract clause.

    Insert the clause at 52.211-5, Material Requirements, in 
solicitations and contracts for supplies that are not commercial items.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

    8. Amend section 13.005 by revising paragraph (a)(5) to read as 
follows:


13.005  Federal Acquisition Streamlining Act of 1994 list of 
inapplicable laws.

* * * * *
    (a) * * *
    (5) 42 U.S.C. 6962 (Solid Waste Disposal Act). (The requirement to 
provide an estimate of recovered material utilized in contract 
performance does not apply unless the contract value exceeds $100,000.)
* * * * *
    9. Amend section 13.006 by revising paragraph (g) to read as 
follows:


13.006  Inapplicable provisions and clauses.

* * * * *
    (g) 52.223-9, Estimate of Percentage of Recovered Material Content 
for EPA-Designated Products.
    10. Amend section 13.201 by adding paragraph (f) to read as 
follows:


13.201  General.

* * * * *
    (f) The procurement requirements in the Resource Conservation and 
Recovery Act (42 U.S.C. 6962) and Executive Order 13101 of September 
14, 1998, Greening the Government through Waste Prevention, Recycling, 
and Federal Acquisition, apply to purchases at or below the micro-
purchase threshold (see Subpart 23.4).

[[Page 36019]]

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE

    11. Revise section 23.400 to read as follows:


23.400  Scope of subpart.

    This subpart prescribes policies and procedures for acquiring 
Environmental Protection Agency (EPA)--designated products through 
affirmative procurement programs required by the Resource Conservation 
and Recovery Act of 1976 (RCRA) (42 U.S.C. 6962) and Executive Order 
13101 of September 14, 1998, Greening the Government through Waste 
Prevention, Recycling, and Federal Acquisition.


23.401 and 23.402  [Redesignate as 23.402 and 23.401]

    12. Redesignate sections 23.401 and 23.402 as 23.402 and 23.401, 
respectively.
    13. Revise the newly designated sections 23.401 and 23.402 to read 
as follows:


23.401  Definition.

    EPA-designated product, as used in this subpart, means a product--
    (1) That is or can be made with recovered material;
    (2) That is listed by EPA in a procurement guideline (40 CFR part 
247); and
    (3) For which EPA has provided purchasing recommendations in a 
related Recovered Materials Advisory Notice (RMAN).


23.402  Authorities.

    (a) The Resource Conservation and Recovery Act of 1976 (RCRA), 42 
U.S.C. 6962, requires agencies responsible for drafting or reviewing 
specifications used in agency acquisitions to--
    (1) Eliminate from those specifications any requirement excluding 
the use of recovered materials or requiring products to be manufactured 
from virgin materials; and
    (2) Require, for EPA-designated products, using recovered materials 
to the maximum extent practicable without jeopardizing the intended end 
use of the item.
    (b) RCRA also requires--
    (1) EPA to prepare guidelines on the availability, sources, and 
potential uses of recovered materials and associated products, 
including solid waste management services; and
    (2) Agencies to develop and implement affirmative procurement 
programs for EPA-designated products within 1 year after EPA's 
designation.
    (c) Executive Order 13101 requires that the agency head--
    (1) Work to increase and expand markets for recovered materials 
through greater Government preference and demand for such products 
consistent with the demands of efficiency and cost-effectiveness; and
    (2) Develop and implement affirmative procurement programs in 
accordance with direction in RCRA and the Executive order.
    14. Revise section 23.403 to read as follows:


23.403  Policy.

    Government policy on the use of recovered materials considers cost, 
availability of competition, and performance. The objective is to 
acquire competitively, in a cost-effective manner, products that meet 
reasonable performance requirements and that are composed of the 
highest percentage of recovered materials practicable.


23.404-23.405  [Redesignated as 23.405 and 23.406]

    15. Redesignate sections 23.404 and 23.405 as 23.405 and 23.406, 
respectively; add a new section 23.404; and revise the redesignated 
sections to read as follows:


23.404  Agency affirmative procurement programs.

    (a) For EPA-designated products, an agency must establish an 
affirmative procurement program, if the agency's purchases meet the 
threshold in 23.405(a). Technical or requirements personnel and 
procurement personnel are responsible for the preparation, 
implementation, and monitoring of affirmative procurement programs. 
Agency affirmative procurement programs must include--
    (1) A recovered materials preference program;
    (2) An agency promotion program;
    (3) A program for requiring reasonable estimates, certification, 
and verification of recovered material used in the performance of 
contracts; and
    (4) Annual review and monitoring of the effectiveness of the 
program.
    (b) Agency affirmative procurement programs must require that 100 
percent of purchases of EPA-designated products contain recovered 
material, unless the item cannot be acquired--
    (1) Competitively within a reasonable time frame;
    (2) Meeting appropriate performance standards; or
    (3) At a reasonable price.
    (c) Agency affirmative procurement programs must provide guidance 
for purchases of EPA-designated products at or below the micro-purchase 
threshold.


23.405  Procedures.

    (a) These procedures apply to all agency acquisitions of EPA-
designated products, including micro-purchases, if--
    (1) The price of the product exceeds $10,000; or
    (2) The aggregate amount paid for products, or for functionally 
equivalent products, in the preceding fiscal year was $10,000 or more. 
RCRA requires that an agency include micro-purchases in determining if 
the aggregate amount paid was $10,000 or more. However, it is not 
recommended that an agency track micro-purchases unless it intends to 
claim an exemption from the requirement to establish an affirmative 
procurement program in the following fiscal year.
    (b) Contracting officers should refer to EPA's list of EPA-
designated products (available via the Internet at http://www.epa.gov/cpg/) and to their agencies' affirmative procurement programs when 
purchasing supplies that contain recovered material or services that 
could include supplies that contain recovered material.
    (c) The contracting officer must place in the contract file a 
written justification if an acquisition of EPA-designated products 
above the micro-purchase threshold does not contain recovered material. 
If the agency has designated an Environmental Executive, the 
contracting officer must give a copy of the written justification to 
that official. The contracting officer must base the justification on 
the inability to acquire the product--
    (1) Competitively within a reasonable period of time;
    (2) At reasonable prices; or
    (3) To reasonable performance standards in the specifications, 
provided a written determination by technical or requirements personnel 
of the performance standard's reasonableness is included with the 
justification. The technical and requirements personnel must base their 
determination on National Institute of Standards and Technology 
guidelines, if available.
    (d) Agencies must establish procedures for consolidating and 
reporting contractor estimates required by the clause at 52.223-9, 
Estimate of Percentage of Recovered Material Content for EPA-Designated 
Products.


23.406  Solicitation provision and contract clause.

    (a) Insert the provision at 52.223-4, Recovered Material 
Certification, in

[[Page 36020]]

solicitations that are for, or specify the use of, recovered materials.
    (b) Insert the clause at 52.223-9, Estimate of Percentage of 
Recovered Material Content for EPA-Designated Products, in 
solicitations and contracts exceeding $100,000 that include the 
provision at 52.223-4. If technical personnel advise that estimates can 
be verified, use the clause with its Alternate I.
    16. Redesignate section 23.701 as 23.700 and revise the section 
heading; and add a new 23.701 to read as follows:


23.700  Scope.

* * * * *


23.701  Definition.

    Biobased product, as used in this subpart, means a commercial or 
industrial product (other than food or feed) that utilizes biological 
products or renewable domestic agricultural (plant, animal, and marine) 
or forestry materials.
    17. Amend section 23.702 by removing paragraph (d); redesignate 
paragraphs (e) and (f) as (d) and (e) and revise; and add a new 
paragraph (f) to read as follows:


23.702  Authorities.

* * * * *
    (d) Executive Order 12856, of August 3, 1993, Federal Compliance 
with Right-to-Know Laws and Pollution Prevention Requirements.
    (e) Executive Order 12902, of March 8, 1994, Energy Efficiency and 
Water Conservation at Federal Facilities.
    (f) Executive Order 13101 of September 14, 1998, Greening the 
Government through Waste Prevention, Recycling, and Federal 
Acquisition.


23.703  [Removed]


23.704-23.706  [Redesignated as 23.703-23.705]

    18. Remove section 23.703 and redesignate sections 23.704 through 
23.706 as 23.703 through 23.705, respectively.
    19. Revise the newly designated sections 23.703 through 23.705 to 
read as follows:


23.703  Policy.

    Agencies must--
    (a) Implement cost-effective contracting preference programs 
favoring the acquisition of environmentally preferable and energy-
efficient products and services; and
    (b) Employ acquisition strategies that affirmatively implement the 
following environmental objectives:
    (1) Maximize the utilization of environmentally preferable products 
and services (based on EPA-issued guidance).
    (2) Maximize the utilization of energy-efficient products.
    (3) Eliminate or reduce the generation of hazardous waste and the 
need for special material processing (including special handling, 
storage, treatment, and disposal).
    (4) Promote the use of nonhazardous and recovered materials.
    (5) Realize life-cycle cost savings.
    (6) Promote cost-effective waste reduction when creating plans, 
drawings, specifications, standards, and other product descriptions 
authorizing material substitutions, extensions of shelf-life, and 
process improvements.
    (7) Consider the use of biobased products.


23.704  Application to Government-owned or -leased facilities.

    Executive Order 13101, Section 701, requires that contracts for 
contractor operation of a Government-owned or -leased facility and 
contracts for support services at a Government-owned or -operated 
facility include provisions that obligate the contractor to comply with 
the requirements of the order. Compliance includes developing programs 
to promote and implement cost-effective waste reduction and affirmative 
procurement programs required by 42 U.S.C. 6962 for all products 
designated in EPA's Comprehensive Procurement Guideline (40 CFR part 
247).


23.705  Contract clause.

    Insert the clause at 52.223-10, Waste Reduction Program, in all 
solicitations and contracts for contractor operation of Government-
owned or -leased facilities and all solicitations and contracts for 
support services at Government-owned or -operated facilities.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    20. Revise the section heading and text of 52.204-4 to read as 
follows:


52.204-4  Printed or Copied Double-Sided on Recycled Paper.

    As prescribed in 4.303, insert the following clause:

Printed or Copied Double-Sided on Recycled Paper (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.'' For paper and paper products, postconsumer material 
means ``postconsumer fiber'' defined by the U.S. Environmental 
Protection Agency (EPA) as--
    (1) Paper, paperboard, and fibrous materials from retail stores, 
office buildings, homes, and so forth, after they have passed 
through their end-usage as a consumer item, including: used 
corrugated boxes; old newspapers; old magazines; mixed waste paper; 
tabulating cards; and used cordage; or
    (2) All paper, paperboard, and fibrous materials that enter and 
are collected from municipal solid waste; but not
    (3) Fiber derived from printers' over-runs, converters' scrap, 
and over-issue publications.
    Printed or copied double-sided means printing or reproducing a 
document so that information is on both sides of a sheet of paper.
    Recovered material, for paper and paper products, is defined by 
EPA in its Comprehensive Procurement Guideline as ``recovered 
fiber'' and means the following materials:
    (1) Postconsumer fiber; and
    (2) Manufacturing wastes such as--
    (i) Dry paper and paperboard waste generated after completion of 
the papermaking process (that is, those manufacturing operations up 
to and including the cutting and trimming of the paper machine reel 
into smaller rolls or rough sheets) including: envelope cuttings, 
bindery trimmings, and other paper and paperboard waste resulting 
from printing, cutting, forming, and other converting operations; 
bag, box, and carton manufacturing wastes; and butt rolls, mill 
wrappers, and rejected unused stock; and
    (ii) Repulped finished paper and paperboard from obsolete 
inventories of paper and paperboard manufacturers, merchants, 
wholesalers, dealers, printers, converters, or others.
    (b) In accordance with Section 101 of Executive Order 13101 of 
September 14, 1998, Greening the Government through Waste 
Prevention, Recycling, and Federal Acquisition, the Contractor is 
encouraged to submit paper documents, such as offers, letters, or 
reports, that are printed or copied double-sided on recycled paper 
that meet minimum content standards specified in Section 505 of 
Executive Order 13101, when not using electronic commerce methods to 
submit information or data to the Government.
    (c) If the Contractor cannot purchase high-speed copier paper, 
offset paper, forms bond, computer printout paper, carbonless paper, 
file folders, white wove envelopes, writing and office paper, book 
paper, cotton fiber paper, and cover stock meeting the 30 percent 
postconsumer material standard for use in submitting paper documents 
to the Government, it should use paper containing no less than 20 
percent postconsumer material. This lesser standard should be used 
only when paper meeting the 30 percent postconsumer material 
standard is not obtainable at a reasonable price or does not meet 
reasonable performance standards.
(End of clause)

    21. Amend section 52.211-5 by revising the introductory text, the 
date of the clause, the definitions ``Recovered

[[Page 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) * * *
    __ (16)(i) 52.223-9, Estimate of Percentage of Recovered 
Material Content for EPA-Designated Products (42 U.S.C. 
6962(c)(3)(A)(ii)).
    __ (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 EPA-
Designated 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 ________________ [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, ____________ (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.
----------------------------------------------------------------------
(Signature of the Officer or Employee)
----------------------------------------------------------------------
(Typed Name of the Officer or Employee)
----------------------------------------------------------------------
(Title)
----------------------------------------------------------------------
(Name of Company, Firm, or Organization)
----------------------------------------------------------------------
(Date)
----------------------------------------------------------------------
(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