36016 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

4. Amend section 52.101 in paragraph

(a) by revising the definition

‘‘Substantially as follows’’; and by

revising paragraph (d) to read as

follows:

52.101 Using Part 52.

(a) * * *

Substantially as follows or

substantially the same as, when used in

the prescription of a provision or clause,

means that authorization is granted to

prepare and utilize a variation of that

provision or clause to accommodate

requirements that are peculiar to an

individual acquisition. Any variation

must include the salient features of the

FAR provision or clause, and must be

consistent with the intent, principle,

and substance of the FAR provision or

clause or related coverage of the subject

matter.

* * * * *

(d) Introductory text. Within Subpart

52.2, the introductory text of each

provision or clause includes a crossreference to the location in the FAR

subject text that prescribes its use.

* * * * *

5. Amend section 52.104 by revising

paragraph (a) to read as follows:

52.104 Procedures for modifying and

completing provisions and clauses.

(a) The contracting officer must not

modify provisions and clauses unless

the FAR authorizes their modification.

For example—

(1) ‘‘The contracting officer may use a

period shorter than 60 days (but not less

than 30 days) in paragraph (x) of the

clause’’; or

(2) ‘‘The contracting officer may

substitute the words ‘task order’ for the

word ‘Schedule’ wherever that word

appears in the clause.’’

* * * * *

6. Amend section 52.105 by revising

paragraph (a) to read as follows:

52.105 Procedures for using alternates.

(a) The FAR accommodates a major

variation in a provision or clause by use

of an alternate. The FAR prescribes

alternates to a given provision or clause

in the FAR subject text where the

provision or clause is prescribed. The

alternates to each provision or clause

are titled ‘‘Alternate I,’’ ‘‘Alternate II,’’

‘‘Alternate III,’’ etc.

* * * * *

7. Revise section 52.200 to read as

follows:

52.200 Scope of subpart.

This subpart sets forth the text of all

FAR provisions and clauses (see

52.101(b)(1)) and gives a cross-reference

to the location in the FAR that

prescribes the provision or clause.

[FR Doc. 00–13818 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 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.

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—

• Revises FAR Subpart 7.1 to ensure

that requirements for printing and

writing paper meet minimum content

requirements specified in the E.O.;

• 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;

• Clarifies in Part 13 how the

procurement requirements of the

Resource Conservation and Recovery

Act, 42 U.S.C. 6962, apply to micropurchases and acquisitions that do not

exceed $100,000; and

• 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.

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

36018 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

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 endusage 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’ overruns, 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 EPADesignated 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).

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

36020 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

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 Rightto-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 energyefficient 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 energyefficient 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 highspeed 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

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