88856 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 

1https://www.acquisition.gov/archives/change138-gsam-case-2021-g528. 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AEA WV D, Huntington, WV [Amended] 

Tri-State/Milton J. Ferguson Field, WV 

(Lat. 38°22′00′′ N, long. 82°33′29′′ W) 

That airspace extending upward from the 

surface to and including 3,400 feet MSL 

within a 4-mile radius of Tri-State/Milton J. 

Ferguson Field and 1 mile each side of the 

airport’s 292° bearing extending from the 4- 

mile radius to 5.8 miles northwest of the 

airport and 1 mile each side of the airport’s 

112° bearing extending from the 4-mile 

radius to 5.7 miles southeast of the airport. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA WV E5, Huntington, WV [Amended] 

Tri-State/Milton J. Ferguson Field, WV 

(Lat. 38°22′01′′ N, long. 82°33′31′′ W) 

That airspace extending upward from 700 

feet above the surface within an 8.3-mile 

radius of the Tri-State/Milton J Ferguson 

Field Airport and 2 miles on each side of the 

airport’s 112° bearing extending from the 8.3- 

mile radius to 10.2 miles southeast of the 

airport. 

* * * * * 

Issued in College Park, Georgia, on 

December 18, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–28308 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 502, 538, and 552 

[GSAR Case 2022–G517; Docket No. GSA– 

GSAR–2023–0028; Sequence No. 1] 

RIN 3090–AK60 

General Services Administration 

Acquisition Regulation; Reduction of 

Single-Use Plastic Packaging 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration is proposing to amend 

the General Services Administration 

Acquisition Regulation (GSAR) to add a 

new provision and clause to identify 

single-use plastic free (SUP-free) 

packaging availability for products 

under the Federal Supply Schedules 

with the goal of reducing single-use 

plastic packaging. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before February 26, 

2024 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to GSAR Case 2022–G517 to: 

Regulations.gov: https:// 

www.regulations.gov via the Federal 

eRulemaking portal by searching for 

‘‘GSAR Case 2022–G517’’. Select the 

link ‘‘Comment Now’’ that corresponds 

with GSAR Case 2022–G517. Follow the 

instructions provided at the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘GSAR 

Case 2022–G517’’ on your attached 

document. If your comment cannot be 

submitted using https:// 

www.regulations.gov, call or email the 

points of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

Instructions: Please submit comments 

only and cite GSAR Case 2022–G517, in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Adina Torberntsson, Procurement 

Analyst, at gsarpolicy@gsa.gov or 720– 

475–0568. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at gsaregsec@

gsa.gov or 202–501–4755. Please cite 

GSAR Case 2022–G517. 

SUPPLEMENTARY INFORMATION: 

I. Background 

As one of the largest Federal 

purchasing agencies, the General 

Services Administration (GSA) 

purchases an enormous variety of 

different products. Despite product 

diversity, one element that is consistent 

across these acquisitions is the presence 

of product packaging and shipment 

packaging. Single-use plastic packaging 

has an additional cost that is often built 

into the proposed price, or the price is 

later realized in the cost of waste 

management. In addition, the cost of 

cleaning up environmental pollution 

and the cost of impacts to human health 

created by single-use plastics are often 

not accounted for in the price of the 

product. 

A large portion of plastic waste comes 

from plastic packaging alone, and much 

of this packaging is designed to be used 

only once. This rule represents a small 

step in addressing the larger problem of 

too much plastic waste. 

GSA amended internal policy 

guidance in the GSA Acquisition 

Manual (GSAM) Change 138, Case 

2021–G528 1 to address acquisition 

planning as it relates to waste, sourcing, 

efficiency, and content management. 

GSA is now seeking a regulatory action 

that will be applied to its Federal 

Supply Schedules (FSS). 

Multiple factors contributed to the 

decision to propose this regulatory 

action. These factors include: (a) 

existing policy and guidance, (b) GSA 

Acquisition Policy Federal Advisory 

Committee (GAP FAC) 

recommendations, (c) Advanced Notice 

of Proposed Rule (ANPR) public 

comments, and (d) current industry 

practices. More detailed information is 

provided below on the various 

information reviewed in the 

development of this rule. 

Objectives 

This proposed rule addresses the 

following: 

• Defines SUP-free packaging and 

single-use plastic packaging in 502.101 

Definitions. 

• Adds a new FSS provision to 

identify SUP-free packaging at 552.238– 

XXX. This provision requires the offeror 

to identify whether they do or do not 

offer SUP-free packaging. If the offeror 

provides SUP-free packaging, it will also 

identify whether the SUP-free packaging 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 88857 

2 Federal Sustainability Plan. 

3EPA Draft National Strategy Prevent Plastic 

Pollution. 

4Allen, Chapter 75, Statutes of 2022, was signed 

into law on June 30, 2022. 

5https://www.bloomberg.com/opinion/articles/ 

2022-10-24/california-poised-to-overtake-germanyas-world-s-no-4-economy. 

6https://www.ncsl.org/environment-and-naturalresources/state-plastic-bag-legislation#:∼:text=

Eight%20states%E2%80%94California

%2C%20Connecticut%2C,banned%20

single%2Duse%20plastic%20bags. 

7https://www.gsa.gov/policy-regulations/policy/ 

acquisition-policy/gsa-acquisition-policy-federaladvisory-committee. 

8https://www.gsa.gov/system/files/ 

GAP%20FAC%20RECOMMENDATION%

20REPORT%202023-01%20%283%29.pdf. 

9https://www.science.org/doi/10.1126/ 

sciadv.1700782. 

is standard or must be specified by the 

ordering official. 

• Adds a new FSS SUP-free 

Packaging Availability clause at 

552.238–YYY. This clause includes a 

requirement to identify whether SUPfree packaging is available as the 

standard shipping practice, or at a 

premium or discount rate. Contractors 

that offer SUP-free packaging are 

encouraged to highlight SUP-free 

packaging in their price list and 

marketing materials. 

GSA encourages ordering activities, 

when placing FSS orders and 

establishing blanket purchase 

agreements (BPAs), to include a 

preference for sustainable solutions 

such as SUP-free packaging. GSA will 

also highlight industry partners that 

make SUP-free packaging by utilizing a 

new product icon in its ordering 

systems, such as GSA Advantage!®. The 

overall intent is to encourage industry 

partners who collaborate with GSA to 

reduce this critical waste stream, and to 

be acknowledged for their efforts in 

furtherance of this endeavor. 

GSA will examine further ways to 

update its e-tools. This may include 

tools such as the environmental aisle, 

green procurement compilation tool, 

and others to include an icon or other 

identifier for SUP-free packaging. 

Existing Policy and Guidance 

Executive Order 14057 (December 8, 

2021) 

Executive Order (E.O.) 14057, 

Catalyzing Clean Energy Industries and 

Jobs Through Federal Sustainability, 

Section 207, specifically addresses 

plastic pollution by referencing the Save 

Our Seas Act, Public Law 116–224, and 

promoting a circular economy. 

In February of 2022, the GAP FAC 

referenced E.O. 14057 when 

recommending that GSA take action in 

addressing single-use plastics in federal 

acquisitions. 

Federal Sustainability Plan (December 

2021) 

The Federal Sustainability Plan 

outlines the path for Federal Operations 

to achieve net-zero emission 

procurements by 2050. To do this, the 

plan directs the federal government to 

maximize procurement of sustainable 

products, as well as reduce waste. As a 

petrochemical product primarily 

manufactured using petrochemicals, 

single-use plastic is a product type 

whose reduction would address the 

plan’s goals to reduce emissions.2

Environmental Protection Agency (EPA) 

Draft National Strategy To Prevent 

Plastic Pollution (April 21, 2023) 

The EPA published a draft national 

strategy to prevent plastic pollution,3

which consists of three overarching 

goals: reduce pollution during plastic 

production, improve post-use materials 

management, and prevent trash and 

micro/nanoplastics from entering 

waterways and remove escaped trash 

from the environment. GSA can support 

this national strategy through this 

rulemaking to reduce single-use plastic 

packaging. 

Other State and Local Government 

Policy Efforts 

In planning the approach to this rule, 

GSA reviewed state and local 

government policies on reducing waste 

from single-use plastics such as 

California’s Plastic Pollution Prevention 

and Packaging Producer Responsibility 

Act (SB 54).4 This statute requires 

removal of all single use plastic 

packaging that is non-recyclable and 

non-compostable within the statutory 

timeframe. As the fifth largest 

economy,5 California’s legislation is a 

great indicator that the market can react 

to a reduction in single-use plastic 

packaging. Multiple states have 

followed suit with similar legislative 

actions to reduce single-use plastic 

packaging, including Connecticut, 

Delaware, Hawaii, Maine, New York, 

Oregon, and Vermont.6

GSA Acquisition Policy Federal 

Advisory Committee (GAP FAC) 

Recommendations 

The GAP FAC was established to 

provide recommendations specific to 

GSA to drive regulatory, policy, and 

process changes in acquisition.7 The 

GAP FAC is comprised of multiple 

stakeholders to include academics, nonprofit organizations, industry, and 

government employees. 

The policy subcommittee initially 

focused on steps GSA can take to ensure 

climate and sustainability issues are 

fully considered in the acquisition 

process, specifically researching the 

topic of single-use plastics. 

The GAP FAC identified risks 

associated with single-use plastics, 

including the use of redundant 

packaging, the cost for disposal, as well 

as the environmental justice issues 

raised by production, use, and waste 

management disposal of single-use 

plastics. The GAP FAC advised GSA 

that many single-use plastics and 

packaging are difficult or impossible to 

recycle or compost and end up in 

landfills or other waste management 

facilities, which are often located in or 

near disadvantaged communities. The 

advisory memo provided by the GAP 

FAC also highlights the Federal 

Sustainability Plan and discusses a netzero procurement goal by 2050 

established by E.O. 14057. 

The GAP FAC recommended 8 that 

GSA pursues rulemaking to reduce 

plastic waste. They highlighted that 

36% of all plastic produced is packaging 

material.9 The overall recommendation 

to pursue rulemaking aligns with public 

feedback received during the ANPR that 

was open for public comment from 

September through November of 2022. 

The rulemaking recommendations 

include developing pre-award 

incentives or post-award rewards to 

suppliers for reducing unnecessary 

plastic packaging in shipping materials, 

or product packaging materials, 

demonstrated through waste reduction 

plans or third-party ecolabels. 

Advanced Notice of Proposed Rule 

Public Comments 

An advanced notice of proposed 

rulemaking (ANPR) was published in 

July of 2022 (87 FR 40476) with a 60 day 

response deadline, which was then 

extended an extra 3 weeks to meet the 

demands of all interested parties (87 FR 

54937). The results of the ANPR were 

overall favorable with thousands of 

people signing statements of approval 

and submitting those as comments to 

the agency. 

Some comments reflect a 

misunderstanding of GSA’s role and the 

objective of the ANPR. As an acquisition 

agency, GSA is looking to leverage the 

acquisition system to reduce incoming 

single-use plastics packaging when 

Federal agencies use GSA contracts to 

acquire products. 

Multiple respondents raised concerns 

about the environmental impact of 

products that are predominantly 

biobased, but may have either a plastic 


khammond on DSKJM1Z7X2PROD with PROPOSALS
88858 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 

10https://www.smithsonianmag.com/smart-news/ 

the-us-recycled-just-5-percent-of-its-plastic-in-2021- 

180980052/#:∼:text=Of%20the%2040%

20million%20tons,and%20The%20Last%20Beach

%20Cleanup. 

11https://www.smithsonianmag.com/smart-news/ 

the-us-recycled-just-5-percent-of-its-plastic-in-2021- 

180980052/. 

12https://www.nytimes.com/1990/11/02/ 

business/packaging-and-public-image-mcdonald-sfills-a-big-order.html. 

13https://www.apple.com/environment/pdf/ 

Apple_Environmental_Progress_Report_2022.pdf. 

14Apple Environmental Report, page 42, https:// 

www.apple.com/environment/pdf/Apple_

Environmental_Progress_Report_2022.pdf. 

15For NAICs Code 322120 for paper mills the size 

standard is 1250 employees. MPM is designated as 

a small business per that NAICs. https:// 

www.encyclopedia.com/books/politics-andbusiness-magazines/monadnock-paper-millsinc#:∼:text=Monadnock%20Paper%20Mills

%2C%20Inc.%20is,small%20paper

%20mill%20in%20America. 

16https://www.mbtmag.com/global/article/ 

13215337/inside-americas-oldest-continuouslyoperating-paper-mill. 

17https://www.forbes.com/sites/jimvinoski/2019/ 

07/10/monadnock-paper-mills-celebrates-200- 

years-of-continuous-operation/?sh=3a2e273d44c1. 

18See Federal Acquisition Regulations (FAR) 

19.505(c) for additional information. 

19https://www.forbes.com/sites/ 

solitairetownsend/2018/11/21/consumers-wantyou-to-help-them-make-a-differe,nce/ 

?sh=474c27d46954. 

20The Elusive Green Consumer, Harvard 

Business Review, Aug. 2019 https://hbr.org/2019/ 

07/the-elusive-green-consumer. 

21https://www.barrons.com/articles/two-thirdsof-north-americans-prefer-eco-friendly-brandsstudy-finds-51578661728. 

22 https://www.forbes.com/sites/blakemorgan/ 

2021/04/19/customers-hate-plastic-packaging-sowhy-do-companies-keep-using-it/ 

?sh=7664ce9192c6. 

coating (for waterproofing), or might be 

a biobased plastic where it is unclear 

how to compost it. While these concerns 

do present real challenges to packaging, 

the intent of this rule is not to address 

biobased products or regulate packaging 

but rather to build conditions to reduce 

the single-use plastic waste stream 

associated with purchases through 

GSA’s Federal Supply Schedule. 

Some comments focused on recycling 

policies. While important, many of 

these comments are outside of GSA’s 

control and mission. Additionally, only 

8.7% of plastic waste was recycled 10 in 

2018, and that rate dropped to 5–6% in 

2021. Given the low percentage of 

plastic recycled,11 and the challenges 

with GSA affecting change in this area, 

GSA did not include recycling policies 

in the scope of this rulemaking. 

Multiple ANPR respondents provided 

feedback identifying concern if a 

product is not properly packaged and is 

thereafter damaged that would pose a 

greater environmental impact. To 

address those concerns, GSA is 

incentivizing the use of SUP-free 

packaging, as defined by the agency, not 

mandating it. The proposed rule 

encourages GSA’s industry partners to 

promote their Federal Supply Schedule 

contract through a new GSA 

Advantage!® SUP-free packaging 

product icon. Additionally, GSA will 

encourage its customers to consider 

packaging when making purchasing 

decisions through training and customer 

outreach. 

Industry Practices and Consumer 

Trends 

Overall review of applicable online 

articles, as well as review of companies’ 

available shareholders reports, indicates 

that a reduction in single-use plastic is 

positive for marketability of a company, 

or displaying the company’s values. 

One historic high-profile case for a 

corporate change to packaging was 

McDonald’s Corporation in 1990. 

Customers were concerned with the 

amount of polystyrene trash that was 

being produced. McDonald’s pursued a 

change in packaging materials, rather 

than polystyrene 12 recycling because it 

was not economically advantageous to 

do so. In making this change it 

highlighted that the company could be 

economically successful on a global 

scale, while still acting in the interest of 

the environment and the consumer. 

Online reviews of companies that sell 

a predominantly plastic product, such 

as electronic companies, have also 

shown positive trends in reducing 

single-use plastic packaging with the 

goal of reducing such packaging to zero. 

An example of this is Apple Computers. 

In the company’s 2022 environmental 

report the company highlighted a 75% 

reduction in plastic packaging as seen in 

2021 when compared to where the 

company was at in 2015.13 This 

indicates that not only is such a 

reduction achievable. Under this 

circumstance it makes sense for GSA to 

identify ways to encourage the move 

towards SUP-free packaging. 

Apple disclosed in the report that in 

2021 they moved away from molded 

foam packaging to corrugated cardboard 

to absorb the shock of transport, and 

were able to continue with their current 

suppliers to make this change. Apple 

stated that they saved 400 metric tons of 

single-use plastic by changing their 

packaging alone.14 The report continues 

that Apple is making these decisions to 

not only be environmentally 

conscientious but to also remain 

competitive in the market. 

Small businesses are also adopting 

this trend for product specific 

packaging. An example of this is 

Monadnock Paper Mill (MPM),15 which 

is the oldest operational papermill in 

the United States. Located outside of 

Bennington, New Hampshire.16 The 

mill has maintained operations by 

adapting over time, but also by 

promoting sustainability in their 

products to include packaging. The 

MPM business strategy highlights that to 

stay competitive over 200 years, you 

have to adapt and be forward thinking. 

The MPM looks to replace traditionally 

plastic products with paper ones.17

In addition, small businesses that sell 

on behalf of a large business 

manufacturer can make their packaging 

options a value-added component, thus 

adding competition where previous 

waivers were required.18

Survey data has shown that overall, 

customers’ do not want plastic 

packaging,19 and studies 20 find that 

people prefer sustainable brands.21

Overall 72% of consumers 22 worldwide 

are actively buying more sustainable 

products, with this trend continuing. 

These industry examples highlight 

that reducing single-use plastic 

packaging can be accomplished, without 

negatively impacting the product or the 

customer’s experience. 

II. Discussion and Analysis 

In review of existing legislation, 

agency regulations, GAP FAC 

recommendations, ANPR public 

comments, and market data, GSA 

determined that reduction is the best 

starting point for the agency, as well as 

our industry partners, in addressing 

single-use plastics. 

Although there could be multiple 

opportunities during an acquisition’s 

lifecycle to address product packaging, 

GSA decided encouraging industry 

partners to offer SUP-free packaging, to 

include either product or shipping 

packaging, for products awarded on a 

FSS contract was the best starting point. 

The FSS program is a long-term 

governmentwide contract with 

commercial companies that provide 

access to millions of commercial 

products and services at the best value, 

in terms of cost, quality and service. 

The Federal Supply Schedules makes 

buying easy and efficient with the use 

of modern technology to connect 

government buyers and industry. This 

rule will provide flexibility for 

contracting officers to determine if this 

is a competitive element specific to 

what they are procuring. 

In review of current GSA acquisition 

supplemental policies, there is a need to 

address single-use plastic waste as it 

relates to packaging and single-use 

plastic product waste, and trends 

around this topic. To reduce this wastestream, GSA is proposing to revise its 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 88859 

23Federal Trade Commission, www.ftc.gov, Part 

260 Guides for the Use of Environmental Marketing 

Claims. 

24 ISO 18601:2013 Packaging and the 

environment—General requirements for the use of 

ISO standards in the field of packaging and the 

environment https://www.iso.org/obp/ui/ 

#iso:std:iso:18601:ed-1:v1:en. 

25A Snapshot of Government-Wide Contracting 

for FY, April 15, 2023, https://www.gao.gov/blog/ 

snapshot-government-wide-contracting-fy-2022. 

regulations when establishing Federal 

Supply Schedule contracts as further 

described below. 

GSAR Part 502 Definitions 

The regulatory changes include 

providing definitions for single-use 

plastic packaging as well as SUP-free 

packaging. The definitions for single-use 

plastic packaging and SUP-free 

packaging take into account the needs of 

the agency, market trends to include 

consumer demand, and guidance 

received from both the ANPR and the 

GAP FAC. 

These definitions were developed by 

adopting what some state legislatures 

have done, such as California in 

defining single-use plastic packaging. 

Additional guidance in developing 

these definitions came from reviewing 

both the Federal Trade Commissions 

(FTC) Green Guides 23 on product 

packaging and the International 

Organization for Standardization (ISO) 

ISO 18601:2013,24 which addresses 

packaging. 

GSAR Part 538 Federal Supply 

Schedule Contracting 

To implement the proposed clause 

and provision for the Federal Supply 

Schedule, the prescription language in 

Part 538 has been updated to 

accommodate this change and require 

the new clause and provision to be 

included at the Federal Supply 

Schedule contract level. 

GSAR Part 552 Solicitation Provisions 

and Contract Clauses 

The intent of this rule is to encourage 

FSS contractors to adopt and promote 

SUP-free packaging instead of single-use 

plastic packaging. To do this, an 

existing clause needs to be amended, 

and a new clause and provision 

introduced. 

GSAR Clause 552.238–88 GSA 

Advantage!®

The change to 552.238–88 GSA 

Advantage!® highlights the GSA SUPfree packaging icon that is being 

implemented in support of this case. 

GSAR Provision 552.238–XX Single-Use 

Plastic (SUP) Free Packaging 

Identification 

This new provision provides the 

opportunity for GSA industry partners 

to identify if: (1) they are able to provide 

SUP free packaging; and (2) SUP free 

packaging is a standard part of their 

offering or must be specified by the 

ordering activity. The provision also 

identifies potential for a single-use 

plastic free packaging preference based 

on the proposed packaging label in 

GSA’s online catalogs to promote sales. 

GSAR Clause 552.238–YYY Single-Use 

Plastic (SUP) Free Packaging 

Availability 

The new clause includes general 

statements of behaviors that GSA wants 

to encourage industry partners to adopt, 

the definitions that apply to the clause, 

and applicable procedures for SUP-free 

packaging. 

GSA is defining SUP-free packaging 

as it relates to the agency and the 

Federal Supply Schedule. This 

definition will be incorporated into 

different electronic system 

enhancements in the form of an online 

icon that identifies those contractors on 

GSA Advantage!®. Industry partners are 

invited to identify any price premiums 

or discounts for SUP-free packaging. 

III. Expected Impact of the Rule 

This analysis includes both the cost 

and benefit impacts to both the public 

and GSA. The analysis includes 

identifying relevant products, 

developing a distinguishable icon, and 

developing internal guidance to help 

contracting activities learn how to apply 

searching for the icon to procure the 

environmentally preferable products. 

The rule is specific to GSA’s FSS 

program, with the intent of significantly 

reducing the single-use plastic waste 

stream. When voluntarily pursued, this 

action will reduce the Government’s 

waste consumption, and potentially 

save industry partners money by having 

them reduce unnecessary packaging as 

described in some of the high-profile 

case studies mentioned in section I.D. 

Industry Practices and Consumer 

Trends. 

It is expected that by reducing the 

packaging’s overall bulk, industry will 

be better positioned to ship their items 

efficiently and effectively. Reducing 

excessive bulk packaging has proven 

effective in increasing the amount of 

goods that can be loaded for 

transportation and is therefore helpful 

in the distribution of products. 

General Compliance Requirements 

Focusing the regulatory changes on 

FSS contractors will enable GSA to 

incentivize contractors to voluntarily 

provide SUP-free packaging information 

through GSA’s online system. The 

estimated cost per contractor is 

$1,796.14. The calculations as to how 

GSA got to this estimate are further 

described in section III.C. 

The SUP-free packaging identification 

provision allows FSS contractors to 

identify products that are either 

packaged or shipped without single-use 

plastic packaging. The rule also 

includes a clause for the contractor that 

allows for either a price premium or 

discount for SUP-free packaging when 

such a premium or discount is 

consistent with their commercial 

practice. 

Benefits 

This rule is intended to benefit GSA 

and customer agencies by reducing the 

single-use plastic waste stream, and also 

FSS industry partners by providing a 

new opportunity to showcase their 

responsible environmental stewardship. 

The Federal Government is the 

world’s single largest purchaser of goods 

and services, spending over $694 

billion 25 in contracts in Fiscal Year 

2022 alone. Public procurement can 

shift markets, drive innovation, and be 

a catalyst for adoption of new norms 

and global standards. Since the Federal 

Supply Schedules are the premiere 

entry point for commercial contractors 

to sell products (and services and 

solutions) to the Federal Government, 

the goal is to encourage the adoption of 

a new procurement norm to reduce 

single-use, unrecyclable, difficult to 

recycle, or frequently littered products 

plastic waste. Practices introduced or 

highlighted for the Federal Supply 

Schedules can easily be adopted into 

other Government contracts. 

Overall, the proposed rule is intended 

to benefit the public by encouraging 

positive behaviors in reducing waste, 

and reducing product costs by building 

in efficiencies. The rule is an initial step 

to continue to work with industry 

partners in addressing the intersection 

of waste materials and logistical 

efficiency in providing better packaging. 

It is critical that GSA take this first step 

in working with our suppliers in 

developing sustainable solutions 

together to meet mutual future goals. 

Estimated Public Costs 

The following is a summary of the 

estimated cost impacts to the public in 

addressing this new requirement to 

reduce single-use plastic packaging. 

These costs are incurred one-time upfront and are not recurring to 

participating contractors. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
88860 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 

26This number is derived from a rolling average 

of data from the FAS Schedules Sales Query (SSQ) 

dashboard for all FSS contractors (https://

d2d.gsa.gov/report/fas-schedule-sales-query-plusssq). Baseline for FY20 was 14,145; FY21 was 

14,109; FY22 was 14,343. Average number of FSS 

contractors for FY20 through FY22 is 14,199, 

rounded to 14,000. 

27 2023 Rest of US, 12 Step 5 × 2.0 fringe = 

$77.42; the rate is adjusted upward by 100% to 

adjust for overhead and benefits. 

28 2023 Rest of US, 12 Step 5 × 2.0 fringe = 

$77.42; the rate is adjusted upward by 100% to 

adjust for overhead and benefits. 

29 2023 Rest of US, 12 Step 5 × 2.0 fringe = 

$77.42; the rate is adjusted upward by 100% to 

adjust for overhead and benefits. 

30 2023 Rest of US, 12 Step 5 × 2.0 fringe = 

$77.42; the rate is adjusted upward by 100% to 

adjust for overhead and benefits. 

1. Regulatory Familiarization 

Regulatory familiarization includes 

the amount of time and effort it takes a 

company to become familiar with the 

requirements of the rule. The 

identification provision and availability 

clause speak to the behaviors that GSA 

wants to see industry adopt when doing 

business under GSA contracts. The time 

to read over and digest the information 

provided in this rule is negligible. The 

provision is similar to other selfidentifying provisions utilized in 

Government acquisition. 

For this reason, the proposed 

regulations require more of a 

familiarization in learning how to 

register in the etool; the assumption is 

1 hour of time. GSA calculated the time 

based on the agency’s subject matter 

expertise. We utilized the total number 

of Federal Supply Schedule contracts. 

The formula to calculate this cost is 

14,000 contracts 26 multiplied by 1 hour 

at a GS–12 27 equivalent rate. The total 

for this would equal $1,083,880. 

2. SUP-Free Packaging Identification 

The costs to comply with the SUP-free 

packaging identification provision 

includes time for the offeror to analyze 

their product catalog, identify existing 

SUP-free offerings, identify potential 

new (SUP) packaging offerings, and 

complete the provision questions. 

The anticipated average time, based 

on GSA’s knowledge of the schedule 

programs, to analyze the existing 

product catalog is 1 hour, however if 

this assertion is incorrect the agency 

welcomes industry feedback on this 

calculation or the following time 

calculations. The anticipated average 

time to identify existing and potential 

new SUP-free packaging offerings is 1 

hour. The anticipated time to answer 

the provision is 0.1 hours. The formula 

to calculate this cost is 14,000 contracts 

multiplied by 2.1 hours at a GS–12 28

equivalent rate. The total for this would 

equal $2,276,148. 

3. SUP-Free Packaging Availability 

The costs to comply with the SUP-free 

Packaging Availability clause includes 

time for the offeror to research and 

determine price premiums or discounts 

for SUP-free offerings and submit the 

information. 

The anticipated average time to 

research and determine the applicable 

pricings is 20 hours. The anticipated 

time to complete the submission is 0.1 

hours. The formula to calculate this cost 

is 14,000 contracts multiplied by 20.1 

hours at a GS–12 29 equivalent rate. The 

total for this would equal $21,785,988. 

4. Summary of Public Costs 

The total estimated public cost of 

compliance with this rule, if all FSS 

contractors adopted this voluntary 

requirement, would be $25,146,016. The 

14,000 participants are a conservative 

estimate since the offeror’s may choose 

if they want to provide SUP-free 

packaging as defined. The 14,000 

represents if all contractors were to 

comply, with an average cost per 

contractor of $1,796.14. 

Once recorded, there is no anticipated 

additional cost during subsequent years 

of performance unless the offeror is 

providing additional SUP-free 

packaging options. However, this cost 

would be absorbed with the cost the 

contractor would experience any time 

that they modified their Federal Supply 

Schedule price list, which they would 

do regardless if the rule was issued. 

With the Schedule contractors’ 

identification of SUP-free packaging 

being voluntary, the indirect benefits to 

adopting this change far outweigh the 

costs. FSS Contractors who voluntarily 

comply will have a competitive 

advantage by being able to market 

themselves utilizing the new SUP-free 

packaging icon on GSA Advantage!®. 

Schedule contractors are able to invest 

in this change which may provide 

greater visibility on GSA’s electronic 

tools to Federal buyers. With the market 

trending in this direction, accepting this 

change may assist GSA Schedule 

contractors in their overall marketing 

efforts within the private sector as well. 

GSA Costs 

1. Update to GSA e-Tools 

GSA reviewed various electronic tools 

that could support this rule. At this time 

the agency plans to utilize existing 

online tools such as GSA Advantage!®

which has the benefit of keeping costs 

low by utilizing IT infrastructure that 

already exists, and the added benefit of 

industry partners knowing how to 

utilize the system. If there are 

alternative GSA tools that would be 

more beneficial to utilize, then please 

provide that feedback. 

Capitalizing on the user interface 

knowledge, for both the GSA and 

industry, is pivotal in being able to 

implement the rule quickly. 

The estimated hours to update the 

existing systems is 800 hours (assuming 

5 employees working full time on this 

project for 4 weeks) at a GS–12 30

equivalent rate. The total for this effort 

would equal $61,936 (800 × $77.42). 

2. Workforce Familiarization 

GSA contracting officers will need to 

become familiar with the new policy at 

GSAR 502, 538, and 552. The GSA 

contracting officers will need to review 

these changes, interpret them, and apply 

them as prescribed. 

GSA contracting officers are required 

to remain current on policies for 

procurement, such as changes to the 

GSAR. Review of such policy changes 

are considered a part of the normal 

duties of contracting personnel. As 

such, this analysis does not quantify the 

time and effort for contracting officers to 

become familiar with the rule. It is 

acknowledged that there is time and 

effort involved for the acquisition 

workforce to become familiar with the 

rule or the tools available and to assist 

contractors with compliance, though 

those potential burden hours and costs 

are minimal. 

3. SUP-Free Packaging Material Costs 

GSA estimates that price premiums 

and discounts for SUP-free packaging 

will average out to zero additional cost. 

4. Summary of GSA Costs 

The total estimated GSA cost of 

implementation of this rule would be 

$61,936. 

Alternatives Considered 

When researching how to address this 

rule, several solutions were considered. 

After publishing the ANPR, it was 

determined that a rule that focused on 

reduction is preferable to alternatives 

such as recycling or mandatory 

elimination of plastic packaging. 

GSA’s mission is unrelated to 

environmental regulated programs such 

as recycling. Additionally, the recycling 

programs that GSA utilizes vary and are 

governed at local, municipal levels 

where the agency’s offices are located. 

Further, a rule seeking a mandatory 

elimination of plastic packaging may 

not be a feasible solution depending on 

what is being procured. For some 

supplies, such as healthcare products, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 88861 

plastic packaging can be a beneficial 

material. This rule is not seeking plastic 

elimination as users of Federal Supply 

Schedules may have a need for a 

product packaged with single use 

plastic, so a broad elimination may not 

be beneficial. 

While there are identified alternatives 

to reach a sustainable outcome 

regarding packaging, GSA is cognizant 

to not issue a broad rule without 

providing space for industry to pivot, 

and is interested in public feedback. 

Given the different types of products 

that GSA procures, a rule asking for 

changes to packaging that provides 

flexibility is the best method to keep 

costs down, while reaching a 

sustainable solution. 

Questions for the Public 

GSA is seeking public comment, 

including, as indicated above, regarding 

the potential impact of this rule on 

industry seeking to do business with the 

Federal Government through the FSS 

program. 

Questions that GSA are asking the 

public about are as follows: 

1. Are the definitions as currently 

described in the proposed rule clear? 

2. Are the identification questions 

described in the proposed provision 

clear? 

3. If you are a small business, do you 

foresee any potential impacts from the 

proposed rule? If yes please clarify if 

you anticipate either positive or 

negative impacts. 

4. Are the time estimates provided in 

the current analysis accurate? Current 

analysis is 1 hour to learn how to 

register in the e-tool, 2.1 hours for SUPfree packaging identification, and 20.1 

hours for the SUP-free packaging 

research? 

IV. Executive Orders 12866, 13563, and 

14094 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. E.O. 14094 (Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in E.O. 

12866 and E.O. 13563. 

OIRA has determined this rule to be 

a significant regulatory action. As a 

significant rule, this action is subject to 

review under section 6(b) of E.O. 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. 

V. Regulatory Flexibility Act 

GSA does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S. 601, et seq. 

because the rule change allows for many 

different solutions to the offeror as to 

how to propose a solution that considers 

transitioning from plastic packaging to 

SUP-free packaging. 

Furthermore, the rule change does not 

dictate how to determine what is 

redundant packaging or not, as 

discussed throughout the above 

analysis. Industry partners, to include 

small entities, have flexibility to provide 

solutions that meet their business needs, 

as well as potentially save cost by 

reducing redundant packaging. 

However, an Initial Regulatory 

Flexibility Analysis (IRFA) has been 

prepared consistent with 5 U.S.C. 603 

and is summarized below. 

The proposed rule will apply to large and 

small businesses. For purposes of this 

assessment, information generated from the 

FAS Schedule Sales Query Plus (SSQ+) has 

been used as the basis for estimating the 

number of contractors that may be involved. 

There are approximately 14,000 FSS 

contractors, of which over 12,000 (85%) were 

small business entities. 

The rule includes a provision for offerors 

to self-identify if they include single-use 

plastic (SUP) free packaging. The manner in 

which the offeror is answered, is then visible 

in a GSA electronic tool, which is provided 

by the agency. There are no fees associated 

with the identification tool, and the 

provision consists of two questions. 

The rule does not duplicate, overlap, or 

conflict with any other Federal rules. 

There are no known alternatives to this 

rule which would accomplish the stated 

objectives. Rule alternatives that could meet 

similar objectives are not advantageous to 

either the GSA or industry due to excessive 

cost and burden. An alternative would be to 

mandate specific types of packaging. 

Depending on the industry, there may be 

unintended cost consequences for a total 

change in packaging (for example 

transitioning from plastic to glass, the 

unintended cost might be due to 

transportation of a heavier product). For this 

reason the rule provides flexibility to 

industry to offer the Government solutions 

on reducing waste. 

The Regulatory Secretariat will be 

submitting a copy of the Initial 

Regulatory Flexibility Analysis (IRFA) 

to the Chief Counsel for Advocacy of the 

Small Business Administration. A copy 

of the IRFA may be obtained from the 

Regulatory Secretariat Division. GSA 

invites comments from small business 

concerns and other interested parties on 

the expected impact of this rule on 

small entities. 

GSA will consider comments from 

small entities as they relate to existing 

regulations in subparts affected by this 

rule in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (GSAR Case 2022–G517) in 

correspondence. 

VI. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 3501) does apply because 

the proposed rule contains information 

collection requirements. The existing 

Office of Management and Budget 

(OMB) Control Number 3090–0303 

titled ‘‘Federal Supply Schedule 

Solicitation Information’’ will be 

updated to reflect the information to be 

collected through GSAR 552.238–XXX 

and GSAR 552.238–YYY. 

A. Public Reporting Burden 

Public reporting burden specific to 

this proposed rule and the revision to 

collection of information previously 

approved is voluntary and includes the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. 

GSAR 552.238–XXX 

The annual reporting burden is 

estimated as follows: 

Respondents: 3,500. 

Responses per Respondent: 1. 

Total Responses: 3,500. 

Hours per Response: 2. 

Total Burden Hours: 7,000. 

GSAR 552.238–YYY 

The annual reporting burden is 

estimated as follows: 

Respondents: 3,500. 

Responses per Respondent: 1. 

Total Responses: 3,500. 

Hours per Response: 2. 

Total Burden Hours: 7,000. 

B. Public Comments 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate and 

based on valid assumptions and 

methodology; and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

Requesters may obtain a copy of the 

information collection documents from 


khammond on DSKJM1Z7X2PROD with PROPOSALS
88862 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 

the GSA Regulatory Secretariat Division, 

by calling 202–501–4755 or emailing 

GSARegSec@gsa.gov. Please cite 

‘‘Information Collection 3090–0303’’, in 

all correspondence. 

List of Subjects in 48 CFR Parts 502, 

538, and 552 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

Therefore, GSA proposes amending 

48 CFR parts 502, 538 and 552 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 502, 538 and 552 continue to read 

as follows: 

Authority: 40 U.S.C. 121(c). 

PART 502—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. Amend section 502.101 by adding 

in alphabetical order the definitions of 

‘‘Packaging’’, ‘‘Plastic’’, ‘‘Single use 

plastic (SUP)’’, and ‘‘Single-use plastic 

(SUP) free packaging’’ to read as 

follows: 

502.101 Definitions. 

* * * * * 

Packaging is the material used to 

protect an item. Packaging includes, but 

is not limited to: brand packaging, 

ancillary packaging, grouped packaging, 

and redundant packaging. 

(1) Brand packaging, sales packaging 

or primary packaging is packaging 

intended to provide the user or 

consumer with the individual unit of 

the product, such as plastic casing. 

(2) Shipping packaging, serves as 

protection for the goods to ensure safe 

transport to the end customer, 

including: 

(i) Ancillary packaging or transport 

packaging is packaging intended to 

secure the product, such as packing 

peanuts, wrapping materials, or molded 

materials. 

(ii) Grouped packaging or secondary 

packaging is packaging intended to 

bundle, sell in bulk, brand, or market/ 

display products. 

(iii) Redundant packaging or 

unnecessary packaging is packaging that 

does not add any measurable protection 

to the supply being shipped, such as 

multiple layers of bubble wrap to an 

already durable product that is encased 

in a cardboard box. An example of this 

is a home testing kit with all plastic 

components already packaged in a 

cardboard box with cardboard inserts to 

absorb shock, that is then shipped in 

multiple layers of bubble wrap. In this 

example the bubble wrap is the 

redundant single-use plastic packaging. 

Plastic means a synthetic or 

semisynthetic material chemically 

synthesized by the polymerization of 

organic substances that can be shaped 

into various rigid and flexible forms, 

and includes coatings and adhesives. 

‘‘Plastic’’ excludes natural rubber or 

naturally occurring polymers such as 

proteins or starches. 

Single-use plastic (SUP) packaging 

means any plastic used for the 

containment, protection, handling, 

delivery, or presentation of goods by a 

producer for a consumer with the intent 

of being disposed of immediately after 

use. Disposal of the product meaning 

that it is routinely recycled, disposed of, 

or discarded after its contents have been 

used or unpackaged, and typically not 

refilled or otherwise reused by the 

producer. Packaging includes, but is not 

limited to ancillary packaging, brand/ 

sales packaging, grouped packaging, and 

redundant packaging. 

Single-use plastic (SUP) free 

packaging means product or shipping 

containment materials free of single-use 

plastic. Examples may include, but are 

not limited, to corrugated cardboard, 

paper products, and paper backed tape. 

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

■ 3. Amend section 538.273 by— 

■ a. Adding paragraph (a)(4); 

■ b. Removing from paragraph (b) the 

phrase ‘‘to 52.212–1’’ and adding ‘‘to 

FAR 52.212–1’’ in its place; 

■ c. Removing from paragraph (c) the 

phrase ‘‘to 52.212–2’’ and adding ‘‘to 

FAR 52.212–2’’ in its place; 

■ d. Removing from paragraph (d) the 

phrase ‘‘to Clause 52.212–4’’ and adding 

‘‘to FAR 52.212–4’’ in its place; 

■ e. Adding paragraph (d)(38); and 

■ f. Removing from paragraph (e) the 

word ‘‘clause’’. 

The additions read as follows: 

538.273 FSS solicitation provisions and 

contract clauses. 

* * * * * 

(a) * * * 

(4) 552.238–XXX, Single-use Plastic 

Free Packaging Identification. 

* * * * * 

(d) * * * 

(38) 552.238–YYY, Single-use Plastic 

Free Packaging Availability. 

* * * * * 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 552.238–88 by— 

■ a. Revising the date of the clause; and 

■ b. Adding paragraph (c). 

The revision and addition read as 

follows: 

552.238–88 GSA Advantage!®. 

* * * * * 

GSA Advantage!® (DATE) 

* * * * * 

(c) Single use plastic (SUP) free packaging 

icon. Contractors are encouraged to utilize 

the GSA Advantage!® single-use plastic 

(SUP) free packaging icon when applicable 

(see 552.238–XXX). The offeror may include 

in their price list if the contractor is 

providing SUP-free packaging (either for 

shipping or as part of the product packaging) 

at either a price premium or discount (see 

552.238–YYY). 

(End of clause) 

■ 5. Add section 552.238–XXX and 

552.238–YYY to read as follows: 

552.238–XXX Single-use Plastic (SUP) 

Free Packaging Identification. 

As prescribed in 538.273(a), insert the 

following provision: 

Single-use Plastic Free Packaging 

Identification (DATE). 

(a) Single-use plastic free packing 

promotions. Ordering activities may focus 

their GSA Advantage!® search on the 

designated icons and price to meet climate 

objectives. Contractors who want to be 

considered must include SUP-free packaging 

as defined in 502.101. 

(b) Procedures. Offerors may complete the 

information in paragraph (c) when the 

resulting contract includes supplies. 

(1) SUP-free brand packaging. Schedule 

contractors may incorporate this information 

as part of their Schedule price list once the 

products that utilize SUP-free brand 

packaging are incorporated under their 

Schedule contract, prior to competing for an 

order for the identified product. 

(2) SUP-free shipping packaging. If the 

offeror is a reseller who is unable to address 

the brand packaging, but would like to 

pursue the icon for SUP-free shipping 

packaging, they may identify this availability. 

If already identified, notify the Schedule 

contract’s contracting officer with your 

response. 

(c) Optional identification requirements. In 

order to be considered for the designated 

icons noted in paragraph (d), the offeror must 

provide the following information. 

(1) SUP-free brand packaging. The offeror 

identifies that some or all supplies delivered 

under a contract resulting from this 

solicitation lll will use SUP-free brand 

packaging. SUP-free brand packaging where 

applicable should be included in the offer’s 

price list. 

(2) SUP-free shipping packaging. 

(i) The offeror identifies that some or all 

the supplies to be delivered under a contract 

resulting from this solicitationll will use 

SUP-free shipping packaging. SUP-free 

shipping packaging where applicable should 

be included in the offer’s price list. 

(ii) If the offeror responded ‘‘will’’ in 

paragraph (c)(i) of this provision, the offeror 

identifies that the SUP-free shipping 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 88863 

packaging__does need to be requested by the 

ordering official. 

(d) Identification standards. SUP-free 

packaging icons for the types identified in 

paragraph (c), will be available on GSA 

Advantage!®, as applicable. 

(e) Verification of SUP-free packaging. An 

offeror, in identifying an item with SUP-free 

packaging, must possess evidence or rely on 

a reasonable basis to substantiate the claim. 

The Government will accept an offeror’s 

claim of SUP-free packaging on the basis of 

possession of competent and reliable 

evidence. For any test, analysis, research, 

study, or other evidence to be ‘‘competent 

and reliable,’’ it must have been conducted 

and evaluated in an objective manner, using 

procedures generally accepted in the 

profession to yield accurate and reliable 

results. 

(End of Provision) 

552.238–YYY Single-use Plastic (SUP) 

Free Packaging Availability. 

As prescribed in 538.273(d), insert the 

following clause: 

Single-use Plastic Free Packaging 

Availability (DATE). 

(a) Definitions. As used in this clause— 

Single-use plastic (SUP) packaging means 

any plastic used for the containment, 

protection, handling, delivery, or 

presentation of goods by a producer for a 

consumer with the intent of being disposed 

of immediately after use. Disposal of the 

product meaning that it is routinely recycled, 

disposed of, or discarded after its contents 

have been used or unpackaged, and typically 

not refilled or otherwise reused by the 

producer. Packaging includes, but is not 

limited to ancillary packaging, brand/sales 

packaging, grouped packaging, and 

redundant packaging. 

Single-use plastic (SUP) free packaging 

means product or shipping containment 

materials free of single-use plastic. Examples 

may include, but are not limited, to 

corrugated cardboard, paper products, and 

paper backed tape. 

(b) General. The Contractor, in connection 

with this contract, is encouraged to— 

(1) Evaluate their products for redundant 

or unnecessary packaging that can be 

eliminated without affecting quality. 

(2) Package all products for shipment 

according to the Government’s instructions 

or, if there are no instructions, in a manner 

sufficient to ensure that the products are 

delivered in undamaged condition with as 

little plastic waste material as possible. 

(3) Limit the use of plastic packaging 

materials that have a high likelihood of not 

being reused or recycled, as appropriate (e.g., 

plastic casing or wrapping). 

(4) Adopt SUP-free packaging to the 

maximum extent practicable, as appropriate. 

(c) Procedures. 

(1) Price premiums and discounts. For any 

single-use plastic (SUP) free packaging 

identified per 552.238–XXX, SUP-Free 

Packaging Identification the Contractor may 

include in the submitted price list (see the 

MAS solicitation instructions for submitting 

price list, including I–FSS–600) SUP-free 

packaging. The submitted price list may 

include a separate means of displaying 

information regarding product packaging. If 

the contractor is providing SUP-free 

packaging at either a price premium or 

discount, this should be clearly identified in 

the submitted price list. 

(2) Submission requirements. As additional 

SUP-free packaging becomes available, the 

Contractor is encouraged to notify GSA of 

these changes, and is responsible for keeping 

all electronic catalog data current. 

(3) Identification of SUP-free packaging. 

For easy identification of SUP free packaging, 

once available, GSA will use a SUP-free 

packaging icon in GSA Advantage!®. 

(i) Offerors who provide SUP-free 

packaging and want to benefit from the GSA 

Advantage!® SUP-free packaging icon must 

provide the information required in 552.238– 

XXX, Single-use Plastic (SUP) Free Packaging 

Identification. 

(ii) The Contractor is encouraged to place 

the GSA logo and GSA Advantage!® SUP-free 

packaging icon on their website and FSS 

price list for applicable supplies, see https:// 

www.gsa.gov/logos. If the Contractor elects to 

use the GSA logo or icon, the website must 

clearly distinguish between those items 

awarded on the GSA contract and any other 

items offered by the Contractor on an open 

market basis. 

(d) Reliability. Accuracy of information 

and computation of prices for this clause is 

the responsibility of the Contractor. In 

addition to the other remedies available in 

the contract, the remedies may include, but 

are not limited to, the following: 

(1) If SUP-free packaging is provided at a 

higher rate but different packaging is 

received, the Government may pursue 

corrective action. 

(2) If SUP-free packaging is utilized, but 

the product received is damaged, the 

Contractor shall replace the item, or the 

Government may pursue corrective action. 

(3) Inclusion of incorrect information in 

the price list regarding SUP-free packaging 

may cause the Contractor to correct and 

resubmit the price list. 

(4) Failure to correct applicable 

information for this clause, may constitute 

sufficient cause for termination, pursuant to 

FAR 52.212–4, Contract Terms and 

Condition-Commercial Products and 

Commercial Services, or remedies as 

provided by law. 

(End of clause) 

[FR Doc. 2023–27942 Filed 12–22–23; 8:45 am] 

BILLING CODE 6820–61–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS