Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28493

and other directive material contained

in FAC 90–27 are effective May 31,

1995.

Dated: May 2, 1995.

Ida M. Ustad,

Associate Administrator for Acquisition

Policy, General Services Administration.

Eleanor R. Spector,

Director, Defense Procurement Department of

Defense.

Dated: April 24, 1995.

Tom Luedtke,

Deputy Associate Administrator for

Procurement, NASA.

[FR Doc. 95–13254 Filed 5–30–95; 8:45 am]

BILLING CODE 6820–EPD–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 4 and 52

[FAC 90–27, FAR Case 92–50, Item I]

RIN 9000–AG41

Federal Acquisition Regulation;

Double-Sided Copying

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule with request for

comment.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to an interim rule amending the

Federal Acquisition Regulation (FAR) to

encourage contractors to maximize the

use of double-sided copying on recycled

paper when submitting documents

related to an acquisition. This regulatory

action was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993.

DATES: Effective Date: May 31, 1995.

Comment Date: Comments should be

submitted to the FAR Secretariat at the

address shown below on or before July

31, 1995 to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (VRS), 18th & F Streets, NW,

Room 4035, Attn: Ms Beverly Fayson,

Washington, DC 20405.

Please cite FAC 90–27, FAR case 92–

50 in all correspondence related to this

case.

FOR FURTHER INFORMATION CONTACT:

Mr. Ralph DeStefano at (202) 501–1758

in reference to this FAR case. For

general information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–27, FAR case 92–50.

SUPPLEMENTARY INFORMATION:

A. Background

Executive Order 12873, Federal

Acquisition, Recycling, and Waste

Prevention, dated October 20, 1993 (58

FR 54911), encourages the use of

double-sided copying on recycled paper

for documents printed within the

Government and under Government

contracts.

B. Regulatory Flexibility Act

This interim rule is not expected to

have a significant economic impact on

a substantial number of small entities

within the meaning of the Regulatory

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

because the requirements under the rule

are best efforts requirements. An Initial

Regulatory Flexibility Analysis has,

therefore, not been performed.

Comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, et seq. (FAC 90–27, FAR Case 92–

50), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collection of information from offerors,

contractors, or members of the public

which require the approval of OMB

under 44 U.S.C. 3501, et seq.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

(DOD), the Administrator of General

Services (GSA), and the Administrator

of the National Aeronautics and Space

Administration (NASA) that compelling

reasons exist to promulgate this interim

rule without prior opportunity for

public comment. This action is

necessary because the rule implements

Executive Order 12873, which required

FAR revisions by April 18, 1994.

However, pursuant to Public Law 98–

577 and FAR 1.501, public comments

received in response to this interim rule

will be considered in the formation of

the final rule.

List of Subjects in 48 CFR Parts 4 and

52

Government procurement.

Dated: May 24, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR Parts 4 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 4 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 4—ADMINISTRATIVE MATTERS

2. Section 4.000 is revised to read as

follows:

4.000 Scope of part.

This part prescribes policies and

procedures relating to the

administrative aspects of contract

execution, contractor-submitted paper

documents, distribution, reporting,

retention, and files.

3. Subpart 4.3 is added to read as

follows:

Subpart 4.3—Paper Documents

Sec.

4.300 Scope of subpart.

4.301 Authority.

4.302 Definition.

4.303 Policy.

4.304 Contract clause.

Subpart 4.3—Paper Documents

4.300 Scope of subpart.

This subpart provides policies and

procedures on contractor-submitted

paper documents.

4.301 Authority.

The authority for this subpart is

established in Executive Order 12873,

Sections 402(d) and 504, October 20,

1993.

4.302 Definition.

Printing/copying 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.

4.303 Policy.

It is the policy of the Government that

a contractor submitting paper

documents to the Government relating

to an acquisition should, if possible,

submit those documents printed/copied

double-sided on recycled paper. If the

contractor can only print/copy doublesided or use recycled paper, the

contractor should accomplish

whichever one the contractor has the

ability to achieve.
28494 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

4.304 Contract clause.

The contracting officer shall insert the

clause at 52.204–4, Printing/Copying

Double-Sided on Recycled Paper, in

solicitations and contracts.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

4. Section 52.204 is added to read as

follows:

52.204–4 Printing/Copying Double-Sided

on Recycled Paper.

As prescribed in 4.304, insert the

following clause:

PRINTING/COPYING DOUBLE-SIDED ON

RECYCLED PAPER (MAY 1995)

(a) In accordance with Executive Order

12873, dated October 20, 1993, the Offeror/

Contractor is encouraged to submit paper

documents, such as offers, letters, or reports,

that are printed/copied double-sided on

recycled paper that has at least 20%

postconsumer material.

(b) The 20% standard applies to highspeed copier paper, offset paper, forms bond,

computer printout paper, and carbonless

paper. A higher standard of 50% recovered

material, with 20% postconsumer material,

applies to other uncoated printing and

writing papers such as writing and office

paper, book paper, cotton fiber paper, and

cover stock. An alternative standard for

either of the standards specified in this

clause is 50% recovered material content of

certain industrial by-products.

(End of clause)

[FR Doc. 95–13255 Filed 5–30–95; 8:45am]

BILLING CODE 6820–EPD–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 7, 10, 11, 15, 23, 36, 42,

and 52

[FAC 90–27, FAR Case 92–54, Item II]

RIN 9000–AG40

Federal Acquisition Regulation;

Environmentally Preferable Products

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule with request for

comment.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to an interim rule amending the

Federal Acquisition Regulation (FAR) to

incorporate policies for the acquisition

of environmentally preferable and

energy-efficient products and services.

This regulatory action was subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993.

DATES: Effective Date: May 31, 1995.

Comment Date: Comments should be

submitted to the FAR Secretariat at the

address shown below on or before July

31, 1995. To be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (VRS), 18th & F Streets, NW,

Room 4035, Attn: Ms. Beverly Fayson,

Washington, DC 20405.

Please cite FAC 90–27, FAR case 92–

54 in all correspondence related to this

case.

FOR FURTHER INFORMATION CONTACT:

Mr. Ralph DeStefano at (202) 501–1758

in reference to this FAR case. For

general information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–27, FAR case 92–54.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule implements the

Resource Conservation and Recovery

Act (RCRA) (42 U.S.C. 6901, et seq.);

Executive Order 12873, Federal

Acquisition, Recycling, and Waste

Prevention (58 FR 54911, October 22,

1993); and Office of Federal

Procurement Policy (OFPP) Policy

Letter 92–4, Procurement of

Environmentally-Sound and EnergyEfficient Products and Services (57 FR

53362, November 9, 1992).

The rule amends FAR Parts 7, 10, 11,

15, 23, 36, 42, and 52 to clearly reflect

the Government’s preference for the

acquisition of environmentally-sound

and energy-efficient products and

services and to establish an affirmative

procurement program favoring items

containing the maximum practicable

content of recovered materials.

Definitions of ‘‘new’’ and ‘‘other than

new’’ are added at 10.001, in the clauses

at 52.210–5 and 52.210–7, and in the

provision at 52.210–6. A new provision

and clause are added at 52.223–8 and

52.223–9 requiring offerors and

contractors to provide information

regarding the percentage of recovered

materials in certain items proposed for

use and actually used in contract

performance. A new clause is added at

52.223–10 requiring contractors

operating Government-owned or leased

facilities to establish cost-effective waste

reduction programs.

B. Regulatory Flexibility Act

This interim rule may have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

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

because the rule establishes a preference

for the acquisition of environmentallysound and energy-efficient products and

services and requires that contracts for

certain items specify minimum

percentages of recovered material

content. An Initial Regulatory

Flexibility Analysis (IRFA) has been

prepared and will be provided to the

Chief Counsel for Advocacy for the

Small Business Administration. A copy

of the IRFA may be obtained from the

FAR Secretariat. Comments are invited.

Comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, se seq. (FAC 90–27, FAR Case 92–

54), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub.

L. 96–511) is deemed to apply because

the interim rule contains information

collection requirements. Accordingly, a

request for approval of a new

information collection requirement

concerning environmentally sound

products was submitted to the Office of

Management and Budget under 44

U.S.C. 3501, et seq. Public comments

concerning this request were invited

through a Federal Register notice

published at 59 FR 60357, November 23,

1994.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

(DOD), the Administrator of General

Services (GSA), and the Administrator

of the National Aeronautics and Space

Administration (NASA) that compelling

reasons exist to promulgate this interim

rule without prior opportunity for

public comment. This action is

necessary because Executive Order

12873 required implementation and

incorporation of its policies into the

FAR by April 18, 1994. However,

pursuant to Public Law 98–577 and FAR

1.501, public comments received in

response to this interim rule will be

considered in the formation of the final

rule.

List of Subjects in 48 CFR Parts 7, 10,

11, 15, 23, 36, 42, and 52

Government procurement.