28492 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Circular 90–27;

Introduction

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Summary presentation of final

and interim rules with request for

comment.

SUMMARY: This document summarizes

the FAR rules which follow it in the

order listed below. The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council are

issuing Federal Acquisition Circular

(FAC) 90–27 to amend the Federal

Acquisition Regulation (FAR).

DATES: For effective dates and comment

dates, see separate documents which

follow. Please cite FAC 90–27 and the

appropriate FAR case number(s) in all

correspondence related to the following

documents.

FOR FURTHER INFORMATION CONTACT: The

analyst whose name appears (in the

table above) in relation to each FAR case

or subject area. For general information,

contact the FAR Secretariat, Room 4037,

GS building, Washington, DC 20405,

(202) 501–4755. Please cite FAC 90–27

and specific FAR case number(s).

SUPPLEMENTARY INFORMATION: Federal

Acquisition Circular 90–27 amends the

Federal Acquisition Regulation (FAR) as

specified below:

Item and subject FAR Case Analyst

I: Double-Sided Copying (Interim) ...................................................................................................................... 92–50 DeStefano.

II: Environmentally Preferable Products (Interim) ............................................................................................... 92–54 DeStefano.

III: Ozone Executive Order (Interim) ................................................................................................................... 93–307 DeStefano.

IV: Addition of Three European Community Countries ...................................................................................... 95–601 McAndrew.

V: Trade Sanctions-Germany ............................................................................................................................. 94–5 O’Such.

VI: Interdivisional Transfers (Interim) .................................................................................................................. 94–9 Olson.

Item I—Double-Sided Copying (FAR

Case 92–50)

This interim rule amends FAR Part 4

and a new contract clause, Printing/

Copying Double-Sided on Recycled

Paper, is added at 52.204–4 to

encourage contractors to maximize the

use of double-sided copying on recycled

paper when submitting written

documents related to an acquisition.

Item II—Environmentally Preferable

Products (FAR Case 92–54)

This interim rule amends FAR Parts 7,

10, 11, 15, 23, 36, 42, and 52 to clearly

reflect the Government’s preference for

the acquisition of environmentallysound and energy-efficient products and

services and to establish an affirmative

procurement program favoring items

containing the maximum practicable

content of recovered materials. Changes

include addition of: (1) Definitions of

‘‘new’’ and ‘‘other than new’’ at 10.001,

in the clauses at 52.210–5 and 52.210–

7, and in the provision at 52.210–6; (2)

a new section at 23.4040(b) requiring

that acquisitions of certain items meet

the Environmental Protection Agency’s

minimum standards for recovered

material content, unless approval is

granted by an official designated by the

agency head; (3) a new provision and

clause 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;

and (4) a new clause at 52.223–10

requiring contractors operating

Government-owned or leased facilities

to establish cost-effective waste

reduction programs.

Item III—Ozone Executive Order (FAR

Case 93–307)

This interim rule implements

Executive Order 12843, Procurement

Requirements and Policies for Federal

Agencies for Ozone-Depleting

Substances, and Environmental

Protection Agency Clean Air Act Title

VI regulations, Protection of

Stratospheric Ozone (40 CFR Part 82). A

new subpart is added at FAR 23.8 to

provide policy for the acquisition of

items which contain, use, or are

manufactured with ozone-depleting

substances. Two new clauses are added:

52.223–11, Ozone—Depleting

Substances, and 52.223–12,

Refrigeration Equipment and Air

Conditioners. The clause at 52.223–11

requires contractors to label products

which contain or are manufactured with

class I or class II ozone-depleting

substances. The clause at 52.223–12

requires contractors to comply with

Sections 608 and 609 of the Clean Air

Act (42 U.S.C. 7671g and 7671h) as each

or both apply to the contract. 42 U.S.C.

7671g addresses a national recycling

and emission reduction program, and 42

U.S.C. 7671h addresses servicing of

motor vehicle air conditioners.

Item IV—Addition of Three European

Community Countries (FAR Case 95–

601)

This final rule adds three countries,

Austria, Finland and Sweden, to the

definition of ‘‘EC Country’’ in section

25.401 and in the clauses at 52.225–15

and 52.225–17, and adds the definition

of ‘‘sanctioned member state of the EC’’

in section 25.1001 and in the clauses at

52.225–18 and 52.225–19 of the FAR.

These countries joined the EC on

January 1, 1995.

Item V—Trade Sanctions—Germany

This final rule amends the definition

of ‘‘sanctioned member state of the

European Community’’ to remove the

‘‘Federal Republic of Germany’’ from

FAR 25.1001 and the clauses at 52.225–

18 and 52.225–19. These revisions are

based on the Office of the United States

Trade Representative’s determination,

which was published in the Federal

Register at 59 FR 11360, March 10,

1994.

Item VI—Interdivisional Transfers

(FAR Case 94–9)

This interim rule amends the cost

principle criteria for the cost of

interdivisional transfers to permit

interdivisional transfers at price rather

than cost under criteria that more

closely approximate those applied to

subcontracts eligible for exemption or

waiver of cost or pricing data.

Dated: May 24, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Federal Acquisition Circular

Number 90–27

Federal Acquisition Circular (FAC)

90–27 is issued under the authority of

the Secretary of Defense, the

Administrator of General Services, and

the Administrator for the National

Aeronautics and Space Administration.

Unless otherwise specified, all

Federal Acquisition Regulation (FAR)
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.