[Federal Register: July 18, 2000 (Volume 65, Number 138)]
[Proposed Rules]
[Page 44508-44509]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy00-26]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 538 and 552
RIN 3090-AH25
Identification of Energy-Efficient Office Equipment and Supplies
Containing Recovered Materials or Other Environmental Attributes
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Proposed rule.
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SUMMARY: The General Services Administration (GSA) proposes to amend
the GSA Acquisition Regulation (GSAR) for consistency with the proposed
Federal Acquisition Regulation (FAR) revision of energy conservation
regulations and President Clinton's issuance of Executive Order 13123
on efficient energy management.
DATES: Comments should be submitted on or before September 18, 2000.
ADDRESSES: Mail comments to General Services Administration, Office of
Acquisition Policy, Division (MVP), 1800 F Street, NW., Room 4015,
Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: Beverly Cromer, GSA Acquisition Policy
Division, (202) 208-6750.
SUPPLEMENTARY INFORMATION:
A. Background
GSAR 538.273(a)(3) is revised to reflect the new clause title.
Clause 552.238-72, Identification of Products that Contain Recovered
Materials, are Energy-Efficient, or Have Other Environmental Attributes
(e.g., Reduced Pollutants), is revised to update the definition of
energy-efficient products and to reflect language that is consistent
with Executive Order 13123 (64 FR 30851) and proposed FAR Part 23.2
(FAR Case 99-011, 65 FR 30311, May 10, 2000).
B. Executive Order 12866
This regulatory action is 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.
C. Regulatory Flexibility Act
GSA certifies that this proposed rule will not 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.
D. Paperwork Reduction Act
The revised clause at 552.238-72, Identification of Products that
Contain Recovered Materials, are Energy-Efficient, or Have Other
Environmental Attributes (e.g., Reduced Pollutants), contains an
information collection requirement subject to the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.). However, the revisions to the clause made
by this rule do not affect the information collection requirement which
was approved previously by OMB and assigned control number 3090-0262.
List of Subjects in 48 CFR Parts 538 and 552
Government procurement.
Accordingly, 48 CFR parts 538 and 552 are proposed to be amended as
follows:
1. The authority citation for 48 CFR Parts 538 and 552 continues to
read as follows:
Authority: 40 U.S.C. 486(c).
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
2. Revise section 538.273(a)(3) to read as follows:
538.273 Contract clauses.
* * * * *
(a) * * *
(3) 552.238-72, Identification of Products that Contain Recovered
Materials, are Energy-Efficient, or Have Other Environmental Attributes
(e.g., Reduced Pollutants).
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Amend section 552.212-72 by revising the date of the clause and
by revising the title of the clause in paragraph 552.238-72(b) to read
as follows:
552.212-72 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders Applicable to GSA Acquisition of
Commercial Items.
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL
ITEMS
(DATE)
* * * * *
______ 552.238-72 Identification of Products that Contain Recovered
Materials, are Energy-Efficient, or Have Other Environmental Attributes
(e.g., Reduced Pollutants)
* * * * *
4. Revise section 552.238-72 to read as follows:
552.238-72 Identification of Products that Contain Recovered
Materials, are Energy-Efficient, or Have Other Environmental
Attributes (e.g., Reduced Pollutants).
As prescribed in 538.273(a)(3), insert the following clause:
IDENTIFICATION OF PRODUCTS THAT CONTAIN RECOVERED MATERIALS, ARE
ENERGY-EFFICIENT, OR HAVE OTHER ENVIRONMENTAL ATTRIBUTES (e.g.,
REDUCED
POLLUTANTS) (DATE)
Several laws, Executive orders, and Agency directives require
Federal buyers to purchase products and services that are less
harmful to the environment, when they are life cycle cost-effective
(see FAR Subpart 23.7). The U.S. General Services Administration
(GSA) requires contractors to highlight environmental products and
services under Federal Supply Service Schedule contracts in various
communications media; e.g., publications and electronic formats.
(a) Definitions. ``Recovered Materials,'' as used in this
clause, means waste material and by-products which have been
recovered or diverted from solid waste. This term does not include
those materials and by-products generated from, and commonly reused,
within an original manufacturing process (42 U.S.C. 6903(19)). For
paper, it also includes postconsumer materials, and manufacturing
certain other wastes. (42 U.S.C. 6962(h)). Note that the
Environmental Protection Agency (EPA) has developed a list of
Comprehensive Procurement Guideline Items (CPG Items) that directs
Federal agencies to purchase products that meet recommended
[[Page 44509]]
minimum recovered materials levels for specific products (40 CFR
Part 247).
``Energy-Efficient Product,'' as used in this clause, refers to
a product that is either ENERGY STAR<Register> labeled or its energy
consumption measures in the upper 25 percent of efficiency within
its comparable class of products as designated by the Department of
Energy Federal Energy Management Program (FEMP). (See Executive
Order 13123)
``Other Environmental Attributes,'' as used in this clause,
refers to product characteristics that provide environmental
benefits, excluding recovered materials and energy and water
efficiency. Several examples of these characteristics are
biodegradable, recyclable, reduced pollutants, ozone safe, and low
volatile organic compounds (VOCs).
``GAS Advantage,'' as used in this clause, refers to the GSA
electronic on-line shopping mall that makes it easier for Federal
employees to order products and services via the internet.
(b) The offeror must identify products that contain recovered or
remanufactured materials, are energy-efficient, water-efficient or
have other environmental attributes in each of the offeror's
following mediums:
(1) The offer itself;
(2) Printed commercial catalogs, brochures, and pricelists;
(3) Online product website; and,
(4) Electronic data submission for GSAAdvantage!
(c) An offeror, in identifying an item with an environmental
attribute, must possess evidence or rely on a reasonable basis to
substantiate the claim (see 16 CFR 260, Guides for the Use of
Environmental Marketing Claims). The government will accept an
offeror's claim of an item's environmental attribute on the basis
of--
(1) Participation in a Federal agency sponsored program, e.g.,
the EPA and DOE Energy Star product labeling program;
(2) Verification by an independent organization that specializes
in certifying such claims; or
(3) 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 by persons qualified to do so, using procedures
generally accepted in the profession to yield accurate and reliable
results.
(End of clause)
Dated: July 12, 2000.
David Drabkin,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 00-18062 Filed 7-17-00; 8:45 am]
BILLING CODE 6820-61-M