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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: July 18, 2000

SUBJECT: General Services Administration Acquisition Regulation (GSAR); Identification of Energy-Efficient Office Equipment and Supplies Containing Recovered Materials or Other Environmental Attributes

SOURCE: Federal Register; July 18, 2000, Vol. 65, No. 138, page 44508

AGENCIES: Office of Acquisition Policy, General Services Administration (GSA)

ACTION: Proposed Rule

SYNOPSIS: GSA is revising GSAR 552.238-72, Identification of Products that Contain Recovered Materials, are Energy-Efficient, or Have Other Environmental Attributes (e.g., Reduced Pollutants), to update the definition of energy-efficient products and to be consistent with Executive Order 13123 of June 3, 1999, Greening the Government Through Efficient Energy Management, and the proposed revised Federal Acquisition Regulation (FAR) Subpart 23.2, Energy and Water Efficiency and Renewable Energy, (it is currently titled "Energy Conservation").

EDITOR'S NOTE: The GSAR is the shaded part of the GSA Acquisition Manual, which is available on the Internet at http://www.arnet.gov/GSAM/gsam.html.

For more on the proposed revision of FAR Subpart 23.2, see the May 10, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Energy Efficiency of Supplies and Services."

DATES: Submit comments on or before September 18, 2000.

ADDRESSES: Send 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.

SUPPLEMENTAL INFORMATION: On May 10, 2000, a proposed revision to FAR Subpart 23.2 was published. The proposed FAR revision would implement Executive Order 13123, which directs federal agencies to improve energy management and reduce emissions.

GSAR 552.238-72, which is required to be included in Federal Supply Schedule solicitations and contracts, contains definitions which do not conform to Executive Order 13123 and proposed FAR Subpart 23.2. Therefore, this proposed rule would revise GSAR 552.238-72 as follows:

• The title of the clause would be changed from "Identification of Energy-Efficient Office Equipment and Supplies Containing Recovered Materials or Other Environmental Attributes" to "Identification of Products that Contain Recovered Materials, are Energy-Efficient, or Have Other Environmental Attributes (e.g., Reduced Pollutants)."
  
  
• A preamble would be added which would state: "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 [Contracting for Environmentally Preferable and Energy-Efficient Products and Services]). 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."
  
  
• The definition of "energy-efficient office equipment" would be removed and replaced by the following definition for "energy-efficient product": "a product that is either ENERGY STAR(R) 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)."
  
  
• The definition of "recovered materials" would have the following sentence added: "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 minimum recovered materials levels for specific products (40 CFR Part 247)."
  
  
• The following definition of "other environmental attributes" would be added: "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)."
  
  
• The following definition of "GSA Advantage!" would be added: "the GSA electronic on-line shopping mall that makes it easier for Federal employees to order products and services via the Internet."
  
  
• The definition of "remanufactured products" would be removed.
  
  
• The requirement that the offeror identify "energy-efficient office equipment and supplies that contain recovered material, remanufactured products or other environmental attributes" in its offer and any catalogs and pricelists would be supplemented by requiring that water-efficient products also be identified, and all the covered products would also have to be identified in the offeror's online product website and its electronic data submission for GSA Advantage!

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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