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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: October 16, 2002

SUBJECT: Federal Acquisition Regulation (FAR); Energy-Efficient Standby Power Devices

SOURCE: Federal Register, October 16, 2002, Vol. 67, No. 200, page 64009

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: It is proposed that Federal Acquisition Regulation (FAR) Part 23, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace, be amended to implement Executive Order (EO) 13221 of July 31, 2001, Energy Efficient Standby Power Devices, and to clarify the requirements for the purchase of Environmental Protection Agency (EPA)-designated products.

EDITOR'S NOTE: For more on EO 13221, see the August 2, 2001, FEDERAL CONTRACTS DISPATCH "Executive Order 13221, Energy Efficient Standby Power Devices."

For more on another recent proposal to implement an EO by amending FAR Part 23, see the August 29, 2002, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Implementation of Executive Order 13148, Greening the Government through Leadership in Environmental Management."

DATES: Comments on the proposed rule must be submitted no later than December 16, 2002.

ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVP), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405, or by e-mail to farcase.2001-028@gsa.gov. Cite FAR case 2001-028 in all correspondence related to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Laura Smith at 202-501-7279.

SUPPLEMENTAL INFORMATION: On July 31, 2001, President Bush issued EO 13221 directing agencies to purchase electrical products that use no more than one watt in their standby power consuming mode. This proposed rule would implement EO 13221 by making the following changes to the FAR:

• The following definition for "energy-efficient standby power devices" would be added to FAR 2.101, Definitions: "Energy-efficient standby power devices means products that (1) include an external or internal power supply; and (2) use no more than one watt of electricity in their standby power consuming mode or meet recommended low standby levels as designated by the Department of Energy Federal Energy Management Program."
  
  
• Paragraph (d)(1) of FAR 11.002, Policy, would be revised to add that EO 13221 establishes requirements for acquiring "energy-efficient products and services; products and services that utilize renewable energy technologies; and products containing energy-efficient standby power devices." In addition, paragraph (d)(2) would be revised to add that agencies are to consider energy-efficient standby power devices when developing specifications, describing government requirements, and developing source selection factors.
  
  
• Paragraph (b)(1) of FAR 11.101, Order of Precedence for Requirements Documents, would be revised to state that agencies must prepare requirements documents to achieve maximum practicable use of "energy-efficiency, including using products containing energy-efficient standby power devices and renewable energy technologies..."
  
  
• To FAR 23.201, Authorities, would be added paragraph (e) which would list EO 13221 as an authority for FAR Subpart 23.2, Energy Conservation.
  
  
• Paragraph (a) of FAR 23.203, Energy-Efficient Products, would be revised to add, "For products that consume power in a standby mode and are listed on FEMP's [Department of Energy's Federal Energy Management Program ] Standby Power Devices product listing, agencies shall (A) purchase items which meet FEMP's standby power wattage recommendation or document the reason for not purchasing such items; or (B) if FEMP has listed a product without a corresponding wattage recommendation, purchase items which use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one watt requirement, agencies shall purchase items with the lowest standby wattage practicable." In addition, a new paragraph (b) would be added: "The requirements in paragraph (a) of this section only apply when the relevant product's utility and performance meet the agency's need" (the curent paragraph (b) would be redesignated as paragraph (c)).
  
  

In addition, FAR 23.405, Procedures, and FAR 23.406, Solicitation Provision and Contract Clauses, would be revised as follows to provide guidance on purchasing EPA-designated products:

• FAR 23.405(c) currently requires contracting officers to place a written justification in the contract file "if an acquisition of EPA-designated products above the micro-purchase threshold does not contain recovered material." This would be revised to require a written justification "if an acquisition of EPA-designated products above the micro-purchase threshold does not meet applicable minimum recovered material content recommended by EPA guidelines."
  
  
• FAR 23.406(a) currently requires contracting officers to "insert the provision at [FAR] 52.223-4, Recovered Material Certification, in solicitations that are for, or specify the use of, recovered materials." This would be revised to require contracting officers to insert FAR 52.223-4 "in solicitations that are for, or specify the use of, EPA-designated products containing recovered materials."

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

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