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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: September 2, 2003

SUBJECT: Department of Energy Acquisition Regulation (DEAR); Motor Vehicle Fleet Fuel Efficiency

SOURCE: Federal Register, September 2, 2003, Vol. 68, No. 169, page 52129

AGENCIES: Department of Energy (DOE)

ACTION: Final Rule

SYNOPSIS: DOE is amending the DEAR to implement Executive Order 13149, Greening the Government Through Federal Fleet and Transportation Efficiency, Transportation Efficiency, which directs federal agencies to exercise leadership in the reduction of petroleum consumption through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels.

EDITOR'S NOTE: For more on Executive Order 13149, see the April 26, 2000, FEDERAL CONTRACTS DISPATCH "'Greening the Government' Executive Orders."

The DEAR is Part 9 of Title 48 of the Code of Federal Regulations (CFR). It is available on the Internet at http://professionals.pr.doe.gov/ma5/MA-5Web.nsf/Procurement/Acquisition+Regulation?OpenDocument.

EFFECTIVE DATE: October 2, 2003.

FOR FURTHER INFORMATION CONTACT: Richard B. Langston, 202-586-8247, e-mail: richard.langston@pr.doe.gov.

SUPPLEMENTAL INFORMATION: On April 22, 2000, President Clinton issued three executive orders intended to insure the government's energy is used more efficiently and reduced. One was Executive Order 13149, which established the following as the government's goal: "Each agency operating 20 or more motor vehicles within the United States shall reduce its entire vehicle fleet's annual petroleum consumption by at least 20% by the end of FY [fiscal year] 2005, compared with FY 1999 petroleum consumption levels."

To implement Executive Order 13149, DOE is making the following changes to the DEAR:

• New DEAR Subpart 923.7, Contracting For Environmentally Preferable and Energy-Efficient Products and Services, is added. It consists of DEAR 923.703, Policy, which specifically references two requirements of Executive Order 13149:
  
  
  1. The establishment of "goals for the reduction of petroleum consumption in the motor vehicle fleet and [the] development of strategies for the increased use of alternative fuel vehicles, increased use of alternative fuels accompanied by improved alternative fuel infrastructure, and the acquisition of higher fuel economy vehicles. Procurement personnel involved in the acquisition of motor vehicles, including lease, and motor vehicle products should familiarize themselves with these requirements and assist their fleet management personnel in acquiring vehicles and products which comply with the requirements of the executive order and the Department's compliance strategy."
     
     
  2. "The acquisition of environmentally preferable motor vehicle products, including the use of biobased motor vehicle products. Environmentally preferable motor vehicle products include re-refined motor vehicle lubricating oils, retread tires, recycled engine coolants, and bio-based motor vehicle products. Use of these products is addressed by the Department's Affirmative Procurement Program required by 48 CFR (FAR) 23.404, Agency Affirmative Procurement programs, as implemented by 48 CFR (DEAR) 923.405, Procedures...Environmentally preferable motor vehicle products are among the items designated in the Comprehensive Procurement Guidelines, which lists products with recovered content that federal agencies and their contractors are to buy. That list is published by the Environmental Protection Agency..." (EDITOR'S NOTE: The Environmental Protection Agency's list of products designated in the Comprehensive Procurement Guidelines is on the Internet at http://www.epa.gov/cpg/.)

• A new DEAR 970.2307, Contracting for Environmentally Preferable and Energy-Efficient Products and Services, is added to address requirements applicable to DOE's management and operating (M&O) contracts. DEAR 970.2307 includes DEAR 970.2307-1, Motor Vehicle Fleet Operations, and DEAR 970.2307-2, Contract Clause.
  
  
  • DEAR 970.2307-1 essentially duplicates the text of DEAR 923.703, except that it also cites the requirements of two other portions of Executive Order 13149: "Section 505 of Executive Order 13149 requires that the goals and requirements of the order be included in all management contracts which include federal motor vehicle fleet operations. Section 506 of Executive Order 13149 exempts military tactical, law enforcement, and emergency vehicles from the requirements of the order."
    
    
  • DEAR 970.2307-2 requires the inclusion of DEAR 970.5223-5, DOE Motor Vehicle Fleet Fuel Efficiency, in all M&O contracts providing for contractor management of the motor vehicle fleet.
  
  
• DEAR 970.5223-5 is added. It requires the M&O contractor to conduct its fleet operations in accordance with Executive Order 13149 "and implementing guidance contained in the document entitled U.S. Department of Energy Compliance Strategy for Executive Order 13149 (April 2001) and future revisions of this compliance strategy that are identified in writing by the contracting officer."

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

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