DATE: February 7, 2003

SUBJECT: Department of Energy Acquisition Regulation (DEAR); Acquisition of Products Containing Recovered Materials

SOURCE: Federal Register, February 7, 2003, Vol. 68, No. 26, page 6355

AGENCIES: Department of Energy (DOE)

ACTION: Final Rule

SYNOPSIS: DOE is amending the DEAR to further implement Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, dated September 14, 1998. This final rule supplements the Federal Acquisition Regulation (FAR) policy regarding the acquisition of products containing recovered materials with regard to DOE's facility management contractors.

EDITOR'S NOTE: For more on Federal Acquisition Circular (FAC) 97-18, which amended the FAR to implement Executive Order 13101 and which is being supplemented by this final rule, see the June 6, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-18, Miscellaneous Amendments."

For more on the notice of proposed rulemaking (NPRM), see the November 30, 2000, FEDERAL CONTRACTS DISPATCH "Department of Energy Acquisition Regulation (DEAR); Acquisition of Products Containing Recovered Materials."

For more on the procurement of products with recovered materials, see the January 19, 2000, FEDERAL CONTRACTS DISPATCH "Comprehensive Guideline for Procurement of Products Containing Recovered Materials and Recovered Materials Advisory Notice III (RMAN III)." The Environmental Protection Agency's list of designated products is on the Internet at http://www.epa.gov/cpg/.

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: March 10, 2003.

FOR FURTHER INFORMATION CONTACT: Richard B. Langston, Office of Procurement and Assistance Policy, ME-61, 1000 Independence Avenue, SW, Washington, DC 20585 , 202-586-8247, e-mail: richard.langston@pr.doe.gov.

SUPPLEMENTAL INFORMATION: On September 14, 1998, President Clinton issued Executive Order 13101 to improve the federal government's use of recycled products and environmentally preferable products and services. The executive order states that "it is the national policy to prefer pollution prevention, whenever feasible. Pollution that cannot be prevented should be recycled; pollution that cannot be prevented or recycled should be treated in an environmentally safe manner. Disposal should be employed only as a last resort." FAC 97-18, published June 6, 2000, reorganized and rewrote FAR Subpart 23.4, Use of Recoverd Materials, to implement Executive Order 13101.

On November 30, 2000, DOE published an NPRM to bring the DEAR into conformance with the revised FAR. The NPRM proposed to make the following changes to the DEAR:

Five organizations submitted comments on the NPRM. As a result of the comments, the NPRM is finalized with the following changes:

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

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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