[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1453]
[[Page Unknown]]
[Federal Register: January 26, 1994]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 538 and 552
[APD 2800.12A, CHGE51]
General Services Administration Acquisition Regulation;
Contractor Identification of Products With Environmental Attributes
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Interim rule with request for comments.
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SUMMARY: The General Services Administration Acquisition Regulation
(GSAR) is revised to further policies expressed in various statutes and
executive orders that are intended to promote technological innovation
and the development of products that reduce energy consumption,
conserve natural resources, and are less harmful to consumers and the
environment. Established executive branch policy requires Federal
agencies to adopt policies that encourage industries to develop such
products and to maximize their use. This change to the GSAR prescribes
a clause for inclusion in multiple award schedules that encourages
offerors to identify those products that they market commercially with
environmentally beneficial claims.
DATES: Effective Date: January 28, 1994.
Comment Date: Comments on the interim rule should be submitted to
the address below on or before March 28, 1994 to be considered in the
formulation of the final rule.
ADDRESSES: Interested parties should submit written comments to Ms.
Marjorie Ashby, General Services Administration, Office of GSA
Acquisition Policy, 18th and F Sts., NW., Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: Paul Linfield, Office of GSA
Acquisition Policy (202) 501-1224.
SUPPLEMENTARY INFORMATION:
A. Background
Various statutes, including the Energy Policy and Conservation Act,
as amended (42 U.S.C. 6201 et seq.), the Energy Policy Act of 1992
(Pub. L. 102-486), the Clean Air Act Amendments of 1990 (Pub. L. 101-
549), and the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6901 et seq.), require Federal agencies to consider
energy-efficiency and other environmental considerations in their
procurement practices. These requirements are reinforced in a number of
executive orders, including Executive Orders 11912, 12759, 12843, 12845
and 12873. As a major procuring agency, the GSA, through its multiple
awards schedule programs, provides encouragement to suppliers to
produce products with environmental attributes and can assist Federal
agencies in meeting their responsibilities expressed in the various
statutes and executive orders through the identification of those
products.
B. Executive Order 12866
This rule was reviewed by the Office of Management and Budget (OMB)
in accordance with Executive Order 12866, Regulatory Planning and
Review.
C. Regulatory Flexibility Act
Under multiple award schedules, contractors currently are required
to submit certain marketing information with their offers and to
publish and distribute to ordering agencies commercial catalogs and/or
pricelists. This rule requests the voluntary identification of certain
information currently submitted by contractors.
D. Paperwork Reduction Act
This regulation contains information collection and/or
recordkeeping requirements that have been approved by OMB under section
3504(h) of the Paperwork Reduction Act and assigned OMB Control No.
3090-0250, Zero Burden Information Collection (expires 11/30/95). GSA
believes that the time and financial resources necessary for members of
the public to comply with the requirements of this rule are limited to
those that are ordinarily incurred in the normal course of business
activities. Specifically, contractors normally prepare catalogs and
pricelists that are furnished to prospective buyers as a means of
marketing and advertising the contractor's products.
Comments on the information collection requirement in this rule may
be directed to the Office of Information and Regulatory Affairs of OMB.
Attention: Desk Officer for GSA, Washington, DC 20503, and to Ms.
Marjorie Ashby, Office of GSA Acquisition Policy, room 4006, 18th and F
Sts., NW., Washington, DC 20405.
E. Determination To Issue an Interim Rule
A determination has been made under the authority of the
Administrator of General Services (GSA) to issue the regulation as an
interim rule. Compelling reasons require the promulgation of this rule
before affording the public an opportunity to comment in order to meet
certain implementation dates established in Executive Order 12843 and
12845, dated April 21, 1993. Pursuant to Public Law 98-577 and FAR
1.501, public comments received in response to this interim rule will
be considered in formulating the final rule.
List of Subjects in 48 CFR Parts 538 and 552
Government procurement.
Therefore, 48 CFR parts 538 and 552 are amended to read 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--GSA SCHEDULE CONTRACTING
2. Section 538.203-71 is amended by adding paragraph (d) to read as
follows:
538.203-71 Contract clauses.
* * * * *
(d) The contracting officer shall insert the clause at 552.238-75,
Identification of Energy-Efficient Office Equipment and Supplies
Containing Recovered Materials or Other Environmental Attributes, in
solicitations and contracts awarded under the multiple award schedule
program unless the contracting officer concludes that the solicitation
does not include items that are marketed commercially and have
environmentally beneficial features.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 552.238-75 is added to read as follows:
552.238-75 Identification of Energy-Efficient Office Equipment and
Supplies Containing Recovered Materials or Other Environmental
Attributes.
As prescribed in 538.203-71(d), insert the following clause:
Identification of Energy-Efficient Office Equipment and Supplies
Containing Recovered Materials or Other Environmental Attributes (Jan.
1994)
(a) Definitions. Energy-efficient office equipment, as used in
this clause, means office equipment that provide equivalent or
better performance and value to users, but uses significantly less
energy than competing models.
Recovered materials, as used in this clause, means waste
material and by-products which have been recovered or diverted from
solid waste, but such 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)).
(b) The offeror is encouraged to identify in its offer and
include in any commercial catalogs and pricelists submitted to the
Contracting Officer, energy-efficient office equipment and supplies
that contain recovered material or other environmental attributes.
An example of energy-efficient office equipment is microcomputers
and associated equipment identified by the Environmental Protection
Agency's (EPA's) Energy Star Logo. Supplies that contain recovered
materials and other environmental attributes include products
identified in EPA procurement guidelines (40 CFR Parts 248 through
253) and products that are either degradable, ozone safe,
recyclable, contain low volatile organic content compounds, or
contribute to source reduction. Such supplies shall satisfy the
guidance contained in 16 CFR Part 260, Guides for the Use of
Environmental Marketing Claims.
(c) An offeror, in identifying an item with an environmental
attribute, shall possess evidence or rely upon a reasonable basis to
substantiate the claim (see 16 CFR 260.5). 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.,
EPA's Energy Star Computer 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: November 15, 1993.
Richard H. Hopf, III,
Associate Administrator, Office of Acquisition Policy.
[FR Doc. 94-1453 Filed 1-25-94; 8:45 am]
BILLING CODE 6820-61-M
