[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28494-28500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13256]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 7, 10, 11, 15, 23, 36, 42, and 52
[FAC 90-27, FAR Case 92-54, Item II]
RIN 9000-AG40
Federal Acquisition Regulation; Environmentally Preferable
Products
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comment.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to an interim rule amending
the Federal Acquisition Regulation (FAR) to incorporate policies for
the acquisition of environmentally preferable and energy-efficient
products and services. This regulatory action was subject to Office of
Management and Budget review under Executive Order 12866, dated
September 30, 1993.
DATES: Effective Date: May 31, 1995.
Comment Date: Comments should be submitted to the FAR Secretariat
at the address shown below on or before July 31, 1995. To be considered
in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405.
Please cite FAC 90-27, FAR case 92-54 in all correspondence related
to this case.
FOR FURTHER INFORMATION CONTACT:
Mr. Ralph DeStefano at (202) 501-1758 in reference to this FAR case.
For general information, contact the FAR Secretariat, Room 4037, GS
Building, Washington, DC 20405 (202) 501-4755. Please cite FAC 90-27,
FAR case 92-54.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements the Resource Conservation and Recovery
Act (RCRA) (42 U.S.C. 6901, et seq.); Executive Order 12873, Federal
Acquisition, Recycling, and Waste Prevention (58 FR 54911, October 22,
1993); and Office of Federal Procurement Policy (OFPP) Policy Letter
92-4, Procurement of Environmentally-Sound and Energy-Efficient
Products and Services (57 FR 53362, November 9, 1992).
The rule amends FAR Parts 7, 10, 11, 15, 23, 36, 42, and 52 to
clearly reflect the Government's preference for the acquisition of
environmentally-sound and energy-efficient products and services and to
establish an affirmative procurement program favoring items containing
the maximum practicable content of recovered materials. Definitions of
``new'' and ``other than new'' are added at 10.001, in the clauses at
52.210-5 and 52.210-7, and in the provision at 52.210-6. A new
provision and clause are added at 52.223-8 and 52.223-9 requiring
offerors and contractors to provide information regarding the
percentage of recovered materials in certain items proposed for use and
actually used in contract performance. A new clause is added at 52.223-
10 requiring contractors operating Government-owned or leased
facilities to establish cost-effective waste reduction programs.
B. Regulatory Flexibility Act
This interim rule may have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the rule
establishes a preference for the acquisition of environmentally-sound
and energy-efficient products and services and requires that contracts
for certain items specify minimum percentages of recovered material
content. An Initial Regulatory Flexibility Analysis (IRFA) has been
prepared and will be provided to the Chief Counsel for Advocacy for the
Small Business Administration. A copy of the IRFA may be obtained from
the FAR Secretariat. Comments are invited. Comments from small entities
concerning the affected FAR subpart will be considered in accordance
with 5 U.S.C. 610. Such comments must be submitted separately and cite
5 U.S.C. 601, se seq. (FAC 90-27, FAR Case 92-54), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply
because the interim rule contains information collection requirements.
Accordingly, a request for approval of a new information collection
requirement concerning environmentally sound products was submitted to
the Office of Management and Budget under 44 U.S.C. 3501, et seq.
Public comments concerning this request were invited through a Federal
Register notice published at 59 FR 60357, November 23, 1994.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DOD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that compelling reasons exist to promulgate this interim rule
without prior opportunity for public comment. This action is necessary
because Executive Order 12873 required implementation and incorporation
of its policies into the FAR by April 18, 1994. However, pursuant to
Public Law 98-577 and FAR 1.501, public comments received in response
to this interim rule will be considered in the formation of the final
rule.
List of Subjects in 48 CFR Parts 7, 10, 11, 15, 23, 36, 42, and 52
Government procurement.
[[Page 28495]] Dated: May 24, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR parts 7, 10, 11, 15, 23, 36, 42, and 52 are
amended as set forth below:
1. The authority citation for 48 CFR part 7, 10, 11, 15, 23, 36,
42, and 52 continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 7--ACQUISITION PLANNING
2. Section 7.102 is revised to read as follows:
7.102 Policy.
Agencies shall perform acquisition planning and conduct market
surveys for all acquisitions. This planning shall integrate the efforts
of all personnel responsible for significant aspects of the
acquisition. The purpose of this planning is to ensure that the
Government meets its needs in the most effective, economical, and
timely manner.
3. Section 7.103 is amended by redesignating paragraphs (a) through
(l) as (b) through (m) and adding new paragraphs (a) and (n) to read as
follows:
7.103 Agency-head responsibilities.
* * * * *
(a) Promoting and providing for full and open competition (see part
6) or, when full and open competition is not required in accordance
with part 6, for obtaining competition to the maximum extent
practicable, with due regard to the nature of the supplies and services
to be acquired (41 U.S.C. 253a(a)(1)).
* * * * *
(n) Ensuring that agency planners specify needs and develop plans,
drawings, work statements, specifications, or other product
descriptions promoting the use of environmentally preferable and
energy-efficient products and services (e.g., promoting energy
conservation and the use of recovered material content and the
elimination or reduction of ozone-depleting substances usage), and that
these are considered in the evaluation and award of contracts, as
appropriate (see part 23).
4. Section 7.105 is amended by revising paragraph (b)(15); and in
paragraph (b)(17) by removing the words ``energy conservation
measures''. The revised text reads as follows:
7.105 Contents of written acquisition plans.
* * * * *
(b) * * *
(15) Environmental and energy conservation objectives. Discuss all
applicable environmental and energy conservation objectives associated
with the acquisition (see part 23), the applicability of an
environmental assessment or environmental impact statement (see 40 CFR
part 1502), the proposed resolution of environmental issues, and any
environmentally-related requirements to be included in solicitations
and contracts.
* * * * *
PART 10--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS
5. Section 10.001 is amended by adding, in alphabetical order, the
following definitions:
10.001 Definitions.
* * * * *
Material, as used in this part, includes, but is not limited to,
raw material, parts, items, components, and end products.
New, as used in this part, means previously unused or composed of
previously unused materials and may include unused residual inventory
or unused former Government surplus property.
Other than new, as used in this part, includes, but is not limited
to, recycled, recovered, remanufactured, used, and reconditioned.
* * * * *
Reconditioned, as used in this part, means restored to an earlier
normal operating condition by readjustments and replacement of parts.
Remanufactured, as used in this part, means factory rebuilt to new
equipment performance specification and unused subsequent to
rebuilding.
* * * * *
6. Section 10.002 is amended by redesignating paragraph (e) as (f)
and adding a new (e) to read as follows:
10.002 Policy.
* * * * *
(e) The Resource Conservation and Recovery Act of 1976 (42 U.S.C.
6901, et seq.), as amended, and Executive Order 12873, dated October
20, 1993, establish requirements for the procurement of products
containing recovered materials, and environmentally preferable and
energy-efficient products and services. Requiring activities shall
prepare plans, drawings, specifications, standards (including voluntary
standards), and purchase descriptions that consider the requirements
set forth in part 23.
* * * * *
7. Section 10.004 is amended in paragraph (a)(1) by adding a
sentence at the end of the paragraph to read as follows:
10.004 Selecting specifications or descriptions for use.
(a)(1) * * * Agencies should prepared product descriptions to
achieve maximum practicable use of recovered material and other
materials that are environmentally preferable (see subparts 23.4 and
23.7).
* * * * *
8. Section 10.010 is revised to read as follows:
10.010 Acquiring other than new material, former Government surplus
property, and residual inventory.
(a) Agencies shall allow offers of other than new material, former
Government surplus property, or residual inventory unless it is
determined that such materials are unacceptable. When only new material
is acceptable, the solicitation shall clearly identify the material
that must be new. Offerors providing other than new material shall be
required to comply with the clause at 52.210-5, New Material, the
provisions at 52.210-6, Listing of Other Than New Material, Residual
Inventory, and Former Government Surplus Property, and the clause at
52.210-7, Other Than New Material, Residual Inventory, and Former
Government Surplus Property, as appropriate.
(b) Agencies shall specify products, including packaging, that
contain the highest practicable percentage of recovered and
environmentally preferable materials, and where applicable,
postconsumer material, consistent with performance requirements,
availability, price reasonableness, and cost-effectiveness.
(c) Contracting officers shall consider the following when
determining whether other than new materials, former Government surplus
property, or residual inventory are acceptable:
(1) Safety of persons or property.
(2) Specification and performance requirements.
(3) Price reasonableness.
(4) Total cost to the Government (including maintenance,
inspection, testing, and useful life).
(d) When a contract calls for material to be furnished at cost, the
allowable charge for former Government surplus property shall not
exceed the cost at which the contractor acquired the property.
9. Section 10.011 is amended by revising paragraphs (f)(1) and
(g)(1) to read as follows:
10.011 Solicitation provisions and contract clauses.
* * * * * [[Page 28496]]
(f)(1) The contracting officer shall insert the provision at
52.210-6, Listing of Other Than New Material, Residual Inventory, and
Former Government Surplus Property, in solicitations containing the
clause at 52.210-5.
* * * * *
(g)(1) The contracting officer shall insert the clause at 52.210-7,
Other Than New Material, Residual Inventory, and Former Government
Surplus Property, in contracts containing the clause at 52.210-5.
* * * * *
PART 11--ACQUISITION AND DISTRIBUTION OF COMMERCIAL PRODUCTS
10. Section 11.004 is amended by revising paragraph (b); and by
redesignating paragraphs (c)(2) through (c)(6) as (c)(4) through (c)(8)
and adding new paragraphs (c)(2) and (c)(3) to read as follows:
11.004 Market research and analysis.
* * * * *
(b) Requirements. Agencies shall conduct market research and
analysis as needed to--
(1) Ensure full and open competition;
(2) Ensure maximum practicable use of recovered materials (see
subpart 23.4);
(3) Promote energy conservation and efficiency; and
(4) Meet the Government's needs in a cost-effective manner.
(c) * * *
(2) The availability of the same or similar products that contain
recovered materials.
(3) The availability of the same or similar products that are
energy-efficient.
* * * * *
PART 15--CONTRACTING BY NEGOTIATION
11. Section 15.601 is amended by adding, in alphabetical order, the
definition ``source reduction'' to read as follows:
15.601 Definition.
* * * * *
Source reduction, as used in this subpart, means any practice which
(a) reduces the amount of any hazardous substance, pollutant, or
contaminant entering any waste stream or otherwise released into the
environment prior to recycling, treatment, or disposal; and (b) reduces
the hazards to public health and the environment associated with the
release of such substances, pollutants, or contaminants.
* * * * *
12. Section 15.605 is amended by adding paragraph (b)(1)(iv) to
read as follows:
15.605 Evaluation factors.
* * * * *
(b)(1) * * *
(iv) Environmental objectives, such as promoting waste reduction,
source reduction, energy efficiency, and maximum practicable recovered
material content (see part 23), shall also be considered in every
source selection, when appropriate.
* * * * *
PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
13. Section 23.201 is revised to read as follows:
23.201 Authorities.
(a) Energy Policy and Conservation Act (42 U.S.C. 6361(a)(1)) and
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
6901, et seq.).
(b) National Energy Conservation Policy Act (42 U.S.C. 8253 and
8262g).
(c) Executive Order 11912, April 13, 1976.
(d) Executive Order 12759, Sections 3, 9, and 10, April 17, 1991.
(e) Executive Order 12902, March 8, 1994.
14. Section 23.203 is revised to read as follows:
23.203 Policy.
Agencies shall consider energy-efficiency in the procurement of
products and services. Energy conservation and efficiency data shall be
considered along with estimated cost and other relevant factors in the
preparation of plans, drawings, specifications, and other product
descriptions.
15. Subpart 23.4 is revised to read as follows:
Subpart 23.4--Use of Recovered Materials
Sec.
23.400 Scope of subpart.
23.401 Authorities.
23.402 Definitions.
23.403 Policy.
23.404 Procedures.
23.405 Solicitation provisions and contract clause.
Subpart 23.4--Use of Recovered Materials
23.400 Scope of subpart.
This subpart prescribes policies and procedures for acquisition of:
(a) Environmental Protection Agency (EPA) designated items for
which agencies must develop and implement affirmative procurement
programs pursuant to 42 U.S.C. 6901, et seq., and E. O. 12873;
(b) Agency designated items specifying recovered material; and
(c) Other products when preference is given to offers of products
containing recovered material.
23.401 Authorities.
(a) The statutory basis for this program is the Resource
Conservation and Recovery Act of 1976 (RCRA), as amended (Solid Waste
Disposal Act, 42 U.S.C. 6901, et seq.). With limited exceptions, the
statute requires agencies responsible for drafting or reviewing
specifications to ensure that they:
(1) Do not exclude the use of recovered materials,
(2) Do not require the items to be manufactured from virgin
materials, and
(3) Do require, for EPA designated items, the use of recovered
materials to the maximum extent practicable without jeopardizing the
intended end use of the item. The statute further requires agencies to
develop and implement affirmative procurement programs for EPA
designated items within one year after EPA's designation.
(b) The statute also requires the EPA to prepare guidelines on the
availability, sources, and potential uses of recovered materials and
associated items, including solid waste management services.
(c) Executive Order 12873, dated October 20, 1993, requires that
the Federal Government assume leadership in making more efficient use
of natural resources through the acquisition of items made with
recovered materials and work to increase and expand markets for
recovered materials through greater Federal Government preference and
demand for such items. Executive Order 12873 also provides direction
for agency development and implementation of affirmative procurement
programs.
23.402 Definitions.
EPA designated item means an item that is or can be made with
recovered materials and is listed by EPA in a procurement guideline (40
CFR, chapter 1, subchapter I).
Postconsumer material means a material or finished product that has
served its intended use and has been discarded for disposal or
recovery, having completed its life as a consumer item. Postconsumer
material is a part of the broader category of ``recovered material.''
Recovered material means waste materials and by-products which have
[[Page 28497]] been recovered or diverted from solid waste including
postconsumer material, but such term does not include those materials
and by-products generated from, and commonly reused within, an original
manufacturing process.
23.403 Policy.
The Government's policy is to aquire, in a cost-effective manner,
items composed of the highest percentage of recovered materials
practicable consistent with maintaining a satisfactory level of
competition without adversely affecting performance requirements or
exposing suppliers' employees to undue hazards from the recovered
materials.
23.404 Procedures.
(a) Applicability. These procedures apply to all agency
acquisitions where the agency requires minimum percentages of recovered
materials. For EPA designated items, these procedures apply
(1) When the price of the item exceeds $10,000 or
(2) When the aggregate amount paid for items, or for functionally
equivalent items, in the preceding fiscal year was $10,000 or more.
(b) EPA designated items. (1) EPA has designated items that are or
can be made with recovered materials in 40 CFR chapter 1, subchapter I.
(2) For EPA designated items, agencies shall establish an
affirmative procurement program. The responsibilities for preparation,
implementation and monitoring of affirmative procurement programs shall
be shared between technical or requirements personnel and procurement
personnel. As a minimum, such programs shall include--
(i) A recovered materials preference program;
(ii) An agency promotion program;
(iii) A program for requiring reasonable estimates, certification,
and verification of recovered material used in the performance of
contracts; and
(iv) Annual review and monitoring of the effectiveness of the
program.
(3) Acquisition of EPA designated items which do not meet the EPA
or agency minimum recovered material standards shall be approved by an
official designated by the agency head based on a written determination
that the items--
(i) Are not available within a reasonable period of time;
(ii) Are available only at unreasonable prices;
(iii) Are not available from a sufficient number of sources to
maintain a satisfactory level of competition; or
(iv) Based on technical verification, fail to meet performance
standards in the specifications. Technical or requirements personnel
shall provide a written determination when this determination is used
partially or totally as a basis for an exemption. This determination
shall be made on the basis of National Institute of Standards and
Technology guidelines in any case in which the material is covered by
these guidelines.
(4) Annual contractor certifications required by the clause at
52.223-9 shall be consolidated and reported in accordance with agency
procedures.
(c) Agency designated items. Agency designated items specifying
recovered material content shall be acquired pursuant to agency
procedures.
23.405 Solicitation provisions and contract clause.
(a) The contracting officer shall insert the provision at 52.223-4,
Recovered Material Certification, in solicitations requiring the use of
recovered materials.
(b)(1) The contracting officer shall insert the provision at
52.223-8, Estimate of Percentage of Recovered Material for Designated
Items to be Used in the Performance of the Contract, in solicitations
containing a requirement for an EPA designated item.
(2) The contracting officer shall use Alternate I of the provision
at 52.223-8 in solicitations that do not require EPA designated items,
but do require agency designated items requiring recovered materials.
(3) The contracting officer shall use Alternate II of the provision
at 52.223-8 in solicitations containing a requirement for both EPA
designated and agency designated items.
(c) When the basic provision or Alternate II at 52.223-8 is used,
the contracting officer shall also insert the clause at 52.223-9,
Certification of Percentage of Recovered Material Content for EPA
Designated Items Used in Performance of the Contract.
16. Subpart 23.7 is added to read as follows:
Subpart 23.7--Contracting for Environmentally Preferable and Energy-
Efficient Products and Services
Sec.
23.701 Applicability.
23.702 Authorities.
23.703 Definitions.
23.704 Policy.
23.705 Application to Government-owned or leased facilities.
23.706 Contract clause.
23.701 Applicability.
This subpart prescribes policies for obtaining environmentally
preferable and energy-efficient products and services.
23.702 Authorities.
(a) Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901,
et seq.).
(b) National Energy Conservation Policy Act (42 U.S.C. 8262g).
(c) Pollution Prevention Act of 1990 (42 U.S.C. 13101, et seq.).
(d) Executive Order 12873, October 20, 1993.
(e) Executive Order 12856, August 3, 1993.
(f) Executive Order 12902, March 8, 1994.
23.703 Definitions.
Environmentally preferable means products or services that have a
lesser negative effect on human health or the environment when compared
with competing products or services that serve the same purpose. This
comparison should use principles recommended in guidance issued by EPA
(see Executive Order 12873, Section 503), and may consider raw
materials acquisition, production, manufacturing, packaging,
distribution, reuse, operation, maintenance, or disposal of the product
or service.
Recycling means the series of activities, including collection,
separation, and processing, by which products or other materials are
recovered from the solid waste stream for use in the form or raw
materials in the manufacture of products other than fuel for producing
heat or power by combustion.
Waste prevention also known as ``source reduction'' means any
change in the design, manufacturing, purchase, or use of materials or
products (including packaging) to reduce their amount or toxicity
before they become municipal solid waste. Waste prevention also refers
to the reuse of products or materials.
Waste reduction means preventing or decreasing the amount of waste
being generated through waste prevention, recycling, or purchasing
recycled and environmentally preferable products.
23.704 Policy.
(a) Agencies shall implement cost-effective contracting preference
programs favoring the acquisition of environmentally preferable and
energy-efficient products and services.
(b) The following environmental objectives shall be addressed
through the acquisition process:
(1) Obtaining products and services considered to be
environmentally preferable (based on EPA-issued guidance) and energy-
efficient. [[Page 28498]]
(2) Eliminating or reducing the generation of hazardous waste and
the need for special material processing (including special handling,
storage, treatment, and disposal).
(3) Promoting the use of nonhazardous and recovered materials.
(4) Realizing life-cycle cost savings.
(5) Promoting cost effective waste reduction when creating plans,
drawings, specifications, standards, and other product descriptions
authorizing material substitutions, extensions of shelf-life, and
process improvements; and
(6) Otherwise employing acquisition strategies that affirmatively
implement the objectives in paragraph (b) of this section.
23.705 Application to Government-owned or leased facilities.
Pursuant to Executive Order 12873, Section 701, every new contract
for contractor operation of a Government-owned or leased facility shall
require contractor programs to promote and implement cost-effective
waste reduction in performing the contract. In addition, where
economically feasible, existing contracts for contractor operation of
Government-owned or leased facilities should be modified to provide for
cost-effective waste reduction in contract performance.
23.706 Contract clause.
The contracting officer shall insert the clause at 52.223-10, Waste
Reduction Program, in all solicitations and contracts for contractor
operation of Government-owned or leased facilities.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
17. and 18. Section 36.601-3 is amended by redesignating paragraphs
(a) through (c) as (b) through (d) and adding a new paragraph (a) to
read as follows:
36.601-3 Applicable contracting procedures.
(a) Prior to announcing a requirement for architect-engineering
services for the design of a facility, the contracting officer shall
ask the technical official responsible for the facility being designed
to specifically identify any areas where recovered materials cannot be
used in the facility construction. In those areas where recovered
materials may be used, the architect-engineer shall specify use of the
maximum practicable amount of recovered materials in the construction
design specifications consistent with 10.010(b).
* * * * *
19. Section 36.602-1 is amended by redesignating paragraph (a)(6)
as (a)(7) and adding a new (a)(6) to read as follows:
36.602-1 Selection criteria.
(a) * * *
(6) Demonstrated success in prescribing the use of recovered
materials and achieving waste reduction and energy efficiency in
facility design.
* * * * *
20. Section 36.602-3 is amended by revising paragraph (c) to read
as follows:
36.602-3 Evaluation board functions.
* * * * *
(c) Hold discussions with at least three of the most highly
qualified firms regarding concepts, the relative utility of alternative
methods, and feasible ways to prescribe the use of recovered materials
and achieve waste reduction and energy-efficiency in facility design
(see part 23).
* * * * *
PART 42--CONTRACT ADMINISTRATION
21. Section 42.302 is amended by adding paragraph (a)(68) to read
as follows:
42.302 Contract administration functions.
(a) * * *
(68) Monitor the contractor's compliance with the requirements of
environmental laws including the Resource Conservation and Recovery Act
(RCRA) (42 U.S.C. 6901, et seq.) and other environmental requirements
as specified in the contract (see part 23). Responsibilities of the
contracting officer shall include--
(i) Verification of contractor compliance with specifications
requiring the use of environmentally preferable and energy-efficient
materials and the use of materials or delivery of end items with the
specified recovered material content. This shall occur as part of the
quality assurance procedures set forth in part 46.
(ii) As required in the contract, ensuring that the contractor
complies with the reporting requirements relating to recovered material
content utilized in contract performance.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
22. Sections 52.210-5, 52.210-6, and 52.210-7 are revised to read
as follows:
52.210-5 New Material.
As prescribed in 10.011(e), insert the following clause:
NEW MATERIALS (MAY 1995)
(a) Definitions.
Material, as used in this clause, includes, but is not limited
to, raw material, parts, items, components, and end products.
New, as used in this clause, means previously unused or composed
of previously unused materials and may include unused residual
inventory or unused former Government surplus property.
Other than new, as used in this clause, includes, but is not
limited to, recycled, recovered, remanufactured, used, and
reconditioned.
(b) Unless this contract specifies otherwise, the Contractor
represents that the supplies, including any residual inventory and
former Government surplus property identified under the Other Than
New Material, Residual Inventory, and Former Government Surplus
Property clause of this contract, are new and are not of such age or
so deteriorated as to impair their usefulness or safety.
(c) If the Contractor believes that furnishing other than new
material will be in the Government's interest, the Contractor shall
so notify the Contracting Officer in writing and request authority
to use such material. The Contractor's notice shall include the
reasons for the request along with a proposal for any consideration
due the Government if the Contracting Officer authorizes the use of
other than new material.
(End of clause)
52.210-6 Listing of Other Than New Material, Residual Inventory, and
Former Government Surplus Property.
As prescribed in 10.011(f), insert the following provision:
LISTING OF OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND FORMER
GOVERNMENT SURPLUS PROPERTY (MAY 1995)
(a) Definitions.
Material, as used in this provision, includes, but is not
limited to, raw material, parts, items, components, and end
products.
New, as used in this provision, means previously unused or
composed of previously unused materials and may include unused
residual inventory or unused former Government surplus property.
Other than new, as used in this provision, includes, but is not
limited to, recycled, recovered, remanufactured, used, and
reconditioned.
(b) If the offeror proposes to furnish other than new material,
residual inventory resulting from terminated Government contracts,
or former Government surplus property, the offeror shall provide the
following information as an attachment to the offer:
(1) A complete description of the materials.
(2) Quantity.
(3) Name of Government agency from which acquired.
(4) Date of acquisition, if applicable.
No other than new material, residual inventory or former
Government surplus property other than that listed on the attachment
shall be furnished under the [[Page 28499]] resulting contract
unless authorized in writing by the Contracting Officer.
(c) All material to be furnished under the resultant contract
must comply with the terms and specifications contained in the
contract.
(End of provision)
52.210-7 Other Than New Material, Residual Inventory, and Former
Government Surplus Property.
As prescribed in 10.011(g), insert the following clause:
OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND FORMER GOVERNMENT
SURPLUS PROPERTY (MAY 1995)
(a) Definitions.
Material, as used in this clause, includes, but is not limited
to, raw material, parts, items, components, and end products.
New, as used in this clause, means previously unused or composed
of previously unused materials and may include unused residual
inventory or unused former Government surplus property.
Other than new, as used in this clause, includes, but is not
limited to, recycled, recovered, remanufactured, used, and
reconditioned.
(b) The Contractor shall not furnish any other than new
material, residual inventory resulting from terminated Government
contracts, or former Government surplus property, unless such
materials were listed in the applicable attachment to the offer and
approved by the Contracting Officer or unless otherwise authorized
in writing by the Contracting Officer.
(c) All materials furnished under this contract shall comply
with the terms and specifications contained in the contract.
(End of clause)
23. Section 52.223-4 is revised to read as follows:
52.223-4 Recovered Material Certification.
As prescribed in 23.405(a), insert the following provision:
RECOVERED MATERIAL CERTIFICATION (MAY 1995)
The offeror certifies, by signing this offer, that recovered
materials, as defined in FAR 23.402, will be used as required by the
applicable purchase descriptions.
(End of provision)
24. Sections 52.223-8 through 52.223-10 are added to read as
follows:
52.223-8 Estimate of Percentage of Recovered Material for Designated
Items To be Used in the Performance of the Contract.
As prescribed in 23.405(b)(1), insert the following provision:
ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL FOR DESIGNATED ITEMS TO BE
USED IN THE PERFORMANCE OF THE CONTRACT (MAY 1995)
(a) By signing this offer, the offeror estimates that the total
percentage(s) of recovered material for EPA Designated Items (see 40
CFR, Chapter 1, Subchapter I) to be used in the products and
services to be provided under the terms and specifications set forth
in this solicitation shall be as follows:
------------------------------------------------------------------------
Estimated percentage of recovered
Item material-*
------------------------------------------------------------------------
__________________ __________________
__________________ __________________
------------------------------------------------------------------------
* In addition, for paper products, include the percentage of
postconsumer material.
(b) Prospective offerors are cautioned that the Government will
conclude that the percentage(s) of recovered materials to be used in
products and services to be provided under any resulting contract
shall be ``0%'' if the estimate(s) requested in this solicitation
provision are left blank.
(c) Prospective offerors are further cautioned that estimated
percentage(s) of recovered materials to be used in products and
services to be provided under any resulting contract that are less
than the requirements set forth in this solicitation may render a
prospective offeror's offer nonresponsive.
(End of provision)
Alternate I (MAY 1955). As prescribed in 23.405(b)(2), used the
basic provision and replace the words ``EPA Designated Items'' with
``Agency Designated Items'' in paragraph (a) of the basic provision.
Alternate II (MAY 1995). As prescribed in 23.405(b)(3),
substitute the following paragraph (a) for paragraph (a) of the
basic provision:
(a) By signing this offer, the offeror--
(1) Estimates that the total percentage(s) of recovered material
for EPA Designated Items to be used in the products and services to
be provided under the terms and specifications set forth in this
solicitation shall be as follows:
------------------------------------------------------------------------
Estimated percentage of recovered
Item material*
------------------------------------------------------------------------
__________________ __________________
__________________ __________________
------------------------------------------------------------------------
*In addition, for paper products, include the percentage of postconsumer
material.
(2) Estimates that the total percentage(s) of recovered material
for Agency Designated Items to be used in the products and services
to be provided under the terms and specifications set forth in this
solicitation shall be as follows:
------------------------------------------------------------------------
Percentage of recoverd
Item material content Total dollar amount of
utilized* of item used
------------------------------------------------------------------------
__________ __________ $__________
__________ __________ $__________
__________ __________ $__________
------------------------------------------------------------------------
*In addition, for paper products, include the percentage of postconsumer
material content utilized.
52.223-9 Certification of Percentage of Recovered Material Content for
EPA Designated Items Used in Performance of the Contract.
As prescribed in 23.405(c), insert the following clause:
CERTIFICATION OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA
DESIGNATED ITEMS USED IN PERFORMANCE OF THE CONTRACT (MAY 1995)
(a) As required under Section 6962 of the Solid Waste Disposal
Act, an officer or employee of the Contractor shall execute the
following certification annually as required in paragraph (b) of
this clause:
CERTIFICATION
I, ____________ (name of certifier), am an officer or employee
responsible for the performance of this contract and hereby certify
that the following minimum recovered material content for EPA
Designated Items was actually used in the performance of this
contract during the preceding Government fiscal year (October 1-
September 30, ______ ):
------------------------------------------------------------------------
Percentage of recovered
Item material content Total dollar amount of
utilized* item used
------------------------------------------------------------------------
__________ __________ $__________
__________ __________ $__________
__________ __________ $__________
------------------------------------------------------------------------
*In addition, for paper products, include the percentage of postconsumer
material content utilized.
----------------------------------------------------------------------
Signature of the Officer or Employee
----------------------------------------------------------------------
Typed Name of the Officer or Employee
----------------------------------------------------------------------
Title
----------------------------------------------------------------------
Name of Company, Firm, or Organization
----------------------------------------------------------------------
Date
(End of certification)
(b) The Contractor shall submit this certification annually to
________ * ________ by November 1, for the previous Government
fiscal year (October 1 through September 30).
*To be completed in accordance with agency procedures.
(End of clause)
52.223-10 Waste Reduction Program.
As prescribed in 23.706, insert the following clause:
WASTE REDUCTION PROGRAM (MAY 1995)
(a) Definition. Waste reduction, as used in this clause, means
preventing or decreasing the amount of waste being generated through
waste prevention, recycling, or purchasing recycled and
environmentally preferable products.
(b) Consistent with the requirements of Section 701 of Executive
Order 12873, the Contractor shall establish a program to promote
cost-effective waste reduction in all [[Page 28500]] operations and
facilities covered by this contract. Any such program shall comply
with applicable Federal, state, and local requirements.
(End of clause)
[FR Doc. 95-13256 Filed 5-30-95; 8:45 am]
BILLING CODE 6820-EPD-M
