[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Presidential Documents]
[Pages 40989-40992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19972]
[[Page 40987]]
_______________________________________________________________________
Part V
The President
_______________________________________________________________________
Executive Order 12969--Federal Acquisition and Community Right-To-Know
Presidential Documents
Federal Register / Vol. 60, No. 154 / Thursday, August 10, 1995 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 40989]]
Executive Order 12969 of August 8, 1995
Federal Acquisition and Community Right-To-Know
The Emergency Planning and Community Right-to-Know Act
of 1986 (42 U.S.C. 11001-11050) (``EPCRA'') and the
Pollution Prevention Act of 1990 (42 U.S.C. 13101-
13109) (``PPA'') established programs to protect public
health and the environment by providing the public with
important information on the toxic chemicals being
released into the air, land, and water in their
communities by manufacturing facilities.
The Toxics Release Inventory (``TRI'') established
pursuant to section 313(j) of EPCRA, 42 U.S.C.
11023(j), based on information required to be reported
under section 313 of EPCRA and section 6607 of PPA, 42
U.S.C. 13106, provides the public, industry, and
Federal, State, and local governments with a basic tool
for making risk-based decisions about management and
control of toxic chemicals, that can have significant
adverse effects on human health and the environment.
TRI data allow the public, industry, and government to
gauge the progress of industry and government efforts
to reduce toxic chemical wastes.
Sharing vital TRI information with the public has
provided a strong incentive for reduction in the
generation, and, ultimately, release into the
environment, of toxic chemicals. Since the inception of
the TRI program, reported releases to the environment
under TRI have decreased significantly.
The efficiency of the Federal Government is served when
it purchases high quality supplies and services that
have been produced with a minimum impact on the public
health and environment of communities surrounding
government contractors. Savings associated with reduced
raw materials usage, reduced use of costly, inefficient
end-of-pipeline pollution controls, and reduced
liability and remediation costs from worker and
community claims all serve to increase the economic and
efficient provision of essential supplies and services
to the government. As a result of TRI reporting, many
manufacturers have learned of previously unrecognized
significant efficiencies and cost savings in their
production processes.
The Federal Government's receipt of timely and quality
supplies and services is also served by the general
enhancement of relations between government contractors
and the communities in which they are situated, as well
as the cooperative working relationship between
employers and employees who may be subject to exposure
to toxic materials.
Information concerning chemical release and transfer
can assist the government to purchase efficiently
produced, lower cost, and higher quality supplies and
services that also have a minimum adverse impact on
community health and the environment.
NOW, THEREFORE, to promote economy and efficiency in
government procurement of supplies and services, and by
the authority vested in me as President by the
Constitution and the laws of the United States of
America, including EPCRA, 42 U.S.C. 11001 et seq., PPA,
42 U.S.C. 13101 et seq., 40 U.S.C. 471 and 486(a), and
3 U.S.C. 301, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the executive
branch in procuring supplies and services that, to
ensure the economical and efficient procurement of
Federal Government contracts, Federal agencies, to the
greatest extent practicable, shall contract with
companies that report in a public manner on toxic
chemicals released to the environment.
[[Page 40990]]
Sec. 2. Definitions. 2-201. All definitions found in
EPCRA and PPA and implementing regulations are
incorporated into this order by reference, with the
following exceptions for purposes of this order.
2-202. ``Federal agency'' means an ``Executive
agency,'' as defined in 5 U.S.C. 105. For purposes of
this order, military departments, as defined in 5
U.S.C. 102, are covered under the auspices of the
Department of Defense.
2-203. ``Acquisition'' means the acquiring by
contract with appropriated funds of supplies or
services (including construction) by and for the use of
the Federal Government through purchase or lease,
whether the supplies or services are already in
existence or must be created, developed, demonstrated,
and evaluated. Acquisition begins at the point when the
Federal department or agency needs are established and
includes the description of requirements to satisfy
agency needs, solicitation and selection of sources,
award of contracts, contract financing, contract
performance, contract administration, and those
technical and management functions directly related to
the process of fulfilling agency needs by contract.
2-204. ``Toxic chemical'' means a substance on the
list described in section 313(c) of EPCRA, 42 U.S.C.
11023(c), as it exists on the effective date of this
order.
2-205. ``Administrator'' means the Administrator of
the United States Environmental Protection Agency
(``EPA'').
2-206. ``Federal contractor'' means an entity that
has submitted the successful bid or proposal in
response to a competitive acquisition solicitation.
Sec. 3. Applicability. 3-301. Each Federal agency
shall, to the maximum extent practicable, include in
contract solicitations as an eligibility criterion for
the award of competitive acquisition contracts expected
to equal or exceed $100,000 with the Federal
contractors described in subsection 3-302, the
requirement that such contractors must file (and
continue to file for the life of the contract) a Toxic
Chemical Release Form (``Form R''), as described in
sections 313(a) and (g) of EPCRA, 42 U.S.C. 11023(a)
and (g), for each toxic chemical manufactured,
processed, or otherwise used by the Federal contractor
at a facility, as described in section 313 of EPCRA, 42
U.S.C. 11023, and section 6607 of PPA, 42 U.S.C. 13106.
3-302. The Federal contractors subject to the
eligibility criterion described in subsection 3-301
above are those who currently report to the TRI
pursuant to section 313(b)(1)(A) of EPCRA, 42 U.S.C.
11023(b)(1)(A), that is, manufacturers having Standard
Industrial Classification Code (``SIC'') designations
of 20 through 39 (as in effect on July 1, 1985).
3-303. Each Federal agency shall find that a
prospective Federal contractor has satisfied the
requirement in subsection 3-301 if the contractor
certifies in a solicitation that it:
(a) Does not manufacture, process, or otherwise use any
toxic chemicals listed under section 313(c) of EPCRA,
42 U.S.C. 11023(c);
(b) Does not have 10 or more full-time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C.
11023(b)(1)(A);
(c) Does not meet the reporting thresholds established
under section 313(f) of the EPCRA, 42 U.S.C. 11023(f);
or
(d) Has complied fully with the reporting requirements
of subsection 4-404.
3-304. Each Federal agency shall require the
filings described in subsection 3-301 above to include
information on all chemicals identified by the
Administrator pursuant to section 313(c) of EPCRA, 42
U.S.C. 11023(c), as of the date of this order.
3-305. Each Federal agency may amend existing
contracts, to the extent permitted by law and where
practicable, to require the reporting of information
specified in subsection 3-301 above.
3-306. As consistent with Title IV of the Federal
Acquisition Streamlining Act of 1994 (FASA), Public Law
103-355, and section 4(11) of the Office
[[Page 40991]]
of Federal Procurement Policy Act, 41 U.S.C. 403(11), the requirements
of this order are only applicable to competitive
acquisition contracts expected to equal or exceed
$100,000.
Sec. 4. Implementation. 4-401. Not later than September
30, 1995, the EPA shall publish in the Federal Register
guidance for compliance with this order, including
applicability with respect to subcontractors.
4-402. Within 30 days of the issuance of the
guidance provided for in subsection 4-401 above, each
Federal agency shall include in all acquisition
solicitations issued on or after the effective date of
this order, the provisions necessary to effect this
order.
4-403. For all contracts expected to exceed
$500,000, each Federal agency shall consult with the
Administrator or the Administrator's designee when the
agency believes it is not practicable to include the
eligibility requirement of section 3-301 in the
contract solicitation or award.
4-404. Each Federal agency shall require each
Federal contractor designated in subsection 3-302 above
to:
(a) Have included in its response to the contract
solicitation a certification, as specified in the
guidelines published pursuant to subsection 4-401 of
this order, that it will (if awarded the contract)
comply with the requirements of subsection 3-301; and
(b) File with the Administrator and each appropriate
State pursuant to section 313(a) of EPCRA, 42 U.S.C.
11023(a), the information required by subsection 3-301,
beginning on the next July 1 after the date on which
the contract is awarded.
4-405. Information submitted to the EPA pursuant to
subsection 4-404(b) above shall be subject to the trade
secret protections provided by section 322 of EPCRA, 42
U.S.C. 11042. Information that is not trade secret
shall be made available to the public pursuant to
sections 313(h) and (j) of EPCRA, 42 U.S.C. 11023(h)
and (j). The Administrator is directed to review
reports submitted pursuant to this order to determine
the appropriateness of any claims for trade secret
protection.
4-406. When the Administrator determines that a
Federal contractor has not filed the necessary forms or
complete information as required by subsection 3-301
above, the Administrator or the Administrator's
designee may recommend termination of the contract for
convenience. The Administrator shall transmit that
recommendation to the head of the contracting agency,
and that agency shall consider the recommendation and
determine whether to terminate the contract. In
carrying out this responsibility, the Administrator may
investigate any subject Federal contractor to determine
the adequacy of compliance with the provisions of this
order and the Administrator's designee may hold such
hearings, public or private, as the Administrator deems
advisable to assist in the Administrator's
determination of compliance.
4-407. Each contracting agency shall cooperate with
the Administrator and provide such information and
assistance as the Administrator may require in the
performance of the Administrator's functions under this
order.
4-408. Upon request and to the extent practicable,
the Administrator shall provide technical advice and
assistance to Federal agencies in order to assist in
full compliance with this order.
Sec 5. General Provisions. 5-501. The requirements of
this order shall be implemented and incorporated in
acquisition regulations, including the Federal
Acquisition Regulations (FAR), within 90 days after the
effective date of this order.
5-502. This order is not intended, and should not
be construed, to create any right or benefit,
substantive or procedural, enforceable at law by a
party against the United States, its agencies, it
officers, or its employees. This order is not intended,
however, to preclude judicial review of final agency
decisions in accordance with the Administrative
Procedure Act, 5 U.S.C. 701 et seq.
[[Page 40992]]
5-503. This order shall be effective immediately
and shall continue to be in effect until revoked.
(Presidential Sig.)
THE WHITE HOUSE,
August 8, 1995.
[FR Doc. 95-19972
Filed 8-8-95; 5:01 pm]
Billing code 3195-01-P
