General Services Administration Acquisition Regulation; Contractor Identification of Products With Environmental Attributes

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]

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