Federal Acquisition Circular 90-27; Introduction

[[Page 28492]]

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Circular 90-27; Introduction

agencies: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

action: Summary presentation of final and interim rules with request

for comment.

summary: This document summarizes the FAR rules which follow it in the

order listed below. The Civilian Agency Acquisition Council and the

Defense Acquisition Regulations Council are issuing Federal Acquisition

Circular (FAC) 90-27 to amend the Federal Acquisition Regulation (FAR).

dates: For effective dates and comment dates, see separate documents

which follow. Please cite FAC 90-27 and the appropriate FAR case

number(s) in all correspondence related to the following documents.

for further information contact: The analyst whose name appears (in the

table above) in relation to each FAR case or subject area. For general

information, contact the FAR Secretariat, Room 4037, GS building,

Washington, DC 20405, (202) 501-4755. Please cite FAC 90-27 and

specific FAR case number(s).

supplementary information: Federal Acquisition Circular 90-27 amends

the Federal Acquisition Regulation (FAR) as specified below:

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Item and subject FAR Case Analyst

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I: Double-Sided Copying (Interim) 92-50 DeStefano.

II: Environmentally Preferable 92-54 DeStefano.

Products (Interim).

III: Ozone Executive Order 93-307 DeStefano.

(Interim).

IV: Addition of Three European 95-601 McAndrew.

Community Countries.

V: Trade Sanctions-Germany....... 94-5 O'Such.

VI: Interdivisional Transfers 94-9 Olson.

(Interim).

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Item I--Double-Sided Copying (FAR Case 92-50)

This interim rule amends FAR Part 4 and a new contract clause,

Printing/Copying Double-Sided on Recycled Paper, is added at 52.204-4

to encourage contractors to maximize the use of double-sided copying on

recycled paper when submitting written documents related to an

acquisition.

Item II--Environmentally Preferable Products (FAR Case 92-54)

This interim 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.

Changes include addition of: (1) Definitions of ``new'' and ``other

than new'' at 10.001, in the clauses at 52.210-5 and 52.210-7, and in

the provision at 52.210-6; (2) a new section at 23.4040(b) requiring

that acquisitions of certain items meet the Environmental Protection

Agency's minimum standards for recovered material content, unless

approval is granted by an official designated by the agency head; (3) a

new provision and clause 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; and (4) a new clause at 52.223-10 requiring

contractors operating Government-owned or leased facilities to

establish cost-effective waste reduction programs.

Item III--Ozone Executive Order (FAR Case 93-307)

This interim rule implements Executive Order 12843, Procurement

Requirements and Policies for Federal Agencies for Ozone-Depleting

Substances, and Environmental Protection Agency Clean Air Act Title VI

regulations, Protection of Stratospheric Ozone (40 CFR Part 82). A new

subpart is added at FAR 23.8 to provide policy for the acquisition of

items which contain, use, or are manufactured with ozone-depleting

substances. Two new clauses are added: 52.223-11, Ozone--Depleting

Substances, and 52.223-12, Refrigeration Equipment and Air

Conditioners. The clause at 52.223-11 requires contractors to label

products which contain or are manufactured with class I or class II

ozone-depleting substances. The clause at 52.223-12 requires

contractors to comply with Sections 608 and 609 of the Clean Air Act

(42 U.S.C. 7671g and 7671h) as each or both apply to the contract. 42

U.S.C. 7671g addresses a national recycling and emission reduction

program, and 42 U.S.C. 7671h addresses servicing of motor vehicle air

conditioners.

Item IV--Addition of Three European Community Countries (FAR Case

95-601)

This final rule adds three countries, Austria, Finland and Sweden,

to the definition of ``EC Country'' in section 25.401 and in the

clauses at 52.225-15 and 52.225-17, and adds the definition of

``sanctioned member state of the EC'' in section 25.1001 and in the

clauses at 52.225-18 and 52.225-19 of the FAR. These countries joined

the EC on January 1, 1995.

Item V--Trade Sanctions--Germany

This final rule amends the definition of ``sanctioned member state

of the European Community'' to remove the ``Federal Republic of

Germany'' from FAR 25.1001 and the clauses at 52.225-18 and 52.225-19.

These revisions are based on the Office of the United States Trade

Representative's determination, which was published in the Federal

Register at 59 FR 11360, March 10, 1994.

Item VI--Interdivisional Transfers (FAR Case 94-9)

This interim rule amends the cost principle criteria for the cost

of interdivisional transfers to permit interdivisional transfers at

price rather than cost under criteria that more closely approximate

those applied to subcontracts eligible for exemption or waiver of cost

or pricing data.

Dated: May 24, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Federal Acquisition Circular

Number 90-27

Federal Acquisition Circular (FAC) 90-27 is issued under the

authority of the Secretary of Defense, the Administrator of General

Services, and the Administrator for the National Aeronautics and Space

Administration.

Unless otherwise specified, all Federal Acquisition Regulation

(FAR) [[Page 28493]] and other directive material contained in FAC 90-

27 are effective May 31, 1995.

Dated: May 2, 1995.

Ida M. Ustad,

Associate Administrator for Acquisition Policy, General Services

Administration.

Eleanor R. Spector,

Director, Defense Procurement Department of Defense.

Dated: April 24, 1995.

Tom Luedtke,

Deputy Associate Administrator for Procurement, NASA.

[FR Doc. 95-13254 Filed 5-30-95; 8:45 am]

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