Federal Acquisition Regulation; Requirements Supporting Procurement of Recycled Products and Environmentally Preferable Services

SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council (Councils) are proposing to amend the

Federal Acquisition Regulation (FAR) to implement Executive Order

(E.O.) 13101 dated September 14, 1998, Greening the Government through

Waste Prevention, Recycling, and Federal Acquisition. The amendments

also would reorganize and revise existing FAR text. FAR changes to

implement E.O. 13123 dated June 3, 1999, Greening the Government

through Efficient Energy Management, are the subject of a separate FAR

case.

DATES: Interested parties should submit comments to the FAR Secretariat

at the address shown below on or before November 22, 1999 to be

considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:

General Services Administration, FAR Secretariat (MVRS), 1800 F Street,

NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405. Address e-

mail comments submitted via the Internet to: [email protected].

Please submit comments only and cite FAR case 98-015 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS

Building, Washington, DC, 20405, at (202) 501-4755 for information

pertaining to status or publication schedules. For clarification of

content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-

1757. Please cite FAR case 98-015.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule amends the FAR to implement E.O. 13101. The

proposed rule amends FAR Subpart 2.1 to add definitions of terms used

in the FAR to implement environmental policies. In most cases, these

terms previously were defined in FAR Part 23, Environment,

Conservation, Occupational Safety, and Drug-Free Workplace. These terms

are used in other FAR parts. The relocation of these definitions to

Subpart 2.1 should make them easier to find and is intended to

facilitate understanding the FAR when the terms are used in these other

FAR parts. Other amendments include--

1. Reorganizing and revising Subpart 4.3;

2. Revising Subpart 7.1 to emphasize requirements in the E.O. that

agency requirements for printing and writing paper must meet minimum

content standards specified in section 505 of E.O. 13101;

3. Removing the definition of ``recovered material'' from Part 11,

since it is the same as the definition relocated to Subpart 2.1 and

making editorial changes;

4. Revising Subpart 11.3 to add definitions and special

requirements that the E.O. and Environmental Protection Agency (EPA)

use to implement policies concerning minimum content standards for

agency purchases of printing and writing paper; and

5. Clarifying the application to purchases at or below the micro-

purchase threshold ($2,500) of statutory requirements for buying

products containing recovered material.

Furthermore, the proposed rule rewrites Subparts 23.4 and 23.7.

While this rewrite does not change fundamental environmental policies,

the intent is to describe the policies and procedures in a more easily

understood manner, substitute reference to E.O. 13101 and remove

reference to the revoked E.O. 12873, and define ``biobased product,'' a

term defined in E.O. 13101. The proposed rule also contains a new

reference to an electronic address that provides Internet access to EPA

policy and requirements for acquiring products containing recovered

material. Finally, the rule revises the prescriptions for using clauses

prescribed in Subparts 4.3, 23.4, and 23.7 and the text of the clauses

implementing statutory requirements of the Resource Conservation

Recovery Act and requirements in E.O. 13101.

This rule was not subject to Office of Management and Budget review

under Section 6(b) of Executive Order 12866, Regulatory Planning and

Review, dated September 30, 1993. This rule is not a major rule under 5

U.S.C. 804.

B. Regulatory Flexibility Act

This proposed 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

amends two clauses and their applicability to small business concerns.

Small business concerns must certify minimum recovered materials

content for EPA-designated products when the percentage can be

verified. In addition, the rule will require small business concerns

that are awarded contracts for support services at Government-owned or

-operated facilities to comply with requirements of E.O. 13101 and

develop programs promoting and implementing cost-effective waste

reduction and affirmative procurement programs for EPA-designated

products. Therefore, the Councils performed an Initial Regulatory

Flexibility Analysis (IRFA), and it is summarized as follows:

The objective of this rule is to expand markets for products

that contain recovered material and to improve the Government's use

of products containing recovered material or environmentally

preferable products and services. The Resource Conservation Recovery

Act (RCRA) defines a ``procuring agency'' as ``any Federal agency,

or any State agency or agency of a political subdivision of a State

which is using appropriated Federal funds for such procurement, or

any person contracting with any such agency with respect to work

performed under such contract.'' RCRA applies to both large and

small businesses. RCRA's requirements for Federal procurement apply

to all purchases of an EPA-designated product after the Federal

agency purchases more than $10,000 of the product or functionally

equivalent products in a fiscal year. However, certain statutory

reporting requirements only apply to acquisitions exceeding

$100,000.

The proposed revision to FAR 52.223-9 removes the requirement

that a contractor provide at contract completion a certification of

minimum recovered material content actually utilized in contract

performance, except when the contracting officer believes the

percentage can be verified. We estimate that this reduced reporting

requirement will affect approximately 35,000 small entities that

perform contracts that utilize recovered materials.

Section 701 of E.O. 13101 requires that agency contracts for

contractor operation of a Government-owned or -leased facility and

contracts for support services at a Government-owned or -leased

facility include provisions obligating the contractor to comply with

requirements of the order. Compliance includes developing programs

to promote and implement cost-effective waste reduction and

affirmative procurement

[[Page 51657]]

programs required by RCRA. In fiscal year 1998, we estimate that

Federal agencies awarded approximately 1,000 contracts to small

entities for support services that would be covered by the

requirements in section 701 of E.O. 13101.

The FAR Secretariat has submitted a copy of the IRFA to the Chief

Counsel for Advocacy of the Small Business Administration. Interested

parties may obtain a copy from the FAR Secretariat. The Councils invite

comments from small businesses and other interested parties. The

Councils will consider comments from small entities concerning the

affected FAR subparts in accordance with 5 U.S.C. 610. Interested

parties must submit such comments and should cite 5 U.S.C. 601, et seq.

(FAR Case 98-015), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub. L. 104-13) applies because the

proposed changes to the FAR reduce information collection requirements

that have been approved by the Office of Management and Budget (OMB)

under OMB Control Number 9000-0134. The annual reporting burden for OMB

Control Number 9000-0134 is estimated to apply to 64,350 respondents

and the preparation time is estimated at .5 hours per response for a

total burden hour of 32,175 hours. We estimate that removal of the

certification requirement will affect more than one-half of the

respondents and reduce preparation time for those respondents by one-

third.

Annual Reporting Burden: We estimate the revised total burden hours

as follows:

Respondents: 64,350;

Responses per respondent: 1;

Total annual responses: 64,350;

Preparation hours per response: 25 minutes;

Total response burden hours: 26,800.

D. Request for Comments Regarding Paperwork Burden

We invite interested parties to comment on the information

collection requirements set forth above. Please send comments to:

Office of Information and Regulatory Affairs, Office of Management and

Budget, Attn: Mr. Peter N. Weiss, FAR Desk Officer, New Executive

Office Building, Room 10102, 725 17th Street, NW, Washington, DC 20503.

Also send a copy of any comments to the FAR Secretariat at the

address shown under ADDRESSES. Please cite the OMB Clearance Number

9000-0134 in all correspondence related to the estimate.

List of Subjects in 48 CFR Parts 2, 4, 7, 11, 13, 23, and 52

Government procurement.

Dated: September 17, 1999.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, DoD, GSA, and NASA propose that 48 CFR parts 2, 4, 7,

11, 13, 23, and 52 be amended as set forth below:

1. The authority citation for 48 CFR parts 2, 4, 7, 11, 13, 23, 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 2--DEFINITIONS OF WORDS AND TERMS

2. Amend section 2.101 by adding, in alphabetical order, the

definitions ``Energy-efficient product'', ``Environmentally

preferable'', ``Pollution prevention'', ``Recovered material'',

``Virgin material'', and ``Waste reduction'' to read as follows:

2.101 Definitions.

* * * * *

Energy-efficient product means a product in the upper 25 percent of

efficiency for all similar products or if there are applicable Federal

appliance or equipment efficiency standards, a product that is at least

10 percent more efficient than the minimum Federal standard.

Environmentally preferable means products or services that have a

lesser or reduced negative effect on human health and the environment

when compared with competing products or services that serve the same

purpose. This comparison may consider raw materials acquisition,

production, manufacturing, packaging, distribution, reuse, operation,

maintenance, or disposal of the product or service.

* * * * *

Pollution prevention means any practice that

(1) Reduces the amount of any hazardous substance, pollutant, or

contaminant entering any waste stream or otherwise released into the

environment (including fugitive emissions) prior to recycling,

treatment, or disposal, and reduces the hazards to public health and

the environment associated with the release of such substances,

pollutants, and contaminants;

(2) Reduces or eliminates the creation of pollutants through

increased efficiency in the use of raw materials, energy, water, or

other resources; or

(3) Protects natural resources by conservation.

* * * * *

Recovered material means waste materials and by-products recovered

or diverted from solid waste, but the term does not include those

materials and by-products generated from, and commonly reused within,

an original manufacturing process. For use in subpart 11.3 for paper

and paper products, see the definition at 11.301.

* * * * *

Virgin material means previously unused raw material, including

previously unused copper, aluminum, lead, zinc, iron, other metal or

metal ore, or any undeveloped resource that is, or with new technology

will become, a source of raw materials.

Waste reduction means preventing or decreasing the amount of waste

being generated through waste prevention, recycling, or purchasing

recycled and environmentally preferable products.

PART 4--ADMINISTRATIVE MATTERS

3. Amend Subpart 4.3 by removing section 4.301 and redesignating

sections 4.302 through 4.304 as sections 4.301 through 4.303,

respectively; and by revising the newly designated sections to read as

follows:

Subpart 4.3--Paper Documents

* * * * *

4.301 Definition.

Printed or copied double-sided, as used in this subpart, means

printing or reproducing a document so that information is on both sides

of a sheet of paper.

4.302 Policy.

It is the policy of the Government that, when electronic commerce

methods (see 4.502) are not being used, a contractor should submit

paper documents to the Government relating to an acquisition printed or

copied double-sided on recycled paper whenever practicable. If the

contractor cannot print or copy double-sided, it should print or copy

single-sided on recycled paper.

4.303 Contract clause.

Insert the clause at 52.204-4, Printed or Copied Double-Sided on

Recycled Paper, in solicitations and contracts that exceed the

simplified acquisition threshold.

PART 7--ACQUISITION PLANNING

4. Amend section 7.103 by revising paragraph (n) to read as

follows:

[[Page 51658]]

7.103 Agency-head responsibilities.

* * * * *

(n) Ensuring that agency planners--

(1) Specify needs for printing and writing paper consistent with

the minimum content standards specified in section 505 of Executive

Order 13101 of September 14, 1998, Greening the Government through

Waste Prevention, Recycling, and Federal Acquisition (see 11.303); and

(2) Comply with the policy in 11.002(d) regarding procurement of

products containing recovered materials and environmentally preferable

and energy-efficient products and services.

* * * * *

PART 11--DESCRIBING AGENCY NEEDS

11.001 [Amended]

5. Amend section 11.001 by removing the definitions ``Recovered

material'' and ``Virgin material.''

6. Amend section 11.002 by revising paragraph (d) to read as

follows:

11.002 Policy.

* * * * *

(d) The Resource Conservation and Recovery Act of 1976 (42 U.S.C.

6901, et seq.), Executive Order 12902 of March 8, 1994, Energy

Efficiency and Water Conservation at Federal Facilities, and Executive

Order 13101 of September 14, 1998, Greening the Government through

Waste Prevention, Recycling, and Federal Acquisition, establish

requirements for the procurement of products containing recovered

materials, and environmentally preferable and energy-efficient products

and services. Executive agencies must consider use of recovered

materials, environmentally preferable purchasing criteria developed by

the EPA, and environmental objectives (see 23.704(b)) when--

(1) Developing, reviewing, or revising Federal and military

specifications, product descriptions including commercial item

descriptions) and standards;

(2) Describing Government requirements for supplies and services;

and

(3) Developing source selection factors.

* * * * *

7. Revise Subpart 11.3 to read as follows:

Subpart 11.3--Acceptable Material

Sec.

11.301 Definitions.

11.302 Policy.

11.303 Special requirements for printing and writing paper.

11.304 Contract clause.

11.301 Definitions.

As used in this subpart--

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.''

For paper and paper products, postconsumer material means

``postconsumer fiber'' defined by the U.S. Environmental Protection

Agency (EPA) as--

(1) Paper, paperboard, and fibrous materials from retail stores,

office buildings, homes, and so forth, after they have passed through

their end-usage as a consumer item, including: used corrugated boxes;

old newspapers; old magazines; mixed waste paper; tabulating cards; and

used cordage;

(2) All paper, paperboard, and fibrous materials that enter and are

collected from municipal solid waste; and

(3) Postconsumer fiber does not include fiber derived from

printers' over-runs, converters' scrap, and over-issue publications.

Recovered material for paper and paper products, is defined by EPA

in its Comprehensive Procurement Guideline as ``recovered fiber'' and

means the following materials:

(1) Postconsumer fiber.

(2) Manufacturing wastes such as--

(i) Dry paper and paperboard waste generated after completion of

the papermaking process (that is, those manufacturing operations up to

and including the cutting and trimming of the paper machine reel into

smaller rolls or rough sheets) including: envelope cuttings, bindery

trimmings, and other paper and paperboard waste resulting from

printing, cutting, forming, and other converting operations; bag, box,

and carton manufacturing wastes; and butt rolls, mill wrappers, and

rejected unused stock; and

(ii) Repulped finished paper and paperboard from obsolete

inventories of paper and paperboard manufacturers, merchants,

wholesalers, dealers, printers, converters, or others.

11.302 Policy.

(a) Agencies must not require virgin material or supplies composed

of or manufactured using virgin material unless compelled by law or

regulation or unless virgin material is vital for safety or meeting

performance requirements of the contract.

(b) Except when acquiring commercial items, agencies must require

offerors to identify used, reconditioned, or remanufactured supplies,

or unused former Government surplus property, proposed for use under

the contract. These supplies or property may not be used in contract

performance unless authorized by the contracting officer.

(c) The contracting officer may require offerors to--

(1) Provide information on used, reconditioned, or remanufactured

supplies, or unused former Government surplus property, proposed for

use under the contract; or

(2) Meet minimum recovered material standards stated in the

solicitation. Information requested on recovered material standards

specified in a solicitation, to the maximum practicable extent, must be

limited to information or standards consistent with normal commercial

practices.

11.303 Special requirements for printing and writing paper.

(a) Section 505 of Executive Order 13101, Greening the Government

through Waste Prevention, Recycling, and Federal Acquisition,

establishes minimum recovered material content standards for agency

purchases of printing and writing paper. Section 505 requires that 100

percent of an agency's purchases of printing and writing paper must

meet or exceed one of the minimum content standards specified in

paragraph (b) of this section.

(b) For high-speed copier paper, offset paper, forms bond, computer

printout paper, carbonless paper, file folders, white wove envelopes,

writing and office paper, book paper, cotton fiber paper, and cover

stock, the minimum content standard must be no less than 30 percent

postconsumer materials. If paper containing 30 percent postconsumer

material is not reasonably available, does not meet reasonable

performance requirements, or is only available at an unreasonable

price, then the agency must purchase paper containing no less than 20

percent postconsumer material.

11.304 Contract clause.

Insert the clause at 52.211-5, Material Requirements, in

solicitations and contracts for supplies that are not commercial items.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

8. Amend section 13.006 by revising paragraph (g) to read as

follows:

13.006 Inapplicable provisions and clauses.

* * * * *

[[Page 51659]]

(g) 52.223-9, Estimate of Percentage of Recovered Material Content

for EPA-Designated Products.

9. Amend section 13.201 by adding paragraph (f) to read as follows:

13.201 General.

* * * * *

(f) The procurement requirements in the Resource Conservation

Recovery Act (42 U.S.C. 6962) and Executive Order 13101 of September

14, 1998, Greening the Government through Waste Prevention, Recycling,

and Federal Acquisition, apply to purchases at or below the micro-

purchase threshold (see subpart 23.4).

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-

FREE WORKPLACE

10. Revise section 23.400 to read as follows:

23.400 Scope of subpart.

This subpart prescribes policies and procedures for acquiring

Environmental Protection Agency (EPA)-designated products through

affirmative procurement programs required by the Resource Conservation

and Recovery Act of 1976 (RCRA) (42 U.S.C. 6962) and Executive Order

13101 of September 14, 1998, Greening the Government through Waste

Prevention, Recycling, and Federal Acquisition.

23.401 [23.402 revised]

11. Revise 23.402 to read as follows:

23.402 Authorities.

(a) The Resource Conservation and Recovery Act of 1976 (RCRA), 42

U.S.C. 6962, requires agencies responsible for drafting or reviewing

specifications used in agency acquisitions to--

(1) Eliminate from those specifications any requirement excluding

the use of recovered materials or requiring products to be manufactured

from virgin materials; and

(2) Require, for EPA-designated products, using recovered materials

to the maximum extent practicable without jeopardizing the intended end

use of the item.

(b) RCRA also requires--

(1) EPA to prepare guidelines on the availability, sources, and

potential uses of recovered materials and associated products,

including solid waste management services; and

(2) Agencies to develop and implement affirmative procurement

programs for EPA-designated products within one year after EPA's

designation.

(c) Executive Order 13101 requires that the agency head--

(1) Work to increase and expand markets for recovered materials

through greater Government preference and demand for such products

consistent with the demands of efficiency and cost-effectiveness; and

(2) Develop and implement affirmative procurement programs in

accordance with direction in RCRA and the Executive Order.

23.402 [23.401 revised]

12. Revise 23.401 to read as follows:

23.401 Definition.

EPA-designated product, as used in this subpart, means a product--

(1) That is or can be made with recovered material;

(2) That is listed by EPA in a procurement guideline (40 CFR part

247); and

(3) For which EPA has provided purchasing recommendations in a

related Recovered Materials Advisory Notice (RMAN).

13. Revise section 23.403 to read as follows:

23.403 Policy.

Government policy on the use of recovered materials considers cost,

availability of competition, and performance. The objective is to

acquire competitively, in a cost-effective manner, products that meet

performance requirements and that are composed of the highest

percentage of recovered materials practicable.

14. Redesignate sections 23.404 and 23.405 as 23.405 and 23.406,

respectively, revise them, and add a new section 23.404 to read as

follows:

23.404 Agency Affirmative Procurement Programs.

(a) For EPA-designated products, an agency must establish an

affirmative procurement program, if the agency's purchases meet the

threshold in 23.405(a). Technical or requirements personnel and

procurement personnel are responsible for the preparation,

implementation, and monitoring of affirmative procurement programs.

Agency affirmative procurement programs must include--

(1) A recovered materials preference program;

(2) An agency promotion program;

(3) A program for requiring reasonable estimates, certification,

and verification of recovered material used in the performance of

contracts; and

(4) Annual review and monitoring of the effectiveness of the

program.

(b) Agency affirmative procurement programs must require that 100

percent of purchases of EPA-designated products contain recovered

material, unless the item cannot be acquired--

(1) Competitively within a reasonable time frame;

(2) Meeting appropriate performance standards; or

(3) At a reasonable price.

(c) Agency affirmative procurement programs must provide guidance

for purchases of EPA-designated products at or below the micro-purchase

threshold.

23.405 Procedures.

(a) These procedures apply to all agency acquisitions of EPA-

designated products, including micro-purchases, if--

(1) The price of the product exceeds $10,000; or

(2) The aggregate amount paid for products, or for functionally

equivalent products, in the preceding fiscal year was $10,000 or more.

RCRA requires that an agency include micro-purchases in determining if

the aggregate amount paid was $10,000 or more. However, it is not

recommended that an agency track micro-purchases unless it intends to

claim an exemption from the requirement to establish an affirmative

procurement program in the following fiscal year.

(b) Contracting officers should refer to EPA's list of EPA-

designated products (available via the Internet at http://www.epa.gov/

cpg/) and to their agencies' affirmative procurement program when

purchasing supplies that contain recovered material or services that

could include incidental supplies that contain recovered material.

(c) The contracting officer must place in the contract file a

written justification if an acquisition of EPA-designated products

above the micro-purchase threshold does not contain recovered material.

If the agency has designated an Environmental Executive, the

contracting officer must give a copy of the written justification to

that official. The contracting officer must base the justification on

the inability to acquire the product--

(1) Competitively within a reasonable period of time;

(2) At reasonable prices; or

(3) To reasonable performance standards in the specifications,

provided written determination by technical or requirements personnel

is included with the justification. The contracting officer must base

the justification on National Institute of Standards and Technology

guidelines, if available.

(d) Agencies must establish procedures for consolidating and

reporting contractor estimates required by the clause at 52.223-9.

[[Page 51660]]

23.406 Solicitation provision and contract clause.

(a) Insert the provision at 52.223-4, Recovered Material

Certification, in solicitations that are for, or specify the use of,

recovered materials.

(b) Insert the clause at 52.223-9, Estimate of Percentage of

Recovered Material Content for EPA-Designated Products, in

solicitations and contracts exceeding $100,000 that include the

provision at 52.223-4. If it is practical to verify the estimate, use

the clause with its Alternate I.

15. Revise Subpart 23.7 to read as follows:

Subpart 23.7--Contracting for Environmentally Preferable and

Energy-Efficient Products and Services

Sec.

23.700 Scope.

23.701 Definition.

23.702 Authorities.

23.703 [Reserved]

23.704 Policy.

23.705 Application to Government-owned or -leased facilities.

23.706 Contract clause.

23.700 Scope.

This subpart prescribes policies for obtaining environmentally

preferable and energy-efficient products and services.

23.701 Definition.

Biobased product, as used in this subpart, means a commercial or

industrial product (other than food or feed) that utilizes biological

products or renewable domestic agricultural (plant, animal, and marine)

or forestry materials.

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 12856 of August 3, 1993, Federal Compliance

with Right-to-Know Laws and Pollution Prevention Requirements.

(e) Executive Order 12902 of March 8, 1994, Energy Efficiency and

Water Conservation at Federal Facilities.

(f) Executive Order 13101 of September 14, 1998, Greening the

Government through Waste Prevention, Recycling, and Federal

Acquisition.

23.703 [Reserved]

23.704 Policy

Agencies must--

(a) Implement cost-effective contracting preference programs

favoring the acquisition of environmentally preferable and energy-

efficient products and services; and

(b) Employ acquisition strategies that affirmatively implement the

following environmental objectives:

(1) Maximize the utilization of environmentally preferable products

and services (based on EPA-issued guidance).

(2) Maximize the utilization of energy-efficient products.

(3) Eliminate or reduce the generation of hazardous waste and the

need for special material processing (including special handling,

storage, treatment, and disposal).

(4) Promote the use of nonhazardous and recovered materials.

(5) Realize life-cycle cost savings.

(6) Promote cost-effective waste reduction when creating plans,

drawings, specifications, standards, and other product descriptions

authorizing material substitutions, extensions of shelf-life, and

process improvements.

(7) Consider the use of biobased products.

23.705 Application to Government-owned or -leased facilities

Executive Order 13101, section 701, requires that contracts for

contractor operation of a Government-owned or -leased facility and

contracts for support services at a Government-owned or -operated

facility include provisions that obligate the contractor to comply with

the requirements of the order. Compliance includes developing programs

to promote and implement cost-effective waste reduction and affirmative

procurement programs required by 42 U.S.C. 6962 for all products

designated in EPA's Comprehensive Procurement Guideline (40 CFR part

247).

23.706 Contract clause

Insert the clause at 52.223-10, Waste Reduction Program, in all

solicitations and contracts for contractor operation of Government-

owned or -leased facilities and all solicitations and contracts for

support services at Government-owned or -operated facilities.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

16. Revise the section heading and text of 52.204-4 to read as

follows:

52.204-4 Printed or Copied Double-Sided on Recycled Paper

As prescribed in 4.303, insert the following clause:

Printed or Copied Double-Sided on Recycled Paper (Date)

(a) Definitions. As used in this clause--

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.'' For paper and paper products, postconsumer material

means ``postconsumer fiber'' defined by the U.S. Environmental

Protection Agency (EPA) as--

(1) Paper, paperboard, and fibrous materials from retail stores,

office buildings, homes, and so forth, after they have passed

through their end-usage as a consumer item, including: used

corrugated boxes; old newspapers; old magazines; mixed waste paper;

tabulating cards; and used cordage;

(2) All paper, paperboard, and fibrous materials that enter and

are collected from municipal solid waste; and

(3) Postconsumer fiber does not include fiber derived from

printers' over-runs, converters' scrap, and over-issue publications.

Printed or copied double-sided means printing or reproducing a

document so that information is on both sides of a sheet of paper.

Recovered material, for paper and paper products, is defined by

EPA in its Comprehensive Procurement Guideline as ``recovered

fiber'' and means the following materials:

(1) Postconsumer fiber.

(2) Manufacturing wastes such as--

(i) Dry paper and paperboard waste generated after completion of

the papermaking process (that is, those manufacturing operations up

to and including the cutting and trimming of the paper machine reel

into smaller rolls or rough sheets) including: envelope cuttings,

bindery trimmings, and other paper and paperboard waste resulting

from printing, cutting, forming, and other converting operations;

bag, box, and carton manufacturing wastes; and butt rolls, mill

wrappers, and rejected unused stock; and

(ii) Repulped finished paper and paperboard from obsolete

inventories of paper and paperboard manufacturers, merchants,

wholesalers, dealers, printers, converters, or others.

(b) In accordance with section 101 of Executive Order 13101 of

September 14, 1998, Greening the Government through Waste

Prevention, Recycling, and Federal Acquisition, the Contractor is

encouraged to submit paper documents, such as offers, letters, or

reports, that are printed or copied double-sided on recycled paper

that meet minimum content standards specified in section 505 of

Executive Order 13101, when not using electronic commerce methods to

submit information or data to the Government.

(c) If the Contractor cannot purchase high-speed copier paper,

offset paper, forms bond, computer printout paper, carbonless paper,

file folders, white wove envelopes, writing and office paper, book

paper, cotton fiber paper, and cover stock meeting the 30 percent

postconsumer material standard for

[[Page 51661]]

use in submitting paper documents to the Government, it should use

paper containing no less than 20 percent postconsumer material. This

lesser standard should be used only when paper meeting the 30-

percent postconsumer material standard is not obtainable at a

reasonable price or does not meet performance standards.

(End of clause)

17. Amend section 52.211-5 by revising the introductory text, the

date of the clause, and the definition ``Recovered material'' in

paragraph (a) to read as follows:

52.211-5 Material Requirements

As prescribed in 11.304, insert the following clause:

Material Requirements (Date)

(a) * * *

Recovered material means waste materials and by-products

recovered or diverted from solid waste, but the term does not

include those materials and by-products generated from, and commonly

reused within, an original manufacturing process.

* * * * *

18. Amend section 52.212-5 by revising the date of the clause;

removing paragraph (b)(18) and redesignating paragraphs (b)(16) and

(b)(17) as (b)(17) and (b)(18), respectively; and adding a new

paragraph (b)(16) to read as follows:

52.212-5 Contract Terms and Conditions Required to Implement Statutes

or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required to Implement Statutes or

Executive Orders--Commercial Items (Date)

* * * * *

(b) * * *

____ (16)(i) 52.223-9, Estimate of Percentage of Recovered

Material Content for EPA-Designated Products (42 U.S.C.

6962(c)(3)(A)(ii)).

____ (ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

* * * * *

52.223-4 [Amended]

19. Amend the introductory text of section 52.223-4 by revising the

citation ``23.405(a)'' to read ``23.406(a)''.

20. Revise the section heading and text of 52.223-9 to read as

follows:

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-

Designated Products.

As prescribed in 23.406(b), insert the following clause:

Estimate of Percentage of Recovered Material Content for EPA-Designated

Products (Date)

(a) Definitions. As used in this clause--

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

recovered or diverted from solid waste, but the term does not

include those materials and by-products generated from, and commonly

reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material used

in contract performance, including, if applicable, the percentage of

postconsumer material content; and

(2) Submit this estimate to ____________________ [Contracting

Officer complete] in accordance with agency procedures.

Alternate I (Date). As prescribed in 23.406(b), redesignate

paragraph (b) of the basic clause as paragraph (c) and add the

following paragraph (b) to the basic clause:

(b) The Contractor shall execute the following certification

required by the Resource Conservation and Recovery Act of 1976 (42

U.S.C. 6962(i)(2)(C):

Certification

I, ____________________ (name of certifier), am an officer or

employee responsible for the performance of this contract and hereby

certify that the percentage of recovered material content for EPA-

designated products met the applicable contract specifications.

----------------------------------------------------------------------

(Signature of the Officer or Employee)

----------------------------------------------------------------------

(Typed Name of the Officer or Employee)

----------------------------------------------------------------------

(Title)

----------------------------------------------------------------------

(Name of Company, Firm, or Organization)

----------------------------------------------------------------------

(Date)

(End of certification)

21. Revise section 52.223-10 to read as follows:

52.223-10 Waste Reduction Program.

As prescribed in 23.706, insert the following clause:

Waste Reduction Program (Date)

(a) Definitions. As used in this clause--

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 of raw

materials in the manufacture of products other than fuel for

producing heat or power by combustion.

Waste prevention means any change in the design, manufacturing,

purchase, or use of materials or products (including packaging) to

reduce their amount or toxicity before they are discarded. 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.

(b) Consistent with the requirements of Section 701 of Executive

Order 13101, the Contractor shall establish a program to promote

cost-effective waste reduction in all operations and facilities

covered by this contract. The Contractor's programs shall comply

with applicable Federal, State, and local requirements, specifically

including Section 6002 of the Resource Conservation and Recovery Act

(42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part

247).

(End of clause)

[FR Doc. 99-24685 Filed 9-22-99; 8:45 am]

BILLING CODE 6820-EP-P