[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Rules and Regulations]
[Page 36016-36021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-25]

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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 11, 13, 23, and 52

[FAC 97-18; FAR Case 1998-015 (98-015); Item III]
RIN 9000-AI49

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

AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to implement
Executive Order (E.O.) 13101, Greening the Government through Waste
Prevention, Recycling, and Federal Acquisition, dated September 14,
1998.

DATES: Effective Date: August 7, 2000.

Applicability Date: The FAR, as amended by this rule, is applicable
to solicitations issued on or after August 7, 2000.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, (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 FAC 97-18, FAR case 1998-015.

SUPPLEMENTARY INFORMATION:

A. Background

DoD, GSA, and NASA published a proposed rule in the Federal
Register at 64 FR 51656, September 23, 1999. Seven respondents provided
public comments. We considered all comments in finalizing the rule.
This rule amends the FAR to implement E.O. 13101. The rule amends
guidance in FAR Subpart 7.1, 11.002(d), Subpart 23.4, Subpart 23.7, and
the FAR clauses at 52.223-9 and 52.223-10 to conform with E.O. 13101
and the Resource Conservation and Recovery Act. The rule--
Revises FAR Subpart 7.1 to ensure that requirements for
printing and writing paper meet minimum content requirements specified
in the E.O.;
Revises Subpart 11.3 to add definitions and special
requirements to implement E.O. requirements and Environmental
Protection Agency (EPA) regulations governing acquisitions of printing
and writing paper, and to clarify that contracting officers may include
in solicitations additional information requirements when needed to
determine if the offeror's product meets requirements for recycled
content or related standards;
Clarifies in Part 13 how the procurement requirements of
the Resource Conservation and Recovery Act, 42 U.S.C. 6962, apply to
micro-purchases and acquisitions that do not exceed $100,000; and
Reorganizes and revises Subparts 23.4 and 23.7 and
associated clauses.
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

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. applies to
this final rule. Interested parties may obtain a copy of the a Final
Regulatory Flexibility Analysis (FRFA) from the FAR Secretariat.
The Councils' prepared FRFA is summarized as follows:

The objective of the rule is to improve the Government's use of
recycled products and environmentally preferable products and
services. E.O. 13101 requires revision of the Federal Acquisition
Regulation to prescribe policies for the acquisition and use of
environmentally preferable products and services through procurement
preference programs favoring the purchase of these products and
services. The rule primarily affects the internal operating
procedures of Government agencies. The provisions affecting small
entities are the requirements at FAR 23.705, 52.223-9, and 52.223-
10. These provisions of the rule will apply to all Government
contractors, both large and small businesses.

The FAR Secretariat has submitted a copy of the FRFA to the Chief
Counsel for Advocacy of the Small Business Administration.

[[Page 36017]]

C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub. L. 104-13) applies because the
final rule contains information collection requirements that have been
approved by the Office of Management and Budget (OMB) under OMB Control
Number 9000-0134. The final rule reduces the annual reporting burden
for OMB Control Number 9000-0134 estimated at 32,175 hours. This
estimate was based on 64,350 respondents and a preparation time
estimated at .5 hour per response. In the proposed rule, we estimated
that removal of the certification requirement would affect more than
one-half of the respondents and reduce preparation time for those
respondents by one-third. No comments were received on this estimate.
As a result, we estimate the revised annual reporting burden to be
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.

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

Government procurement.

Dated: May 26, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 7, 11, 13,
23, and 52 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 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--
(a)(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
(2) Reduces the hazards to public health and the environment
associated with the release of such substances, pollutants, and
contaminants;
(b) Reduces or eliminates the creation of pollutants through
increased efficiency in the use of raw materials, energy, water, or
other resources; or
(c) 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--
(a) Previously unused raw material, including previously unused
copper, aluminum, lead, zinc, iron, other metal or metal ore; or
(b) 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

4.301 [Removed]

4.302-4.304 [Redesignated as 4.301-4.303].

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.

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:

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

[[Page 36018]]

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 23.703(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. Subpart 11.3, consisting of sections 11.301 and 11.302, is
revised, and sections 11.303 and 11.304 are added to read as follows:

Subpart 11.3--Acceptable Material

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; or
(2) All paper, paperboard, and fibrous materials that enter and are
collected from municipal solid waste; but not
(3) 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)(1) When acquiring other than 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.
(2) When acquiring commercial items, the contracting officer must
consider the customary practices in the industry for the item being
acquired. The contracting officer may require offerors to provide
information on used, reconditioned, or remanufactured supplies, or
unused former Government surplus property proposed for use under the
contract. The request for the information must be included in the
solicitation, and to the maximum extent practicable must be limited to
information or standards consistent with normal commercial practices.
(c) When the contracting officer needs additional information to
determine whether supplies meet minimum recovered material standards
stated in the solicitation, the contracting officer may require
offerors to submit additional information on the recycled content or
related standards. The request for the information must be included in
the solicitation. When acquiring commercial items, limit the
information to the maximum extent practicable to that available under
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 13.005 by revising paragraph (a)(5) to read as
follows:

13.005 Federal Acquisition Streamlining Act of 1994 list of
inapplicable laws.

* * * * *
(a) * * *
(5) 42 U.S.C. 6962 (Solid Waste Disposal Act). (The requirement to
provide an estimate of recovered material utilized in contract
performance does not apply unless the contract value exceeds $100,000.)
* * * * *
9. Amend section 13.006 by revising paragraph (g) to read as
follows:

13.006 Inapplicable provisions and clauses.

* * * * *
(g) 52.223-9, Estimate of Percentage of Recovered Material Content
for EPA-Designated Products.
10. Amend section 13.201 by adding paragraph (f) to read as
follows:

13.201 General.

* * * * *
(f) The procurement requirements in the Resource Conservation and
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).

[[Page 36019]]

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

11. 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 and 23.402 [Redesignate as 23.402 and 23.401]

12. Redesignate sections 23.401 and 23.402 as 23.402 and 23.401,
respectively.
13. Revise the newly designated sections 23.401 and 23.402 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).

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 1 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.
14. 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
reasonable performance requirements and that are composed of the
highest percentage of recovered materials practicable.

23.404-23.405 [Redesignated as 23.405 and 23.406]

15. Redesignate sections 23.404 and 23.405 as 23.405 and 23.406,
respectively; add a new section 23.404; and revise the redesignated
sections 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.epa.gov/cpg/) and to their agencies' affirmative procurement programs when
purchasing supplies that contain recovered material or services that
could include 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 a written determination by technical or requirements personnel
of the performance standard's reasonableness is included with the
justification. The technical and requirements personnel must base their
determination 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,
Estimate of Percentage of Recovered Material Content for EPA-Designated
Products.

23.406 Solicitation provision and contract clause.

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

[[Page 36020]]

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 technical personnel advise that estimates can
be verified, use the clause with its Alternate I.
16. Redesignate section 23.701 as 23.700 and revise the section
heading; and add a new 23.701 to read as follows:

23.700 Scope.

* * * * *

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.
17. Amend section 23.702 by removing paragraph (d); redesignate
paragraphs (e) and (f) as (d) and (e) and revise; and add a new
paragraph (f) to read as follows:

23.702 Authorities.

* * * * *
(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 [Removed]

23.704-23.706 [Redesignated as 23.703-23.705]

18. Remove section 23.703 and redesignate sections 23.704 through
23.706 as 23.703 through 23.705, respectively.
19. Revise the newly designated sections 23.703 through 23.705 to
read as follows:

23.703 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.

23.704 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).

23.705 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

20. 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 (August 2000)

(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; or
(2) All paper, paperboard, and fibrous materials that enter and
are collected from municipal solid waste; but not
(3) 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; and
(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 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
reasonable performance standards.
(End of clause)

21. Amend section 52.211-5 by revising the introductory text, the
date of the clause, the definitions ``Recovered

[[Page 36021]]

material'' and ``Virgin material'', and paragraphs (b) and (e) to read
as follows:

52.211-5 Material Requirements.

As prescribed in 11.304, insert the following clause:

MATERIAL REQUIREMENTS (August 2000)

(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.
* * * * *
Virgin material means--
(1) Previously unused raw material, including previously unused
copper, aluminum, lead, zinc, iron, other metal or metal ore; or
(2) Any undeveloped resource that is, or with new technology
will become, a source of raw materials.
(b) Unless this contract otherwise requires virgin material or
supplies composed of or manufactured from virgin material, the
Contractor shall provide supplies that are new, reconditioned, or
remanufactured, as defined in this clause.
* * * * *
(e) Used, reconditioned, or remanufactured supplies, or unused
former Government surplus property, may be used in contract
performance if the Contractor has proposed the use of such supplies,
and the Contracting Officer has authorized their use.
(End of clause)

22. Amend section 52.212-5 by revising the date of the clause; by
redesignating paragraphs (b)(16) through (b)(26) as (b)(17) through
(b)(27), respectively; and by 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 (August 2000)

* * * * *
(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]

23. Amend the introductory text of section 52.223-4 by revising the
citation ``23.405(a)'' to read ``23.406(a)''.
24. 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 (August 2000)

Alternate I (August 2000). 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)

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

52.223-10 Waste Reduction Program.

As prescribed in 23.705, insert the following clause:

Waste Reduction Program (August 2000)

(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. 00-13819 Filed 6-1-00; 3:59 pm]
BILLING CODE 6820-EP-P