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DEPARTMENT OF DEFENSE applies (a) when agencies require the purchasing products made with recovered
delivery or specify the use of materials to be used in service and
GENERAL SERVICES Environmental Protection Agency construction contracts. The rule does not
ADMINISTRATION impose new requirements that impose a
(EPA)-designated items, and (b) when burden on contractors.
agencies award contracts for services or The rule revises text at FAR Subpart 23.4
NATIONAL AERONAUTICS AND construction unless the service or to clarify that the requirement for use of
SPACE ADMINISTRATION construction contract will not involve products containing recovered materials
the use of such items; applies when agencies purchase EPA-
48 CFR Parts 4, 12, 13, 23, and 52 (3) Prescribe a new clause for use in designated items, and when purchasing
service and construction contracts when services (including construction) that could
[FAC 2005–25; FAR Case 2005–039; Item include the use of such items. The objective
IV; Docket 2007–0001; Sequence 2] appropriate; and
(4) Revise the Recovered Material of this rule is to ensure that contractors
RIN 9000–AK69 deliver and make maximum use of products
Certification provision to reflect the containing recovered materials in contracts
changes of this rule. for services and construction.
Federal Acquisition Regulation; FAR No comments were received for the This final rule applies to all small business
Case 2005–039, Use of Products proposed rule. entities that contract with the Federal
Containing Recovered Materials in Note: Since the publication of the Government for delivery of EPA-designated
Service and Construction Contracts proposed rule, the FAR has already been items or performance of services or
amended to include a number of the construction contracts that involve the use of
AGENCIES: Department of Defense (DoD), EPA-designated items. The final rule allows
General Services Administration (GSA), changes proposed under this rule (see
for procurement exemptions.
and National Aeronautics and Space FAR Case 2004–032, Biobased Products
The rule does not impose any new
Administration (NASA). Preference Program, (72 FR 63040, reporting, recordkeeping, or compliance
November 7, 2007)). requirements.
ACTION: Final rule.
This is not a significant regulatory Interested parties may obtain a copy
SUMMARY: The Civilian Agency action and, therefore, was not subject to of the FRFA from the FAR Secretariat.
Acquisition Council and the Defense review under Section 6(b) of Executive The FAR Secretariat has submitted a
Acquisition Regulations Council Order 12866, Regulatory Planning and copy of the FRFA to the Chief Counsel
(Councils) have agreed on a final rule Review, dated September 30, 1993. This for Advocacy of the Small Business
amending the Federal Acquisition rule is not a major rule under 5 U.S.C. Administration.
Regulation (FAR) to clarify language 804.
C. Paperwork Reduction Act
within the FAR on the use of products B. Regulatory Flexibility Act
containing recovered materials, The Paperwork Reduction Act does
The Regulatory Flexibility Act, 5 apply; however, these changes to the
pursuant to the Resource Conservation
U.S.C. 601, et seq., applies to this final FAR do not impose additional
and Recovery Act of 1976, and
rule. Small business concerns and other information collection requirements to
Executive Order 13101 ‘‘Greening the
interested parties were invited to submit the paperwork burden previously
Government Through Waste Prevention,
comments concerning the affected FAR approved under OMB Control Number
Recycling, and Federal Acquisition.’’
Parts. No comments were received. The 9000–0134.
DATES: Effective Date: May 22, 2008. Councils prepared a Final Regulatory
FOR FURTHER INFORMATION CONTACT: Mr. Flexibility Analysis (FRFA), and it is List of Subjects in 48 CFR Parts 4, 12,
William Clark, Procurement Analyst, at summarized as follows: 13, 23, and 52
(202) 219–1813 for clarification of This final rule amends and clarifies Government procurement.
content. For information pertaining to language within the FAR on the use of Dated: April 4, 2008.
status or publication schedules, contact products containing recovered materials
pursuant to the Resource Conservation and Al Matera,
the FAR Secretariat at (202) 501–4755.
Recovery Act (RCRA) of 1976, and Executive Director, Office of Acquisition Policy.
Please cite FAC 2005–25, FAR case
Order 13101 ‘‘Greening the Government ■ Therefore, DoD, GSA, and NASA
2005–039. Through Waste Prevention, Recycling, and
SUPPLEMENTARY INFORMATION:
amend 48 CFR parts 4, 12, 13, 23, and
Federal Acquisition. Although the statute
52 as set forth below:
applies to all contracts, the Office of the
A. Background ■ 1. The authority citation for 48 CFR
Federal Environmental Executive advised
DoD, GSA, and NASA published a that language at FAR Subpart 23.4 has not parts 4, 12, 13, 23, and 52 continues to
proposed rule in the Federal Register at been consistently implemented by read as follows:
72 FR 24554, May 3, 2007, to clarify Government agencies in service and Authority: 40 U.S.C. 121(c); 10 U.S.C.
language within the FAR regarding the construction acquisitions. The Councils chapter 137; and 42 U.S.C. 2473(c).
recognize that the rule may affect small
use of products containing recovered entities performing contracts for those
materials, pursuant to the Resource PART 4—ADMINISTRATIVE MATTERS
agencies that have not fully implemented the
Conservation and Recovery Act of 1976, program in service and construction ■ 2. Amend section 4.1202 by removing
and Executive Order 13101 ‘‘Greening contracts; the number of entities affected, and from paragraph (t) ‘‘Products’’ and
the Government Through Waste the extent to which they will be affected, may adding ‘‘Items’’ in its place.
Prevention, Recycling, and Federal be significant. The rule may affect the types
Acquisition.’’ This rule revises Subpart of products these businesses use during PART 12—ACQUISITION OF
23.4 and associated provisions and contract performance. Assistance is available COMMERCIAL ITEMS
clauses in Part 52, with conforming to all firms at the Environmental Protection
Agency (EPA) Comprehensive Procurement ■ 3. Amend section 12.301 by revising
mstockstill on PROD1PC66 with RULES3
changes in FAR Parts 4, 12, and 13, to— Guidelines website, http://www.epa.gov/cpg. paragraph (e)(3) to read as follows:
(1) Provide for consistency when EPA provides guidance on identifying
referring to products containing products containing recovered materials, 12.301 Solicitation provisions and
recovered materials; including Product Fact Sheets and a Supplier contract clauses for the acquisition of
(2) Clarify that the requirement for Database. Options to comply with the commercial items.
products containing recovered materials requirements of the rule can be as simple as * * * * *
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21790 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
(d) Insert the clause at 52.223–9, ■ The revised text reads as follows.
Estimate of Percentage of Recovered
Material Content for EPA-designated 52.223–9 Estimate of Percentage of
Items, in solicitations and contracts Recovered Material Content for EPA-
exceeding $100,000 that are for, or Designated Items.
specify the use of, EPA-designated items * * * * *
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