Federal Acquisition Regulation; FAR Case 2005-039, Use of Products Containing Recovered Materials in Service and Construction Contracts, 21789-21790 [E8-8471]
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Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4, 12, 13, 23, and 52
[FAC 2005–25; FAR Case 2005–039; Item
IV; Docket 2007–0001; Sequence 2]
RIN 9000–AK69
Federal Acquisition Regulation; FAR
Case 2005–039, Use of Products
Containing Recovered Materials in
Service and Construction Contracts
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
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 clarify language
within the FAR on the use of products
containing recovered materials,
pursuant to the Resource Conservation
and Recovery Act of 1976, and
Executive Order 13101 ‘‘Greening the
Government Through Waste Prevention,
Recycling, and Federal Acquisition.’’
DATES: Effective Date: May 22, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
William Clark, Procurement Analyst, at
(202) 219–1813 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAC 2005–25, FAR case
2005–039.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on PROD1PC66 with RULES3
A. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
72 FR 24554, May 3, 2007, to clarify
language within the FAR regarding the
use of products containing recovered
materials, pursuant to the Resource
Conservation and Recovery Act of 1976,
and Executive Order 13101 ‘‘Greening
the Government Through Waste
Prevention, Recycling, and Federal
Acquisition.’’ This rule revises Subpart
23.4 and associated provisions and
clauses in Part 52, with conforming
changes in FAR Parts 4, 12, and 13, to—
(1) Provide for consistency when
referring to products containing
recovered materials;
(2) Clarify that the requirement for
products containing recovered materials
VerDate Aug<31>2005
16:41 Apr 21, 2008
Jkt 214001
applies (a) when agencies require the
delivery or specify the use of
Environmental Protection Agency
(EPA)-designated items, and (b) when
agencies award contracts for services or
construction unless the service or
construction contract will not involve
the use of such items;
(3) Prescribe a new clause for use in
service and construction contracts when
appropriate; and
(4) Revise the Recovered Material
Certification provision to reflect the
changes of this rule.
No comments were received for the
proposed rule.
Note: Since the publication of the
proposed rule, the FAR has already been
amended to include a number of the
changes proposed under this rule (see
FAR Case 2004–032, Biobased Products
Preference Program, (72 FR 63040,
November 7, 2007)).
This is not a significant regulatory
action and, therefore, was not subject to
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. Small business concerns and other
interested parties were invited to submit
comments concerning the affected FAR
Parts. No comments were received. The
Councils prepared a Final Regulatory
Flexibility Analysis (FRFA), and it is
summarized as follows:
This final rule amends and clarifies
language within the FAR on the use of
products containing recovered materials
pursuant to the Resource Conservation and
Recovery Act (RCRA) of 1976, and Executive
Order 13101 ‘‘Greening the Government
Through Waste Prevention, Recycling, and
Federal Acquisition. Although the statute
applies to all contracts, the Office of the
Federal Environmental Executive advised
that language at FAR Subpart 23.4 has not
been consistently implemented by
Government agencies in service and
construction acquisitions. The Councils
recognize that the rule may affect small
entities performing contracts for those
agencies that have not fully implemented the
program in service and construction
contracts; the number of entities affected, and
the extent to which they will be affected, may
be significant. The rule may affect the types
of products these businesses use during
contract performance. Assistance is available
to all firms at the Environmental Protection
Agency (EPA) Comprehensive Procurement
Guidelines website, http://www.epa.gov/cpg.
EPA provides guidance on identifying
products containing recovered materials,
including Product Fact Sheets and a Supplier
Database. Options to comply with the
requirements of the rule can be as simple as
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
21789
purchasing products made with recovered
materials to be used in service and
construction contracts. The rule does not
impose new requirements that impose a
burden on contractors.
The rule revises text at FAR Subpart 23.4
to clarify that the requirement for use of
products containing recovered materials
applies when agencies purchase EPAdesignated items, and when purchasing
services (including construction) that could
include the use of such items. The objective
of this rule is to ensure that contractors
deliver and make maximum use of products
containing recovered materials in contracts
for services and construction.
This final rule applies to all small business
entities that contract with the Federal
Government for delivery of EPA-designated
items or performance of services or
construction contracts that involve the use of
EPA-designated items. The final rule allows
for procurement exemptions.
The rule does not impose any new
reporting, recordkeeping, or compliance
requirements.
Interested parties may obtain a copy
of the FRFA from the FAR Secretariat.
The FAR Secretariat has submitted a
copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business
Administration.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; however, these changes to the
FAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Number
9000–0134.
List of Subjects in 48 CFR Parts 4, 12,
13, 23, and 52
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 4, 12, 13, 23, and
52 as set forth below:
I 1. The authority citation for 48 CFR
parts 4, 12, 13, 23, and 52 continues to
read as follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 4—ADMINISTRATIVE MATTERS
2. Amend section 4.1202 by removing
from paragraph (t) ‘‘Products’’ and
adding ‘‘Items’’ in its place.
I
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
3. Amend section 12.301 by revising
paragraph (e)(3) to read as follows:
I
12.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
*
E:\FR\FM\22APR3.SGM
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*
22APR3
*
*
21790
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
(e) * * *
(3) The contracting officer may use
the provisions and clauses contained in
Part 23 regarding the use of products
containing recovered materials and
biobased products when appropriate for
the item being acquired.
*
*
*
*
*
PART 13—SIMPLIFIED ACQUISITION
PROCEDURES
13.006
[Amended]
4. Amend section 13.006 by removing
from paragraph (g) ‘‘Products’’ and
adding ‘‘Items’’ in its place.
I
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
23.000
[Amended]
Definitions.
*
*
*
*
*
(a) * * *
(2) For which EPA has provided
purchasing recommendations in a
related Recovered Materials Advisory
Notice (RMAN) (available at http://
www.epa.gov/epaoswer/non-hw/
procure/backgrnd.htm).
*
*
*
*
*
mstockstill on PROD1PC66 with RULES3
*
*
*
*
*
*
(b) * * *
ll (25)(i) 52.223–9 Estimate of
Percentage of Recovered Material Content for
EPA-Designated Items (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)).
ll (ii) Alternate I (MAY 2008) of 52.223–
9 (42 U.S.C. 6962(i)(2)(C)).
*
23.406 Solicitation provisions and
contract clauses.
*
*
*
*
(c) Insert the provision at 52.223–4,
Recovered Material Certification, in
solicitations that—
(1) Require the delivery or specify the
use of EPA-designated items; or
(2) Include the clause at 52.223–17,
Affirmative Procurement of EPAdesignated Items in Service and
Construction Contracts.
(d) Insert the clause at 52.223–9,
Estimate of Percentage of Recovered
Material Content for EPA-designated
Items, in solicitations and contracts
exceeding $100,000 that are for, or
specify the use of, EPA-designated items
Jkt 214001
*
52.223–4
7. Amend section 23.405 by removing
from paragraph (a)(1) ‘‘http://
www.epa.gov/cpg/’’ and adding ‘‘http://
www.epa.gov/cpg/products.htm’’ in its
place.
I 8. Amend section 23.406 by revising
paragraphs (c) and (d), and adding
paragraph (e) to read as follows:
16:41 Apr 21, 2008
*
*
*
*
*
I 10. Amend section 52.223–4 by
revising the date of the provision and
the provision to read as follows:
I
VerDate Aug<31>2005
*
CONTRACT TERMS AND CONDITIONS
REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL
ITEMS (MAY 2008)
*
[Amended]
*
9. Amend section 52.212–5 by
revising the date of the clause and
paragraph (b)(25) to read as follows:
I
*
5. Amend section 23.000 by removing
from paragraph (d) ‘‘that use’’ and
adding ‘‘containing’’ in its place.
I 6. Amend section 23.401 by revising
paragraph (a)(2) to read as follows:
23.405
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
I
23.401
containing recovered materials. If
technical personnel advise that
estimates can be verified, use the clause
with its Alternate I.
(e) Insert the clause at 52.223–17,
Affirmative Procurement of EPAdesignated Items in Service and
Construction Contracts, in service or
construction solicitations and contracts
unless the contract will not involve the
use of EPA-designated items.
*
Recovered Material Certification.
*
*
*
RECOVERED MATERIAL CERTIFICATION
(MAY 2008)
As required by the Resource Conservation
and Recovery Act of 1976 (42 U.S.C.
6962(c)(3)(A)(i)), the offeror certifies, by
signing this offer, that the percentage of
recovered materials content for EPAdesignated items to be delivered or used in
the performance of the contract will be at
least the amount required by the applicable
contract specifications or other contractual
requirements.
(End of provision)
11. Amend section 52.223–9 by—
I a. Revising the section heading;
I b. Revising the heading and the date
of clause;
I c. Revising paragraph (b)(1); and
I d. In Alternate I by—
I 1. Revising the date of Alternate I; and
I 2. Revising the introductory paragraph
of the certification in paragraph (b).
I The revised text reads as follows.
I
ESTIMATE OF PERCENTAGE OF
RECOVERED MATERIAL CONTENT FOR
EPA-DESIGNATED ITEMS (MAY 2008)
*
*
*
*
PO 00000
*
*
Frm 00020
*
Fmt 4701
*
*
*
*
*
*
*
*
*
12. Add section 52.223–17 to read as
follows:
I
52.223–17 Affirmative Procurement of
EPA-designated Items in Service and
Construction Contracts.
As prescribed in 23.406(e), insert the
following clause:
AFFIRMATIVE PROCUREMENT OF EPADESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS (MAY 2008)
(a) In the performance of this contract, the
Contractor shall make maximum use of
products containing recovered materials that
are EPA-designated items unless the product
cannot be acquired—
(1) Competitively within a timeframe
providing for compliance with the contract
performance schedule;
(2) Meeting contract performance
requirements; or
(3) At a reasonable price.
(b) Information about this requirement is
available at EPA’s Comprehensive
Procurement Guidelines web site, http://
www.epa.gov/cpg/. The list of EPAdesignated items is available at http://
www.epa.gov/cpg/products.htm.
(End of clause)
[FR Doc. E8–8471 Filed 4–21–08; 8:45 am]
BILLING CODE 6820–EP–S
*
Sfmt 4700
*
Alternate I (MAY 2008). * * *
(b) * * *
CERTIFICATION
I, lllllllllllllll (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 items met the applicable
contract specifications or other contractual
requirements.
52.223–9 Estimate of Percentage of
Recovered Material Content for EPADesignated Items.
*
*
(b) * * *
(1) Estimate the percentage of the total
recovered material content for EPAdesignated item(s) delivered and/or used in
contract performance, including, if
applicable, the percentage of post-consumer
material content; and
E:\FR\FM\22APR3.SGM
22APR3
Agencies
[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21789-21790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8471]
[[Page 21789]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 12, 13, 23, and 52
[FAC 2005-25; FAR Case 2005-039; Item IV; Docket 2007-0001; Sequence 2]
RIN 9000-AK69
Federal Acquisition Regulation; FAR Case 2005-039, Use of
Products Containing Recovered Materials in Service and Construction
Contracts
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 clarify language
within the FAR on the use of products containing recovered materials,
pursuant to the Resource Conservation and Recovery Act of 1976, and
Executive Order 13101 ``Greening the Government Through Waste
Prevention, Recycling, and Federal Acquisition.''
DATES: Effective Date: May 22, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. William Clark, Procurement
Analyst, at (202) 219-1813 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-25, FAR case
2005-039.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 72 FR 24554, May 3, 2007, to clarify language within the
FAR regarding the use of products containing recovered materials,
pursuant to the Resource Conservation and Recovery Act of 1976, and
Executive Order 13101 ``Greening the Government Through Waste
Prevention, Recycling, and Federal Acquisition.'' This rule revises
Subpart 23.4 and associated provisions and clauses in Part 52, with
conforming changes in FAR Parts 4, 12, and 13, to--
(1) Provide for consistency when referring to products containing
recovered materials;
(2) Clarify that the requirement for products containing recovered
materials applies (a) when agencies require the delivery or specify the
use of Environmental Protection Agency (EPA)-designated items, and (b)
when agencies award contracts for services or construction unless the
service or construction contract will not involve the use of such
items;
(3) Prescribe a new clause for use in service and construction
contracts when appropriate; and
(4) Revise the Recovered Material Certification provision to
reflect the changes of this rule.
No comments were received for the proposed rule.
Note: Since the publication of the proposed rule, the FAR has
already been amended to include a number of the changes proposed under
this rule (see FAR Case 2004-032, Biobased Products Preference Program,
(72 FR 63040, November 7, 2007)).
This is not a significant regulatory action and, therefore, was not
subject to 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. Small business concerns and other interested parties
were invited to submit comments concerning the affected FAR Parts. No
comments were received. The Councils prepared a Final Regulatory
Flexibility Analysis (FRFA), and it is summarized as follows:
This final rule amends and clarifies language within the FAR on
the use of products containing recovered materials pursuant to the
Resource Conservation and Recovery Act (RCRA) of 1976, and Executive
Order 13101 ``Greening the Government Through Waste Prevention,
Recycling, and Federal Acquisition. Although the statute applies to
all contracts, the Office of the Federal Environmental Executive
advised that language at FAR Subpart 23.4 has not been consistently
implemented by Government agencies in service and construction
acquisitions. The Councils recognize that the rule may affect small
entities performing contracts for those agencies that have not fully
implemented the program in service and construction contracts; the
number of entities affected, and the extent to which they will be
affected, may be significant. The rule may affect the types of
products these businesses use during contract performance.
Assistance is available to all firms at the Environmental Protection
Agency (EPA) Comprehensive Procurement Guidelines website, http://
www.epa.gov/cpg. EPA provides guidance on identifying products
containing recovered materials, including Product Fact Sheets and a
Supplier Database. Options to comply with the requirements of the
rule can be as simple as purchasing products made with recovered
materials to be used in service and construction contracts. The rule
does not impose new requirements that impose a burden on
contractors.
The rule revises text at FAR Subpart 23.4 to clarify that the
requirement for use of products containing recovered materials
applies when agencies purchase EPA-designated items, and when
purchasing services (including construction) that could include the
use of such items. The objective of this rule is to ensure that
contractors deliver and make maximum use of products containing
recovered materials in contracts for services and construction.
This final rule applies to all small business entities that
contract with the Federal Government for delivery of EPA-designated
items or performance of services or construction contracts that
involve the use of EPA-designated items. The final rule allows for
procurement exemptions.
The rule does not impose any new reporting, recordkeeping, or
compliance requirements.
Interested parties may obtain a copy of the FRFA from the FAR
Secretariat. The FAR Secretariat has submitted a copy of the FRFA to
the Chief Counsel for Advocacy of the Small Business Administration.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 9000-
0134.
List of Subjects in 48 CFR Parts 4, 12, 13, 23, and 52
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 12, 13, 23, and 52
as set forth below:
0
1. The authority citation for 48 CFR parts 4, 12, 13, 23, and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
0
2. Amend section 4.1202 by removing from paragraph (t) ``Products'' and
adding ``Items'' in its place.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
0
3. Amend section 12.301 by revising paragraph (e)(3) to read as
follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
[[Page 21790]]
(e) * * *
(3) The contracting officer may use the provisions and clauses
contained in Part 23 regarding the use of products containing recovered
materials and biobased products when appropriate for the item being
acquired.
* * * * *
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.006 [Amended]
0
4. Amend section 13.006 by removing from paragraph (g) ``Products'' and
adding ``Items'' in its place.
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
23.000 [Amended]
0
5. Amend section 23.000 by removing from paragraph (d) ``that use'' and
adding ``containing'' in its place.
0
6. Amend section 23.401 by revising paragraph (a)(2) to read as
follows:
23.401 Definitions.
* * * * *
(a) * * *
(2) For which EPA has provided purchasing recommendations in a
related Recovered Materials Advisory Notice (RMAN) (available at http:/
/www.epa.gov/epaoswer/non-hw/procure/backgrnd.htm).
* * * * *
23.405 [Amended]
0
7. Amend section 23.405 by removing from paragraph (a)(1) ``http://
www.epa.gov/cpg/'' and adding ``http://www.epa.gov/cpg/products.htm''
in its place.
0
8. Amend section 23.406 by revising paragraphs (c) and (d), and adding
paragraph (e) to read as follows:
23.406 Solicitation provisions and contract clauses.
* * * * *
(c) Insert the provision at 52.223-4, Recovered Material
Certification, in solicitations that--
(1) Require the delivery or specify the use of EPA-designated
items; or
(2) Include the clause at 52.223-17, Affirmative Procurement of
EPA-designated Items in Service and Construction Contracts.
(d) Insert the clause at 52.223-9, Estimate of Percentage of
Recovered Material Content for EPA-designated Items, in solicitations
and contracts exceeding $100,000 that are for, or specify the use of,
EPA-designated items containing recovered materials. If technical
personnel advise that estimates can be verified, use the clause with
its Alternate I.
(e) Insert the clause at 52.223-17, Affirmative Procurement of EPA-
designated Items in Service and Construction Contracts, in service or
construction solicitations and contracts unless the contract will not
involve the use of EPA-designated items.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
9. Amend section 52.212-5 by revising the date of the clause and
paragraph (b)(25) 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 (MAY 2008)
* * * * *
(b) * * *
---- (25)(i) 52.223-9 Estimate of Percentage of Recovered
Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)).
---- (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C.
6962(i)(2)(C)).
* * * * *
0
10. Amend section 52.223-4 by revising the date of the provision and
the provision to read as follows:
52.223-4 Recovered Material Certification.
* * * * *
RECOVERED MATERIAL CERTIFICATION (MAY 2008)
As required by the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing
this offer, that the percentage of recovered materials content for
EPA-designated items to be delivered or used in the performance of
the contract will be at least the amount required by the applicable
contract specifications or other contractual requirements.
(End of provision)
0
11. Amend section 52.223-9 by--
0
a. Revising the section heading;
0
b. Revising the heading and the date of clause;
0
c. Revising paragraph (b)(1); and
0
d. In Alternate I by--
0
1. Revising the date of Alternate I; and
0
2. Revising the introductory paragraph of the certification in
paragraph (b).
0
The revised text reads as follows.
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-
Designated Items.
* * * * *
ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)
* * * * *
(b) * * *
(1) Estimate the percentage of the total recovered material
content for EPA-designated item(s) delivered and/or used in contract
performance, including, if applicable, the percentage of post-
consumer material content; and
* * * * *
Alternate I (MAY 2008). * * *
(b) * * *
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 items met the applicable contract specifications
or other contractual requirements.
* * * * *
0
12. Add section 52.223-17 to read as follows:
52.223-17 Affirmative Procurement of EPA-designated Items in Service
and Construction Contracts.
As prescribed in 23.406(e), insert the following clause:
AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS (MAY 2008)
(a) In the performance of this contract, the Contractor shall
make maximum use of products containing recovered materials that are
EPA-designated items unless the product cannot be acquired--
(1) Competitively within a timeframe providing for compliance
with the contract performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
(b) Information about this requirement is available at EPA's
Comprehensive Procurement Guidelines web site, http://www.epa.gov/
cpg/. The list of EPA-designated items is available at http://
www.epa.gov/cpg/products.htm.
(End of clause)
[FR Doc. E8-8471 Filed 4-21-08; 8:45 am]
BILLING CODE 6820-EP-S