[FAC 2005-75; FAR Case 2013-016; Item I; Docket 2013-0016, Sequence 1] Federal Acquisition Regulation; EPEAT Items, 35859-35864 [2014-14376]
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–75, FAR Case 2013–016.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
I. Background
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 7, 11, 23, 39, and 52
RIN 9000–AM71
[FAC 2005–75; FAR Case 2013–016;
Item I; Docket 2013–0016, Sequence 1]
Federal Acquisition Regulation; EPEAT
Items
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim Rule.
AGENCIES:
DoD, GSA, and NASA are
issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to
implement changes in the Electronic
Product Environmental Assessment
Tool (EPEAT®) registry.
DATES: Effective Date: June 24, 2014.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
August 25, 2014 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–75, FAR Case
2013–016, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2013–016’’
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘FAR Case 2013–
016.’’ Follow the instructions provided
at the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘FAR Case 2013–016’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Ms. Flowers, 1800 F
Street NW., 2nd floor, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAC 2005–75, FAR Case
2013–016, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
Analyst, at 202–501–3221 for
clarification of content. For information
pertaining to status or publication
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SUMMARY:
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This interim rule revises the Federal
Acquisition Regulation (FAR) to expand
the Federal requirement to procure
EPEAT®-registered products beyond
personal computer products to cover
imaging equipment (i.e., copiers, digital
duplicators, facsimile machines, mailing
machines, multifunction devices,
printers, and scanners) and televisions
and modify the existing FAR
requirements to recognize the revised
standard applicable to computer
products.
In April 2006, the IEEE 1680TM
Standard for the Environmental
Assessment of Personal Computer
Products, was published by the Institute
of Electrical and Electronics Engineers
(IEEE), Inc., a 140-year-old, ANSIaccredited standards development
organization. In July 2006, the EPEAT®
Product Registry was launched,
providing a listing of products that
conformed to this standard. In 2007,
President Bush issued Executive Order
13423 (signed January 24, 2007, and
published in the Federal Register at 72
FR 3920 on January 26, 2007), which
required Federal agencies to satisfy at
least 95 percent of their requirements
for electronic products with EPEAT®registered electronic products unless
there was not an EPEAT® standard for
such product. EPEAT® requirements
were added to the FAR by the final rule
of FAR Case 2006–030 (published in the
Federal Register at 74 FR 2740 on
January 15, 2009).
President Obama issued Executive
Order 13514 (signed October 5, 2009,
and published in the Federal Register at
74 FR 52117 on October 8, 2009)
supporting the procurement of EPEAT®registered products, with one
procurement exception added for the
acquisition of weapon systems.
The IEEE has finalized a revised
version of the 1680TM standard, which
contains the process for the conformity
assessment to the IEEE 1680TM family of
standards. Currently, this family
consists of the following:
• IEEE 1680.1TM, the specific
environmental performance criteria for
personal computer products.
• IEEE 1680.2TM, the specific
environmental performance criteria for
imaging equipment.
• IEEE 1680.3TM, the specific
environmental performance criteria for
televisions.
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The latter two standards were
finalized in 2012 and added to the
EPEAT® registry in 2013.
The FAR implementation of EPEAT®
requirements, to date, has been limited
to the original product category, i.e.,
personal computer products. The
addition of the new EPEAT® product
categories requires amendments to FAR
subpart 23.7 to fully implement the
EPEAT® acquisition requirement.
II. Discussion and Analysis
The FAR, as currently written, does
not facilitate full implementation of
E.O.s 13423 and 13514. While FAR
23.103 requires that Federal agencies
shall advance sustainable acquisition by
ensuring that 95 percent of new contract
actions for the supply of products and
for the acquisition of services (including
construction) require that the products
are environmentally preferable (e.g.,
EPEAT-registered, or non-toxic or less
toxic alternatives), there has been only
one corresponding contract clause, for
personal computer products.
The changes being made to the FAR
include definitions for the relevant
electronic products for computer
products, imaging equipment, and
televisions. In addition to including
new definitions associated with imaging
equipment and televisions, the FAR
definitions for personal computer
products are revised to harmonize with
those in IEEE 1680.1TM. The FAR text
explains at 23.704 that EPEAT®registered electronic products are
designated bronze-, silver-, or goldregistered. The reference to the 95
percent purchasing requirement that
had been included in FAR 23.704(c) is
removed in this revision because the
overall 95 percent sustainable
acquisition goal at FAR 23.103(a) makes
it unnecessary to repeat the goal for
EPEAT®. The language on applicability
at FAR 23.704(a)(2) is revised to use
wording similar to that used in the
energy-efficiency rule at FAR 23.200
without changing the substance. The
exceptions that had been located at FAR
23.704(c) are revised for clarity and
relocated to FAR 23.704(a).
The format for the clause
prescriptions, at FAR 23.705(b), (c), and
(d), are conformed to the format used for
the clause prescription at FAR 23.206
(for FAR 52.223–15, Energy Efficiency
in Energy-Consuming Products). This
was done for the purposes of
consistency and clarity.
The interim rule includes three
contract clauses, one each for computer
products, imaging equipment, and
televisions. The clauses require
acquisition of products with at least the
minimum, or bronze-registered,
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designation. Each of the clauses has one
alternate, which purchasers can use
when the requirement is for silver- or
gold-registered products.
Other amendments made by the
interim rule add the current references
and clarify the requirements in this area.
The definition of ‘‘facsimile’’ at FAR
2.101 is deleted at FAR 2.101 for several
reasons. Primarily, DoD, GSA and
NASA wanted to ensure that the faxing
process could not be confused with
‘‘facsimile machine,’’ as that term is
now defined at FAR 23.701. Further,
while ‘‘facsimile’’ is used over 90 times
in the FAR, its proper use is defined in
the two clauses at FAR 52.214–31,
Facsimile Bids, and 52.215–5, Facsimile
Proposals. There is no value added by
having a definition in part 2 of the FAR.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this rule to 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. However, an Initial Regulatory
Flexibility Analysis (IRFA) has been
prepared and is summarized as follows:
This is an interim rule revising the FAR to
incorporate EPEAT standards for the
procurement of Electronic Product
Environmental Assessment Tool (EPEAT®)registered products beyond personal
computer products to cover imaging
equipment (i.e., copiers, digital duplicators,
facsimile machines, mailing machines,
multifunction devices, printers, and
scanners) and televisions and modify the
existing FAR requirements to recognize the
Product category
Bronze
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Personal computer products ............................................................................
Imaging equipment ..........................................................................................
Televisions .......................................................................................................
These numbers refer to products, not
individual companies. However, most (90–
100 percent) of the companies with products
listed on the EPEAT® registry are large
businesses. These companies pay an annual
fee, based on a sliding scale determined by
the firm’s revenue for that product the
previous year, in order to be able to list the
products on the EPEAT registry.
However, purchasers often procure through
resellers or distributors of EPEAT®-registered
products rather than directly from the
manufacturers. EPA’s Office of Small
Business Programs stated that the majority of
the resellers and distributors for EPEAT®registered products are categorized as small
businesses. Further, only the actual
manufacturer pays to list products on the
EPEAT® registry. The resellers or distributors
pay no fees but reap the benefit of the EPEAT
categorization.
Therefore, there will be little or no impact
on small businesses due to this rule.
There are no reporting, recordkeeping, or
other compliance requirements associated
with this rule. The only requirement is that
businesses planning to submit a proposal to
the Government be aware of the EPEAT®
registry and Web site and refer to it during
the preparation of proposals.
The rule does not duplicate, overlap, or
conflict with any other Federal rules. The
compliance and reporting requirements
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Silver
52
202
-0-
under the rule are minor and not onerous in
any sense. Small entities can comply with
the requirements either as manufacturers,
resellers, or distributors.
The Regulatory Secretariat has
submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
Regulatory Secretariat. DoD, GSA, and
NASA invite comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(FAC 2005–75, FAR Case 2013–016) in
correspondence.
V. Paperwork Reduction Act
The interim rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
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revised standard applicable to personal
computer products.
Executive Order 13423 requires Federal
agencies to satisfy at least 95 percent of their
requirements for electronic products with
EPEAT®-registered electronic products
unless there is not an EPEAT® standard for
such product. Executive Order 13514
supported the procurement of EPEAT®registered products, with one procurement
exception added for the acquisition of
weapon systems.
The EPEAT organization is incorporated as
a 501(c)(4) ‘‘social benefit’’ nonprofit
organization and is overseen by an
independent Board of Directors guided by a
stakeholder Advisory Council. EPEAT
manages the EPEAT® registry. Products must
conform to the IEEE 1680TM family of
standards in order to be listed on the
EPEAT® product registry. The EPEAT
requirement, including a specific
requirement for the purchase of EPEAT®registered personal computer products, was
added to the FAR by FAR Case 2006–030.
Since that final rule was issued on January
15, 2009, the IEEE has published an updated
standard for personal computer products and
two additional standards, for imaging
equipment and televisions.
Searching within the EPEAT® registry on
May 3, 2013, the following numbers of
products were listed as registered in the
United States:
Gold
793
128
84
1,528
16
39
Total
2,373
346
123
Paperwork Reduction Act (44 U.S.C.
chapter 35).
VI. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is appropriate because imaging
equipment and television items have
already been added to the EPEAT®
registry. Therefore, under the
requirements of E.O.s 13423 and 13514,
agencies are already required to fulfill at
least 95 percent of their annual
acquisition requirement for imaging
equipment and televisions with EPEATregistered products. For these reasons, it
is important that contracting personnel
be aware of, and include in solicitations
as appropriate, the new requirements.
However, pursuant to 41 U.S.C. 1707
and FAR 1.501–3(b), DoD, GSA, and
NASA will consider public comments
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received in response to this interim rule
in the formation of the final rule.
List of Subjects in 48 CFR Parts 2, 7, 11,
23, 39, and 52
Government procurement.
Dated: June 13, 2014.
William Clark,
Acting Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 2, 7, 11, 23, 39, and
52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 7, 11, 23, 39, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 2—DEFINITIONS OF WORDS
AND TERMS
2.101
[Amended]
2. Amend section 2.101 by removing
the definition ‘‘Facsimile’’.
■
PART 7—ACQUISITION PLANNING
7.103
[Amended]
3. Amend section 7.103 by removing
from paragraph (p)(2) ‘‘(EPEAT)’’ and
adding ‘‘(EPEAT®)’’ in its place.
■
PART 11—DESCRIBING AGENCY
NEEDS
11.002
[Amended]
4. Amend section 11.002 by removing
from paragraph (d)(1)(v) ‘‘EPEAT’’ and
adding ‘‘EPEAT®’’ in its place.
■
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
23.000
[Amended]
5. Amend section 23.000 by removing
from paragraph (d) ‘‘EPEAT’’ and
adding ‘‘EPEAT®’’ in its place.
■
23.103
[Amended]
6. Amend section 23.103 by removing
from paragraph (a)(4) ‘‘EPEAT’’ and
adding ‘‘EPEAT®’’ in its place.
■ 7. Revise section 23.701 to read as
follows:
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■
23.701
Definitions.
As used in this subpart—
Computer means a device that
performs logical operations and
processes data. Computers are
composed of, at a minimum:
(1) A central processing unit (CPU) to
perform operations;
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(2) User input devices such as a
keyboard, mouse, digitizer, or game
controller; and
(3) A computer display screen to
output information. Computers include
both stationary and portable units,
including desktop computers, integrated
desktop computers, notebook
computers, thin clients, and
workstations. Although computers must
be capable of using input devices and
computer displays, as noted in
paragraphs (2) and (3) of this definition,
computer systems do not need to
include these devices on shipment to
meet this definition. This definition
does not include server computers,
gaming consoles, mobile telephones,
portable hand-held calculators, portable
digital assistants (PDAs), MP3 players,
or any other mobile computing device
with displays less than 4 inches,
measured diagonally.
Computer display means a display
screen and its associated electronics
encased in a single housing or within
the computer housing (e.g., notebook or
integrated desktop computer) that is
capable of displaying output
information from a computer via one or
more inputs such as a VGA, DVI, USB,
DisplayPort, and/or IEEE 1394–2008TM,
Standard for High Performance Serial
Bus. Examples of computer display
technologies are the cathode-ray tube
(CRT) and liquid crystal display (LCD).
Desktop computer means a computer
where the main unit is intended to be
located in a permanent location, often
on a desk or on the floor. Desktops are
not designed for portability and utilize
an external computer display, keyboard,
and mouse. Desktops are designed for a
broad range of home and office
applications.
Electronic products means products
that are dependent on electric currents
or electromagnetic fields in order to
work properly.
Imaging equipment means the
following products:
(1) Copier—A commercially available
imaging product with a sole function of
the production of hard copy duplicates
from graphic hard-copy originals. The
unit is capable of being powered from
a wall outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
copiers or upgradeable digital copiers
(UDCs).
(2) Digital duplicator—A
commercially available imaging product
that is sold in the market as a fully
automated duplicator system through
the method of stencil duplicating with
digital reproduction functionality. The
unit is capable of being powered from
a wall outlet or from a data or network
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connection. This definition is intended
to cover products that are marketed as
digital duplicators.
(3) Facsimile machine (fax
machine)—A commercially available
imaging product whose primary
functions are scanning hard-copy
originals for electronic transmission to
remote units and receiving similar
electronic transmissions to produce
hard-copy output. Electronic
transmission is primarily over a public
telephone system but also may be via
computer network or the Internet. The
product also may be capable of
producing hard copy duplicates. The
unit is capable of being powered from
a wall outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
fax machines.
(4) Mailing machine—A commercially
available imaging product that serves to
print postage onto mail pieces. The unit
is capable of being powered from a wall
outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
mailing machines.
(5) Multifunction device (MFD)—A
commercially available imaging
product, which is a physically
integrated device or a combination of
functionally integrated components,
that performs two or more of the core
functions of copying, printing, scanning,
or faxing. The copy functionality as
addressed in this definition is
considered to be distinct from singlesheet convenience copying offered by
fax machines. The unit is capable of
being powered from a wall outlet or
from a data or network connection. This
definition is intended to cover products
that are marketed as MFDs or
multifunction products.
(6) Printer—A commercially available
imaging product that serves as a hardcopy output device and is capable of
receiving information from single-user
or networked computers, or other input
devices (e.g., digital cameras). The unit
is capable of being powered from a wall
outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
printers, including printers that can be
upgraded into MFDs in the field.
(7) Scanner—A commercially
available imaging product that functions
as an electro-optical device for
converting information into electronic
images that can be stored, edited,
converted, or transmitted, primarily in a
personal computing environment. The
unit is capable of being powered from
a wall outlet or from a data or network
connection. This definition is intended
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to cover products that are marketed as
scanners.
Integrated desktop computer means a
desktop system in which the computer
and computer display function as a
single unit that receives its AC power
through a single cable. Integrated
desktop computers come in one of two
possible forms:
(1) A system where the computer
display and computer are physically
combined into a single unit; or
(2) A system packaged as a single
system where the computer display is
separate but is connected to the main
chassis by a DC power cord and both the
computer and computer display are
powered from a single power supply. As
a subset of desktop computers,
integrated desktop computers are
typically designed to provide similar
functionality as desktop systems.
Notebook computer means a
computer designed specifically for
portability and to be operated for
extended periods of time either with or
without a direct connection to an AC
power source. Notebooks must utilize
an integrated computer display and be
capable of operation off of an integrated
battery or other portable power source.
In addition, most notebooks use an
external power supply and have an
integrated keyboard and pointing
device. Notebook computers are
typically designed to provide similar
functionality to desktops, including
operation of software similar in
functionality to that used in desktops.
Docking stations are considered
accessories for notebook computers, not
notebook computers. Tablet PCs, which
may use touch-sensitive screens along
with, or instead of, other input devices,
are considered notebook computers.
Personal computer product means a
computer, computer display, desktop
computer, integrated desktop computer,
or notebook computer.
Television, or TV, means a
commercially available electronic
product designed primarily for the
reception and display of audiovisual
signals received from terrestrial, cable,
satellite, Internet Protocol TV (IPTV), or
other digital or analog sources. A TV
consists of a tuner/receiver and a
display encased in a single enclosure.
The product usually relies upon a
cathode-ray tube (CRT), liquid crystal
display (LCD), plasma display, or other
display technology. Televisions with
computer capability (e.g., computer
input port) may be considered to be a
TV as long as they are marketed and
sold to consumers primarily as
televisions.
■ 8. Revise section 23.704 to read as
follows:
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23.704 Electronic product environmental
assessment tool.
(a)(1) General. As required by E.O.s
13423 and 13514, agencies shall acquire
Electronic Product Environmental
Assessment Tool (EPEAT®)-registered
electronic products, unless—
(i) There is no EPEAT® standard for
such products; or
(ii) The agency head, in accordance
with agency procedures, determines
that—
(A) No EPEAT®-registered product
meets agency requirements; or
(B) The EPEAT®-registered product
will not be cost effective over the life of
the product.
(2) This subpart applies to
acquisitions of electronic products to be
used in the United States, unless
otherwise provided by agency
procedures. When acquiring electronic
products to be used outside the United
States, agencies must use their best
efforts to comply with this subpart.
(b) Personal computer products,
imaging equipment, and televisions.
These are categories of EPEAT®registered electronic products.
(1) The IEEE 1680.1TM-2009 Standard
for the Environmental Assessment of
Personal Computer Products, the IEEE
1680.2TM-2012 Standard for the
Environmental Assessment of Imaging
Equipment, and the IEEE 1680.3TM-2012
Standard for the Environmental
Assessment of Televisions—
(i) Were issued by the Institute of
Electrical and Electronics Engineers,
Inc., on March 5, 2010; October 19,
2012, and October 19, 2012,
respectively;
(ii) Are voluntary consensus
standards consistent with section 12(d)
of Pub. L. 104–113 (15 U.S.C. 272 note),
the ‘‘National Technology Transfer and
Advancement Act of 1995,’’ (see
11.102);
(iii) Meets EPA-issued guidance on
environmentally preferable products
and services; and
(iv) Are described in more detail at
www.epa.gov/epeat.
(2) A list of EPEAT® product
categories and EPEAT®-registered
electronic products that are in
conformance with these standards can
be found at www.epa.gov/epeat.
(3) EPEAT® electronic products are
designated ‘‘bronze-,’’ ‘‘silver-,’’ or
‘‘gold-’’ registered.
(4) Agencies shall, at a minimum,
acquire EPEAT® bronze-registered
products.
(5) Agencies are encouraged to
acquire EPEAT® silver- or goldregistered products.
■ 9. Amend section 23.705 by
redesignating paragraph (b) as paragraph
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(d), and adding new paragraphs (b) and
(c), and revising the newly redesignated
paragraph (d) to read as follows:
23.705
Contract clauses.
*
*
*
*
*
(b)(1) Unless an exception applies in
accordance with 23.704(a), insert the
clause at 52.223–13, Acquisition of
EPEAT®-Registered Imaging Equipment,
in all solicitations and contracts when
imaging equipment (copiers, digital
duplicators, facsimile machines, mailing
machines, multifunction devices,
printers, and scanners) will be—
(i) Delivered;
(ii) Acquired by the contractor for use
in performing services at a Federally
controlled facility; or
(iii) Furnished by the contractor for
use by the Government.
(2) Agencies may use the clause with
its Alternate I when there are sufficient
EPEAT® silver- or gold-registered
products available to meet agency
needs.
(c)(1) Unless an exception applies in
accordance with 23.704(a), insert the
clause at 52.223–14, Acquisition of
EPEAT®-Registered Televisions, in all
solicitations and contracts when
televisions will be—
(i) Delivered;
(ii) Acquired by the contractor for use
in performing services at a Federally
controlled facility; or
(iii) Furnished by the contractor for
use by the Government.
(2) Agencies may use the clause with
its Alternate I when there are sufficient
EPEAT® silver- or gold-registered
products available to meet agency
needs.
(d)(1) Unless an exception applies in
accordance with 23.704(a), insert the
clause at 52.223–16, Acquisition of
EPEAT®-Registered Personal Computer
Products, in all solicitations and
contracts when personal computer
products will be—
(i) Delivered;
(ii) Acquired by the contractor for use
in performing services at a Federally
controlled facility; or
(iii) Furnished by the contractor for
use by the Government.
(2) Agencies may use the clause with
its Alternate I when there are sufficient
EPEAT® silver- or gold-registered
products available to meet agency
needs.
PART 39—ACQUISITION OF
INFORMATION TECHNOLOGY
39.101
[Amended]
10. Amend section 39.101 by
removing from paragraph (b)(1)(ii)
‘‘(EPEAT®)’’ and adding ‘‘(EPEAT)’’ in
its place.
■
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
11. Amend section 52.212–5 by—
a. Revising the date of the clause;
b. Redesignating paragraphs (b)(38)
through (54) as paragraphs (b)(40)
through (56);
■ c. Adding new paragraphs (b)(38) and
(39); and
■ d. Revising the newly redesignated
paragraph (b)(41).
The revised and added text reads 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
(Jun 2014)
*
*
*
*
*
(b) * * *
ll(38)(i) 52.223–13, Acquisition of
EPEAT®-Registered Imaging Equipment
(Jun 2014)+(E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223–
13.
ll(39)(i) 52.223–14, Acquisition of
EPEAT®-Registered Televisions (Jun
2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223–
14.
*
*
*
*
*
ll(41)(i) 52.223–16, Acquisition of
EPEAT®-Registered Personal Computer
Products (Jun 2014) (E.O.s 13423 and
13514).
(ii) Alternate I (Jun 2014) of 52.223–
16.
*
*
*
*
*
■ 12. Add sections 52.223–13 and
52.223–14 to read as follows:
52.223–13 Acquisition of EPEAT®Registered Imaging Equipment.
mstockstill on DSK4VPTVN1PROD with RULES2
As prescribed in 23.705(b)(1), insert
the following clause:
Acquisition of Epeat®-Registered
Imaging Equipment (Jun 2014)
(a) Definitions. As used in this
clause—
Imaging equipment means the
following products:
(1) Copier—A commercially available
imaging product with a sole function of
the production of hard copy duplicates
from graphic hard-copy originals. The
unit is capable of being powered from
a wall outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
copiers or upgradeable digital copiers
(UDCs).
(2) Digital duplicator—A
commercially available imaging product
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18:07 Jun 23, 2014
Jkt 232001
that is sold in the market as a fully
automated duplicator system through
the method of stencil duplicating with
digital reproduction functionality. The
unit is capable of being powered from
a wall outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
digital duplicators.
(3) Facsimile machine (fax
machine)—A commercially available
imaging product whose primary
functions are scanning hard-copy
originals for electronic transmission to
remote units and receiving similar
electronic transmissions to produce
hard-copy output. Electronic
transmission is primarily over a public
telephone system but also may be via
computer network or the Internet. The
product also may be capable of
producing hard copy duplicates. The
unit is capable of being powered from
a wall outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
fax machines.
(4) Mailing machine—A commercially
available imaging product that serves to
print postage onto mail pieces. The unit
is capable of being powered from a wall
outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
mailing machines.
(5) Multifunction device (MFD)—A
commercially available imaging
product, which is a physically
integrated device or a combination of
functionally integrated components,
that performs two or more of the core
functions of copying, printing, scanning,
or faxing. The copy functionality as
addressed in this definition is
considered to be distinct from singlesheet convenience copying offered by
fax machines. The unit is capable of
being powered from a wall outlet or
from a data or network connection. This
definition is intended to cover products
that are marketed as MFDs or
multifunction products.
(6) Printer—A commercially available
imaging product that serves as a hardcopy output device and is capable of
receiving information from single-user
or networked computers, or other input
devices (e.g., digital cameras). The unit
is capable of being powered from a wall
outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
printers, including printers that can be
upgraded into MFDs in the field.
(7) Scanner—A commercially
available imaging product that functions
as an electro-optical device for
converting information into electronic
images that can be stored, edited,
PO 00000
Frm 00007
Fmt 4701
Sfmt 4700
35863
converted, or transmitted, primarily in a
personal computing environment. The
unit is capable of being powered from
a wall outlet or from a data or network
connection. This definition is intended
to cover products that are marketed as
scanners.
(b) Under this contract, the Contractor
shall deliver, furnish for Government
use, or furnish for Contractor use at a
Federally controlled facility, only
imaging equipment that, at the time of
submission of proposals and at the time
of award, was EPEAT® bronzeregistered or higher.
(c) For information about EPEAT®,
see www.epa.gov/epeat.
(End of clause)
Alternate I (Jun 2014). As prescribed
in 23.705(b)(2), substitute the following
paragraph (b) for paragraph (b) of the
basic clause:
(b) Under this contract, the Contractor
shall deliver, furnish for Government
use, or furnish for contractor use at a
Federally controlled facility, only
imaging equipment that, at the time of
submission of proposals and at the time
of award, was EPEAT silver-registered
or gold-registered.
52.223–14 Acquisition of EPEAT®Registered Televisions.
As prescribed in 23.705(c)(1), insert
the following clause:
Acquisition of Epeat®-Registered
Televisions (Jun 2014)
(a) Definitions. As used in this
clause—
Television or TV means a
commercially available electronic
product designed primarily for the
reception and display of audiovisual
signals received from terrestrial, cable,
satellite, Internet Protocol TV (IPTV), or
other digital or analog sources. A TV
consists of a tuner/receiver and a
display encased in a single enclosure.
The product usually relies upon a
cathode-ray tube (CRT), liquid crystal
display (LCD), plasma display, or other
display technology. Televisions with
computer capability (e.g., computer
input port) may be considered to be a
TV as long as they are marketed and
sold to consumers primarily as
televisions.
(b) Under this contract, the Contractor
shall deliver, furnish for Government
use, or furnish for Contractor use at a
Federally controlled facility, only
televisions that, at the time of
submission of proposals and at the time
of award, were EPEAT® bronzeregistered or higher.
(c) For information about EPEAT®,
see www.epa.gov/epeat.
(End of clause)
E:\FR\FM\24JNR2.SGM
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35864
Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
Alternate I (Jun 2014). As prescribed
in 23.705(c)(2), substitute the following
paragraph (b) for paragraph (b) of the
basic clause:
(b) Under this contract, the Contractor
shall deliver, furnish for Government
use, or furnish for Contractor use at a
Federally controlled facility, only
televisions that, at the time of
submission of proposals and at the time
of award, were EPEAT® silver-registered
or gold-registered.
■ 13. Revise section 52.223–16 to reads
as follows:
52.223–16 Acquisition of EPEATRegistered Personal Computer Products.
mstockstill on DSK4VPTVN1PROD with RULES2
As prescribed in 23.705(d)(1), insert
the following clause:
Acquisition of Epeat®-Registered
Personal Computer Products (Jun 2014)
(a) Definitions. As used in this
clause—
Computer means a device that
performs logical operations and
processes data. Computers are
composed of, at a minimum:
(1) A central processing unit (CPU) to
perform operations;
(2) User input devices such as a
keyboard, mouse, digitizer, or game
controller; and
(3) A computer display screen to
output information. Computers include
both stationary and portable units,
including desktop computers, integrated
desktop computers, notebook
computers, thin clients, and
workstations. Although computers must
be capable of using input devices and
computer displays, as noted in (2) and
(3) above, computer systems do not
need to include these devices on
shipment to meet this definition. This
definition does not include server
computers, gaming consoles, mobile
telephones, portable hand-held
calculators, portable digital assistants
(PDAs), MP3 players, or any other
mobile computing device with displays
less than 4 inches, measured diagonally.
Computer display means a display
screen and its associated electronics
encased in a single housing or within
the computer housing (e.g., notebook or
integrated desktop computer) that is
capable of displaying output
information from a computer via one or
more inputs such as a VGA, DVI, USB,
DisplayPort, and/or IEEE 1394–2008TM,
Standard for High Performance Serial
Bus. Examples of computer display
technologies are the cathode-ray tube
(CRT) and liquid crystal display (LCD).
Desktop computer means a computer
where the main unit is intended to be
located in a permanent location, often
on a desk or on the floor. Desktops are
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18:07 Jun 23, 2014
Jkt 232001
not designed for portability and utilize
an external computer display, keyboard,
and mouse. Desktops are designed for a
broad range of home and office
applications.
Integrated desktop computer means a
desktop system in which the computer
and computer display function as a
single unit that receives its AC power
through a single cable. Integrated
desktop computers come in one of two
possible forms:
(1) A system where the computer
display and computer are physically
combined into a single unit; or
(2) A system packaged as a single
system where the computer display is
separate but is connected to the main
chassis by a DC power cord and both the
computer and computer display are
powered from a single power supply. As
a subset of desktop computers,
integrated desktop computers are
typically designed to provide similar
functionality as desktop systems.
Notebook computer means a
computer designed specifically for
portability and to be operated for
extended periods of time either with or
without a direct connection to an AC
power source. Notebooks must utilize
an integrated computer display and be
capable of operation off of an integrated
battery or other portable power source.
In addition, most notebooks use an
external power supply and have an
integrated keyboard and pointing
device. Notebook computers are
typically designed to provide similar
functionality to desktops, including
operation of software similar in
functionality to that used in desktops.
Docking stations are considered
accessories for notebook computers, not
notebook computers. Tablet PCs, which
may use touch-sensitive screens along
with, or instead of, other input devices,
are considered notebook computers.
Personal computer product means a
computer, computer display, desktop
computer, integrated desktop computer,
or notebook computer.
(b) Under this contract, the Contractor
shall deliver, furnish for Government
use, or furnish for Contractor use at a
Federally controlled facility, only
personal computer products that, at the
time of submission of proposals and at
the time of award, were EPEAT®
bronze-registered or higher.
(c) For information about EPEAT, see
www.epa.gov/epeat.
(End of clause)
Alternate I (Jun 2014). As prescribed
in 23.705(d)(2), substitute the following
paragraph (b) for paragraph (b) of the
basic clause:
(b) Under this contract, the Contractor
shall deliver, furnish for Government
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
use, or furnish for Contractor use at a
Federally controlled facility, only
personal computer products that, at the
time of submission of proposals and at
the time of award, were EPEAT® silverregistered or gold-registered.
[FR Doc. 2014–14376 Filed 6–23–14; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005–75; FAR Case 2013–010; Item
II; Docket 2013–0010, Sequence 1]
RIN 9000–AM59
Federal Acquisition Regulation;
Contracting With Women-Owned Small
Business Concerns
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA have
adopted as final, without change, an
interim rule amending the Federal
Acquisition Regulation (FAR) to remove
the dollar limitation for set-asides to
economically disadvantaged womenowned small business concerns and to
women-owned small business concerns
eligible under the Women-Owned Small
Business Program.
DATES: Effective Date: June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Karlos Morgan, Procurement Analyst, at
202–501–2364, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–75, FAR
Case 2013–010.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
78 FR 37692 on June 21, 2013, to
implement section 1697 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2013 (Pub. L. 112–239),
which amended section 8(m) of the
Small Business Act, (15 U.S.C. 637(m)).
Section 1697 of the NDAA for FY 2013
amended section 8(m) by removing the
dollar limitation for set-asides to
economically disadvantaged womenowned small business (EDWOSB)
E:\FR\FM\24JNR2.SGM
24JNR2
]]>Agencies
[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35859-35864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14376]
[[Page 35859]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 7, 11, 23, 39, and 52
RIN 9000-AM71
[FAC 2005-75; FAR Case 2013-016; Item I; Docket 2013-0016,
Sequence 1] Federal Acquisition Regulation; EPEAT Items
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim Rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to implement changes in the
Electronic Product Environmental Assessment Tool (EPEAT[supreg])
registry.
DATES: Effective Date: June 24, 2014.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before August 25, 2014 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-75, FAR Case 2013-
016, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2013-016'' Select the link ``Comment Now'' that corresponds with ``FAR
Case 2013-016.'' Follow the instructions provided at the ``Comment
Now'' screen. Please include your name, company name (if any), and
``FAR Case 2013-016'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd floor,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-75, FAR
Case 2013-016, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement
Analyst, at 202-501-3221 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-75, FAR Case 2013-
016.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule revises the Federal Acquisition Regulation (FAR)
to expand the Federal requirement to procure EPEAT[supreg]-registered
products beyond personal computer products to cover imaging equipment
(i.e., copiers, digital duplicators, facsimile machines, mailing
machines, multifunction devices, printers, and scanners) and
televisions and modify the existing FAR requirements to recognize the
revised standard applicable to computer products.
In April 2006, the IEEE 1680TM Standard for the
Environmental Assessment of Personal Computer Products, was published
by the Institute of Electrical and Electronics Engineers (IEEE), Inc.,
a 140-year-old, ANSI-accredited standards development organization. In
July 2006, the EPEAT[supreg] Product Registry was launched, providing a
listing of products that conformed to this standard. In 2007, President
Bush issued Executive Order 13423 (signed January 24, 2007, and
published in the Federal Register at 72 FR 3920 on January 26, 2007),
which required Federal agencies to satisfy at least 95 percent of their
requirements for electronic products with EPEAT[supreg]-registered
electronic products unless there was not an EPEAT[supreg] standard for
such product. EPEAT[supreg] requirements were added to the FAR by the
final rule of FAR Case 2006-030 (published in the Federal Register at
74 FR 2740 on January 15, 2009).
President Obama issued Executive Order 13514 (signed October 5,
2009, and published in the Federal Register at 74 FR 52117 on October
8, 2009) supporting the procurement of EPEAT[supreg]-registered
products, with one procurement exception added for the acquisition of
weapon systems.
The IEEE has finalized a revised version of the 1680TM
standard, which contains the process for the conformity assessment to
the IEEE 1680TM family of standards. Currently, this family
consists of the following:
IEEE 1680.1TM, the specific environmental
performance criteria for personal computer products.
IEEE 1680.2TM, the specific environmental
performance criteria for imaging equipment.
IEEE 1680.3TM, the specific environmental
performance criteria for televisions.
The latter two standards were finalized in 2012 and added to the
EPEAT[supreg] registry in 2013.
The FAR implementation of EPEAT[supreg] requirements, to date, has
been limited to the original product category, i.e., personal computer
products. The addition of the new EPEAT[supreg] product categories
requires amendments to FAR subpart 23.7 to fully implement the
EPEAT[supreg] acquisition requirement.
II. Discussion and Analysis
The FAR, as currently written, does not facilitate full
implementation of E.O.s 13423 and 13514. While FAR 23.103 requires that
Federal agencies shall advance sustainable acquisition by ensuring that
95 percent of new contract actions for the supply of products and for
the acquisition of services (including construction) require that the
products are environmentally preferable (e.g., EPEAT-registered, or
non-toxic or less toxic alternatives), there has been only one
corresponding contract clause, for personal computer products.
The changes being made to the FAR include definitions for the
relevant electronic products for computer products, imaging equipment,
and televisions. In addition to including new definitions associated
with imaging equipment and televisions, the FAR definitions for
personal computer products are revised to harmonize with those in IEEE
1680.1TM. The FAR text explains at 23.704 that
EPEAT[supreg]-registered electronic products are designated bronze-,
silver-, or gold-registered. The reference to the 95 percent purchasing
requirement that had been included in FAR 23.704(c) is removed in this
revision because the overall 95 percent sustainable acquisition goal at
FAR 23.103(a) makes it unnecessary to repeat the goal for
EPEAT[supreg]. The language on applicability at FAR 23.704(a)(2) is
revised to use wording similar to that used in the energy-efficiency
rule at FAR 23.200 without changing the substance. The exceptions that
had been located at FAR 23.704(c) are revised for clarity and relocated
to FAR 23.704(a).
The format for the clause prescriptions, at FAR 23.705(b), (c), and
(d), are conformed to the format used for the clause prescription at
FAR 23.206 (for FAR 52.223-15, Energy Efficiency in Energy-Consuming
Products). This was done for the purposes of consistency and clarity.
The interim rule includes three contract clauses, one each for
computer products, imaging equipment, and televisions. The clauses
require acquisition of products with at least the minimum, or bronze-
registered,
[[Page 35860]]
designation. Each of the clauses has one alternate, which purchasers
can use when the requirement is for silver- or gold-registered
products.
Other amendments made by the interim rule add the current
references and clarify the requirements in this area. The definition of
``facsimile'' at FAR 2.101 is deleted at FAR 2.101 for several reasons.
Primarily, DoD, GSA and NASA wanted to ensure that the faxing process
could not be confused with ``facsimile machine,'' as that term is now
defined at FAR 23.701. Further, while ``facsimile'' is used over 90
times in the FAR, its proper use is defined in the two clauses at FAR
52.214-31, Facsimile Bids, and 52.215-5, Facsimile Proposals. There is
no value added by having a definition in part 2 of the FAR.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this rule to 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.
However, an Initial Regulatory Flexibility Analysis (IRFA) has been
prepared and is summarized as follows:
This is an interim rule revising the FAR to incorporate EPEAT
standards for the procurement of Electronic Product Environmental
Assessment Tool (EPEAT[supreg])-registered products beyond personal
computer products to cover imaging equipment (i.e., copiers, digital
duplicators, facsimile machines, mailing machines, multifunction
devices, printers, and scanners) and televisions and modify the
existing FAR requirements to recognize the revised standard
applicable to personal computer products.
Executive Order 13423 requires Federal agencies to satisfy at
least 95 percent of their requirements for electronic products with
EPEAT[supreg]-registered electronic products unless there is not an
EPEAT[supreg] standard for such product. Executive Order 13514
supported the procurement of EPEAT[supreg]-registered products, with
one procurement exception added for the acquisition of weapon
systems.
The EPEAT organization is incorporated as a 501(c)(4) ``social
benefit'' nonprofit organization and is overseen by an independent
Board of Directors guided by a stakeholder Advisory Council. EPEAT
manages the EPEAT[supreg] registry. Products must conform to the
IEEE 1680TM family of standards in order to be listed on
the EPEAT[supreg] product registry. The EPEAT requirement, including
a specific requirement for the purchase of EPEAT[supreg]-registered
personal computer products, was added to the FAR by FAR Case 2006-
030. Since that final rule was issued on January 15, 2009, the IEEE
has published an updated standard for personal computer products and
two additional standards, for imaging equipment and televisions.
Searching within the EPEAT[supreg] registry on May 3, 2013, the
following numbers of products were listed as registered in the
United States:
----------------------------------------------------------------------------------------------------------------
Product category Bronze Silver Gold Total
----------------------------------------------------------------------------------------------------------------
Personal computer products...................... 52 793 1,528 2,373
Imaging equipment............................... 202 128 16 346
Televisions..................................... -0- 84 39 123
----------------------------------------------------------------------------------------------------------------
These numbers refer to products, not individual companies.
However, most (90-100 percent) of the companies with products listed
on the EPEAT[supreg] registry are large businesses. These companies
pay an annual fee, based on a sliding scale determined by the firm's
revenue for that product the previous year, in order to be able to
list the products on the EPEAT registry.
However, purchasers often procure through resellers or
distributors of EPEAT[supreg]-registered products rather than
directly from the manufacturers. EPA's Office of Small Business
Programs stated that the majority of the resellers and distributors
for EPEAT[supreg]-registered products are categorized as small
businesses. Further, only the actual manufacturer pays to list
products on the EPEAT[supreg] registry. The resellers or
distributors pay no fees but reap the benefit of the EPEAT
categorization.
Therefore, there will be little or no impact on small businesses
due to this rule.
There are no reporting, recordkeeping, or other compliance
requirements associated with this rule. The only requirement is that
businesses planning to submit a proposal to the Government be aware
of the EPEAT[supreg] registry and Web site and refer to it during
the preparation of proposals.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. The compliance and reporting requirements under the
rule are minor and not onerous in any sense. Small entities can
comply with the requirements either as manufacturers, resellers, or
distributors.
The Regulatory Secretariat has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small Business Administration. A copy
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA,
and NASA invite comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
in accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAC 2005-75, FAR Case
2013-016) in correspondence.
V. Paperwork Reduction Act
The interim rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
VI. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is appropriate because imaging equipment and television items have
already been added to the EPEAT[supreg] registry. Therefore, under the
requirements of E.O.s 13423 and 13514, agencies are already required to
fulfill at least 95 percent of their annual acquisition requirement for
imaging equipment and televisions with EPEAT-registered products. For
these reasons, it is important that contracting personnel be aware of,
and include in solicitations as appropriate, the new requirements.
However, pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b), DoD, GSA, and
NASA will consider public comments
[[Page 35861]]
received in response to this interim rule in the formation of the final
rule.
List of Subjects in 48 CFR Parts 2, 7, 11, 23, 39, and 52
Government procurement.
Dated: June 13, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 7, 11, 23, 39,
and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 7, 11, 23, 39, and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
2. Amend section 2.101 by removing the definition ``Facsimile''.
PART 7--ACQUISITION PLANNING
7.103 [Amended]
0
3. Amend section 7.103 by removing from paragraph (p)(2) ``(EPEAT)''
and adding ``(EPEAT[supreg])'' in its place.
PART 11--DESCRIBING AGENCY NEEDS
11.002 [Amended]
0
4. Amend section 11.002 by removing from paragraph (d)(1)(v) ``EPEAT''
and adding ``EPEAT[supreg]'' 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) ``EPEAT'' and
adding ``EPEAT[supreg]'' in its place.
23.103 [Amended]
0
6. Amend section 23.103 by removing from paragraph (a)(4) ``EPEAT'' and
adding ``EPEAT[supreg]'' in its place.
0
7. Revise section 23.701 to read as follows:
23.701 Definitions.
As used in this subpart--
Computer means a device that performs logical operations and
processes data. Computers are composed of, at a minimum:
(1) A central processing unit (CPU) to perform operations;
(2) User input devices such as a keyboard, mouse, digitizer, or
game controller; and
(3) A computer display screen to output information. Computers
include both stationary and portable units, including desktop
computers, integrated desktop computers, notebook computers, thin
clients, and workstations. Although computers must be capable of using
input devices and computer displays, as noted in paragraphs (2) and (3)
of this definition, computer systems do not need to include these
devices on shipment to meet this definition. This definition does not
include server computers, gaming consoles, mobile telephones, portable
hand-held calculators, portable digital assistants (PDAs), MP3 players,
or any other mobile computing device with displays less than 4 inches,
measured diagonally.
Computer display means a display screen and its associated
electronics encased in a single housing or within the computer housing
(e.g., notebook or integrated desktop computer) that is capable of
displaying output information from a computer via one or more inputs
such as a VGA, DVI, USB, DisplayPort, and/or IEEE 1394-
2008TM, Standard for High Performance Serial Bus. Examples
of computer display technologies are the cathode-ray tube (CRT) and
liquid crystal display (LCD).
Desktop computer means a computer where the main unit is intended
to be located in a permanent location, often on a desk or on the floor.
Desktops are not designed for portability and utilize an external
computer display, keyboard, and mouse. Desktops are designed for a
broad range of home and office applications.
Electronic products means products that are dependent on electric
currents or electromagnetic fields in order to work properly.
Imaging equipment means the following products:
(1) Copier--A commercially available imaging product with a sole
function of the production of hard copy duplicates from graphic hard-
copy originals. The unit is capable of being powered from a wall outlet
or from a data or network connection. This definition is intended to
cover products that are marketed as copiers or upgradeable digital
copiers (UDCs).
(2) Digital duplicator--A commercially available imaging product
that is sold in the market as a fully automated duplicator system
through the method of stencil duplicating with digital reproduction
functionality. The unit is capable of being powered from a wall outlet
or from a data or network connection. This definition is intended to
cover products that are marketed as digital duplicators.
(3) Facsimile machine (fax machine)--A commercially available
imaging product whose primary functions are scanning hard-copy
originals for electronic transmission to remote units and receiving
similar electronic transmissions to produce hard-copy output.
Electronic transmission is primarily over a public telephone system but
also may be via computer network or the Internet. The product also may
be capable of producing hard copy duplicates. The unit is capable of
being powered from a wall outlet or from a data or network connection.
This definition is intended to cover products that are marketed as fax
machines.
(4) Mailing machine--A commercially available imaging product that
serves to print postage onto mail pieces. The unit is capable of being
powered from a wall outlet or from a data or network connection. This
definition is intended to cover products that are marketed as mailing
machines.
(5) Multifunction device (MFD)--A commercially available imaging
product, which is a physically integrated device or a combination of
functionally integrated components, that performs two or more of the
core functions of copying, printing, scanning, or faxing. The copy
functionality as addressed in this definition is considered to be
distinct from single-sheet convenience copying offered by fax machines.
The unit is capable of being powered from a wall outlet or from a data
or network connection. This definition is intended to cover products
that are marketed as MFDs or multifunction products.
(6) Printer--A commercially available imaging product that serves
as a hard-copy output device and is capable of receiving information
from single-user or networked computers, or other input devices (e.g.,
digital cameras). The unit is capable of being powered from a wall
outlet or from a data or network connection. This definition is
intended to cover products that are marketed as printers, including
printers that can be upgraded into MFDs in the field.
(7) Scanner--A commercially available imaging product that
functions as an electro-optical device for converting information into
electronic images that can be stored, edited, converted, or
transmitted, primarily in a personal computing environment. The unit is
capable of being powered from a wall outlet or from a data or network
connection. This definition is intended
[[Page 35862]]
to cover products that are marketed as scanners.
Integrated desktop computer means a desktop system in which the
computer and computer display function as a single unit that receives
its AC power through a single cable. Integrated desktop computers come
in one of two possible forms:
(1) A system where the computer display and computer are physically
combined into a single unit; or
(2) A system packaged as a single system where the computer display
is separate but is connected to the main chassis by a DC power cord and
both the computer and computer display are powered from a single power
supply. As a subset of desktop computers, integrated desktop computers
are typically designed to provide similar functionality as desktop
systems.
Notebook computer means a computer designed specifically for
portability and to be operated for extended periods of time either with
or without a direct connection to an AC power source. Notebooks must
utilize an integrated computer display and be capable of operation off
of an integrated battery or other portable power source. In addition,
most notebooks use an external power supply and have an integrated
keyboard and pointing device. Notebook computers are typically designed
to provide similar functionality to desktops, including operation of
software similar in functionality to that used in desktops. Docking
stations are considered accessories for notebook computers, not
notebook computers. Tablet PCs, which may use touch-sensitive screens
along with, or instead of, other input devices, are considered notebook
computers.
Personal computer product means a computer, computer display,
desktop computer, integrated desktop computer, or notebook computer.
Television, or TV, means a commercially available electronic
product designed primarily for the reception and display of audiovisual
signals received from terrestrial, cable, satellite, Internet Protocol
TV (IPTV), or other digital or analog sources. A TV consists of a
tuner/receiver and a display encased in a single enclosure. The product
usually relies upon a cathode-ray tube (CRT), liquid crystal display
(LCD), plasma display, or other display technology. Televisions with
computer capability (e.g., computer input port) may be considered to be
a TV as long as they are marketed and sold to consumers primarily as
televisions.
0
8. Revise section 23.704 to read as follows:
23.704 Electronic product environmental assessment tool.
(a)(1) General. As required by E.O.s 13423 and 13514, agencies
shall acquire Electronic Product Environmental Assessment Tool
(EPEAT[supreg])-registered electronic products, unless--
(i) There is no EPEAT[supreg] standard for such products; or
(ii) The agency head, in accordance with agency procedures,
determines that--
(A) No EPEAT[supreg]-registered product meets agency requirements;
or
(B) The EPEAT[supreg]-registered product will not be cost effective
over the life of the product.
(2) This subpart applies to acquisitions of electronic products to
be used in the United States, unless otherwise provided by agency
procedures. When acquiring electronic products to be used outside the
United States, agencies must use their best efforts to comply with this
subpart.
(b) Personal computer products, imaging equipment, and televisions.
These are categories of EPEAT[supreg]-registered electronic products.
(1) The IEEE 1680.1TM-2009 Standard for the
Environmental Assessment of Personal Computer Products, the IEEE
1680.2TM-2012 Standard for the Environmental Assessment of
Imaging Equipment, and the IEEE 1680.3TM-2012 Standard for
the Environmental Assessment of Televisions--
(i) Were issued by the Institute of Electrical and Electronics
Engineers, Inc., on March 5, 2010; October 19, 2012, and October 19,
2012, respectively;
(ii) Are voluntary consensus standards consistent with section
12(d) of Pub. L. 104-113 (15 U.S.C. 272 note), the ``National
Technology Transfer and Advancement Act of 1995,'' (see 11.102);
(iii) Meets EPA-issued guidance on environmentally preferable
products and services; and
(iv) Are described in more detail at www.epa.gov/epeat.
(2) A list of EPEAT[supreg] product categories and EPEAT[supreg]-
registered electronic products that are in conformance with these
standards can be found at www.epa.gov/epeat.
(3) EPEAT[supreg] electronic products are designated ``bronze-,''
``silver-,'' or ``gold-'' registered.
(4) Agencies shall, at a minimum, acquire EPEAT[supreg] bronze-
registered products.
(5) Agencies are encouraged to acquire EPEAT[supreg] silver- or
gold-registered products.
0
9. Amend section 23.705 by redesignating paragraph (b) as paragraph
(d), and adding new paragraphs (b) and (c), and revising the newly
redesignated paragraph (d) to read as follows:
23.705 Contract clauses.
* * * * *
(b)(1) Unless an exception applies in accordance with 23.704(a),
insert the clause at 52.223-13, Acquisition of EPEAT[supreg]-Registered
Imaging Equipment, in all solicitations and contracts when imaging
equipment (copiers, digital duplicators, facsimile machines, mailing
machines, multifunction devices, printers, and scanners) will be--
(i) Delivered;
(ii) Acquired by the contractor for use in performing services at a
Federally controlled facility; or
(iii) Furnished by the contractor for use by the Government.
(2) Agencies may use the clause with its Alternate I when there are
sufficient EPEAT[supreg] silver- or gold-registered products available
to meet agency needs.
(c)(1) Unless an exception applies in accordance with 23.704(a),
insert the clause at 52.223-14, Acquisition of EPEAT[supreg]-Registered
Televisions, in all solicitations and contracts when televisions will
be--
(i) Delivered;
(ii) Acquired by the contractor for use in performing services at a
Federally controlled facility; or
(iii) Furnished by the contractor for use by the Government.
(2) Agencies may use the clause with its Alternate I when there are
sufficient EPEAT[supreg] silver- or gold-registered products available
to meet agency needs.
(d)(1) Unless an exception applies in accordance with 23.704(a),
insert the clause at 52.223-16, Acquisition of EPEAT[supreg]-Registered
Personal Computer Products, in all solicitations and contracts when
personal computer products will be--
(i) Delivered;
(ii) Acquired by the contractor for use in performing services at a
Federally controlled facility; or
(iii) Furnished by the contractor for use by the Government.
(2) Agencies may use the clause with its Alternate I when there are
sufficient EPEAT[supreg] silver- or gold-registered products available
to meet agency needs.
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
39.101 [Amended]
0
10. Amend section 39.101 by removing from paragraph (b)(1)(ii)
``(EPEAT[supreg])'' and adding ``(EPEAT)'' in its place.
[[Page 35863]]
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
11. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraphs (b)(38) through (54) as paragraphs (b)(40)
through (56);
0
c. Adding new paragraphs (b)(38) and (39); and
0
d. Revising the newly redesignated paragraph (b)(41).
The revised and added text reads 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 (Jun 2014)
* * * * *
(b) * * *
----(38)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered
Imaging Equipment (Jun 2014)+(E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-13.
----(39)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered
Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
* * * * *
----(41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered
Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
* * * * *
0
12. Add sections 52.223-13 and 52.223-14 to read as follows:
52.223-13 Acquisition of EPEAT[supreg]-Registered Imaging Equipment.
As prescribed in 23.705(b)(1), insert the following clause:
Acquisition of Epeat[supreg]-Registered Imaging Equipment (Jun 2014)
(a) Definitions. As used in this clause--
Imaging equipment means the following products:
(1) Copier--A commercially available imaging product with a sole
function of the production of hard copy duplicates from graphic hard-
copy originals. The unit is capable of being powered from a wall outlet
or from a data or network connection. This definition is intended to
cover products that are marketed as copiers or upgradeable digital
copiers (UDCs).
(2) Digital duplicator--A commercially available imaging product
that is sold in the market as a fully automated duplicator system
through the method of stencil duplicating with digital reproduction
functionality. The unit is capable of being powered from a wall outlet
or from a data or network connection. This definition is intended to
cover products that are marketed as digital duplicators.
(3) Facsimile machine (fax machine)--A commercially available
imaging product whose primary functions are scanning hard-copy
originals for electronic transmission to remote units and receiving
similar electronic transmissions to produce hard-copy output.
Electronic transmission is primarily over a public telephone system but
also may be via computer network or the Internet. The product also may
be capable of producing hard copy duplicates. The unit is capable of
being powered from a wall outlet or from a data or network connection.
This definition is intended to cover products that are marketed as fax
machines.
(4) Mailing machine--A commercially available imaging product that
serves to print postage onto mail pieces. The unit is capable of being
powered from a wall outlet or from a data or network connection. This
definition is intended to cover products that are marketed as mailing
machines.
(5) Multifunction device (MFD)--A commercially available imaging
product, which is a physically integrated device or a combination of
functionally integrated components, that performs two or more of the
core functions of copying, printing, scanning, or faxing. The copy
functionality as addressed in this definition is considered to be
distinct from single-sheet convenience copying offered by fax machines.
The unit is capable of being powered from a wall outlet or from a data
or network connection. This definition is intended to cover products
that are marketed as MFDs or multifunction products.
(6) Printer--A commercially available imaging product that serves
as a hard-copy output device and is capable of receiving information
from single-user or networked computers, or other input devices (e.g.,
digital cameras). The unit is capable of being powered from a wall
outlet or from a data or network connection. This definition is
intended to cover products that are marketed as printers, including
printers that can be upgraded into MFDs in the field.
(7) Scanner--A commercially available imaging product that
functions as an electro-optical device for converting information into
electronic images that can be stored, edited, converted, or
transmitted, primarily in a personal computing environment. The unit is
capable of being powered from a wall outlet or from a data or network
connection. This definition is intended to cover products that are
marketed as scanners.
(b) Under this contract, the Contractor shall deliver, furnish for
Government use, or furnish for Contractor use at a Federally controlled
facility, only imaging equipment that, at the time of submission of
proposals and at the time of award, was EPEAT[supreg] bronze-registered
or higher.
(c) For information about EPEAT[supreg], see www.epa.gov/epeat.
(End of clause)
Alternate I (Jun 2014). As prescribed in 23.705(b)(2), substitute
the following paragraph (b) for paragraph (b) of the basic clause:
(b) Under this contract, the Contractor shall deliver, furnish for
Government use, or furnish for contractor use at a Federally controlled
facility, only imaging equipment that, at the time of submission of
proposals and at the time of award, was EPEAT silver-registered or
gold-registered.
52.223-14 Acquisition of EPEAT[supreg]-Registered Televisions.
As prescribed in 23.705(c)(1), insert the following clause:
Acquisition of Epeat[supreg]-Registered Televisions (Jun 2014)
(a) Definitions. As used in this clause--
Television or TV means a commercially available electronic product
designed primarily for the reception and display of audiovisual signals
received from terrestrial, cable, satellite, Internet Protocol TV
(IPTV), or other digital or analog sources. A TV consists of a tuner/
receiver and a display encased in a single enclosure. The product
usually relies upon a cathode-ray tube (CRT), liquid crystal display
(LCD), plasma display, or other display technology. Televisions with
computer capability (e.g., computer input port) may be considered to be
a TV as long as they are marketed and sold to consumers primarily as
televisions.
(b) Under this contract, the Contractor shall deliver, furnish for
Government use, or furnish for Contractor use at a Federally controlled
facility, only televisions that, at the time of submission of proposals
and at the time of award, were EPEAT[supreg] bronze-registered or
higher.
(c) For information about EPEAT[supreg], see www.epa.gov/epeat.
(End of clause)
[[Page 35864]]
Alternate I (Jun 2014). As prescribed in 23.705(c)(2), substitute
the following paragraph (b) for paragraph (b) of the basic clause:
(b) Under this contract, the Contractor shall deliver, furnish for
Government use, or furnish for Contractor use at a Federally controlled
facility, only televisions that, at the time of submission of proposals
and at the time of award, were EPEAT[supreg] silver-registered or gold-
registered.
0
13. Revise section 52.223-16 to reads as follows:
52.223-16 Acquisition of EPEAT-Registered Personal Computer Products.
As prescribed in 23.705(d)(1), insert the following clause:
Acquisition of Epeat[supreg]-Registered Personal Computer Products (Jun
2014)
(a) Definitions. As used in this clause--
Computer means a device that performs logical operations and
processes data. Computers are composed of, at a minimum:
(1) A central processing unit (CPU) to perform operations;
(2) User input devices such as a keyboard, mouse, digitizer, or
game controller; and
(3) A computer display screen to output information. Computers
include both stationary and portable units, including desktop
computers, integrated desktop computers, notebook computers, thin
clients, and workstations. Although computers must be capable of using
input devices and computer displays, as noted in (2) and (3) above,
computer systems do not need to include these devices on shipment to
meet this definition. This definition does not include server
computers, gaming consoles, mobile telephones, portable hand-held
calculators, portable digital assistants (PDAs), MP3 players, or any
other mobile computing device with displays less than 4 inches,
measured diagonally.
Computer display means a display screen and its associated
electronics encased in a single housing or within the computer housing
(e.g., notebook or integrated desktop computer) that is capable of
displaying output information from a computer via one or more inputs
such as a VGA, DVI, USB, DisplayPort, and/or IEEE 1394-
2008TM, Standard for High Performance Serial Bus. Examples
of computer display technologies are the cathode-ray tube (CRT) and
liquid crystal display (LCD).
Desktop computer means a computer where the main unit is intended
to be located in a permanent location, often on a desk or on the floor.
Desktops are not designed for portability and utilize an external
computer display, keyboard, and mouse. Desktops are designed for a
broad range of home and office applications.
Integrated desktop computer means a desktop system in which the
computer and computer display function as a single unit that receives
its AC power through a single cable. Integrated desktop computers come
in one of two possible forms:
(1) A system where the computer display and computer are physically
combined into a single unit; or
(2) A system packaged as a single system where the computer display
is separate but is connected to the main chassis by a DC power cord and
both the computer and computer display are powered from a single power
supply. As a subset of desktop computers, integrated desktop computers
are typically designed to provide similar functionality as desktop
systems.
Notebook computer means a computer designed specifically for
portability and to be operated for extended periods of time either with
or without a direct connection to an AC power source. Notebooks must
utilize an integrated computer display and be capable of operation off
of an integrated battery or other portable power source. In addition,
most notebooks use an external power supply and have an integrated
keyboard and pointing device. Notebook computers are typically designed
to provide similar functionality to desktops, including operation of
software similar in functionality to that used in desktops. Docking
stations are considered accessories for notebook computers, not
notebook computers. Tablet PCs, which may use touch-sensitive screens
along with, or instead of, other input devices, are considered notebook
computers.
Personal computer product means a computer, computer display,
desktop computer, integrated desktop computer, or notebook computer.
(b) Under this contract, the Contractor shall deliver, furnish for
Government use, or furnish for Contractor use at a Federally controlled
facility, only personal computer products that, at the time of
submission of proposals and at the time of award, were EPEAT[supreg]
bronze-registered or higher.
(c) For information about EPEAT, see www.epa.gov/epeat.
(End of clause)
Alternate I (Jun 2014). As prescribed in 23.705(d)(2), substitute
the following paragraph (b) for paragraph (b) of the basic clause:
(b) Under this contract, the Contractor shall deliver, furnish for
Government use, or furnish for Contractor use at a Federally controlled
facility, only personal computer products that, at the time of
submission of proposals and at the time of award, were EPEAT[supreg]
silver-registered or gold-registered.
[FR Doc. 2014-14376 Filed 6-23-14; 8:45 am]
BILLING CODE 6820-EP-P
