Federal Acquisition Regulation; Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation, 83092-83097 [2016-27686]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 83092-83097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27686]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 4, 23, and 52

[FAC 2005-92; FAR Case 2015-024; Item I; Docket No. 2015-0024, Sequence 
No. 1]
RIN 9000-AM90


Federal Acquisition Regulation; Public Disclosure of Greenhouse 
Gas Emissions and Reduction Goals--Representation

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA),

[[Page 83093]]

and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to establish a representation for 
offerors to indicate if and where they publicly disclose greenhouse gas 
emissions and greenhouse gas reduction goals or targets.

DATES: Effective: December 19, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst, 
at 703-795-6328 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2005-92, FAR Case 
2015-024.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 81 FR 33192 on May 25, 2016, containing a new FAR provision 
that will enable the Federal Government to better understand the 
greenhouse gas management practices of its industry partners. In 
accordance with the provision, offerors seeking to do business with the 
Federal Government that are registered in the System for Award 
Management (SAM) database and received $7.5 million or more in contract 
awards during the prior Federal fiscal year are required to represent 
whether or not they publicly disclose their greenhouse gas emissions 
and their greenhouse gas emissions reduction goals. This representation 
is voluntary for offerors that received less than $7.5 million during 
the prior fiscal year.
    The information obtained from these representations will assist 
agencies in developing strategies to engage with offerors to reduce 
supply chain emissions, as directed in the Executive Order (E.O.) 
13693, Planning for Federal Sustainability in the Next Decade. 
Seventeen respondents submitted comments on the proposed rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the public comments in the 
development of the final rule. A discussion of the comments and the 
changes made to the rule as a result of those comments are provided as 
follows:

A. Summary of Significant Changes

    At FAR 52.212-3, Offeror Representations and Certifications--
Commercial Items, the representation at (t)(2)(i) has been revised to 
clarify that the Greenhouse Gas Protocol Corporate Standard is an 
example of a greenhouse gas accounting standard, and that the emissions 
reduction goals are to be made accessible on a publicly accessible Web 
site.
    At FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and 
Reduction Goals--Representation, paragraph (b)(1) has been revised to 
clarify that the Greenhouse Gas Protocol Corporate Standard is intended 
to serve as an example of a greenhouse gas accounting standard. In 
paragraph (b)(2) of the same provision, language has been added to 
clarify that to disclose emissions reduction goals means to make such 
goals available on a publicly accessible website.

B. Analysis of Public Comments

1. Support for the Rule
    Comment: Most respondents expressed their support for the rule.
    Response: The Councils appreciate and note the numerous comments 
supporting this rule.
2. Legal Authority for the Rule
    Comment: One respondent believed that the rule is not supported by 
adequate legal authority, noting that the statement ``the rule is not 
based in statute . . .'' appeared in the preamble of the Federal 
Register notice. This respondent further stated that the rule must be 
based on a grant or rulemaking authority from Congress, and they 
believed in this instance there is no adequate nexus between the rule 
and any rulemaking authority granted by Congress.
    Response: The authority for this rule is E.O. 13693. The language 
in question was in relation to 41 U.S.C. 1905, 1906, and 1907, which 
require a listing of provisions of law that are inapplicable to 
acquisitions under the simplified acquisition threshold (SAT), or for 
commercial items including commercially available off-the-shelf (COTS) 
items.
    Statutory rulemaking authority for the FAR is listed in FAR rules 
as 40 U.S.C. 121(c), 10 U.S.C. chapter 137, and 51 U.S.C. 20113.
3. Concerns Regarding the Need for Public Disclosure and Public Access 
to Companies' Greenhouse Gas Emissions Inventory
    The concerns expressed by respondents in this area generally fell 
into four categories: (A) General concerns regarding the clarity of the 
rule; (B) The use of equivalents to the Greenhouse Gas Corporate 
Protocol Standard; (C) Reporting requirements for offeror's parent 
company or for companies that are not the owner of facility; and (D) 
Concerns regarding the proposed reporting thresholds.
(A) General Concerns Regarding the Clarity of the Rule
    Comment: Several respondents stated that the rule was unclear 
regarding its breadth and utility. One respondent commented that such 
disclosures on a publicly accessible website may compromise trade 
secrets or be the impetus for an overwhelming number of bid protests 
and unacceptable delays. Another respondent expressed concern that the 
Government would capture and use unreliable data generated and reported 
by a third-party. Others raised concerns regarding the utility to the 
rule without an industry-by-industry analysis, citing the analytical 
methodology employed by the Environmental Protection Agency (EPA). Two 
respondents remarked that the rule was unclear regarding the meaning of 
the phrase ``available on a publicly accessible Web site.''
    Response: This rule does not require offerors to disclose 
greenhouse gas emissions and/or goals; rather, it requires offerors 
seeking to do business with the Federal Government to represent whether 
or not they do make such disclosures, and if so, provide the publicly 
accessible website. As such, the rule will not lead to the inadvertent 
disclosure of trade secrets by an offeror.
    With regard to the reliability of the data obtained, the 
representation relates only to information made available by the 
offeror, regardless of where the information is hosted. Since an 
offeror that responds affirmatively to the representation is also 
required to provide the website address, the Government will only be 
directed to the offeror's publicly accessible information.
    This rule does not regulate industry, which is why the analytical 
techniques employed by the EPA were not used. The purpose of the rule 
is to obtain a better understanding of Federal supply chain greenhouse 
gas emissions. Utilizing existing public information significantly 
reduces the burden on potential offerors while providing useful 
strategic information and encouraging transparency.
    Finally, the plain meaning of the phrase ``available on a publicly 
accessible Web site'' is that the information must be accessible to the 
general public.

[[Page 83094]]

(B) Equivalents to the Greenhouse Gas Corporate Protocol Standard
    Comment: Many respondents requested that the language, ``via a 
recognized, third-party greenhouse gas emissions reporting program'' be 
updated with language identifying specific reporting programs or 
additional standards.
    Response: In order for the Federal Government to gain insight into 
its supplier actions, the regulation does not use language that will 
limit its awareness of greenhouse gas (GHG) management practices; 
however, the reference to ``recognized'' standards has been updated in 
the final rule to ``accounting standards with publicly available and 
consistently applied criteria'' in order to provide clarity to 
respondents while allowing insight into any accounting methods used. 
The standard was intentionally left open, so as not to require any 
specific accounting or reporting methodology.
    To further clarify this intent, the language in the final rule has 
been amended to state that the Greenhouse Gas Protocol Corporate 
Standard is intended to serve as an example of greenhouse gas 
accounting standard, rather than the only acceptable standard.
(C) Reporting Requirements for Offerors' Parent Company or for 
Companies That Are Not the Owner of the Facility
    Comment: Many respondents sought clarification as to an offeror's 
obligation to report on the greenhouse gas emissions management 
practices of its parent or controlling entity or when it is not the 
owner of the facility.
    Response: The rule does not obligate offerors to report on the 
emissions of their parent companies or the emissions management 
practices of a facility that they do not own.
(D) Concerns Regarding the Proposed Reporting Thresholds
    Comment: Although there was support for the $7.5 million threshold, 
recognizing that it extends to a variety of companies with regard to 
type, size, and location, a few comments suggested that the $7.5 
million threshold was not the best definitive characterization for 
reporting. Alternative reporting delineations proposed were an annual 
facility emission of 25,000 tons or more of CO2 or 
identification by North American Industry Classification System (NAICS) 
codes to eliminate small businesses and non-greenhouse gas emitting 
industries.
    Response: In order to gain insight into its supplier actions, the 
Government does not want to limit its awareness of greenhouse gas 
management practices by limiting the information to specific emissions 
thresholds (such as 25,000 tons of CO2) or NAICS codes. In 
particular, the use of NAICS codes in this context may impose 
artificial limitations; when registering in the SAM, offerors select 
their primary NAICS code, even though they can and do work in other 
areas.
4. Nitrogen Trifluoride Should Not Be Identified in the FAR as a 
Greenhouse Gas
    Comment: One respondent remarked that the proposal to include 
nitrogen trifluoride in the definition for greenhouse gases at FAR 
23.001 should be withdrawn since, unlike the other six greenhouse gases 
already listed in the FAR, nitrogen trifluoride is not directly emitted 
(the direct result of human activity) and therefore cannot be 
identified and quantified for reporting purposes.
    Response: Section 19 of E.O. 13693 identifies nitrogen trifluoride 
as a greenhouse gas, and for this reason the definition for greenhouse 
gas at FAR 23.001 includes nitrogen trifluoride.
5. Rule is Vague Regarding Requirements for Disclosure of Emissions 
Reduction Goals
    Comment: Some respondents stated that the requirements for 
greenhouse gas emissions reduction goals were not sufficiently 
stringent or specific. Many respondents were concerned that the 
information obtained from the inventory would be of little use to 
agencies and could negatively impact any polices developed.
    Response: The intent of this rule is not to require greenhouse gas 
emissions reduction goals, but to gather information regarding whether 
or not such information is disclosed. To that end, further guidance has 
been added in the final rule to clarify that to disclose emissions 
reduction goals means to make such goals available on a publicly 
accessible website.
    Although the concerns regarding the usefulness of the inventory 
information are noted, the information gathered will be considered with 
a variety of other factors.
6. The Rule Is Unclear Whether the Information Obtained From the 
Representations Would Be Used in Individual Procurements
    Comment: Several respondents indicated that the purpose and benefit 
of the rule is obscure. A number of these respondents expressed concern 
that the representations set forth in the rule would place a company 
that did not disclose its emissions inventory information at a 
significant competitive disadvantage in comparison with companies that 
did disclose during source selection.
    Response: The rule does not establish evaluation criteria to be 
used in a source selection decision.
7. The Rule Requires Reporting of Information Already Reported to Other 
Agencies, Such as the EPA
    Comment: A few respondents stated that certain large facilities and 
companies already provided greenhouse gas emission information to the 
EPA and therefore the new reporting in SAM would be redundant.
    Response: The representations required by the rule indicate if and 
where offerors publicly disclose greenhouse gas emissions and 
greenhouse gas reduction goals rather than specific emission 
information reported to EPA.
8. The Rule Needs To Specify the Scope of Emissions Being Represented
    Comment: Several respondents commented that the rule should specify 
the scope of greenhouse gas emissions in order to make the disclosure 
meaningful.
    Response: Understanding the source of emissions, (i.e., whether it 
is a scope 1, 2, or 3 emission) is an important consideration within 
the broader context of achieving greenhouse gas emission reductions. 
However, the purpose of the rule is to obtain information regarding 
whether offerors are publicly disclosing their greenhouse gas 
emissions. Specifying that the disclosure must include the scope of the 
greenhouse gas emission would limit the ability of the Government to 
gather information on all types of reporting practices.
9. The Rule Should Not Exclude Commercial Item or COTS Item Vendors 
From the Disclosure Requirements
    Comment: One respondent remarked that if sellers of commercial 
items and COTS items are exempted from the rule's disclosure 
requirements, the rule's benefits would be sub-optimal.
    Response: The rule does not provide an exemption for commercial 
items and COTS items. All offerors that meet or exceed the rule's 
threshold are required to provide the representation.
10. Out of Scope
    Comment: Several respondents submitted comments encouraging the 
Councils to take a more proactive approach to the rule. These 
respondents

[[Page 83095]]

suggested various ways to strengthen the rule, such as--
     Requiring Government agencies to take vendor emission 
disclosures and emission reduction goals into consideration during 
source selection;
     Requiring vendors to disclose emissions information and 
emissions reduction goals, as opposed to indicating ``whether or not'' 
they disclose;
     Adding an option to have vendors identify ``serious'' or 
``substantial'' reduction goals, noting that a 40 percent reduction 
from the 2008 greenhouse gas baseline was mentioned in E.O. 13693;
     Another respondent observed that the greenhouse gas 
problem should not be attributed to the companies that sell greenhouse 
gas-emitting products (such as fuels), but rather, the users that 
consume these products. This respondent suggested that the Government 
pursue a revenue neutral course of action.
    Response: The Councils note and appreciate the suggestions offered 
by these respondents; however, they are beyond the scope of the rule. 
The rule is intended to be a low-burden, minimally intrusive effort to 
report data in SAM that the Council on Environmental Quality will use 
to develop an annual inventory, thus allowing for greater insight into 
the greenhouse gas management practices of the Federal supplier base.
11. Rationale for the Removal of Paragraphs (a) Through (g) at FAR 
23.000
    Comment: One respondent did not understand the reasoning behind the 
removal of FAR paragraphs 23.000(a) through (g), as these paragraphs 
provided the means by which acquisitions based on ``improving the 
quality of the environment . . .'' and their removal would lead to 
subjective agency decisions.
    Response: FAR 23.000 is an overview of the acquisitions policies 
and procedures found in part 23. The rule amends the FAR to remove 
information that is discussed in greater detail in other areas of part 
23; however, the scope for the FAR part remains.
12. Consideration of Climate Change Risk
    Note: The preamble of the Federal Register for the proposed rule 
solicited public feedback regarding means and methods to enable 
agencies to evaluate climate change risks and vulnerabilities. One of 
the approaches put forth in the preamble was the inclusion of a new 
representation that would allow offerors to indicate whether or not 
they assess the risks imposed by extreme weather conditions and other 
climate change effects, including the physical impacts of such risks. 
It was also suggested that offerors should represent if they do or do 
not discuss climate change risk in their filings with the Securities 
and Exchange Commission. The comments received in response to climate 
change risk assessment are summarized as follows:
    Comment: Several respondents recommended including disclosure of 
vendor climate risk analyses in addition to information about 
greenhouse gas inventories. One respondent expressed the viewpoint that 
the preferred location for such disclosure was the Securities and 
Exchange Commission filing. However, one respondent believed that the 
``does/does not'' model will not provide sufficient insight.
    Response: The Councils extend their appreciation for the input 
provided by the public regarding climate change risk assessment. It 
will be critical to understand climate change risks moving forward.

C. Other Changes

    A number of conforming changes were made to the final rule, due to 
changes made in the FAR text since the publication of the proposed 
rule.

III. Applicability to Acquisitions at or Below the Simplified 
Acquisition Threshold, Commercial Items, and Commercially Available 
Off-the-Shelf Items

    This rule establishes a new provision at FAR 52.223-22, Public 
Disclosure of Greenhouse Gas Emissions and Reductions Goals--
Representation, and establishes its commercial item equivalent at FAR 
52.212-3, Offeror Representations and Certifications--Commercial Items. 
The new provision requires offerors that received $7.5 million or more 
in contracts from the Federal Government during the prior Federal 
fiscal year, to represent whether or not they publicly disclose their 
greenhouse gas emissions and whether or not they publicly disclose a 
quantitative greenhouse gas emissions reduction goal. This information 
will be used by the Federal Government to assess the scope of 
greenhouse gas management undertaken by companies seeking to do 
business with the Federal Government. Application of the provision in 
solicitations and contracts at or below the SAT and to the acquisition 
of commercial items, including COTS items, is necessary in order to 
comply with E.O. 13693. If the requirements of the provision(s) are not 
made applicable to acquisitions below the SAT, or to acquisitions for 
commercial items or COTS items, the Government will be unable to obtain 
valuable information from a large segment of its supplier base, which 
in turn will undermine the overarching purpose of the rule.
    41 U.S.C. 1905 through 1907 make certain provisions of law 
inapplicable to solicitations and contracts at or below the SAT and to 
the acquisition of commercial items, including COTS items, unless the 
FAR Council/Administrator for Federal Procurement Policy determine that 
such exemption from the statute(s) would not be in the best interest of 
the Government. However, 41 U.S.C. 1905 through 1907 are only 
applicable to statutory provisions, not Executive Orders.

IV. 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.

V. Regulatory Flexibility Act

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. The FRFA is summarized as follows:

    As stated in E.O. 13693, Federal agencies shall increase their 
efficiency and improve their environmental performance, including 
the reduction of greenhouse gas emissions across Federal operations 
and the Federal supply chain. In keeping with this policy, the 
objective of the rule is to obtain information from offerors that 
will assist agencies in developing strategies to reduce supply chain 
greenhouse emissions.
    Specifically, the rule amends the Federal Acquisition Regulation 
to create a new provision in which offerors that received $7.5 
million in contract awards during the previous Federal fiscal year 
(FY) are required to represent whether or not they publicly disclose 
their greenhouse gas emissions and their greenhouse gas emissions 
reduction goal. We anticipate this rule will apply to approximately 
2,700 small entities, based on an analysis of FY 2015 Federal Data 
Procurement Data (FPDS).

[[Page 83096]]

    There were no significant issues raised by the public comments 
in response to the initial regulatory flexibility analysis. The 
reporting requirements for the rule are considered to be minimal, 
and there is no recordkeeping associated with the disclosure 
representation. The economic impact of the rule is minimized by the 
fact that only offerors that received Federal awards in excess of 
$7.5 million in the previous Federal fiscal year are required to 
make this representation.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat Division. The Regulatory Secretariat Division 
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of 
the Small Business Administration.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. The 
rule contains information collection requirements. OMB has cleared this 
information collection requirement under OMB Control Number 9000-0194, 
titled: Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals--Representation, in the amount of 1,375 burden hours.

List of Subjects in 48 CFR Parts 1, 4, 23, and 52

    Government procurement.

    Dated: November 10, 2016.
William F. Clark,
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 1, 4, 23, and 52 
as set forth below:

0
1. The authority citation for 48 CFR parts 1, 4, 23, 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106   [Amended]

0
2. Amend section 1.106 in the table following the introductory text, by 
adding in numerical sequence, FAR segment ``52.223-22'' and its 
corresponding OMB control number ``9000-0194''.

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.1202 by redesignating paragraphs (a)(25) through 
(32) as paragraphs (a)(26) through (33), respectively; and adding a new 
paragraph (a)(25) to read as follows:


4.1202   Solicitation provision and contract clause.

    (a) * * *
    (25) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and 
Reduction Goals--Representation.
* * * * *

PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE


23.000   [Amended]

0
4. Amend section 23.000 by removing from the end of the introductory 
text ``and encouraging the safe operation of vehicles by--'' and adding 
``and for encouraging the safe operation of vehicles.'' in its place; 
and removing paragraphs (a) through (g).


23.001   [Amended]

0
5. Amend section 23.001 in the definition ``Greenhouse gases'' by 
removing ``perflourocarbons,'' and adding ``perflourocarbons, nitrogen 
triflouride,'' in its place.

0
6. Revise subpart 23.8 heading to read as follows:

Subpart 23.8--Ozone-Depleting Substances and Greenhouse Gases

0
7. Revise section 23.800 to read as follows:


23.800   Scope of subpart.

    This subpart--
    (a) Sets forth policies and procedures for the acquisition of items 
that--
    (1) Contain, use, or are manufactured with ozone-depleting 
substances; or
    (2) Contain or use high global warming potential 
hydrofluorocarbons; and
    (b) Addresses public disclosure of greenhouse gas emissions and 
reduction goals.

0
8. Amend section 23.802 by--
0
a. Removing from paragraph (a) ``hydrofluorocarbons; and'' and adding 
``hydrofluorocarbons;'' in its place;
0
b. Removing from paragraph (b)(2) ``hydrofluorocarbons.'' and adding 
``hydrofluorocarbons;'' in its place; and
0
c. Adding paragraphs (c) and (d).
    The additions read as follows:


23.802   Policy.

* * * * *
    (c) Lead efforts to reduce greenhouse gas emissions at the Federal 
level in accordance with Executive Order 13693 and the President's 
Climate Action Plan of June 2013; and
    (d) In order to better understand both direct and indirect 
greenhouse gas emissions that result from Federal activities, require 
offerors that are registered in the System for Award Management (SAM) 
database and received $7.5 million or more in Federal contract awards 
in the prior Federal fiscal year to--
    (1) Represent whether they publicly disclose greenhouse gas 
emissions;
    (2) Represent whether they publicly disclose a quantitative 
greenhouse gas emissions reduction goal; and
    (3) Provide the website for any such disclosures.

0
9. Amend section 23.804 by--
0
a. Revising the section heading;
0
b. Redesignating paragraphs (a)(1) through (8) as paragraphs (a)(1)(i) 
through (viii), and paragraph (a) introductory text as paragraph (a)(1) 
introductory text;
0
c. Redesignating the section introductory text as paragraph (a) 
introductory text, and removing from the newly redesignated paragraph 
(a) introductory text ``areas, insert'' and adding ``areas, the 
contracting officer shall insert'' in its place;
0
d. Redesignating paragraph (b) introductory text as paragraph (a)(2) 
introductory text, and paragraphs (b)(1) and (2) as paragraphs 
(a)(2)(i) and (ii);
0
e. Redesignating paragraph (c) introductory text as paragraph (a)(3) 
introductory text, and paragraphs (c)(1) and (2) as paragraphs 
(a)(3)(i) and (ii);
0
f. Redesignating paragraph (d) introductory text as paragraph (a)(4) 
introductory text, and paragraphs (d)(1) and (2) as paragraphs 
(a)(4)(i) and (ii); and
0
g. Adding a new paragraph (b).
    The revision and addition reads as follows:


23.804   Contract provision and clauses.

* * * * *
    (b) The provision at 52.223-22, Public Disclosure of Greenhouse Gas 
Emissions and Reduction Goals--Representation, is required only when 
52.204-7, System for Award Management, is included in the solicitation 
(see 52.204-8, Annual Representations and Certifications).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
10. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
0
b. Redesignating paragraphs (c)(1)(xviii) through (xxiii) as paragraphs 
(c)(1)(xix) through (xxiv), respectively; and
0
c. Adding new paragraph (c)(1)(xviii).
    The revision and addition reads as follows:


52.204-8  Annual Representations and Certifications.

* * * * *

[[Page 83097]]

Annual Representations and Certifications (Dec 2016)

* * * * *
    (c)(1) * * *
    (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions 
and Reduction Goals--Representation. This provision applies to 
solicitations that include the clause at 52.204-7.)
* * * * *

0
11. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory text ``Web site located at https://www.sam.gov/portal'' '' and adding ``Web site located at https://www.sam.gov/portal.'' in its place;
0
c. Removing from the introductory text of the clause and paragraph 
(b)(2) ``(c) through (s)'' and adding ``(c) through (t)'' in its place; 
and
0
d. Adding paragraph (t).
    The revision and addition reads as follows:


52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (Dec 2016)

* * * * *
    (t) Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals. Applies in all solicitations that require offerors to 
register in SAM (52.212-1(k)).
    (1) This representation shall be completed if the Offeror 
received $7.5 million or more in contract awards in the prior 
Federal fiscal year. The representation is optional if the Offeror 
received less than $7.5 million in Federal contract awards in the 
prior Federal fiscal year.
    (2) Representation. [Offeror to check applicable block(s) in 
paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through 
its immediate owner or highest-level owner) [ ] does, [ ] does not 
publicly disclose greenhouse gas emissions, i.e., makes available on 
a publicly accessible Web site the results of a greenhouse gas 
inventory, performed in accordance with an accounting standard with 
publicly available and consistently applied criteria, such as the 
Greenhouse Gas Protocol Corporate Standard.
    (ii) The Offeror (itself or through its immediate owner or 
highest-level owner) [ ] does, [ ] does not publicly disclose a 
quantitative greenhouse gas emissions reduction goal, i.e., make 
available on a publicly accessible Web site a target to reduce 
absolute emissions or emissions intensity by a specific quantity or 
percentage.
    (iii) A publicly accessible Web site includes the Offeror's own 
Web site or a recognized, third-party greenhouse gas emissions 
reporting program.
    (3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or 
(t)(2)(ii) of this provision, respectively, the Offeror shall 
provide the publicly accessible Web site(s) where greenhouse gas 
emissions and/or reduction goals are reported:_____.
* * * * *

0
12. Amend section 52.213-4 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(1)(xi) ``FAR 23.804(a))'' and adding 
``FAR 23.804(a)(1))'' in its place.
    The revision reads as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

* * * * *

Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
Items). (Dec 2016)

* * * * *


52.223-11   [Amended]

0
13. Amend section 52.223-11 by removing from the introductory text ``in 
23.804(a)'' and adding ``in 23.804(a)(1)'' in its place.


52.223-12   [Amended]

0
14. Amend section 52.223-12 by removing from the introductory text ``in 
23.804(b)'' and adding ``in 23.804(a)(2)'' in its place.


52.223-20   [Amended]

0
15. Amend section 52.223-20 by removing from the introductory text ``in 
23.804(c)'' and adding ``in 23.804(a)(3)'' in its place.


52.223-21   [Amended]

0
16. Amend section 52.223-21 by removing from the introductory paragraph 
``in 23.804(d)'' and adding ``in 23.804(a)(4)'' in its place.

0
17. Add section 52.223-22 to read as follows:


52.223-22   Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals--Representation.

    As prescribed in 23.804(b), insert the following provision:

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--
Representation (Dec 2016)

    (a) This representation shall be completed if the Offeror 
received $7.5 million or more in Federal contract awards in the 
prior Federal fiscal year. The representation is optional if the 
Offeror received less than $7.5 million in Federal contract awards 
in the prior Federal fiscal year.
    (b) Representation. [Offeror is to check applicable blocks in 
paragraphs (b)(1) and (2).]
    (1) The Offeror (itself or through its immediate owner or 
highest-level owner) [ ] does, [ ] does not publicly disclose 
greenhouse gas emissions, i.e., make available on a publicly 
accessible Web site the results of a greenhouse gas inventory, 
performed in accordance with an accounting standard with publicly 
available and consistently applied criteria, such as the Greenhouse 
Gas Protocol Corporate Standard.
    (2) The Offeror (itself or through its immediate owner or 
highest-level owner) [ ] does, [ ] does not publicly disclose a 
quantitative greenhouse gas emissions reduction goal, i.e., make 
available on a publicly available Web site a target to reduce 
absolute emissions or emissions intensity by a specific quantity or 
percentage.
    (3) A publicly accessible Web site includes the Offeror's own 
Web site or a recognized, third-party greenhouse gas emissions 
reporting program.
    (c) If the Offeror checked ``does'' in paragraphs (b)(1) or 
(b)(2) of this provision, respectively, the Offeror shall provide 
the publicly accessible Web site(s) where greenhouse gas emissions 
and/or reduction goals are reported:_____.

    (End of provision)

[FR Doc. 2016-27686 Filed 11-17-16; 8:45 am]
 BILLING CODE 6820-EP-P