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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: October 1, 2001

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Use of Recovered Materials

SOURCE: Federal Register, October 1, 2001, Vol. 66, No. 190, page 49864

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is amending DFARS Subpart 223.4, Use of Recovered Materials, to remove approval requirements pertaining to the acquisition of items that do not meet Environmental Protection Agency (EPA) minimum recovered material standards. The DFARS requirements are no longer necessary because Federal Acquisition Circular (FAC) 97-18 removed the written determination requirement from the FAR, making the corresponding levels of approval unnecessary.

EDITOR'S NOTE: For more on FAC 97-18, see the June 6, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-18, Miscellaneous Amendments."

EFFECTIVE DATE: October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Sandra Haberlin, Defense Acquisition Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0289; fax: 703-602-0350. Cite DFARS case 2001-D005.

SUPPLEMENTAL INFORMATION: One of the changes made by FAC 97-18 was the rewrite and reorganization of FAR Subpart 23.4, Use of Recovered Materials. The requirement to obtain a written determination before awarding a contract for an EPA designated item that does not meet the EPA minimum recovered material standards was removed from the rewritten FAR Subpart 23.4. Therefore, the identification of designated approving officials for the written determination is unnecessary, so DFARS 223.404, Procedures, is removed, except that paragraph (b)(4) is retained and redesignated as a new DFARS 223.405, Procedures, because the corresponding text in old FAR 23.404(b)(4) was redesignated as paragraph (d) of FAR 23.405, Procedures. The new DFARS 223.405(d) requires agencies to "collect information submitted in accordance with the clause at FAR 52.223-9 [Estimate of Percentage of Recovered Material Content for EPA-Designated Products] for reporting to the Office of the Deputy Under Secretary of Defense (Environmental Security)."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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