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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: September 2, 2003

SUBJECT: General Services Administration Acquisition Regulation (GSAR) Change 6; Identification of Products That Have Environmental Attributes

SOURCE: Federal Register, September 2, 2003, Vol. 68, No. 169, page 52127

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Final Rule

SYNOPSIS: GSA is revising GSAR 552.238-72, Identification of Products That Have Environmental Attributes (formerly "Identification of Energy-Efficient Office Equipment and Supplies Containing Recovered Materials or Other Environmental Attributes"), to be consistent with the Federal Acquisition Regulation (FAR); Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition; and Executive Order 13123, Greening the Government Through Efficient Energy Management.

EDITOR'S NOTE: The GSAR is the shaded part of the GSA Acquisition Manual, which is available on the Internet at http://www.acqnet.gov/GSAM/gsam.html.

For more on the proposed rule, see the July 18, 2000, FEDERAL CONTRACTS DISPATCH "General Services Administration Acquisition Regulation (GSAR); Identification of Energy-Efficient Office Equipment and Supplies Containing Recovered Materials or Other Environmental Attributes."

For more on the FAR implementation of Executive Order 13101, see the June 6, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-18, Miscellaneous Amendments," specifically Item (3).

For more on the FAR implementation of Executive Order 13123, see the December 18, 2001, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-02, Miscellaneous Amendments," specifically Item (2).

EFFECTIVE DATE: September 2, 2003.

FOR FURTHER INFORMATION CONTACT: Laura Auletta, GSA Acquisition Policy Division, 202-08-7279. Cite "GSAR Case 2002-G506" when referring to this final rule.

SUPPLEMENTAL INFORMATION: On June 3, 1999, President Clinton issued EO 13123, Greening the Government Through Efficient Energy Management, to promote the acquisition of energy efficient products and services. It requires the government to significantly improving its energy management to save funds and to reduce emissions that contribute to air pollution and global climate change. It requires federal agencies to acquire Energy Star(R) labeled products, or products in the upper 25% of energy efficiency as designated by the Federal Energy Management Program if Energy Star(R) products are not available.

On July 18, 2000, GSA published a proposed rule to revise GSAR 552.238-72, which is required to be included in Federal Supply Schedule solicitations and contracts, to update the definition of energy-efficient products and to be consistent with Executive Order 13123 and FAR Subpart 23.2, Energy and Water Efficiency and Renewable Energy. The primary change would be the replacement of "energy-efficient office equipment" with the following definition for "energy-efficient product": "a product that is either ENERGY STAR(R) labeled or its energy consumption measures in the upper 25 percent of efficiency within its comparable class of products as designated by the Department of Energy Federal Energy Management Program (FEMP). (See Executive Order 13123)."

One respondent submitted comments in response to the proposed rule, and GSA has decided to clarify the definition for "energy-efficient product" as follows: "A product that: (1) meets Department of Energy and Environmental Protection Agency criteria for use of the ENERGY STAR(R) trademark label; or (2) is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program."

Also, the clause is revised to clarify the implementation of Executive Order 13101, which is intended to improve the federal government's use of recycled products and environmentally preferable products and services. The final version of GSAR 552.238-72 separates these products from the umbrella category of products containing recovered materials with the addition of the following definitions:

In addition, the revised clause includes a new paragraph (c)(1) which requires offerors to identify products that:

"(i) Are compliant with the recovered and post-consumer material content levels recommended in the Recovered Materials Advisory Notices (RMANs) for EPA-designated products in the CPG program (http://www.epa.gov/cpg/);
"(ii) Contain recovered materials that either do not meet the recommended levels in the RMANs or are not EPA-designated products in the CPG program (see FAR 23.401 [Definition] and http://www.epa.gov/cpg/);
"(iii) Are energy-efficient, as defined by either ENERGY STAR(R) and/or FEMP's designated top 25th percentile levels (see ENERGY STAR(R) at http://www.energystar.gov/ and FEMP at http://www.eere.energy.gov/femp/procurement/;
"(iv) Are water-efficient;
"(v) Use renewable energy technology;
"(vi) Are remanufactured; and
"(vii) Have other environmental attributes."

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

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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