[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 73215-73218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24937]
[[Page 73215]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 11, 23, 39, and 52
[FAC 2005-23; FAR Case 2006-030; Item I; Docket 2007-0001, Sequence 9]
RIN 9000-AK85
Federal Acquisition Regulation; FAR Case 2006-030, Electronic
Products Environmental Assessment Tool (EPEAT)
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to require use
of Electronic Products Environmental Assessment Tool (EPEAT) when
acquiring personal computer products such as desktops, notebooks (also
known as laptops), and monitors pursuant to the Energy Policy Act of
2005 and Executive Order 13423, ``Strengthening Federal Environmental,
Energy, and Transportation Management.''
DATES: Effective Date: December 26, 2007.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before February 25, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-23, FAR case 2006-
030, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. To
search for any document, first select under ``Step 1,'' ``Documents
with an Open Comment Period'' and select under ``Optional Step 2,''
``Federal Acquisition Regulation'' as the agency of choice. Under
``Optional Step 3,'' select ``Rules''. Under ``Optional Step 4,'' from
the drop down list, select ``Document Title'' and type the FAR case
number ``2006-030''. Click the ``Submit'' button. Please include your
name and company name (if any) inside the document. You may also search
for any document by clicking on the ``Search for Documents'' tab at the
top of the screen. Select from the agency field ``Federal Acquisition
Regulation'', and type ``2006-030'' in the ``Document Title'' field.
Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-23, FAR
case 2006-030, in all correspondence related to this case. All comments
received will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. William Clark, Procurement
Analyst, at (202) 219-1813 for clarification of content. Please cite
FAC 2005-23, FAR case 2006-030. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
On January 24, 2007, President Bush issued Executive Order 13423,
``Strengthening Federal Environmental, Energy, and Transportation
Management.'' Section 2(h) states that the head of each Agency shall
``ensure that the agency * * * when acquiring an electronic product to
meet its requirements, meets at least 95 percent of those requirements
with an Electronic Product Environmental Assessment Tool (EPEAT)-
registered electronic product, unless there is no EPEAT standard for
such product''.
EPEAT is a system to help purchasers in the public and private
sectors evaluate, compare, and select desktop computers, notebooks and
monitors based on their environmental attributes. EPEAT also provides a
clear and consistent set of performance criteria for the design of
products, and provides an opportunity for manufacturers to secure
market recognition for efforts to reduce the environmental impact of
their products.
The National Technology Transfer and Advancement Act of 1995
(NTTAA) and the OMB Circular A-119, ``Federal Participation in the
Development and Use of Voluntary Consensus Standards and in Conformity
Assessment Activities,'' direct Federal agencies to utilize voluntary
consensus standards for regulatory and procurement activities, and to
participate in the development of these standards, unless to do so
would be inconsistent with law or impractical. The Institute of
Electrical and Electronics Engineers (IEEE) 1680 Standard for the
Environmental Assessment of Personal Computer Products houses a set of
environmental performance criteria, which were developed in an open
consensus-based process by an American National Standards Institute
(ANSI)-accredited organization in accordance with the NTTAA
requirements. Most of the IEEE 1680 criteria refer to environmental
performance characteristics of the specific product. EPEAT lists
products that comply with this IEEE standard.
The interim rule amends the FAR to require the use of the EPEAT
Product Registry and the IEEE 1680 Standard for the Environmental
Assessment of Personal Computer Products in all solicitations and
contracts for personal computer desktops, notebooks, and monitors. A
new clause is required to effectively implement the above-mentioned
statute and Executive order.
FAR Subpart 23.7 currently implements the requirements for
acquiring environmentally preferable products and services. The interim
rule revises Subpart 23.7, and prescribes a new clause, FAR 52.223-16
(also included in FAR 52.212-5 for acquisition of commercial items) in
all solicitations and contracts for the acquisition of personal
computer products, services that require furnishing of personal
computer products for use by the Government, and services for
contractor operation of Government-owned facilities. In accordance with
Section 7 of Executive Order 13423, this requirement applies only to
contracts performed in the United States, unless otherwise authorized
in agency procedures.
The Councils have defined ``personal computer products'' to mean
notebook computers, desktop computers, or computer monitors, and all
peripherals that are integral to the operation of such items,
consistent with the IEEE 1680 standard. For example, the desktop
computer together with the keyboard, the mouse, and the power cord
would be a personal computer product. Printers, copiers, and fax
machines are not yet covered. To clarify application of the clause, the
interim rule defines notebook computer, computer desktop and computer
monitor, using the definitions in the IEEE 1680 standard.
Authorities
E.O. 13423 revoked E.Os. 13148, 13101, and 13123. These E.Os. have
not been eliminated from FAR 23.702 under this case, as other
conforming changes will be required. A separate FAR case will address
these conforming changes.
[[Page 73216]]
Required vs. Optional Criteria
The IEEE 1680 Standard identifies both required criteria and
optional criteria. EPEAT ``Bronze'' registered products must meet all
required criteria. EPEAT ``Silver'' registered products must meet all
required criteria and 50 percent of the optional criteria. EPEAT
``Gold'' registered products must meet all required criteria and 75
percent of the optional criteria. FAR clause 52.223-16 makes EPEAT
Bronze registration the standard that contractors must meet. Office of
Federal Environmental Executive guidance asks agencies to strive to
procure EPEAT Silver registered products, and Alternate I to the clause
makes EPEAT Silver registration the standard that contractors must
meet, when agencies determine that standard appropriate. Agencies also
may use EPEAT Silver or Gold registration in proposal evaluation.
The basic clause requires the contractor to furnish only personal
computer products that at the time of submission of proposals were
EPEAT Bronze registered or higher, the first level discussed in clause
1.4 of the IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products. The contractor must furnish what it
offered, even if the standard has changed between the offer and
delivery. Alternate I provides the same conditions for EPEAT Silver
registered products.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The changes may 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., because it mandates standards
for personal computer products that will be offered for sale to the
Government.
An Initial Regulatory Flexibility Act (IRFA) has been prepared. The
analysis is summarized as follows:
As of January 2006, four of the thirteen vendors who have
registered products on the EPEAT Product Registry are small
businesses.
Data are not available on how many small businesses are
reselling personal computer products to the Government, but
according to the EPA's Office of Small Disadvantaged Business
Utilization, there are approximately 613 Service Disabled Veteran
Owned Small Businesses selling IT hardware to the Federal Government
today. These small businesses are not manufacturers of IT hardware,
but resell IT hardware manufactured by other companies to the
Federal Government. Many of the products these resellers sell will
meet the IEEE 1680 Standard, and the manufacturers of these products
will have the option of getting these products EPEAT-registered to
verify that they do meet this standard.
The rule does not impose any new reporting, or recordkeeping
requirements. The IEEE 1680 Standard sets forth required and
optional criteria. The basic clause in the interim rule mandates
compliance with all the required criteria, and the clause alternate
requires that products must also meet 50 percent of the optional
criteria.
The EPEAT Product Registry has been designed to encourage small
business manufacturer participation. There is a sliding scale for
the annual EPEAT registration fee vendors pay to have their products
EPEAT-registered based on the annual revenue of the vendor. The
vendors with the smallest annual revenue pay the smallest annual
registration fee of $1,000, for which the company may register all
products. A summary of the standard is available on the EPEAT
website, but a copy of the standard costs $70. There have been no
indications from small business vendors to date that the IEEE 1680
Standard or the EPEAT Product Registry is a hindrance to doing
business with the Federal Government.
Because manufacturers are the parties responsible for
determining if their products meet the IEEE 1680 Standard, there
will be little to no impact on small businesses selling IT products
to the Federal Government, who are selling EPEAT-registered
products.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no practical alternatives that will accomplish the
objectives of the interim rule.
The FAR Secretariat has submitted a copy of the IRFA to the Chief
Counsel for Advocacy of the Small Business Administration. Interested
parties may obtain a copy from the FAR Secretariat. The Councils will
consider comments from small entities concerning the affected FAR Parts
11, 23, 39, and 52 in accordance with 5 U.S.C. 610. Interested parties
must submit such comments separately and should cite 5 U.S.C. 601, et
seq. (FAC 2005-23, FAR case 2006-030), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
D. 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 necessary because Executive Order 13423, Strengthening Federal
Environmental, Energy, and Transportation Management, effective on
January 26, 2007, requires the Government to require use of Electronic
Products Environmental Assessment Tool (EPEAT) when acquiring personal
computer products such as desktops, notebooks (also known as laptops),
and monitors. However, pursuant to Public Law 98-577 and FAR 1.501, the
Councils will consider public comments received in response to this
interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 11, 23, 39, and 52
Government procurement.
Dated: December 19, 2007.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 11, 23, 39, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 11, 23, 39, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 11--DESCRIBING AGENCY NEEDS
0
2. Amend section 11.101 by revising paragraph (b) to read as follows:
11.101 Order of precedence for requirements documents.
* * * * *
(b) In accordance with OMB Circular A-119, ``Federal Participation
in the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' and Section 12(d) of the National
Technology Transfer and Advancement Act of 1995, Pub. L. 104-113 (15
U.S.C. 272 note), agencies must use voluntary consensus standards, when
they exist, in lieu of Government-unique standards, except where
inconsistent with law or otherwise impractical. The private sector
manages and administers voluntary consensus standards. Such standards
are not mandated by law (e.g., industry standards such as ISO 9000, and
IEEE 1680).
[[Page 73217]]
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
3. Add section 23.701 to read as follows:
23.701 Definitions.
As used in this subpart--
Computer monitor means a video display unit used with a computer.
Desktop computer means a computer designed for use on a desk or
table.
Notebook computer means a portable-style or laptop-style computer
system.
Personal computer product means a notebook computer, a desktop
computer, or a computer monitor, and any peripheral equipment that is
integral to the operation of such items. For example, the desktop
computer together with the keyboard, the mouse, and the power cord
would be a personal computer product. Printers, copiers, and fax
machines are not included in peripheral equipment, as used in this
definition.
0
4. Amend section 23.702 by adding paragraphs (h) and (i) to read as
follows:
23.702 Authorities.
* * * * *
(h) Executive Order 13221 of July 31, 2001, Energy Efficient
Standby Power Devices.
(i) Executive Order 13423 of January 24, 2007, Strengthening
Federal Environmental, Energy, and Transportation Management.
0
5. Redesignate section 23.705 as 23.706; and add a new section 23.705
to read as follows:
23.705 Electronic products environmental assessment tool.
(a) General. As required by E.O. 13423, agencies must ensure that
they meet at least 95 percent of their annual acquisition requirement
for electronic products with Electronic Product Environmental
Assessment Tool (EPEAT)-registered electronic products, unless there is
no EPEAT standard for such products. This policy applies to contracts
performed in the United States, unless otherwise provided by agency
procedures.
(b) Personal computer products. Personal computer products is a
category of EPEAT-registered electronic products.
(1) The IEEE 1680 standard for personal computer products--
(i) Was issued by the Institute of Electrical and Electronics
Engineers on April 28, 2006;
(ii) Is a voluntary consensus standard consistent with Section
12(d) of Pub. L. 104-113, the ``National Technology Transfer and
Advancement Act of 1995'', (see 11.102(c));
(iii) Meets EPA-issued guidance on environmentally preferable
products and services; and
(iv) Is described in more detail at http://www.epeat.net.
(2) A list of EPEAT-registered products that meet the IEEE 1680
standard can be found at http://www.epeat.net.
(3) The IEEE 1680 standard sets forth required and optional
criteria. EPEAT ``Bronze'' registered products must meet all required
criteria. EPEAT ``Silver'' registered products meet all required
criteria and 50 percent of the optional criteria. EPEAT ``Gold''
registered products meet all required criteria and 75 percent of the
optional criteria. These are the levels discussed in clause 1.4 of the
IEEE 1680 standard. The clause at 52.223-16, IEEE 1680 Standard for the
Environmental Assessment of Personal Computer Products, makes EPEAT
Bronze registration the standard that contractors must meet. In
accordance with guidance from the Office of the Federal Environmental
Executive encouraging agencies to procure EPEAT Silver registered
products, Alternate I of the clause makes EPEAT Silver registration the
standard that contractors must meet. Agencies also may use EPEAT Silver
or Gold registration in the evaluation of proposals.
(c) The agency shall establish procedures for granting exceptions
to the requirement in paragraph (a) of this section, with the goal that
the dollar value of exceptions granted will not exceed 5 percent of the
total dollar value of electronic products acquired by the agency, for
which EPEAT-registered products are available. For example, agencies
may grant an exception if the agency determines that no EPEAT-
registered product meets agency requirements, or that the EPEAT-
registered product will not be cost effective over the life of the
product.
0
6. Revise the newly designated section 23.706 to read as follows:
23.706 Contract clauses.
(a) Insert the clause at 52.223-10, Waste Reduction Program, in all
solicitations and contracts for contractor operation of Government-
owned or -leased facilities and all solicitations and contracts for
support services at Government-owned or -operated facilities.
(b)(1) Unless an exception has been approved in accordance with
23.705(c), insert the clause at 52.223-16, IEEE 1680 Standard for the
Environmental Assessment of Personal Computer Products, in all
solicitations and contracts for--
(i) Personal computer products;
(ii) Services that require furnishing of personal computer products
for use by the Government; or
(iii) Contractor operation of Government-owned facilities.
(2) Agencies may use the clause with its Alternate I when there are
sufficient EPEAT Silver registered products available to meet agency
needs.
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
0
7. Amend section 39.101 by revising paragraph (b) to read as follows:
39.101 Policy.
* * * * *
(b)(1) In acquiring information technology, agencies shall identify
their requirements pursuant to--
(i) OMB Circular A-130, including consideration of security of
resources, protection of privacy, national security and emergency
preparedness, accommodations for individuals with disabilities, and
energy efficiency; and
(ii) Standards for environmental assessment of personal computer
products (see 23.705).
(2) When developing an acquisition strategy, contracting officers
should consider the rapidly changing nature of information technology
through market research (see Part 10) and the application of technology
refreshment techniques.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. Amend section 52.212-5 by--
0
a. Revising the date of the clause; and
0
b. Redesignating paragraphs (b)(27) through (b)(39) as (b)(28) through
(b)(40), respectively, and adding a new paragraph (b)(27).
The 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 (DEC 2007) * * * * *
(b) * * *
-- (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental
Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
[[Page 73218]]
-- (ii) Alternate I (DEC 2007) of 52.223-16.
* * * * *
52.223-10 [Amended]
0
9. Amend section 52.223-10 by removing from the introductory text
``23.705'' and adding ``23.706(a)'' in its place.
0
10. Add section 52.223-16 to read as follows:
52.223-16 IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products.
As prescribed in 23.706(b)(1), insert the following clause:
IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF PERSONAL
COMPUTER PRODUCTS (DEC 2007)
(a) Definitions. As used in this clause--
Computer monitor means a video display unit used with a
computer.
Desktop computer means a computer designed for use on a desk or
table.
Notebook computer means a portable-style or laptop-style
computer system.
Personal computer product means a notebook computer, a desktop
computer, or a computer monitor, and any peripheral equipment that
is integral to the operation of such items. For example, the desktop
computer together with the keyboard, the mouse, and the power cord
would be a personal computer product. Printers, copiers, and fax
machines are not included in peripheral equipment, as used in this
definition.
(b) Under this contract, the Contractor shall deliver, furnish
for Government use, or furnish for contractor use at a Government-
owned facility, only personal computer products that at the time of
submission of proposals were EPEAT Bronze registered or higher.
Bronze is the first level discussed in clause 1.4 of the IEEE 1680
Standard for the Environmental Assessment of Personal Computer
Products.
(c) For information about the standard, see http://www.epeat.net.
(End of clause)
Alternate I (DEC 2007)
As prescribed in 23.706(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 Government-
owned facility, only personal computer products that at the time of
submission of proposals were EPEAT Silver registered or higher.
Silver is the second level discussed in clause 1.4 of the IEEE 1680
Standard for the Environmental Assessment of Personal Computer
Products.
[FR Doc. E7-24937 Filed 12-21-07; 8:45 am]
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