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EPAAR Prescription and Solicitation Provision--EPA Green Meetings and Conferences
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Proposed Rules]
[Page 8143-8145]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe07-21]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1523 and 1552
[EPA-HQ-OARM-2007-0102; FRL 8280-4]
EPAAR Prescription and Solicitation Provision--EPA Green Meetings
and Conferences
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to revise the EPA Acquisition Regulation
(EPAAR) Subparts 1523 and 1552 to establish policy and procedures for
acquiring environmentally preferable meeting and conference services.
This proposed EPAAR revision will add a prescription and solicitation
provision that Agency employees will be required to use when soliciting
quotes or offers for meeting and conference space and services. The
solicitation provision will require meeting and conference venues to
provide EPA with information about environmentally preferable features
and practices in use at their facilities. As stated in the Federal
Acquisition Regulation (FAR), environmentally preferable products and
services are those ``that have a lesser or reduced effect on human
health and the environment when compared with competing products or
services that serve the same purpose.'' The intent of this rule is to
ensure that environmental preferability is considered in each purchase
of commercial meeting and conference services, which furthers the EPA
mission to protect human health and the environment.
This action revises the EPAAR, but does not impose any new
requirements on Agency contractors. The procedure will require Agency
employees to request information from prospective meeting venues about
their environmentally preferable (green) practices for consideration in
the award decision, thus encouraging the industry to adopt more of
these practices so that we will be more likely to do business with
them. This rule imposes no requirement or standard that a facility must
meet in order to do business with us.
DATES: Interested parties should submit comments in writing on or
before March 26, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2007-0102, by one of the following methods:
? http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
? Email: oei.docket@epa.gov.
? Mail: EPA Docket Center, Environmental Protection Agency,
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Attention Docket ID No. EPA-HQ-OARM-2007-0102.
? Hand Delivery: EPA Docket Center, Environmental Protection
Agency, OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2007-0102. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Tiffany Schermerhorn, Policy, Training
and Oversight Division, Office of Acquisition Management, Mail Code
3802R, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; e-mail address: schermerhorn.tiffany@epa.gov,
telephone (202) 564-9902.
SUPPLEMENTARY INFORMATION:
I. General Information
The proposed EPAAR additions are necessary so that the Agency can
ensure that environmental preferability is considered in all purchases
of commercial meeting and conference services. The new solicitation
provision will not impose a substantial additional burden on meeting
venues since they currently submit quotes or offers to the Agency in
response to solicitations for meeting and conference services, and the
rule will allow the information to be obtained electronically or orally
when appropriate to the acquisition. The EPAAR changes are consistent
with the FAR.
II. Statutory and Executive Order Reviews
A. Executive Order 12866
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule does not impose any new information collection or other
requirements on Agency contractors. Collection of information from
prospective contractors via Agency solicitation is covered under
existing active clearances OMB 9000-0136, Commercial Item
Acquisitions--FAR Sections Affected: Part 12; 52.212-1 and 52.212-3, a
Federal Acquisition Regulation clearance, in the case of commercial
item simplified acquisitions; and OMB 2030-0006, Invitations for Bids
and Request for Proposals (IFBs and RFPs), an EPA clearance, in the
case of sealed bid or negotiated procurements. These clearances allow
information to be collected from a quoter or offeror with the purpose
of evaluating its capabilities for performing the contract
requirements. In the case of this regulation, one of EPA's requirements
is to purchase environmentally preferable meeting and conference
services to the greatest extent practicable, so we will need to solicit
from each facility a technical description of environmentally
preferable measures it has in place.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment
[[Page 8144]]
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any new requirements on small entities.
List of Subjects in 48 CFR Parts 1523 and 1552
Environmental Protection, Government procurement.
Dated: February 16, 2007.
John C. Gherardini, III,
Acting Director, Office of Acquisition Management.
For the reasons set forth in the preamble, chapter 15 of title 48
Code of Federal Regulations, parts 1523 and 1552 are proposed to be
amended as follows:
PART 1523--ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND
DRUG-FREE WORKPLACE
1. The authority citation for 48 CFR part 1523 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
2. Add Subpart 1523.7 to read as follows.
Subpart 1523.7--Contracting for Environmentally Preferable Products and
Services
1523.703 Policies and procedures.
1523.703-1 Acquisition of environmentally preferable meeting and
conference services.
Subpart 1523.7--Contracting for Environmentally Preferable Products
and Services
1523.703 Policies and procedures.
1523.703-1 Acquisition of environmentally preferable meeting and
conference services.
(a) Scope. This section establishes policy and procedures for
acquiring environmentally preferable meeting and conference services.
For purposes of this section, the term ``contracting officer'' refers
to any EPA employee with purchasing authority. For the purposes of this
section, the term ``meeting and conference services'' refers to any
purchase by an EPA employee of the use of off-site commercial
facilities for an EPA event, whether the event is a meeting,
conference, training session, or other purpose.
(b) Policy. Contracting officers must purchase environmentally
preferable meeting and conference services to the greatest extent
practicable. Environmental preferability is defined at FAR 2.101.
Environmental preferability shall be considered in all purchases of
meeting and conference services.
(c) Procedures for micropurchases. The contracting officer shall
request information on environmentally preferable features and
practices from each meeting and conference services vendor solicited
using the provision or language substantially the same as the provision
at 1552.223-71.
(d) Procedures for purchases exceeding micropurchase threshold. The
contracting officer shall request information on environmentally
preferable features and practices from each meeting and conference
services vendor using the provision or language substantially the same
as the provision at 1552.223-71, and shall notify vendors that basis
for award will be best valued with price and other factors considered.
Environmental preferability must be considered among the other factors.
The contracting officer shall determine the relative importance of
price and other factors as appropriate to the acquisition.
(e) Contractor support for meetings and conferences. A contract,
order, work assignment or purchasing agreement that includes contractor
support for meeting and conference planning and logistics must include
a green meeting and conference requirement. The contracting officer
shall ensure language is included in the tasking document work
statement that requires the contractor to use the provision at
1552.223-71, or language approved by the contracting officer that is
substantially the same as the provision, when soliciting quotes or
offers for meeting and conference services on behalf of the EPA.
(f) Solicitation Provision. The contracting officer shall insert
the provision or language substantially the same as the provision at
1552.223-71, EPA Green Meetings and Conferences, in solicitations for
meeting and conference services. Contracting officers issuing an oral
solicitation must also use the provision, though it may be provided to
the vendor orally or electronically. Contractors soliciting quotes or
offers for meeting and conference services on behalf of EPA shall use
the provision, or language approved by the contracting officer that is
substantially the same as the provision.
3. The authority citation for 48 CFR part 1552 continues to read as
follows:
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Add Sec. 1552.223-71 to read as follows.
1552.223-71 EPA Green Meetings and Conferences.
As prescribed in 1523.703-1, insert the following provision or
language substantially the same as the provision in solicitations for
meetings and conference services.
EPA Green Meetings and Conferences (XXX 2007)
(a) The mission of the EPA is to protect human health and the
environment. We expect that all Agency meetings and conferences will be
staged using as many environmentally preferable measures as possible.
Environmentally preferable means products or services that have a
lesser or reduced effect on the environment when compared with
competing products or services that serve the same purpose.
(b) As a potential meeting or conference provider for EPA, we
require information about environmentally preferable features and
practices your facility will have in place for the EPA event described
in the solicitation.
(c) The following list is provided to assist you in identifying
environmentally preferable measures and practices used by your
facility. More information about EPA's Green Meetings initiative may be
found on the Internet at http://www.epa.gov/oppt/greenmeetings/.
Information about EPA
[[Page 8145]]
voluntary partnerships may be found at
http://www.epa.gov/partners/index.htm.
(1) Do you have a recycling program? If so, please describe.
(2) Do you have a linen/towel reuse option that is communicated to
guests?
(3) Do guests have easy access to public transportation or shuttle
services at your facility?
(4) Are lights and air conditioning turned off when rooms are not
in use? If so, how do you ensure this?
(5) Do you provide bulk dispensers or reusable containers for
beverages, food and condiments?
(6) Do you provide reusable serving utensils, napkins and
tablecloths when food and beverages are served?
(7) Do you have an energy efficiency program? Please describe.
(8) Do you have a water conservation program? Please describe.
(9) Does your facility provide guests with paperless check-in &
check-out?
(10) Does your facility use recycled or recyclable products? Please
describe.
(11) Do you provide training to your employees on these green
initiatives? Please describe.
(12) What other environmental initiatives have you undertaken,
including any environment-related certifications you possess, EPA
voluntary partnerships in which you participate, support of a green
suppliers network, or other initiatives? Include ``Green Meeting''
information in your quotation so that we may consider environmental
preferability in selection of our meeting venue.
[FR Doc. E7-3114 Filed 2-22-07; 8:45 am]
BILLING CODE 6560-50-P