48 CFR 970.5223-2 - Affirmative procurement program.

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970.5223-2 Affirmative procurement program. Link to an amendment published at 75 FR 57695, Sept. 22, 2010.
As prescribed in 48 CFR (DEAR) 970.2304-2, insert the following clause in contracts for the management and operation of DOE facilities, including national laboratories.
Affirmative Procurement Program—March 2003
(a) In the performance of this contract, the Contractor shall comply with the requirements of Executive Order 13101 and the U.S. Department of Energy (DOE) Affirmative Procurement Program Guidance. This guidance includes requirements concerning environmentally preferable products and services, recycled content products and biobased products. This guidance is available on the Internet.
(b) In complying with the requirements of paragraph (a) of this clause, the Contractor shall coordinate its activities with the DOE Recycling Coordinator. Reports required by paragraph (c) of this clause shall be submitted through the DOE Recycling Coordinator.
(c) The Contractor shall prepare and submit reports, at the end of the Federal fiscal year, on matters related to the acquisition of items designated in EPA's Comprehensive Procurement Guidelines that Federal agencies and their Contractors are to procure with recovered/recycled content.
(d) If the Contractor subcontracts a significant portion of the operation of the Government facility which includes the acquisition of items designated in EPA's Comprehensive Procurement Guidelines, the subcontract shall contain a clause substantially the same as this clause. The EPA Comprehensive Procurement Guidelines identify products which Federal agencies and their Contractors are to procure with recycled content pursuant to 40 CFR 247. Examples of such a subcontract would be operation of the facility supply function, construction or remodeling at the facility, or maintenance of the facility motor vehicle fleet. In situations in which the facility management Contractor can reasonably determine the amount of products with recovered/recycled content to be acquired under the subcontract, the facility management Contractor is not required to flow down the reporting requirement of this clause. Instead, the facility management Contractor may include such quantities in its own report and include an agreement in the subcontract that such products will be acquired with recovered/recycled content and that the subcontractor will advise if it is unable to procure such products with recovered/recycled content because the product is not available:
(i) Competitively within a reasonable time;
(ii) At a reasonable price; or,
(iii) Within the performance requirements.
If reports are required of the subcontractor, such reports shall be submitted to the facility management Contractor. The reports may be submitted at the conclusion of the subcontract term provided that the subcontract delivery term is not multi-year in nature. If the delivery term is multi-year, the subcontractor shall report its accomplishments for each Federal fiscal year in a manner and at a time or times acceptable to both parties
(e) When this clause is used in a subcontract, the word “Contractor” will be understood to mean “subcontractor” and the term “DOE Recycling Coordinator” will be understood to mean “Contractor Recycling Coordinator.”
[68 FR 6359, Feb. 7, 2003, as amended at 74 FR 36378, July 22, 2009]
Effective Date Note:
At 75 FR 57695, Sept. 22, 2010, 970.5223-2 was removed, effective October 22, 2010.

Title 48 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 48.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-09-12; vol. 79 # 177 - Friday, September 12, 2014
    1. 79 FR 54626 - Organization and Delegation of Powers and Duties in the Transportation Acquisition Regulation
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Final rule.
      This rule is effective September 12, 2014.
      48 CFR Parts 1201 and 1202

Title 48 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to Title 48 after this date.

  • 2014-09-15; vol. 79 # 178 - Monday, September 15, 2014
    1. 79 FR 54949 - Federal Acquisition Regulation; Enhancements to Past Performance Evaluation Systems
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      DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
      Proposed rule.
      Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before November 14, 2014 to be considered in the formation of the final rule.
      48 CFR Part 42