TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 9 - DEPARTMENT OF ENERGY
SUBCHAPTER I - AGENCY SUPPLEMENTARY REGULATIONS
PART 970 - DOE MANAGEMENT AND OPERATING CONTRACTS
970.5223 - 2 - Affirmative procurement program.
As prescribed in 48 CFR (DEAR) 970.23042, insert the following clause in contracts for the management and operation of DOE facilities, including national laboratories.
Affirmative Procurement ProgramMarch 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
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]