Proposed Rule2023-27942
General Services Administration Acquisition Regulation; Reduction of Single-Use Plastic Packaging
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 26, 2023
Issuing agencies
General Services Administration
Abstract
The General Services Administration is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to add a new provision and clause to identify single-use plastic free (SUP-free) packaging availability for products under the Federal Supply Schedules with the goal of reducing single-use plastic packaging.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 246 (Tuesday, December 26, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Proposed Rules]
[Pages 88856-88863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27942]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 502, 538, and 552
[GSAR Case 2022-G517; Docket No. GSA-GSAR-2023-0028; Sequence No. 1]
RIN 3090-AK60
General Services Administration Acquisition Regulation; Reduction
of Single-Use Plastic Packaging
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration is proposing to amend the
General Services Administration Acquisition Regulation (GSAR) to add a
new provision and clause to identify single-use plastic free (SUP-free)
packaging availability for products under the Federal Supply Schedules
with the goal of reducing single-use plastic packaging.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
February 26, 2024 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to GSAR Case 2022-G517 to:
<a href="http://Regulations.gov">Regulations.gov</a>: <a href="https://www.regulations.gov">https://www.regulations.gov</a> via the Federal
eRulemaking portal by searching for ``GSAR Case 2022-G517''. Select the
link ``Comment Now'' that corresponds with GSAR Case 2022-G517. Follow
the instructions provided at the ``Comment Now'' screen. Please include
your name, company name (if any), and ``GSAR Case 2022-G517'' on your
attached document. If your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite GSAR Case 2022-
G517, in all correspondence related to this case. Comments received
generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two-to-three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Adina Torberntsson, Procurement Analyst, at <a href="/cdn-cgi/l/email-protection#e087938192908f8c898399a0879381ce878f96"><span class="__cf_email__" data-cfemail="80e7f3e1f2f0efece9e3f9c0e7f3e1aee7eff6">[email protected]</span></a> or
720-475-0568. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat at <a href="/cdn-cgi/l/email-protection#91f6e2f0e3f4f6e2f4f2d1f6e2f0bff6fee7"><span class="__cf_email__" data-cfemail="bcdbcfddced9dbcfd9dffcdbcfdd92dbd3ca">[email protected]</span></a> or
202-501-4755. Please cite GSAR Case 2022-G517.
SUPPLEMENTARY INFORMATION:
I. Background
As one of the largest Federal purchasing agencies, the General
Services Administration (GSA) purchases an enormous variety of
different products. Despite product diversity, one element that is
consistent across these acquisitions is the presence of product
packaging and shipment packaging. Single-use plastic packaging has an
additional cost that is often built into the proposed price, or the
price is later realized in the cost of waste management. In addition,
the cost of cleaning up environmental pollution and the cost of impacts
to human health created by single-use plastics are often not accounted
for in the price of the product.
A large portion of plastic waste comes from plastic packaging
alone, and much of this packaging is designed to be used only once.
This rule represents a small step in addressing the larger problem of
too much plastic waste.
GSA amended internal policy guidance in the GSA Acquisition Manual
(GSAM) Change 138, Case 2021-G528 \1\ to address acquisition planning
as it relates to waste, sourcing, efficiency, and content management.
GSA is now seeking a regulatory action that will be applied to its
Federal Supply Schedules (FSS).
---------------------------------------------------------------------------
\1\ <a href="https://www.acquisition.gov/archives/change-138-gsam-case-2021-g528">https://www.acquisition.gov/archives/change-138-gsam-case-2021-g528</a>.
---------------------------------------------------------------------------
Multiple factors contributed to the decision to propose this
regulatory action. These factors include: (a) existing policy and
guidance, (b) GSA Acquisition Policy Federal Advisory Committee (GAP
FAC) recommendations, (c) Advanced Notice of Proposed Rule (ANPR)
public comments, and (d) current industry practices. More detailed
information is provided below on the various information reviewed in
the development of this rule.
Objectives
This proposed rule addresses the following:
<bullet> Defines SUP-free packaging and single-use plastic
packaging in 502.101 Definitions.
<bullet> Adds a new FSS provision to identify SUP-free packaging at
552.238-XXX. This provision requires the offeror to identify whether
they do or do not offer SUP-free packaging. If the offeror provides
SUP-free packaging, it will also identify whether the SUP-free
packaging
[[Page 88857]]
is standard or must be specified by the ordering official.
<bullet> Adds a new FSS SUP-free Packaging Availability clause at
552.238-YYY. This clause includes a requirement to identify whether
SUP-free packaging is available as the standard shipping practice, or
at a premium or discount rate. Contractors that offer SUP-free
packaging are encouraged to highlight SUP-free packaging in their price
list and marketing materials.
GSA encourages ordering activities, when placing FSS orders and
establishing blanket purchase agreements (BPAs), to include a
preference for sustainable solutions such as SUP-free packaging. GSA
will also highlight industry partners that make SUP-free packaging by
utilizing a new product icon in its ordering systems, such as GSA
Advantage![supreg]. The overall intent is to encourage industry
partners who collaborate with GSA to reduce this critical waste stream,
and to be acknowledged for their efforts in furtherance of this
endeavor.
GSA will examine further ways to update its e-tools. This may
include tools such as the environmental aisle, green procurement
compilation tool, and others to include an icon or other identifier for
SUP-free packaging.
Existing Policy and Guidance
Executive Order 14057 (December 8, 2021)
Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries
and Jobs Through Federal Sustainability, Section 207, specifically
addresses plastic pollution by referencing the Save Our Seas Act,
Public Law 116-224, and promoting a circular economy.
In February of 2022, the GAP FAC referenced E.O. 14057 when
recommending that GSA take action in addressing single-use plastics in
federal acquisitions.
Federal Sustainability Plan (December 2021)
The Federal Sustainability Plan outlines the path for Federal
Operations to achieve net-zero emission procurements by 2050. To do
this, the plan directs the federal government to maximize procurement
of sustainable products, as well as reduce waste. As a petrochemical
product primarily manufactured using petrochemicals, single-use plastic
is a product type whose reduction would address the plan's goals to
reduce emissions.\2\
---------------------------------------------------------------------------
\2\ Federal Sustainability Plan.
---------------------------------------------------------------------------
Environmental Protection Agency (EPA) Draft National Strategy To
Prevent Plastic Pollution (April 21, 2023)
The EPA published a draft national strategy to prevent plastic
pollution,\3\ which consists of three overarching goals: reduce
pollution during plastic production, improve post-use materials
management, and prevent trash and micro/nanoplastics from entering
waterways and remove escaped trash from the environment. GSA can
support this national strategy through this rulemaking to reduce
single-use plastic packaging.
---------------------------------------------------------------------------
\3\ EPA Draft National Strategy Prevent Plastic Pollution.
---------------------------------------------------------------------------
Other State and Local Government Policy Efforts
In planning the approach to this rule, GSA reviewed state and local
government policies on reducing waste from single-use plastics such as
California's Plastic Pollution Prevention and Packaging Producer
Responsibility Act (SB 54).\4\ This statute requires removal of all
single use plastic packaging that is non-recyclable and non-compostable
within the statutory timeframe. As the fifth largest economy,\5\
California's legislation is a great indicator that the market can react
to a reduction in single-use plastic packaging. Multiple states have
followed suit with similar legislative actions to reduce single-use
plastic packaging, including Connecticut, Delaware, Hawaii, Maine, New
York, Oregon, and Vermont.\6\
---------------------------------------------------------------------------
\4\ Allen, Chapter 75, Statutes of 2022, was signed into law on
June 30, 2022.
\5\ <a href="https://www.bloomberg.com/opinion/articles/2022-10-24/california-poised-to-overtake-germany-as-world-s-no-4-economy">https://www.bloomberg.com/opinion/articles/2022-10-24/california-poised-to-overtake-germany-as-world-s-no-4-economy</a>.
\6\ https://www.ncsl.org/environment-and-natural-resources/
state-plastic-bag-
legislation#:~:text=Eight%20states%E2%80%94California%2C%20Connecticu
t%2C,banned%20single%2Duse%20plastic%20bags.
---------------------------------------------------------------------------
GSA Acquisition Policy Federal Advisory Committee (GAP FAC)
Recommendations
The GAP FAC was established to provide recommendations specific to
GSA to drive regulatory, policy, and process changes in acquisition.\7\
The GAP FAC is comprised of multiple stakeholders to include academics,
non-profit organizations, industry, and government employees.
---------------------------------------------------------------------------
\7\ <a href="https://www.gsa.gov/policy-regulations/policy/acquisition-policy/gsa-acquisition-policy-federal-advisory-committee">https://www.gsa.gov/policy-regulations/policy/acquisition-policy/gsa-acquisition-policy-federal-advisory-committee</a>.
---------------------------------------------------------------------------
The policy subcommittee initially focused on steps GSA can take to
ensure climate and sustainability issues are fully considered in the
acquisition process, specifically researching the topic of single-use
plastics.
The GAP FAC identified risks associated with single-use plastics,
including the use of redundant packaging, the cost for disposal, as
well as the environmental justice issues raised by production, use, and
waste management disposal of single-use plastics. The GAP FAC advised
GSA that many single-use plastics and packaging are difficult or
impossible to recycle or compost and end up in landfills or other waste
management facilities, which are often located in or near disadvantaged
communities. The advisory memo provided by the GAP FAC also highlights
the Federal Sustainability Plan and discusses a net-zero procurement
goal by 2050 established by E.O. 14057.
The GAP FAC recommended \8\ that GSA pursues rulemaking to reduce
plastic waste. They highlighted that 36% of all plastic produced is
packaging material.\9\ The overall recommendation to pursue rulemaking
aligns with public feedback received during the ANPR that was open for
public comment from September through November of 2022. The rulemaking
recommendations include developing pre-award incentives or post-award
rewards to suppliers for reducing unnecessary plastic packaging in
shipping materials, or product packaging materials, demonstrated
through waste reduction plans or third-party ecolabels.
---------------------------------------------------------------------------
\8\ <a href="https://www.gsa.gov/system/files/GAP%20FAC%20RECOMMENDATION%20REPORT%202023-01%20%283%29.pdf">https://www.gsa.gov/system/files/GAP%20FAC%20RECOMMENDATION%20REPORT%202023-01%20%283%29.pdf</a>.
\9\ <a href="https://www.science.org/doi/10.1126/sciadv.1700782">https://www.science.org/doi/10.1126/sciadv.1700782</a>.
---------------------------------------------------------------------------
Advanced Notice of Proposed Rule Public Comments
An advanced notice of proposed rulemaking (ANPR) was published in
July of 2022 (87 FR 40476) with a 60 day response deadline, which was
then extended an extra 3 weeks to meet the demands of all interested
parties (87 FR 54937). The results of the ANPR were overall favorable
with thousands of people signing statements of approval and submitting
those as comments to the agency.
Some comments reflect a misunderstanding of GSA's role and the
objective of the ANPR. As an acquisition agency, GSA is looking to
leverage the acquisition system to reduce incoming single-use plastics
packaging when Federal agencies use GSA contracts to acquire products.
Multiple respondents raised concerns about the environmental impact
of products that are predominantly biobased, but may have either a
plastic
[[Page 88858]]
coating (for waterproofing), or might be a biobased plastic where it is
unclear how to compost it. While these concerns do present real
challenges to packaging, the intent of this rule is not to address
biobased products or regulate packaging but rather to build conditions
to reduce the single-use plastic waste stream associated with purchases
through GSA's Federal Supply Schedule.
Some comments focused on recycling policies. While important, many
of these comments are outside of GSA's control and mission.
Additionally, only 8.7% of plastic waste was recycled \10\ in 2018, and
that rate dropped to 5-6% in 2021. Given the low percentage of plastic
recycled,\11\ and the challenges with GSA affecting change in this
area, GSA did not include recycling policies in the scope of this
rulemaking.
---------------------------------------------------------------------------
\10\ https://www.smithsonianmag.com/smart-news/the-us-recycled-
just-5-percent-of-its-plastic-in-2021-180980052/
#:~:text=Of%20the%2040%20million%20tons,and%20The%20Last%20Beach%20Cl
eanup.
\11\ <a href="https://www.smithsonianmag.com/smart-news/the-us-recycled-just-5-percent-of-its-plastic-in-2021-180980052/">https://www.smithsonianmag.com/smart-news/the-us-recycled-just-5-percent-of-its-plastic-in-2021-180980052/</a>.
---------------------------------------------------------------------------
Multiple ANPR respondents provided feedback identifying concern if
a product is not properly packaged and is thereafter damaged that would
pose a greater environmental impact. To address those concerns, GSA is
incentivizing the use of SUP-free packaging, as defined by the agency,
not mandating it. The proposed rule encourages GSA's industry partners
to promote their Federal Supply Schedule contract through a new GSA
Advantage![supreg] SUP-free packaging product icon. Additionally, GSA
will encourage its customers to consider packaging when making
purchasing decisions through training and customer outreach.
Industry Practices and Consumer Trends
Overall review of applicable online articles, as well as review of
companies' available shareholders reports, indicates that a reduction
in single-use plastic is positive for marketability of a company, or
displaying the company's values.
One historic high-profile case for a corporate change to packaging
was McDonald's Corporation in 1990. Customers were concerned with the
amount of polystyrene trash that was being produced. McDonald's pursued
a change in packaging materials, rather than polystyrene \12\ recycling
because it was not economically advantageous to do so. In making this
change it highlighted that the company could be economically successful
on a global scale, while still acting in the interest of the
environment and the consumer.
---------------------------------------------------------------------------
\12\ <a href="https://www.nytimes.com/1990/11/02/business/packaging-and-public-image-mcdonald-s-fills-a-big-order.html">https://www.nytimes.com/1990/11/02/business/packaging-and-public-image-mcdonald-s-fills-a-big-order.html</a>.
---------------------------------------------------------------------------
Online reviews of companies that sell a predominantly plastic
product, such as electronic companies, have also shown positive trends
in reducing single-use plastic packaging with the goal of reducing such
packaging to zero. An example of this is Apple Computers. In the
company's 2022 environmental report the company highlighted a 75%
reduction in plastic packaging as seen in 2021 when compared to where
the company was at in 2015.\13\ This indicates that not only is such a
reduction achievable. Under this circumstance it makes sense for GSA to
identify ways to encourage the move towards SUP-free packaging.
---------------------------------------------------------------------------
\13\ <a href="https://www.apple.com/environment/pdf/Apple_Environmental_Progress_Report_2022.pdf">https://www.apple.com/environment/pdf/Apple_Environmental_Progress_Report_2022.pdf</a>.
---------------------------------------------------------------------------
Apple disclosed in the report that in 2021 they moved away from
molded foam packaging to corrugated cardboard to absorb the shock of
transport, and were able to continue with their current suppliers to
make this change. Apple stated that they saved 400 metric tons of
single-use plastic by changing their packaging alone.\14\ The report
continues that Apple is making these decisions to not only be
environmentally conscientious but to also remain competitive in the
market.
---------------------------------------------------------------------------
\14\ Apple Environmental Report, page 42, <a href="https://www.apple.com/environment/pdf/Apple_Environmental_Progress_Report_2022.pdf">https://www.apple.com/environment/pdf/Apple_Environmental_Progress_Report_2022.pdf</a>.
---------------------------------------------------------------------------
Small businesses are also adopting this trend for product specific
packaging. An example of this is Monadnock Paper Mill (MPM),\15\ which
is the oldest operational papermill in the United States. Located
outside of Bennington, New Hampshire.\16\ The mill has maintained
operations by adapting over time, but also by promoting sustainability
in their products to include packaging. The MPM business strategy
highlights that to stay competitive over 200 years, you have to adapt
and be forward thinking. The MPM looks to replace traditionally plastic
products with paper ones.\17\
---------------------------------------------------------------------------
\15\ For NAICs Code 322120 for paper mills the size standard is
1250 employees. MPM is designated as a small business per that
NAICs. https://www.encyclopedia.com/books/politics-and-business-
magazines/monadnock-paper-mills-
inc#:~:text=Monadnock%20Paper%20Mills%2C%20Inc.%20is,small%20paper%20
mill%20in%20America.
\16\ <a href="https://www.mbtmag.com/global/article/13215337/inside-americas-oldest-continuously-operating-paper-mill">https://www.mbtmag.com/global/article/13215337/inside-americas-oldest-continuously-operating-paper-mill</a>.
\17\ <a href="https://www.forbes.com/sites/jimvinoski/2019/07/10/monadnock-paper-mills-celebrates-200-years-of-continuous-operation/?sh=3a2e273d44c1">https://www.forbes.com/sites/jimvinoski/2019/07/10/monadnock-paper-mills-celebrates-200-years-of-continuous-operation/?sh=3a2e273d44c1</a>.
---------------------------------------------------------------------------
In addition, small businesses that sell on behalf of a large
business manufacturer can make their packaging options a value-added
component, thus adding competition where previous waivers were
required.\18\
---------------------------------------------------------------------------
\18\ See Federal Acquisition Regulations (FAR) 19.505(c) for
additional information.
---------------------------------------------------------------------------
Survey data has shown that overall, customers' do not want plastic
packaging,\19\ and studies \20\ find that people prefer sustainable
brands.\21\ Overall 72% of consumers \22\ worldwide are actively buying
more sustainable products, with this trend continuing.
---------------------------------------------------------------------------
\19\ <a href="https://www.forbes.com/sites/solitairetownsend/2018/11/21/consumers-want-you-to-help-them-make-a-differe,nce/?sh=474c27d46954">https://www.forbes.com/sites/solitairetownsend/2018/11/21/consumers-want-you-to-help-them-make-a-differe,nce/?sh=474c27d46954</a>.
\20\ The Elusive Green Consumer, Harvard Business Review, Aug.
2019 <a href="https://hbr.org/2019/07/the-elusive-green-consumer">https://hbr.org/2019/07/the-elusive-green-consumer</a>.
\21\ <a href="https://www.barrons.com/articles/two-thirds-of-north-americans-prefer-eco-friendly-brands-study-finds-51578661728">https://www.barrons.com/articles/two-thirds-of-north-americans-prefer-eco-friendly-brands-study-finds-51578661728</a>.
\22\ <a href="https://www.forbes.com/sites/blakemorgan/2021/04/19/customers-hate-plastic-packaging-so-why-do-companies-keep-using-it/?sh=7664ce9192c6">https://www.forbes.com/sites/blakemorgan/2021/04/19/customers-hate-plastic-packaging-so-why-do-companies-keep-using-it/?sh=7664ce9192c6</a>.
---------------------------------------------------------------------------
These industry examples highlight that reducing single-use plastic
packaging can be accomplished, without negatively impacting the product
or the customer's experience.
II. Discussion and Analysis
In review of existing legislation, agency regulations, GAP FAC
recommendations, ANPR public comments, and market data, GSA determined
that reduction is the best starting point for the agency, as well as
our industry partners, in addressing single-use plastics.
Although there could be multiple opportunities during an
acquisition's lifecycle to address product packaging, GSA decided
encouraging industry partners to offer SUP-free packaging, to include
either product or shipping packaging, for products awarded on a FSS
contract was the best starting point. The FSS program is a long-term
governmentwide contract with commercial companies that provide access
to millions of commercial products and services at the best value, in
terms of cost, quality and service.
The Federal Supply Schedules makes buying easy and efficient with
the use of modern technology to connect government buyers and industry.
This rule will provide flexibility for contracting officers to
determine if this is a competitive element specific to what they are
procuring.
In review of current GSA acquisition supplemental policies, there
is a need to address single-use plastic waste as it relates to
packaging and single-use plastic product waste, and trends around this
topic. To reduce this waste-stream, GSA is proposing to revise its
[[Page 88859]]
regulations when establishing Federal Supply Schedule contracts as
further described below.
GSAR Part 502 Definitions
The regulatory changes include providing definitions for single-use
plastic packaging as well as SUP-free packaging. The definitions for
single-use plastic packaging and SUP-free packaging take into account
the needs of the agency, market trends to include consumer demand, and
guidance received from both the ANPR and the GAP FAC.
These definitions were developed by adopting what some state
legislatures have done, such as California in defining single-use
plastic packaging. Additional guidance in developing these definitions
came from reviewing both the Federal Trade Commissions (FTC) Green
Guides \23\ on product packaging and the International Organization for
Standardization (ISO) ISO 18601:2013,\24\ which addresses packaging.
---------------------------------------------------------------------------
\23\ Federal Trade Commission, <a href="http://www.ftc.gov">www.ftc.gov</a>, Part 260 Guides for
the Use of Environmental Marketing Claims.
\24\ ISO 18601:2013 Packaging and the environment--General
requirements for the use of ISO standards in the field of packaging
and the environment <a href="https://www.iso.org/obp/ui/#iso:std:iso:18601:ed-1:v1:en">https://www.iso.org/obp/ui/#iso:std:iso:18601:ed-1:v1:en</a>.
---------------------------------------------------------------------------
GSAR Part 538 Federal Supply Schedule Contracting
To implement the proposed clause and provision for the Federal
Supply Schedule, the prescription language in Part 538 has been updated
to accommodate this change and require the new clause and provision to
be included at the Federal Supply Schedule contract level.
GSAR Part 552 Solicitation Provisions and Contract Clauses
The intent of this rule is to encourage FSS contractors to adopt
and promote SUP-free packaging instead of single-use plastic packaging.
To do this, an existing clause needs to be amended, and a new clause
and provision introduced.
GSAR Clause 552.238-88 GSA Advantage![supreg]
The change to 552.238-88 GSA Advantage![supreg] highlights the GSA
SUP-free packaging icon that is being implemented in support of this
case.
GSAR Provision 552.238-XX Single-Use Plastic (SUP) Free Packaging
Identification
This new provision provides the opportunity for GSA industry
partners to identify if: (1) they are able to provide SUP free
packaging; and (2) SUP free packaging is a standard part of their
offering or must be specified by the ordering activity. The provision
also identifies potential for a single-use plastic free packaging
preference based on the proposed packaging label in GSA's online
catalogs to promote sales.
GSAR Clause 552.238-YYY Single-Use Plastic (SUP) Free Packaging
Availability
The new clause includes general statements of behaviors that GSA
wants to encourage industry partners to adopt, the definitions that
apply to the clause, and applicable procedures for SUP-free packaging.
GSA is defining SUP-free packaging as it relates to the agency and
the Federal Supply Schedule. This definition will be incorporated into
different electronic system enhancements in the form of an online icon
that identifies those contractors on GSA Advantage![supreg]. Industry
partners are invited to identify any price premiums or discounts for
SUP-free packaging.
III. Expected Impact of the Rule
This analysis includes both the cost and benefit impacts to both
the public and GSA. The analysis includes identifying relevant
products, developing a distinguishable icon, and developing internal
guidance to help contracting activities learn how to apply searching
for the icon to procure the environmentally preferable products.
The rule is specific to GSA's FSS program, with the intent of
significantly reducing the single-use plastic waste stream. When
voluntarily pursued, this action will reduce the Government's waste
consumption, and potentially save industry partners money by having
them reduce unnecessary packaging as described in some of the high-
profile case studies mentioned in section I.D. Industry Practices and
Consumer Trends.
It is expected that by reducing the packaging's overall bulk,
industry will be better positioned to ship their items efficiently and
effectively. Reducing excessive bulk packaging has proven effective in
increasing the amount of goods that can be loaded for transportation
and is therefore helpful in the distribution of products.
General Compliance Requirements
Focusing the regulatory changes on FSS contractors will enable GSA
to incentivize contractors to voluntarily provide SUP-free packaging
information through GSA's online system. The estimated cost per
contractor is $1,796.14. The calculations as to how GSA got to this
estimate are further described in section III.C.
The SUP-free packaging identification provision allows FSS
contractors to identify products that are either packaged or shipped
without single-use plastic packaging. The rule also includes a clause
for the contractor that allows for either a price premium or discount
for SUP-free packaging when such a premium or discount is consistent
with their commercial practice.
Benefits
This rule is intended to benefit GSA and customer agencies by
reducing the single-use plastic waste stream, and also FSS industry
partners by providing a new opportunity to showcase their responsible
environmental stewardship.
The Federal Government is the world's single largest purchaser of
goods and services, spending over $694 billion \25\ in contracts in
Fiscal Year 2022 alone. Public procurement can shift markets, drive
innovation, and be a catalyst for adoption of new norms and global
standards. Since the Federal Supply Schedules are the premiere entry
point for commercial contractors to sell products (and services and
solutions) to the Federal Government, the goal is to encourage the
adoption of a new procurement norm to reduce single-use, unrecyclable,
difficult to recycle, or frequently littered products plastic waste.
Practices introduced or highlighted for the Federal Supply Schedules
can easily be adopted into other Government contracts.
---------------------------------------------------------------------------
\25\ A Snapshot of Government-Wide Contracting for FY, April 15,
2023, <a href="https://www.gao.gov/blog/snapshot-government-wide-contracting-fy-2022">https://www.gao.gov/blog/snapshot-government-wide-contracting-fy-2022</a>.
---------------------------------------------------------------------------
Overall, the proposed rule is intended to benefit the public by
encouraging positive behaviors in reducing waste, and reducing product
costs by building in efficiencies. The rule is an initial step to
continue to work with industry partners in addressing the intersection
of waste materials and logistical efficiency in providing better
packaging. It is critical that GSA take this first step in working with
our suppliers in developing sustainable solutions together to meet
mutual future goals.
Estimated Public Costs
The following is a summary of the estimated cost impacts to the
public in addressing this new requirement to reduce single-use plastic
packaging. These costs are incurred one-time up-front and are not
recurring to participating contractors.
[[Page 88860]]
1. Regulatory Familiarization
Regulatory familiarization includes the amount of time and effort
it takes a company to become familiar with the requirements of the
rule. The identification provision and availability clause speak to the
behaviors that GSA wants to see industry adopt when doing business
under GSA contracts. The time to read over and digest the information
provided in this rule is negligible. The provision is similar to other
self-identifying provisions utilized in Government acquisition.
For this reason, the proposed regulations require more of a
familiarization in learning how to register in the etool; the
assumption is 1 hour of time. GSA calculated the time based on the
agency's subject matter expertise. We utilized the total number of
Federal Supply Schedule contracts. The formula to calculate this cost
is 14,000 contracts \26\ multiplied by 1 hour at a GS-12 \27\
equivalent rate. The total for this would equal $1,083,880.
---------------------------------------------------------------------------
\26\ This number is derived from a rolling average of data from
the FAS Schedules Sales Query (SSQ) dashboard for all FSS
contractors (<a href="https://d2d.gsa.gov/report/fas-schedule-sales-query-plus-ssq">https://d2d.gsa.gov/report/fas-schedule-sales-query-plus-ssq</a>). Baseline for FY20 was 14,145; FY21 was 14,109; FY22 was
14,343. Average number of FSS contractors for FY20 through FY22 is
14,199, rounded to 14,000.
\27\ 2023 Rest of US, 12 Step 5 x 2.0 fringe = $77.42; the rate
is adjusted upward by 100% to adjust for overhead and benefits.
---------------------------------------------------------------------------
2. SUP-Free Packaging Identification
The costs to comply with the SUP-free packaging identification
provision includes time for the offeror to analyze their product
catalog, identify existing SUP-free offerings, identify potential new
(SUP) packaging offerings, and complete the provision questions.
The anticipated average time, based on GSA's knowledge of the
schedule programs, to analyze the existing product catalog is 1 hour,
however if this assertion is incorrect the agency welcomes industry
feedback on this calculation or the following time calculations. The
anticipated average time to identify existing and potential new SUP-
free packaging offerings is 1 hour. The anticipated time to answer the
provision is 0.1 hours. The formula to calculate this cost is 14,000
contracts multiplied by 2.1 hours at a GS-12 \28\ equivalent rate. The
total for this would equal $2,276,148.
---------------------------------------------------------------------------
\28\ 2023 Rest of US, 12 Step 5 x 2.0 fringe = $77.42; the rate
is adjusted upward by 100% to adjust for overhead and benefits.
---------------------------------------------------------------------------
3. SUP-Free Packaging Availability
The costs to comply with the SUP-free Packaging Availability clause
includes time for the offeror to research and determine price premiums
or discounts for SUP-free offerings and submit the information.
The anticipated average time to research and determine the
applicable pricings is 20 hours. The anticipated time to complete the
submission is 0.1 hours. The formula to calculate this cost is 14,000
contracts multiplied by 20.1 hours at a GS-12 \29\ equivalent rate. The
total for this would equal $21,785,988.
---------------------------------------------------------------------------
\29\ 2023 Rest of US, 12 Step 5 x 2.0 fringe = $77.42; the rate
is adjusted upward by 100% to adjust for overhead and benefits.
---------------------------------------------------------------------------
4. Summary of Public Costs
The total estimated public cost of compliance with this rule, if
all FSS contractors adopted this voluntary requirement, would be
$25,146,016. The 14,000 participants are a conservative estimate since
the offeror's may choose if they want to provide SUP-free packaging as
defined. The 14,000 represents if all contractors were to comply, with
an average cost per contractor of $1,796.14.
Once recorded, there is no anticipated additional cost during
subsequent years of performance unless the offeror is providing
additional SUP-free packaging options. However, this cost would be
absorbed with the cost the contractor would experience any time that
they modified their Federal Supply Schedule price list, which they
would do regardless if the rule was issued.
With the Schedule contractors' identification of SUP-free packaging
being voluntary, the indirect benefits to adopting this change far
outweigh the costs. FSS Contractors who voluntarily comply will have a
competitive advantage by being able to market themselves utilizing the
new SUP-free packaging icon on GSA Advantage![supreg]. Schedule
contractors are able to invest in this change which may provide greater
visibility on GSA's electronic tools to Federal buyers. With the market
trending in this direction, accepting this change may assist GSA
Schedule contractors in their overall marketing efforts within the
private sector as well.
GSA Costs
1. Update to GSA e-Tools
GSA reviewed various electronic tools that could support this rule.
At this time the agency plans to utilize existing online tools such as
GSA Advantage![supreg] which has the benefit of keeping costs low by
utilizing IT infrastructure that already exists, and the added benefit
of industry partners knowing how to utilize the system. If there are
alternative GSA tools that would be more beneficial to utilize, then
please provide that feedback.
Capitalizing on the user interface knowledge, for both the GSA and
industry, is pivotal in being able to implement the rule quickly.
The estimated hours to update the existing systems is 800 hours
(assuming 5 employees working full time on this project for 4 weeks) at
a GS-12 \30\ equivalent rate. The total for this effort would equal
$61,936 (800 x $77.42).
---------------------------------------------------------------------------
\30\ 2023 Rest of US, 12 Step 5 x 2.0 fringe = $77.42; the rate
is adjusted upward by 100% to adjust for overhead and benefits.
---------------------------------------------------------------------------
2. Workforce Familiarization
GSA contracting officers will need to become familiar with the new
policy at GSAR 502, 538, and 552. The GSA contracting officers will
need to review these changes, interpret them, and apply them as
prescribed.
GSA contracting officers are required to remain current on policies
for procurement, such as changes to the GSAR. Review of such policy
changes are considered a part of the normal duties of contracting
personnel. As such, this analysis does not quantify the time and effort
for contracting officers to become familiar with the rule. It is
acknowledged that there is time and effort involved for the acquisition
workforce to become familiar with the rule or the tools available and
to assist contractors with compliance, though those potential burden
hours and costs are minimal.
3. SUP-Free Packaging Material Costs
GSA estimates that price premiums and discounts for SUP-free
packaging will average out to zero additional cost.
4. Summary of GSA Costs
The total estimated GSA cost of implementation of this rule would
be $61,936.
Alternatives Considered
When researching how to address this rule, several solutions were
considered. After publishing the ANPR, it was determined that a rule
that focused on reduction is preferable to alternatives such as
recycling or mandatory elimination of plastic packaging.
GSA's mission is unrelated to environmental regulated programs such
as recycling. Additionally, the recycling programs that GSA utilizes
vary and are governed at local, municipal levels where the agency's
offices are located.
Further, a rule seeking a mandatory elimination of plastic
packaging may not be a feasible solution depending on what is being
procured. For some supplies, such as healthcare products,
[[Page 88861]]
plastic packaging can be a beneficial material. This rule is not
seeking plastic elimination as users of Federal Supply Schedules may
have a need for a product packaged with single use plastic, so a broad
elimination may not be beneficial.
While there are identified alternatives to reach a sustainable
outcome regarding packaging, GSA is cognizant to not issue a broad rule
without providing space for industry to pivot, and is interested in
public feedback. Given the different types of products that GSA
procures, a rule asking for changes to packaging that provides
flexibility is the best method to keep costs down, while reaching a
sustainable solution.
Questions for the Public
GSA is seeking public comment, including, as indicated above,
regarding the potential impact of this rule on industry seeking to do
business with the Federal Government through the FSS program.
Questions that GSA are asking the public about are as follows:
1. Are the definitions as currently described in the proposed rule
clear?
2. Are the identification questions described in the proposed
provision clear?
3. If you are a small business, do you foresee any potential
impacts from the proposed rule? If yes please clarify if you anticipate
either positive or negative impacts.
4. Are the time estimates provided in the current analysis
accurate? Current analysis is 1 hour to learn how to register in the e-
tool, 2.1 hours for SUP-free packaging identification, and 20.1 hours
for the SUP-free packaging research?
IV. Executive Orders 12866, 13563, and 14094
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
E.O. 14094 (Modernizing Regulatory Review) supplements and reaffirms
the principles, structures, and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563.
OIRA has determined this rule to be a significant regulatory
action. As a significant rule, this action is subject to review under
section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993.
V. Regulatory Flexibility Act
GSA does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S. 601, et seq. because the rule change
allows for many different solutions to the offeror as to how to propose
a solution that considers transitioning from plastic packaging to SUP-
free packaging.
Furthermore, the rule change does not dictate how to determine what
is redundant packaging or not, as discussed throughout the above
analysis. Industry partners, to include small entities, have
flexibility to provide solutions that meet their business needs, as
well as potentially save cost by reducing redundant packaging. However,
an Initial Regulatory Flexibility Analysis (IRFA) has been prepared
consistent with 5 U.S.C. 603 and is summarized below.
The proposed rule will apply to large and small businesses. For
purposes of this assessment, information generated from the FAS
Schedule Sales Query Plus (SSQ+) has been used as the basis for
estimating the number of contractors that may be involved. There are
approximately 14,000 FSS contractors, of which over 12,000 (85%)
were small business entities.
The rule includes a provision for offerors to self-identify if
they include single-use plastic (SUP) free packaging. The manner in
which the offeror is answered, is then visible in a GSA electronic
tool, which is provided by the agency. There are no fees associated
with the identification tool, and the provision consists of two
questions.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no known alternatives to this rule which would
accomplish the stated objectives. Rule alternatives that could meet
similar objectives are not advantageous to either the GSA or
industry due to excessive cost and burden. An alternative would be
to mandate specific types of packaging. Depending on the industry,
there may be unintended cost consequences for a total change in
packaging (for example transitioning from plastic to glass, the
unintended cost might be due to transportation of a heavier
product). For this reason the rule provides flexibility to industry
to offer the Government solutions on reducing waste.
The Regulatory Secretariat will be submitting a copy of the Initial
Regulatory Flexibility Analysis (IRFA) to the Chief Counsel for
Advocacy of the Small Business Administration. A copy of the IRFA may
be obtained from the Regulatory Secretariat Division. GSA invites
comments from small business concerns and other interested parties on
the expected impact of this rule on small entities.
GSA will consider comments from small entities as they relate to
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (GSAR Case 2022-G517) in
correspondence.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 3501) does apply
because the proposed rule contains information collection requirements.
The existing Office of Management and Budget (OMB) Control Number 3090-
0303 titled ``Federal Supply Schedule Solicitation Information'' will
be updated to reflect the information to be collected through GSAR
552.238-XXX and GSAR 552.238-YYY.
A. Public Reporting Burden
Public reporting burden specific to this proposed rule and the
revision to collection of information previously approved is voluntary
and includes the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information.
GSAR 552.238-XXX
The annual reporting burden is estimated as follows:
Respondents: 3,500.
Responses per Respondent: 1.
Total Responses: 3,500.
Hours per Response: 2.
Total Burden Hours: 7,000.
GSAR 552.238-YYY
The annual reporting burden is estimated as follows:
Respondents: 3,500.
Responses per Respondent: 1.
Total Responses: 3,500.
Hours per Response: 2.
Total Burden Hours: 7,000.
B. Public Comments
Public comments are particularly invited on: Whether this
collection of information is necessary and whether it will have
practical utility; whether our estimate of the public burden of this
collection of information is accurate and based on valid assumptions
and methodology; and ways to enhance the quality, utility, and clarity
of the information to be collected.
Requesters may obtain a copy of the information collection
documents from
[[Page 88862]]
the GSA Regulatory Secretariat Division, by calling 202-501-4755 or
emailing <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="74332735261113271117341307155a131b02">[email protected]</a>. Please cite ``Information Collection 3090-
0303'', in all correspondence.
List of Subjects in 48 CFR Parts 502, 538, and 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA proposes amending 48 CFR parts 502, 538 and 552 as
set forth below:
0
1. The authority citation for 48 CFR parts 502, 538 and 552 continue to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 502--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 502.101 by adding in alphabetical order the
definitions of ``Packaging'', ``Plastic'', ``Single use plastic
(SUP)'', and ``Single-use plastic (SUP) free packaging'' to read as
follows:
502.101 Definitions.
* * * * *
Packaging is the material used to protect an item. Packaging
includes, but is not limited to: brand packaging, ancillary packaging,
grouped packaging, and redundant packaging.
(1) Brand packaging, sales packaging or primary packaging is
packaging intended to provide the user or consumer with the individual
unit of the product, such as plastic casing.
(2) Shipping packaging, serves as protection for the goods to
ensure safe transport to the end customer, including:
(i) Ancillary packaging or transport packaging is packaging
intended to secure the product, such as packing peanuts, wrapping
materials, or molded materials.
(ii) Grouped packaging or secondary packaging is packaging intended
to bundle, sell in bulk, brand, or market/display products.
(iii) Redundant packaging or unnecessary packaging is packaging
that does not add any measurable protection to the supply being
shipped, such as multiple layers of bubble wrap to an already durable
product that is encased in a cardboard box. An example of this is a
home testing kit with all plastic components already packaged in a
cardboard box with cardboard inserts to absorb shock, that is then
shipped in multiple layers of bubble wrap. In this example the bubble
wrap is the redundant single-use plastic packaging.
Plastic means a synthetic or semisynthetic material chemically
synthesized by the polymerization of organic substances that can be
shaped into various rigid and flexible forms, and includes coatings and
adhesives. ``Plastic'' excludes natural rubber or naturally occurring
polymers such as proteins or starches.
Single-use plastic (SUP) packaging means any plastic used for the
containment, protection, handling, delivery, or presentation of goods
by a producer for a consumer with the intent of being disposed of
immediately after use. Disposal of the product meaning that it is
routinely recycled, disposed of, or discarded after its contents have
been used or unpackaged, and typically not refilled or otherwise reused
by the producer. Packaging includes, but is not limited to ancillary
packaging, brand/sales packaging, grouped packaging, and redundant
packaging.
Single-use plastic (SUP) free packaging means product or shipping
containment materials free of single-use plastic. Examples may include,
but are not limited, to corrugated cardboard, paper products, and paper
backed tape.
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
0
3. Amend section 538.273 by--
0
a. Adding paragraph (a)(4);
0
b. Removing from paragraph (b) the phrase ``to 52.212-1'' and adding
``to FAR 52.212-1'' in its place;
0
c. Removing from paragraph (c) the phrase ``to 52.212-2'' and adding
``to FAR 52.212-2'' in its place;
0
d. Removing from paragraph (d) the phrase ``to Clause 52.212-4'' and
adding ``to FAR 52.212-4'' in its place;
0
e. Adding paragraph (d)(38); and
0
f. Removing from paragraph (e) the word ``clause''.
The additions read as follows:
538.273 FSS solicitation provisions and contract clauses.
* * * * *
(a) * * *
(4) 552.238-XXX, Single-use Plastic Free Packaging Identification.
* * * * *
(d) * * *
(38) 552.238-YYY, Single-use Plastic Free Packaging Availability.
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 552.238-88 by--
0
a. Revising the date of the clause; and
0
b. Adding paragraph (c).
The revision and addition read as follows:
552.238-88 GSA Advantage![supreg].
* * * * *
GSA Advantage![supreg] (DATE)
* * * * *
(c) Single use plastic (SUP) free packaging icon. Contractors
are encouraged to utilize the GSA Advantage![supreg] single-use
plastic (SUP) free packaging icon when applicable (see 552.238-XXX).
The offeror may include in their price list if the contractor is
providing SUP-free packaging (either for shipping or as part of the
product packaging) at either a price premium or discount (see
552.238-YYY).
(End of clause)
0
5. Add section 552.238-XXX and 552.238-YYY to read as follows:
552.238-XXX Single-use Plastic (SUP) Free Packaging Identification.
As prescribed in 538.273(a), insert the following provision:
Single-use Plastic Free Packaging Identification (DATE).
(a) Single-use plastic free packing promotions. Ordering
activities may focus their GSA Advantage![supreg] search on the
designated icons and price to meet climate objectives. Contractors
who want to be considered must include SUP-free packaging as defined
in 502.101.
(b) Procedures. Offerors may complete the information in
paragraph (c) when the resulting contract includes supplies.
(1) SUP-free brand packaging. Schedule contractors may
incorporate this information as part of their Schedule price list
once the products that utilize SUP-free brand packaging are
incorporated under their Schedule contract, prior to competing for
an order for the identified product.
(2) SUP-free shipping packaging. If the offeror is a reseller
who is unable to address the brand packaging, but would like to
pursue the icon for SUP-free shipping packaging, they may identify
this availability.
If already identified, notify the Schedule contract's
contracting officer with your response.
(c) Optional identification requirements. In order to be
considered for the designated icons noted in paragraph (d), the
offeror must provide the following information.
(1) SUP-free brand packaging. The offeror identifies that some
or all supplies delivered under a contract resulting from this
solicitation ___ will use SUP-free brand packaging. SUP-free brand
packaging where applicable should be included in the offer's price
list.
(2) SUP-free shipping packaging.
(i) The offeror identifies that some or all the supplies to be
delivered under a contract resulting from this solicitation__ will
use SUP-free shipping packaging. SUP-free shipping packaging where
applicable should be included in the offer's price list.
(ii) If the offeror responded ``will'' in paragraph (c)(i) of
this provision, the offeror identifies that the SUP-free shipping
[[Page 88863]]
packaging__does need to be requested by the ordering official.
(d) Identification standards. SUP-free packaging icons for the
types identified in paragraph (c), will be available on GSA
Advantage![supreg], as applicable.
(e) Verification of SUP-free packaging. An offeror, in
identifying an item with SUP-free packaging, must possess evidence
or rely on a reasonable basis to substantiate the claim. The
Government will accept an offeror's claim of SUP-free packaging on
the basis of possession of competent and reliable evidence. For any
test, analysis, research, study, or other evidence to be ``competent
and reliable,'' it must have been conducted and evaluated in an
objective manner, using procedures generally accepted in the
profession to yield accurate and reliable results.
(End of Provision)
552.238-YYY Single-use Plastic (SUP) Free Packaging Availability.
As prescribed in 538.273(d), insert the following clause:
Single-use Plastic Free Packaging Availability (DATE).
(a) Definitions. As used in this clause--
Single-use plastic (SUP) packaging means any plastic used for
the containment, protection, handling, delivery, or presentation of
goods by a producer for a consumer with the intent of being disposed
of immediately after use. Disposal of the product meaning that it is
routinely recycled, disposed of, or discarded after its contents
have been used or unpackaged, and typically not refilled or
otherwise reused by the producer. Packaging includes, but is not
limited to ancillary packaging, brand/sales packaging, grouped
packaging, and redundant packaging.
Single-use plastic (SUP) free packaging means product or
shipping containment materials free of single-use plastic. Examples
may include, but are not limited, to corrugated cardboard, paper
products, and paper backed tape.
(b) General. The Contractor, in connection with this contract,
is encouraged to--
(1) Evaluate their products for redundant or unnecessary
packaging that can be eliminated without affecting quality.
(2) Package all products for shipment according to the
Government's instructions or, if there are no instructions, in a
manner sufficient to ensure that the products are delivered in
undamaged condition with as little plastic waste material as
possible.
(3) Limit the use of plastic packaging materials that have a
high likelihood of not being reused or recycled, as appropriate
(e.g., plastic casing or wrapping).
(4) Adopt SUP-free packaging to the maximum extent practicable,
as appropriate.
(c) Procedures.
(1) Price premiums and discounts. For any single-use plastic
(SUP) free packaging identified per 552.238-XXX, SUP-Free Packaging
Identification the Contractor may include in the submitted price
list (see the MAS solicitation instructions for submitting price
list, including I-FSS-600) SUP-free packaging. The submitted price
list may include a separate means of displaying information
regarding product packaging. If the contractor is providing SUP-free
packaging at either a price premium or discount, this should be
clearly identified in the submitted price list.
(2) Submission requirements. As additional SUP-free packaging
becomes available, the Contractor is encouraged to notify GSA of
these changes, and is responsible for keeping all electronic catalog
data current.
(3) Identification of SUP-free packaging. For easy
identification of SUP free packaging, once available, GSA will use a
SUP-free packaging icon in GSA Advantage![supreg].
(i) Offerors who provide SUP-free packaging and want to benefit
from the GSA Advantage![supreg] SUP-free packaging icon must provide
the information required in 552.238-XXX, Single-use Plastic (SUP)
Free Packaging Identification.
(ii) The Contractor is encouraged to place the GSA logo and GSA
Advantage![supreg] SUP-free packaging icon on their website and FSS
price list for applicable supplies, see <a href="https://www.gsa.gov/logos">https://www.gsa.gov/logos</a>.
If the Contractor elects to use the GSA logo or icon, the website
must clearly distinguish between those items awarded on the GSA
contract and any other items offered by the Contractor on an open
market basis.
(d) Reliability. Accuracy of information and computation of
prices for this clause is the responsibility of the Contractor. In
addition to the other remedies available in the contract, the
remedies may include, but are not limited to, the following:
(1) If SUP-free packaging is provided at a higher rate but
different packaging is received, the Government may pursue
corrective action.
(2) If SUP-free packaging is utilized, but the product received
is damaged, the Contractor shall replace the item, or the Government
may pursue corrective action.
(3) Inclusion of incorrect information in the price list
regarding SUP-free packaging may cause the Contractor to correct and
resubmit the price list.
(4) Failure to correct applicable information for this clause,
may constitute sufficient cause for termination, pursuant to FAR
52.212-4, Contract Terms and Condition-Commercial Products and
Commercial Services, or remedies as provided by law.
(End of clause)
[FR Doc. 2023-27942 Filed 12-22-23; 8:45 am]
BILLING CODE 6820-61-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.