
[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Rules and Regulations]
[Pages 4211-4216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01166]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1523 and 1552

[EPA-HQ-OARM-2014-0515; FRL-9916-21-OARM]


Environmental Protection Agency Acquisition Regulation (EPAAR); 
Environmental, Conservation, Occupational Safety, and Drug-Free 
Workplace

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA 
Acquisition Regulation (EPAAR) to address minor non-substantive changes 
in three clauses and two related prescriptions. The direct final rule 
updates ``Protection of Human Subjects'', ``Care of Laboratory 
Animals'', and ``EPA Green Meetings and Conferences''. EPA does not 
anticipate any adverse comments.

[[Page 4212]]


DATES: This rule is effective on March 30, 2015 without further notice, 
unless adverse comment is received February 26, 2015. If adverse 
comment is received, the EPA will publish a timely withdrawal of the 
rule in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2014-0515 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: docket.oei@epa.gov.
     Fax: (202) 566-1753.
     Mail: EPA-HQ-OARM-2014-0515, OEI Docket, Environmental 
Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 
20460. Please include a total of three (3) copies.
     Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA 
West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004. 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-
2014-0515. 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 email. 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 email comment directly to EPA without 
going through http://www.regulations.gov your email 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Government 
Property-Contract Property Administration Docket, EPA/DC, EPA West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744 and the telephone number for the EPA 
Docket Center is (202) 566-1752. This Docket Facility is open from 8:30 
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Holly Hubbell, Policy, Training, and 
Oversight Division, Acquisition Policy and Training Service Center 
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-564-1091; email address: 
hubbell.holly@epa.gov.

SUPPLEMENTARY INFORMATION:

General Information

    1. Do not submit Classified Business Information (CBI) to EPA Web 
site http://www.regulations.gov or email. Clearly mark the part or all 
of the information that you claim to be CBI. For CBI information in a 
disk or CD-ROM that you mail to EPA, mark the outside of the disk or 
CD-ROM as CBI, and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) Part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    3. Make sure to submit your comments by the comment period deadline 
identified.

I. Background

    The EPA is revising EPAAR 1552.223-70 Protection of Human Subjects 
and 1552.223-72 Care of Laboratory Animals to update the clauses with 
current references and legislative information. Except for 
administrative changes, the clauses were last updated in 1984 and 2000, 
respectively. Prescription 1523.303-72 for EPAAR 1552.223-72 clarifies 
the applicability of the clause of care and use. The revisions to 
prescription 1523.703-1 Acquisition of Environmentally Preferable 
Meeting and Conference Services updates the applicability of clause 
1552.223-71 EPA Green Meetings and Conferences. The revision of EPAAR 
1552.223-71 replaces the ``14 questions'' with more relevant questions 
which clarify the current requirements for environmentally preferred 
facilities.

II. Final Rule

    This final rule makes the following changes:
    1. Revise prescription EPAAR 1523.303-72 to clarify the 
applicability of the clause EPAAR 1552.223-72 Care of Laboratory 
Animals.
    2. Revise prescription EPAAR 1523.703-1 to clarify the 
applicability of clause 1552.223-71 requiring information about the 
environmental preferability features and practices of lodging and non-
lodging oriented meeting and conference facilities.

[[Page 4213]]

    3. Revise EPAAR 1552.223-70 to update the legislative and guidance 
references and information.
    4. Revise EPAAR 1552.223-71 by replacing the ``14 questions'' with 
more relevant questions that better clarify essential attributes for 
environmentally preferred facilities.
    5. Revise EPAAR 1552.223-72 to update the legislative references 
and guidance information.

Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO 12866 and 13563 (76 FR 
3821, January 21, 2011).

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. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
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 
impact of today's final rule on small entities, ``small entity'' is 
defined as: (1) A small business that meets the definition of a small 
business found in the Small Business Act and codified 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; or (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 
this rule on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, because the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities'' 5 U.S.C. 503 
and 604. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule. This 
action revises current EPAAR clauses and will not have a significant 
economic impact on substantial number of small entities. We continue to 
be interested in the potential impacts of the rule on small entities 
and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, and tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of Sections 202 or 205 of the UMRA. This 
action is also not subject to the requirements of section 203 of UMRA 
because it contains no regulatory requirements that might significantly 
or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. Thus, Executive Order 13132 does 
not apply to this action. In the spirit of Executive Order 13132, and 
consistent with EPA policy to promote communications between EPA and 
State and local governments, EPA specifically solicits comment on this 
action from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive 
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997), 
applies to any rule that: (1) Is determined to be economically 
significant as defined under EO 12886, and (2) concerns an 
environmental health or safety risk that may have a proportionate 
effect on children. This rule is not subject to EO 13045 because it is 
not an economically significant rule as defined by EO 12866, and 
because it does not have a proportionate effect on children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28335 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This action 
does not involve technical standards. Therefore, EPA is not considering 
the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high

[[Page 4214]]

and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA has determined that this final 
rule will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations because it 
does not affect the level of protection provided to human health or the 
environment in the general public.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules (1) rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of Agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of agency organization, procedure, or practice 
that does not substantially affect the rights or obligations of non-
agency parties.

List of Subjects

48 CFR Part 1523

    Environmental protection, Acquisition of environmentally preferable 
meeting and conference services, Care of laboratory animals, 
Environmental, conservation, occupational safety, and drug-free 
workplace, Government procurement.

48 CFR Part 1552

    Environmental protection, Care of laboratory animals, EPA green 
meetings and conferences, Protection of human subjects, Government 
procurement.

    Dated: January 7, 2015.
John R. Bashista,
Director, Office of Acquisition Management.

    For the reasons stated in the preamble, Chapter 15 of Title 48 Code 
of Federal Regulations, parts 1523 and 1552 are amended as set forth 
below:

PART 1523--ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND 
DRUG-FREE WORKPLACE

0
1. The authority citation for part 1523 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

0
2. Revise 1523.303-72 to read as follows:

1523.303-72  Use and care of laboratory animals.

    Contracting officers shall insert the clause at 1552.223-72, Use 
and Care of Laboratory Animals, in all contracts involving the use of 
animals in testing, research or training.

0
3. Revise 1523.703-1 to read as follows:


1523.703-1  Acquisition of environmentally preferable meeting and 
conference facilities and services.

    (a) Scope. This section establishes the policy and the procedures 
for acquiring environmentally preferable meeting and conference 
facilities and services. For purposes of this section, the term 
``contracting officer'' refers to any EPA employee with purchasing 
authority. For purposes of this section, the terms ``meeting and 
conference facilities'' or ``conference facilities'' refer to any off-
site commercial facility which is purchased for the use of an EPA 
conference or event, whether the purpose of the event is a meeting, 
conference, training session, or other official purpose.
    (b) Conference facilities. EPA conducts government events at 
facilities owned and operated by private, third-party vendors. These 
facilities--
    (1) May provide conference participants with lodging, food and 
beverage, and other on-site event support services.
    (2) Demonstrate they are environmentally preferable by their 
responses to the 17 questions in 1552.223-71(c) highlighting 
environmental performance. These questions address, among other things, 
reducing greenhouse gas (GHG) emissions, the production and disposal of 
solid waste, the use of and exposure to toxic chemicals/materials, and 
the depletion of natural resources including water.
    (c) Policy. Contracting officers shall purchase environmentally 
preferable meeting and conference facilities and services to the 
greatest extent practicable. Environmentally preferable is defined at 
FAR 2.101 and shall be considered in all purchases of meeting and 
conference facilities and services.
    (d) Procedures for micropurchases. The contracting officer shall 
request that potential third party conference facility vendors respond 
to the 17 questions in 1552.223-71(c) or language substantially the 
same as these questions, in order to evaluate their environmental 
performance.
    (e) Procedures for purchases of conference facilities exceeding the 
micropurchase threshold. The contracting officer shall request that 
potential third party conference facility vendors respond to the 17 
questions in 1552.223-71(c) or language substantially the same as these 
questions, in order to evaluate their environmental performance. The 
contracting officer shall notify vendors that the basis for award will 
be best value with price and other factors considered. Environmental 
preferability, as determined by evaluating the information submitted in 
response to the questions and specifications at 1552.223-71(c) or 
information submitted in response to substantially similar questions 
and specifications, shall be considered among the other factors. The 
contracting officer shall determine the relative importance of price 
and other factors as appropriate to the acquisition, but in all cases 
shall consider environmental preferability as a significant factor.
    (f) 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 
requirements to make use of environmentally preferable meeting and 
conference facilities and services. The contracting officer shall 
ensure language is included in the tasking document work statement that 
requires the contractor to use the provisions at 1552.223-71 or 
language approved by the contracting officer that is substantially the 
same as the provisions, when soliciting quotes or offers for meeting 
and conference services on behalf of the EPA.
    (g) Solicitation provision. The contracting officer shall insert 
provisions or language substantially the same as the provisions 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 these provisions, though they 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 provisions, or language approved by the contracting 
officer that

[[Page 4215]]

is substantially the same as the provisions.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. The authority citation for 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.


0
5. Revise 1552.223-70 to read as follows:


1552.223-70  Protection of human subjects.

    As prescribed in 1523.303-70, insert the following contract clause 
when the contract involves human test subjects.

Protection of Human Subjects March 2015

    (a) The contractor shall meet all EPA requirements for studies 
using human subjects prior to undertaking any work with human 
subjects in accordance with 40 CFR part 26 and EPA Order 1000.17 A1 
Policy and Procedures on Protection of Human Research Subjects in 
EPA Conducted or Supported Research. Studies involving intentional 
exposure of human subjects who are children or pregnant or nursing 
women are prohibited. Requirements regarding observational studies 
involving children or pregnant women and fetuses are referenced in 
subparts C and D of 40 CFR part 26.
    (b) The contractor's Institutional Review Board (IRB) approval 
must state that the contractor's study meets the EPA's regulations 
at 40 CFR part 26 and EPA Order 1000.17 A1. No work involving human 
subjects, including recruiting, may be initiated before the EPA has 
received a copy of the contractor's IRB approval of the project and 
the EPA has also issued approval. Where human subjects are involved 
in the research, the contractor must provide evidence of subsequent 
IRB reviews, including amendments or minor protocol changes, as part 
of annual reports.
    (c) The contractor shall bear full responsibility for the proper 
and safe performance of all work and services involving the use of 
human subjects under this contract and shall ensure that work is 
conducted in a proper manner and as safely as is feasible. The 
contractor agrees that it has entered into this contract and will 
discharge its obligations, duties, and undertakings and the work 
pursuant thereto, whether requiring professional judgment or 
otherwise, as an independent contractor without imputing liability 
on the part of the government for the acts of the contractor, its 
employees, sub-contractors, consultants, heirs, assignees, etc.
    (d) If at any time during the performance of this contract, the 
contracting officer determines that the contractor is not in 
compliance with any of the requirements and/or standards stated in 
above, the contracting officer may immediately suspend, in whole or 
in part, work and further payments under this contract until the 
contractor corrects the noncompliance. The contracting officer may 
communicate the notice of suspension by telephone with confirmation 
in writing. If the contractor fails to complete corrective action 
within the period of time designated in the contracting officer's 
written notice of suspension, the contracting officer may terminate 
this contract in whole or in part.


(End of clause)

0
6. Revise 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 facilities.

EPA Green Meetings and Conferences March 2015

    (a) The mission of the EPA is to protect human health and the 
environment. As such, all EPA 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) Potential meeting or conference facility providers for EPA 
shall provide information about the environmentally preferable 
features and practices identified by the checklist contained in 
paragraph (c) of this section, addressing sustainability for meeting 
and conference facilities including lodging and non-lodging oriented 
facilities.
    (c) The following list of questions is provided to assist 
contracting officers in evaluating the environmental perferability 
of prospective meeting and conference facility providers. More 
information about EPA's Green Meetings initiative may be found on 
the Internet at http://www.epa.gov/oppt/greenmeetings/.
    (1) Does your facility track energy usage and/or GHG emissions 
through ENERGY STAR Portfolio Manager (http://www.energystar.gov/benchmark) or some other calculator based on a recognized greenhouse 
gas tracking protocol? Y/N__
    (2) If available for your building type, does your facility 
currently qualify for the Energy Star certification for superior 
energy performance? Y/N __, NA__
    (3) Does your facility track water use through ENERGY STAR 
Portfolio Manager or another equivalent tracking tool and/or 
undertake best management practices to reduce water use in the 
facility (http://www.epa.gov/watersense/commercial)? Y/N__
    (4) Do you use landscaping professionals who are either 
certified by a WaterSense recognized program or actively undertake 
the WaterSense ``Water-Smart'' landscaping design practices (http://www.epa.gov/watersense/outdoor)? Y/N__, NA__
    (5) Based on the amount of renewable energy your buildings uses, 
does (or would) your facility qualify as a partner under EPA's Green 
Power Partnership program (http://www.epa.gov/greenpower/join/purchase.htm)?
 Y/N__
    (6) Do you restrict idling of motor vehicles in front of your 
facility, at the loading dock and elsewhere at your facility? Y/N__
    (7) Does your facility have a default practice of not changing 
bedding and towels unless requested by guests?
Y/N__, NA__
    (8) Does your facility participate in EPA's WasteWise (http://www.epa.gov/epawaste/conserve/smm/wastewise/) and/or Food Recovery 
Challenge (http://www.epa.gov/foodrecoverychallenge/) programs? Y/
N__
    (9) Do you divert from landfill at least 50% of the total solid 
waste generated at your facility? Y/N__
    (10) Will your facility be able to divert from the landfill at 
least 75% of the total solid waste expected to be generated during 
this conference/event? Y/N__
    (11) Do you divert from landfill at least 50% of the food waste 
generated at your facility (through donation, use as animal feed, 
recycling, anaerobic digestion, or composting)? Y/N__
    (12) Will your facility be able to divert from landfill at least 
75% of the food waste expected to be generated during this 
conference/event (through donation, use as animal feed, recycling, 
anaerobic digestion, or composting)?
Y/N__
    (13) Does your facility provide recycling containers for 
visitors, guests and staff (paper and beverage at minimum)? Y/N__
    (14) With respect to any food and beverage prepared and/or 
served at your facility, does at least 50% of it on average meet 
sustainability attributes such as: Local, organic, fair trade, fair 
labor, antibiotic-free, etc.? Y/N__
    (15) Will your facility be able to ensure that at least 75% of 
the food and beverage expected to be served during this conference/
event meets sustainability attributes such as: Local, organic, fair 
trade, fair labor, antibiotic-free, etc.? Y/N__
    (16) Does your facility use Design for the Environment (DfE) 
cleaning products (http://www.epa.gov/dfe/), or similar products 
meeting other recognized standards for being `environmentally 
preferable' (http://www.epa.gov/epp/) or more sustainable? Y/N__
    (17) Is your facility prepared to document or demonstrate all of 
the claims you have made above? Y/N__
    (d) The contractor shall include any additional ``Green 
Meeting'' information in their proposal which is believed is 
pertinent to better assist us in considering environmental 
preferability in selecting our meeting venue.

0
7. Revise 1552.223-72 to read as follows:


1552.223-72  Use and care of laboratory animals.

    As prescribed in 1523.303-72, insert the following clause in all 
contracts involving the use of animals in testing, research or 
training:

[[Page 4216]]

Use and Care of Laboratory Animals March 2015

    (a) Use of laboratory animals. (1) Before undertaking 
performance of any contract involving the use of laboratory animals, 
the contractor shall register with the Secretary of Agriculture of 
the United States in accordance with the Secretary of Agriculture of 
the United States in accordance with the Animal Welfare Act of 1966, 
as amended (AWA), codified at 7 U.S.C. 2131 et seq. and promulgated 
at 9 CFR parts 1-4. The contractor shall furnish evidence of such 
registration to the contracting officer.
    (2) The contractor shall acquire animals used in research and 
development programs from a dealer licensed by the Secretary of 
Agriculture, or from exempted sources in accordance with 9 CFR 2.25-
2.28. Animals shall not be acquired from any random source Class B 
dealer.
    (3) The contractor may request registration of his/her facility 
and a current listing of licensed dealers from the Regional Office 
of the Animal and Plant Health Inspection Service (APHIS), USDA, for 
the region in which his/her research facility is located. The 
location of the appropriate APHIS Regional Office as well as 
information concerning this program may be obtained at http://www.aphis.usda.gov/contact_us/.
    (b) Care of laboratory animals. (1) In the care of any live 
animals used or intended for use in the performance of this 
contract, the contractor shall adhere to:
    (i) The standards and practices incorporated in the Guide for 
Care and Use of Laboratory Animals, prepared by the Institute of 
Laboratory Animal Research of the National Research Council of the 
National Academies (ILAR/NRC),
    (ii) The Animal Welfare Regulations found in 9 CFR parts 1-4, 
and
    (iii) The National Institutes of Health (NIH) Public Health 
Service (PHS) Policy on the Humane Care and Use of Laboratory 
Animals.
    (2) In case of conflict between standards, the higher standard 
shall be used.
    (3) The contractor's reports on portions of the contract in 
which animals were used shall contain a certificate stating that the 
animals were cared for in accordance with the principles enunciated 
in the Guide for Care and Use of Laboratory Animals, prepared by the 
ILAR/NRC, and/or in the Animal Welfare Regulations found in 9 CFR 
parts 1-4.


(End of clause)

[FR Doc. 2015-01166 Filed 1-26-15; 8:45 am]
BILLING CODE 6560-50-P


