The rule associated with FAR Case 2006-030 finalizes, without change, an interim rule issued with FAC 2005-23, which amended the FAR to require use of the Electronic Products Environmental Assessment Tool when acquiring personal computer products such as desktops, notebooks or laptops, and monitors pursuant to the Energy Policy Act of 2005 and Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management." EPEAT is a system that helps purchasers in the public and private sectors evaluate, compare, and select computers and computer components based on the environmental attributes of the equipment. EPEAT also provides a clear and consistent set of performance criteria for the design of products, and an opportunity for manufacturers to secure market recognition for efforts to reduce the environmental impact of their products. The interim rule revised FAR Subpart 23.7, which implements the requirements for acquiring environmentally preferable products and services, and prescribed a new clause, FAR 52.223-16 (also included in FAR 52.212-5 for acquisition of commercial items), for all solicitations and contracts for the acquisition of personal computer products, services that require furnishing of personal computer products for use by the government, and services for contractor operation of government-owned facilities. The rule also added a new provision at FAR 23.701 that defines a "personal computer product" to include notebook computers, desktop computers, or computer monitors, and all peripherals that are integral to the operation of these items, consistent with the IEEE 1680 standard. In accordance with Section 7 of E.O. 13423 , the EPEAT requirement applies only to contracts performed in the United States, unless otherwise authorized in agency procedures. This rule also impacts FAR 11.101, FAR 23.702, FAR 23.705, FAR 23.706, FAR 39.101, and FAR 52.223-10.
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Item IX of FAC 2005-30 implements a technical amendments final rule to the FAR. The rule makes an editorial change at FAR 15.101-2. This technical change has a January 15, 2009, effective date. Also, FAC 2005-30 includes a Small Entity Compliance Guide, which was prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. The Guide identifies two rules --FAR Case 2001-004 and FAR Case 2006-030 --as having a corresponding regulatory flexibility analysis.
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