part ii - contract clauses

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DE-AC05-00OR22725 Modification No. 341 Section I (i) Major group code 10 (except 1011, 1081, and 1094. (ii) Major group code 12 (except 1241). (iii) Major group codes 20 through 39. (iv) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce). (v) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.)), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or (5) The facility is not located in the United States or its outlying areas. (c) If the Contractor has certified to an exemption in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any of its owned or operated facilities used in the performance of this contract is no longer exempt - (1) The Contractor shall notify the Contracting Officer; and (2) The Contractor, as owner or operator of a facility used in the performance of this contract that is no longer exempt, shall - (i) (ii) Submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the facility becomes eligible; and Continue to file the annual Form R for the life of the contract for such facility. (d) (e) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements. Except for acquisitions of commercial items as defined in FAR Part 2, the Contractor shall - (1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the DE-AC05-00OR22725 Section I—Page 94 of 276
DE-AC05-00OR22725 Modification No. 341 Section I provision at FAR 52.223-13, Certification of Toxic Chemical Release Reporting; and (2) Include in any resultant subcontract exceeding $100,000 (including all options), the substance of this clause, except this paragraph (e). I.61 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) (a) Definition. As used in this clause-- “Energy-efficient product”— (1) Means a product that— (i) (ii) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy’s Federal Energy Management Program. (2) The term “product” does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b). (b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are— (1) Delivered; (2) Acquired by the Contractor for use in performing services at a Federallycontrolled facility; (3) Furnished by the Contractor for use by the Government; or (4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance. (c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless— DE-AC05-00OR22725 Section I—Page 95 of 276
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I.163 970.5245-1 PROPERTY. (DEC 200
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