Federal Procurement Policy

Federal Affirmative Procurement Policy

(From US Air Force Center For Environmental Excellence)

Guideline Items

Section 6002 of the Resource Conservation and Recovery Act (RCRA), "Federal Procurement," requires Federal agencies to procure designated guideline items composed of the highest percentage of recovered materials practicable.

Executive Order (EO) 12873, "Federal Acquisition, Recycling, and Waste Prevention" sets forth procedures for the U.S. Environmental Protection Agency (EPA) to implement RCRA section 6002. EO 12873 initially required Federal agencies to procure the following guideline items:

Paper and paper products

Re-refined lubricating oil

Retread tires

Building insulation containing recovered materials

Concrete and cement containing fly ash

In accordance with provisions in the EO, the EPA added 19 guideline items to the list effective May 1996 and another 12 items effective November 1998. These 31 additional items are listed below.

Vehicular Products: Reclaimed engine coolants;

Construction Products: Structural fiberboard, laminated paperboard, cement/concrete containing ground granulated blast furnace slag, carpet, floor tiles, patio blocks, consolidated and reprocessed latex paint*, and shower and restroom dividers and partitions*;

Transportation Products: Traffic barricades, traffic cones, channelizers*, delineators*, flexible delineators*, and parking stops*;

Park and Recreation Products: Playground surfaces, running tracks, and plastic fencing*;

Landscaping Products: Hydraulic mulch, yard trimmings compost, garden and soaker hoses*, and lawn and garden edging*;

Non-paper Office Products: Office recycling containers, office waste receptacles, plastic desktop accessories, remanufactured toner cartridges, binders, plastic trash bags, plastic envelopes*, and printer ribons*;

Miscellaneous Products: Pallets*.

*added to list effective November 1998.

Title 40 Code of Federal Regulations Part 247, "Guidelines for Procurement of Products That Contain Recycled Material" contains a description of all the guideline items and recommended procedures to comply with affirmative procurement objectives.

Recovered Materials Advisory Notices

Recovered Materials Advisory Notices (RMAN) contain information on the recommended recovered material content for the EPA guideline items. The first was published in Volume 60 FR 21386, 1 May 1995. The intent is not to preclude Federal agencies from procuring other types or grades of guideline items or from using items containing recovered materials for other applications. On the contrary, if a new type or grade of material becomes available containing recovered materials or if a Federal agency discovers a new application for which recovered materials content is appropriate, EPA encourages the procuring agency to revise (or develop new) specifications to allow its use. The RMAN can be used to develop and establish minimum content standards based on EPA's recommended recovered materials content levels along with your own research.

The EPA minimum content standards for each guideline item are very detailed. For example, paper and paper products contain 24 different types of paper and paper products with minimum recovered material contents ranging from 5 to 90 percent. For specific information on the minimum percentage of recovered postconsumer materials for a given guideline item, please contact PRO-ACT, DSN 240-4214.

EPA Affirmative Procurement Program Recommendations

The EPA recommends procuring agencies review their procurement practices and eliminate those which would inhibit development of an affirmative procurement program. Specifically, the EPA offers the following suggestions:

Include internal and external promotion of affirmative procurement through education of employees and distributing articles in news- letters and other publications. Ensure existing contractors and potential bidders are aware of your preference for purchasing products containing recovered materials through trade show participation, statements in solicitations and conference presentations where appropriate.
EPA anticipates the Federal Environmental Executive and Office of Federal Procurement Policy will request information from Federal agencies on their affirmative procurement practices. Therefore, EPA recommends establishing a sound monitoring program to ensure you are fulfilling the intent of affirmative procurement to the maximum extent practicable. Metrics should be measured to ensure compliance and for satisfying reporting requirements on compliance progress. Procuring activities should collect data on the following:

The minimum percentages of recovered materials content in the items procured or offered;

Comparative price information on competitive procurements;

The quantity of each item procured over the fiscal year;

The availability of each item with recovered materials content; and

Performance information related to recovered content of an item.

Contracting/Contractor Requirements

The Civilian Agency Acquisition Council and the Federal Regulations Acquisition Council issued an interim rule which incorporates environmentally preferable and energy-efficient product and service acquisition policies into the Federal Acquisition Regulation (FAR). The FAR contains requirements and procedures used in establishing government contracts. This document was amended to clearly reflect the Government's preference for the acquisition of environmentally sound products and services. A new provision and clause was added requiring offerers and contractors to provide information regarding the percentage of recovered materials in certain items proposed for use and actually used in contract performance. Another clause was added requiring contractors operating government-owned or leased facilities to establish cost-effective waste reduction programs.

Back To Affirmative Procurement