BACKGROUND
DOCUMENT
FOR
PROPOSED
CPG
V
AND
PROPOSED
RMAN
V
APPENDICES
I­
V
i
CONTENTS
I.
Materials
in
Solid
Waste
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1
A.
General
Overview
of
Materials
in
Solid
Waste
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1
B.
Materials
Used
in
Items
Proposed
for
Designation
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1.
Poultry
Litter
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2.
Biosolids
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4
3.
Manure
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4.
Wood
Ash
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4
II.
Discussion
of
RCRA
Section
6002
Requirements
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5
A.
Who
Is
a
Procuring
Agency?
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6
1.
Federal,
State,
and
Local
Government
Agencies
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6
2.
Contractors
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7
B.
To
Which
Purchases
Does
Section
6002
Apply?
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8
1.
Direct
and
Indirect
Purchases
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8
2.
Incidental
Purchases
Do
Not
Apply
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8
3.
Block
Grants,
Commingled
Monies,
and
Leases
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9
C.
What
Is
the
$
10,000
Threshold?
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10
1.
Purchases
of
Individual
Items
or
Groups
of
Items
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10
2.
The
Cost
of
Services
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11
3.
Purchases
Made
from
Another
Federal
Agency
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11
D.
How
Is
Section
6002
Enforced?
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12
E.
How
Does
RCRA
Section
6002
Relate
to
Other
Federal
Procurement
Regulations?
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12
F.
Where
Can
Agencies
Find
Assistance
or
More
Information?
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13
III.
Executive
Order
13101
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14
IV.
Additional
Policies
and
Procedures
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18
A.
Federal
Acquisition
Regulation
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19
B.
OFPP
Policy
Letter
92­
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19
C.
OMB
Circular
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102
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19
D.
OMB
Circular
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119
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20
E.
OMB
Circular
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20
ii
F.
Federal
Acquisition
Streamlining
Act
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20
V.
Affirmative
Procurement
Program
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21
A.
Specifications
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23
B.
Preference
Program.
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24
1.
Minimum
Content
Standards
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24
2.
Case­
by­
Case
Policy
Development
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25
3.
Substantially
Equivalent
Alternative
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25
4.
Requirements
for
Contractors
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26
5.
Exceptions
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26
C.
Promotion
Program
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27
1
Internal
Promotion
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27
2.
External
Promotion
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28
D.
Estimation,
Certification,
and
Verification
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28
E.
Procedures
to
Monitor
and
Review
the
Procurement
Program
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28
APPENDIX
I
MATERIALS
IN
SOLID
WASTE
1
APPENDIX
I
Materials
in
Solid
Waste
The
Resource
Conservation
and
Recovery
Act
(
RCRA)
Section
6002
provides
criteria
for
the
U.
S.

Environmental
Protection
Agency
(
EPA)
to
consider
when
selecting
items
for
designation.
One
of
these
criteria
is
the
impact
of
procurement
on
the
amount
of
solid
waste
that
is
generated,
treated,
and
disposed.
EPA's
designation
of
an
item
should
promote
the
statute's
underlying
objective
of
using
government
procurement
to
foster
markets
for
items
containing
materials
recovered
from
solid
waste.
Consistent
with
this
objective,
each
of
the
items
that
EPA
proposes
to
designate
is
made
with
one
or
more
recovered
materials.
This
appendix
briefly
discusses
many
of
the
materials
that
are
typically
recovered
from
various
solid
waste
streams
and
provides
a
more
detailed
discussion
of
the
materials
used
in
the
items
proposed
for
designation
in
the
Comprehensive
Procurement
Guidelines
(
CPG)
V.

A.
General
Overview
of
Materials
in
Solid
Waste
Generally,
solid
waste
has
several
components,
such
as
municipal
solid
waste
(
MSW),
construction
and
demolition
(
C&
D)
debris,
and
nonhazardous
industrial
waste.
In
addition,
there
are
a
number
of
materials
that
may
not
be
considered
"
typical"
solid
waste
streams.
Materials
such
as
agricultural
wastes,
for
example,

are
not
generally
captured
in
collection
programs,
but
nonetheless,
may
be
generated
in
high
volumes
and
can
have
multiple
beneficial
uses.
Many
of
the
items
proposed
for
designation
in
CPG
V
are
made
from
these
types
of
recovered
materials
(
e.
g.,
biosolids,
animal
manures,
etc.).
These
materials
may
be
used
in
conjunction
with
other
solid
wastes
to
make
new
products
or,
may
be
used
as
the
primary
or
sole
recovered
material
in
a
product.
EPA
considers
all
types
of
recovered
materials
when
designating
items
in
the
CPG.

EPA
publishes
annual
characterization
reports
of
the
generation
and
recovery
of
MSW
in
the
United
States.
EPA's
latest
MSW
characterization
study,
which
presents
2001
waste
generation
and
recovery
data,

addresses
the
following
materials:
paper
and
paperboard,
glass,
metals,
plastic,
rubber
and
leather,
textiles,

wood,
food
wastes,
yard
trimmings,
miscellaneous
inorganic
wastes,
and
other
materials.
Table
1
shows
the
2001
generation
and
recovery
of
these
materials.
2
Table
1
Materials
Generation
and
Recovery
in
the
U.
S.
Municipal
Waste
Stream,
2001
(
In
Millions
of
Tons)

Materials
Generation
Recovery
Paper
and
Paperboard
81.9
36.7
Glass
12.6
2.4
Metals
18.1
6.3
Ferrous
13.5
4.6
Aluminum
3.2
0.8
Other
Nonferrous
1.4
0.9
Plastics
25.4
1.4
PET
2.6
0.5
HDPE
4.9
0.4
PVC
1.4
Negligible
LDPE/
LLDPE
5.9
0.2
PP
3.5
0.1
PS
2.3
Negligible
Other
resins
4.8
0.3
Rubber
and
Leather
6.5
1.1
Rubber
from
tires
2.9
1.1
Textiles
9.8
1.4
Wood
13.2
1.3
Other
4.2
0.9
Food
Waste
26.2
0.7
Yard
Trimmings
28.0
15.8
Miscellaneous
Inorganic
Wastes
3.5
Negligible
TOTAL
MSW
229.2
68.0
Source:
"
Municipal
Solid
Waste
in
The
United
States:
2001
Facts
and
Figures,"
U.
S.
EPA,
October,
2003.
3
B.
Materials
Used
in
Items
Proposed
for
Designation
A
variety
of
recovered
organic
materials
can
be
used
in
the
items
proposed
for
designation
in
CPG
V.

Table
2
identifies
some
of
the
more
common
ones.
Additional
references
to
materials
can
be
found
in
the
background
document
for
proposed
CPG/
RMAN
V,
which
is
found
in
the
docket
for
this
proposed
rulemaking,

as
well
as
on
the
CPG
Web
site
at
www.
epa.
gov/
cpg.

Table
2
Recovered
Materials
Used
in
Items
Designated
in
CPG
IV
Recovered
Materials
Designated
Items
Animal
manure*

Biosolids*
Compost
Poultry
manure/
litter
Sewage
sludge
Blood
meal
Bone
meal
Feather
meal
Fish
meal
Alfalfa
meal
Cottonseed
meal
Wood
ash
Fertilizers
*
These
materials
can
be
combined
with
other
organic
materials,
such
as
yard
waste,
wood
chips,
etc.,
in
the
composting
process
1.
Poultry
Litter
According
to
the
Farm
Sanctuary
Newsletter,
it
was
estimated
that
in
1997
the
annual
production
of
poultry
litter
totaled
19.8
million
tons,
with
chickens
producing
14.4
million
tons
and
turkeys
producing
5.4
million
tons.
One
company
alone
estimates
its
pelleted
poultry
fertilizer
diverts
approximately
149,000
tons
of
poultry
litter
from
the
solid
waste
stream
annually.
EPA
was
not
able
to
find
a
more
recent
statistic
on
the
4
amount
of
poultry
litter
produced
annually
in
the
United
States.
In
addition,
EPA
was
not
able
to
find
a
statistic
conveying
the
amount
of
poultry
litter
diverted
from
the
waste
stream
annually
for
the
production
of
fertlizer.

2.
Biosolids
Biosolids
are
the
nutrient­
rich
organic
materials
resulting
from
the
treatment
of
sewage
sludge.

According
the
EPA
report,
Biosolids
Generation,
Use,
and
Disposal
in
the
United
States
(
EPA
530­
R­
99­

009,
September
1999),
approximately
6.9
million
tons
of
biosolids
were
generated
in
1998,
of
which
about
60
percent
were
used
beneficially
(
e.
g.,
land­
applied,
composted,
used
as
landfill
cover)
and
40
percent
were
disposed
(
i.
e.,
discarded
with
no
attempt
to
recover
nutrient
or
other
valuable
properties).
At
least
20
percent
were
managed
by
MSW
facilities
through
either
landfilling
(
17
percent)
or
as
landfill
cover
(
3
percent).
An
estimated
additional
6
percent
were
managed
by
MSW
facilities
in
composting
programs.
The
report
estimated
that
7.1
million
tons
of
biosolids
would
be
generated
for
use
or
disposal
in
2000,
7.6
million
tons
in
2005,
and
8.2
million
tons
in
2010.
The
report
anticipated
that
the
percentage
of
biosolids
used
(
rather
than
disposed)

would
grow
from
63
percent
in
2000
to
66
percent
in
2005
and
70
percent
in
2010.

3.
Manure
According
to
the
1997
Census
of
Agriculture,
USDA's
National
Agricultural
Statistics
Service,
860
million
tons
of
animal
manure
were
produced
in
the
United
States
(
includes
pigs,
cattle,
and
sheep,
but
not
poultry).
EPA
was
not
able
to
find
a
statistic
reflecting
how
much
of
the
manure
generated
annually
is
either
applied
to
land
or
composted.

4.
Wood
Ash
According
to
a
Clemson
University
report,
approximately
3
million
tons
of
wood
ash
are
produced
annually
in
the
United
States.
While
approximately
80
percent
of
all
ash
is
land­
applied
in
the
Northeast,
less
than
10
percent
is
being
land­
applied
in
the
Southeast.
The
other
90
percent
of
this
wood
ash
is
landfilled.
5
APPENDIX
II
DISCUSSION
OF
RCRA
SECTION
6002
REQUIREMENTS
6
APPENDIX
II
Discussion
of
RCRA
Section
6002
Requirements
This
appendix
provides
detailed
information
regarding
the
applicability
of
RCRA
Section
6002.

A.
Who
Is
a
Procuring
Agency?

Many
of
the
RCRA
Section
6002
requirements
apply
to
"
procuring
agencies,"
which
are
defined
in
RCRA
Section
1004(
17)
as
"
any
federal
agency,
or
any
state
agency
or
agency
of
a
political
subdivision
of
a
state
that
is
using
appropriated
federal
funds
for
such
procurement,
or
any
person
contracting
with
any
such
agency
with
respect
to
work
performed
under
such
contract."
Under
the
statute,
responsibility
for
complying
with
RCRA
Section
6002
rests
with
each
individual
procuring
agency.
RCRA
identifies
three
types
of
"
procuring
agencies":
(
1)
federal
agencies,
(
2)
state
or
local
agencies
using
appropriated
federal
funds,
and
(
3)
contractors
to
(
1)
and
(
2).
Procuring
agency
requirements
are
discussed
in
detail
below.
Also
refer
to
Appendix
V
for
additional
information
about
affirmative
procurement
requirements.

Private
recipients
of
federal
funds
(
e.
g.,
nonprofit
organizations
or
individual
recipients
of
Farm
Home
Administration
loans
or
other
federal
loans,
grants,
or
funds
under
a
cooperative
agreement)
are
not
procuring
agencies
and,
therefore,
are
not
subject
to
RCRA
Section
6002.
This
is
true
whether
the
originator
of
the
grant,

loan,
or
cooperative
agreement
is
a
federal
agency
or
a
state
or
local
agency
recipient
of
federal
funds.

1.
Federal,
State,
and
Local
Government
Agencies
Federal
agencies
are
always
procuring
agencies,
because
the
RCRA
Section
6002
requirements
apply
to
federal
agencies
whether
or
not
appropriated
federal
funds
are
used
for
procuring
designated
items.
All
federal
agencies
are
procuring
agencies
regardless
of
their
funding
authority
(
e.
g.,
revolving
funds,
etc.).
The
RCRA
Section
6002
requirements
apply
only
when
federal
agencies
procure
designated
items,
however.
They
do
not
apply
when
federal
agencies
simply
disburse
funds
to
state
or
local
agencies;
in
these
instances,
the
federal
agencies
are
not
purchasing
or
acquiring
anything.
State
or
local
agencies
are
procuring
agencies
and
must
comply
with
the
guidelines
if
they
use
appropriated
federal
funds
for
procurement
of
designated
items.

RCRA
requirements
apply
to
individual
state
agencies,
not
to
a
state
as
a
whole.
For
example,
if
a
state
7
receives
several
hundred
thousand
dollars
in
grant
monies,
only
the
state
agency
or
agencies
purchasing
$
10,000
worth
or
more
of
a
designated
product
must
comply
with
Section
6002
requirements.

On
October
14,
1994,
the
Office
of
Management
and
Budget
(
OMB)
published
revisions
to
Circular
A­
102
to
clarify
the
circumstances
in
which
RCRA
Section
6002
applies
to
state
and
local
recipients
of
federal
funds.

2.
Contractors
Contractors
must
comply
with
Section
6002
with
respect
to
work
performed
under
the
contract
if
they
(
1)
contract
with
a
Federal
agency
or
a
state
agency
that
is
using
appropriated
federal
funds
for
a
procurement
and
(
2)
purchase
or
acquire
a
designated
item
whose
purchase
price
exceeds
$
10,000
or
purchased
$
10,000
or
more
worth
of
the
item
during
the
previous
year.
Subcontractors
are
not
procuring
agencies;
Section
6002
limits
contractors
subject
to
its
requirement
to
direct
contractors
with
a
federal
agency
or
state
or
local
"
procuring
agency."

It
is
immaterial
for
purposes
of
the
$
10,000
threshold
whether
the
contractor
purchased
or
acquired
the
designated
items
as
a
"
procuring
agency"
(
with
respect
to
work
performed
under
a
contract
with
a
federal
or
state
agency)
or
in
its
private
capacity.
However,
the
obligations
of
Section
6002
are
prospective.
The
contractor
must
determine
whether
the
$
10,000
threshold
is
met
only
after
it
is
a
"
procuring
agency."
That
is,

purchases
exceeding
the
$
10,000
threshold
in
the
year
prior
to
the
year
in
which
a
contractor
becomes
a
"
procuring
agency"
do
not
trigger
Section
6002
requirements.
Furthermore,
while
contractors
are
subject
to
the
Section
6002
requirements
once
they
exceed
the
threshold,
those
requirements
apply
only
with
respect
to
work
performed
under
the
contract
(
i.
e.,
when
supplying
the
designated
item
to
any
state
or
federal
agency).

For
example,
in
Year
One,
Contractor
X
contracts
to
supply
$
500
of
hydraulic
mulch
to
a
state
agency
using
appropriated
federal
funds
to
purchase
the
hydraulic
mulch.
Therefore,
in
Year
One,
Contractor
X
is
a
"
procuring
agency."
During
Year
One,
Contractor
X
also
purchases
hydraulic
mulch
for
its
own
use
for
its
other
customers,
with
total
purchases
of
hydraulic
mulch
exceeding
$
10,000.
In
Year
One,
while
Contractor
X
is
a
procuring
agency,
Contractor
X
is
not
subject
to
the
RCRA
Section
6002
requirements
for
hydraulic
mulch
supplied
to
the
state
agency,
because
the
contract
price
of
the
mulch
does
not
exceed
$
10,000.
In
Year
Two,
8
Contractor
X
is
subject
to
RCRA
Section
6002
requirements
for
hydraulic
mulch
regardless
of
the
amount
of
the
contracted
purchase,
because,
while
a
"
procuring
agency"
in
Year
One,
it
purchased
in
excess
of
$
10,000
of
hydraulic
mulch.

In
another
example,
in
Year
One,
Contractor
Y
purchases
$
10,000
of
hydraulic
mulch,
but
none
was
purchased
on
behalf
of
a
government
agency
using
appropriated
federal
funds.
In
Year
One,
Contractor
Y
is
not
a
procuring
agency.
In
Year
Two,
Contractor
Y
contracts
to
supply
less
than
$
10,000
of
hydraulic
mulch
to
a
state
agency
using
appropriated
federal
funds.
In
Year
Two,
Contractor
Y
is
a
procuring
agency
but
is
not
subject
to
RCRA
Section
6002
requirements,
because
it
was
not
a
procuring
agency
during
the
previous
year
when
it
acquired
in
excess
of
$
10,000
of
hydraulic
mulch.

Contractors
can
require
certifications
of
recycled
content
items
to
be
submitted
with
offers.

Alternatively,
the
U.
S.
Environmental
Protection
Agency
(
EPA)
recommends
that
when
an
estimate
has
been
provided
in
a
bid,
the
certification
of
what
materials
were
actually
used
in
the
performance
of
the
contract
should
be
submitted
with
the
last
invoice.

B.
To
Which
Purchases
Does
Section
6002
Apply?

1.
Direct
and
Indirect
Purchases
The
RCRA
Section
6002
requirements
apply
to
both
direct
and
indirect
purchases.
Purchases
made
as
a
result
of
a
solicitation
by
procuring
agencies
for
their
own
general
use
or
that
of
other
agencies
(
e.
g.,

purchases
by
the
U.
S.
General
Services
Administration
[
GSA's]
Federal
Supply
Service)
are
"
direct"

purchases.
Purchases
of
items
as
part
of
a
contract
also
are
"
direct"
purchases.
Indirect
purchases
are
purchases
by
a
state
or
local
agency
using
appropriated
federal
funds
or,
in
some
instances,
its
contractors.

Therefore,
purchases
of
designated
items
meeting
the
$
10,000
threshold
made
by
states,
political
subdivisions
of
states,
or
their
contractors
are
subject
to
RCRA
Section
6002.

2.
Incidental
Purchases
Do
Not
Apply
9
The
procurement
requirements
do
not
apply
to
purchases
if
they
are
unrelated
to
or
incidental
to
the
federal
funding,
(
i.
e.,
not
the
direct
result
of
the
funds
disbursement).
For
example,
if
an
entity
has
a
federal
contract
to
do
research
and
builds
or
expands
a
laboratory
to
conduct
the
research,
the
construction
is
incidental
to
the
contract,
as
is
the
purchase
of
construction
materials.

3.
Block
Grants,
Commingled
Monies,
and
Leases
RCRA
Section
6002
procurement
requirements
apply
whenever
federal
monies,
including
block
grants,

are
used,
whether
or
not
they
are
commingled
with
nonfederal
funds.
In
addition,
RCRA
Section
6002
also
applies
to
a
procuring
agency's
lease
contracts
for
designated
items.
The
Federal
Acquisition
Regulation
(
FAR)

defines
"
acquisition"
to
include
supplies
or
services
(
including
construction)
acquired
by
means
of
a
lease
(
48
Code
of
Federal
Regulations
[
CFR]
2.101).
Under
the
definition
of
"
procuring
agency,"
therefore,
lessor
contractors
are
subject
to
the
RCRA
Section
6002
requirements
for
work
performed
under
the
lease
contract.

RCRA
Section
6002
also
applies
to
Department
of
Transportation
grant
programs.
The
conference
committee
report
from
the
Hazardous
and
Solid
Waste
Amendments
of
1984
(
Cong.
Rec.
H
11138
[
Oct.
3,

1984])
states:

To
assure
the
fullest
participation
by
procuring
agencies,
the
Conferees
wish
to
resolve
any
ambiguity
with
respect
to
§
6002'
s
coverage
of
the
Department
of
Transportation,
in
particular
the
Federal
Highway
Administration
(
FHWA).
The
FHWA
is
a
"
procuring
agency"
under
the
Solid
Waste
Disposal
Act
and
is
therefore
fully
responsible
for
implementing
the
guidelines
and
other
requirements
of
§
6002.
It
is
the
intent
of
Congress
that
both
FHWA's
direct
procurement
and
indirect
Federalaid
programs
(
Federal
Highway
Trust
Fund)
be
covered
by
the
requirements
of
§
6002
as
amended
by
this
Act.
Indirect
purchases
by
the
Federal
Aviation
Administration
are
also
covered
under
Section
6002
in
the
same
manner
as
is
the
FHWA.
Coverage
of
the
FHWA's
direct
and
indirect
procurement
activities
under
this
amendment
extends
to
the
review
of
procurement
specifications
pursuant
to
Section
6002(
d),
as
amended,
in
addition
to
the
affirmative
procurement
program
required
under
this
section.
10
11
C.
What
Is
the
$
10,000
Threshold?

RCRA
Section
6002
procurement
requirements
apply
to
any
purchase
by
procuring
agencies
of
an
item
costing
more
than
$
10,000
or
when
the
procuring
agencies
purchased
$
10,000
worth
of
the
item
or
of
functionally
equivalent
items
during
the
preceding
fiscal
year.

RCRA
Section
6002
clearly
sets
out
a
two­
step
procedure
for
determining
whether
the
$
10,000
threshold
has
been
reached.
First,
procuring
agencies
must
determine
whether
they
purchased
$
10,000
worth
of
a
designated
item
or
functionally
equivalent
items
during
the
preceding
fiscal
year.
If
so,
the
requirements
of
RCRA
Section
6002
apply
to
all
purchases
of
these
items
occurring
in
the
current
fiscal
year.
Second,
if
the
procuring
agencies
did
not
procure
$
10,000
worth
of
a
designated
item
during
the
preceding
fiscal
year,
they
are
not
subject
to
RCRA
Section
6002
unless
they
make
a
purchase
of
the
item
exceeding
$
10,000
in
the
current
fiscal
year.
The
Section
6002
requirements
then
apply
to
the
$
10,000
purchase
of
the
designated
item;

to
all
subsequent
purchases
of
the
item
made
during
the
current
fiscal
year,
regardless
of
size;
and
to
all
procurements
of
the
designated
item
made
in
the
following
fiscal
year.

Section
6002(
a)
does
not
specify
that
the
procurement
requirements
are
triggered
when
the
aggregate
quantity
of
items
purchased
during
the
current
fiscal
year
is
$
10,000
or
more.
Procuring
agencies
need
not
keep
a
running
tally
during
the
year
of
procurements
of
designated
items.
Rather,
they
should
compute
their
total
procurements
of
a
designated
item
once
at
the
end
of
the
fiscal
year
and
only
if
they
intend
to
claim
an
exemption
from
the
requirements
of
RCRA
Section
6002
in
the
following
fiscal
year.

The
RCRA
Section
6002
requirements
apply
to
each
federal
agency
as
a
whole.
During
each
fiscal
year,
each
major
federal
agency
as
a
whole
purchases
or
causes
the
purchase
of
more
than
$
10,000
worth
of
many
of
the
designated
items.
Therefore,
the
requirements
of
RCRA
Section
6002
apply
to
all
procurements
of
these
items
by
these
agencies
and
their
subunits.

1.
Purchases
of
Individual
Items
or
Groups
of
Items
As
stated
above,
the
$
10,000
threshold
can
apply
to
agencies'
purchases
of
either
individual
items
or
categories
of
items.
Within
the
paper
and
paper
products
category,
for
example,
if
an
agency
purchases
$
4,000
12
worth
of
computer
paper,
$
3,000
worth
of
federal
forms,
and
$
3,000
worth
of
other
office
papers,
these
combined
purchases
achieve
the
threshold
for
that
designated
item,
and
the
agency
should
develop
an
affirmative
procurement
program
(
APP)
for
all
paper
and
paper
products
containing
recovered
materials.

2.
The
Cost
of
Services
If
the
cost
of
services
and
the
material
cost
are
inextricably
linked,
the
$
10,000
threshold
can
be
applied
to
the
combined
cost
figure.
If
a
procuring
agency
contracts
for
construction
of
a
concrete
structure,
the
agency
may
include
the
cost
of
the
services
(
pouring)
with
the
cost
of
the
product
(
concrete)
when
calculating
how
much
is
spent
on
cement
and
concrete.
Alternatively,
the
agency
may
devise
a
method
of
separating
the
cost
of
the
concrete
product
from
the
cost
of
pouring
and
finishing.

3.
Purchases
Made
from
Another
Federal
Agency
Many
federal
agencies
procure
paper
and
paper
products
through
GSA
and
the
U.
S.
Government
Printing
Office
(
GPO).
Although
both
of
these
agencies
have
their
own
APPs,
agencies
that
make
purchases
through
GSA
and
GPO
should
still
have
their
own
APPs
for
the
products
they
purchase.
However,
the
agencies
would
need
to
request
estimates
and
certifications
from
GSA
and
GPO,
because
these
agencies
will
have
already
obtained
this
information
in
the
initial
purchases.
Similarly,
the
verification
requirement
is
also
fulfilled
by
GSA
and
GPO.

In
other
words,
GPO
requests
estimates
and
certifications
from
its
vendors
and
contractors
and
verifies
that
the
estimates
and
certifications
are
correct.
It
routinely
supplies
recycled
paper
whenever
possible,
even
when
not
specifically
requested
by
a
procuring
agency.
Any
order
for
printing
on
offset,
writing,
or
newsprint
stock,
which
constitutes
the
bulk
of
the
jobs,
is
automatically
printed
on
recycled
paper
that
meets
EPA's
requirements
(
if
the
paper
is
available).

When
GSA
supplies
products
containing
recovered
content
to
other
agencies,
GSA
has
already
obtained
and
verified
estimates
and
certifications.
Nonetheless,
agencies
are
still
responsible
for
monitoring
purchases
made
through
other
agencies,
such
as
GSA
and
GPO.
13
14
D.
How
Is
Section
6002
Enforced?

Section
6002
of
RCRA
provides
for
the
President's
Office
of
Procurement
Policy
to
implement
its
requirements.
In
addition,
Section
7002
of
RCRA
authorizes
citizens
to
sue
in
federal
district
court
to
seek
relief
against
any
person
alleged
to
be
in
violation
of
requirements
of
the
Act,
including
RCRA
Section
6002.

The
district
court
has
jurisdiction
to
enforce
the
requirements.

Under
RCRA
Section
6002,
federal
grant
administering
agencies
should
inform
state
and
local
agency
grant
recipients
about
the
requirements
of
RCRA
Section
6002.
The
grant
recipients,
in
turn,
are
considered
to
be
"
procuring
agencies"
when
they
are
using
appropriated
federal
funds
to
purchase
designated
items
and
must
purchase
these
items
containing
recovered
materials
to
the
maximum
extent
practicable.
RCRA
Section
6002
states
that
procuring
agencies
need
not
purchase
recycled
products
if
the
products
are
not
reasonably
available,

are
only
available
at
an
unreasonable
price,
or
do
not
meet
reasonable
performance
standards.
It
is
silent,

however,
regarding
penalties
for
failure
to
purchase
recycled
products
without
these
limitations.
Therefore,

each
grant
administering
agency
must
determine
the
appropriate
response
when
a
grantee
does
not
comply
with
RCRA
Section
6002.

RCRA
Section
7002
authorizes
citizens
to
file
a
civil
action
in
federal
district
court
against
any
person
alleged
to
be
in
violation
of
a
requirement
under
RCRA.
Therefore,
a
municipality
that
violates
RCRA
Section
6002
may
be
subject
to
suit.

Executive
Order
13101
(
the
Executive
Order)
directs
the
Federal
Environmental
Executive
(
FEE)
to
take
necessary
actions
to
ensure
that
agencies
comply
with
the
provisions
of
the
Executive
Order.
In
addition,

the
Executive
Order
directs
Agency
Environmental
Executives
to
track
agency
purchases
of
EPA­
designated
items
and
report
these
purchases
to
the
FEE.
RCRA
also
requires
the
Office
of
Federal
Procurement
Policy
(
OFPP)
to
submit
biennial
reports
to
Congress.

E.
How
Does
RCRA
Section
6002
Relate
to
Other
Federal
Procurement
Regulations?

The
purchase
of
recycled
products
under
RCRA
Section
6002
must
be
consistent
with
other
federal
procurement
law,
which
requires
that
contracts
be
awarded
to
the
lowest
priced,
responsive,
responsible
bidder.
15
Federal
law
does
not
currently
authorize
agencies
to
pay
a
premium
price
for
recycled
products.
Agencies
are
using
other
means
of
purchasing
recycled
products
that
may
be
higher
priced
than
virgin
products,
such
as
soliciting
only
for
recycled
products.

On
August
22,
1997,
the
Civilian
Agency
Acquisition
Council
and
the
Defense
Acquisition
Regulations
Council
issued
a
rule
amending
the
FAR
parts
1,
10,
11,
13,
15,
23,
36,
42,
and
52
to
reflect
the
government's
preference
for
the
acquisition
of
environmentally
sound
and
energy­
efficient
products
and
services
and
to
establish
an
APP
favoring
items
containing
the
maximum
practicable
content
of
recovered
materials.
See
62
Federal
Register
[
FR]
44809,
August
22,
1997.

The
Paperwork
Reduction
Act
of
1995
(
PRA)
makes
explicit
the
responsibilities
of
federal
agencies
with
respect
to
the
development
of
proposed
collections
of
information
and
submission
of
these
to
OMB
for
review
approval.
Accordingly,
Federal
procuring
agencies
should
consult
with
their
legal
offices
to
determine
whether
their
requirements
for
estimation
and
certification
would
require
OMB
clearance
under
the
PRA.

F.
Where
Can
Agencies
Find
Assistance
or
More
Information?

EPA
assists
procuring
agencies
by
investigating
and
identifying
products
that
can
be
made
with
recovered
materials.
Based
on
this
research,
EPA
conducts
in­
depth
analyses
of
the
feasibility
of
including
the
product
in
the
Federal
government's
procurement
program.
In
addition,
EPA,
through
its
Recovered
Materials
Advisory
Notices
(
RMAN),
provides
recommendations
and
guidance
to
procuring
agencies
in
their
efforts
to
comply
with
Section
6002
of
RCRA.

For
more
information,
agencies
should
contact
the
RCRA
Call
Center
at
800
424­
9346
or
703
412­
9810,
or
access
EPA's
Comprehensive
Procurement
Guideline
(
CPG)
Web
site
at
<
www.
epa.
gov/
cpg>.
16
APPENDIX
III
EXECUTIVE
ORDER
13101
17
APPENDIX
III
Executive
Order
13101
The
Executive
Order
(
E.
O.)
entitled
Greening
the
Government
Through
Waste
Prevention,
Recycling,

and
Federal
Acquisition
was
signed
by
President
Clinton
on
September
14,
1998.
Section
502
of
the
Executive
Order
establishes
a
two­
part
process
for
EPA
to
use
when
developing
and
issuing
the
procurement
guidelines
for
products
containing
recovered
materials.
The
first
part,
the
CPG,
designates
items
that
are
or
can
be
made
with
recovered
materials.
As
with
previous
procurement
guidelines,
the
CPG
is
developed
using
formal
noticeand
comment
rulemaking
procedures
and
is
codified
in
40
CFR
Part
247.
The
Executive
Order
directs
EPA
to
revise
the
CPG
every
2
years
or
as
appropriate
after
an
opportunity
for
public
comment.

The
second
part
of
the
two­
part
procurement
guidelines
process,
the
RMAN,
provides
recommendations
to
procuring
agencies
on
purchasing
the
items
designated
in
the
CPG.
The
Executive
Order
directs
EPA
to
publish
the
RMAN
in
the
Federal
Register
(
FR)
for
public
comments.
Because
the
recommendations
are
guidance,
the
RMAN
is
not
codified
in
the
CFR.
RMANs
are
issued
periodically
to
reflect
changes
in
market
conditions
or
to
provide
procurement
recommendations
for
newly
designated
items.

The
Executive
Order
also
directs
EPA
to
provide
guidance
to
executive
agencies
on
procuring
environmentally
preferable
products.
Section
503
directs
EPA
to
develop
and
issue
guiding
principles
for
Executive
agencies
to
use
in
purchasing
environmentally
preferable
products.
On
August
20,
1999,
EPA
issued
its
Final
Guidance
on
Environmentally
Preferable
Purchasing
(
64
FR45810),
which
outlines
the
federal
government's
approach
for
incorporating
environmental
considerations
into
its
purchasing
decisions.
In
addition
to
establishing
five
guiding
principles,
the
final
guidance
includes
specific
recommendations
for
implementing
environmentally
preferable
purchasing,
a
list
of
available
resources,
a
glossary,
and
a
list
of
environmental
attributes
to
help
federal
agencies
compare
the
environmental
preferability
of
products
and
services.
A
link
to
the
guidance
is
available
on
EPA's
Environmentally
Preferable
Purchasing
(
EPP)
Web
site
<
www.
epa.
gov/
opptintr/
epp>.

Section
401
directs
executive
agencies
to
consider
the
use
of
recovered
materials
and
other
environmental
factors
in
acquisition
planning
for
all
procurements
and
in
the
evaluation
and
award
of
contracts.
18
Section
402
directs
the
head
of
each
executive
agency
to
implement
the
affirmative
procurement
program
requirements
of
RCRA
Section
6002(
i)
and
to
include
a
requirement
that
all
purchases
of
EPAdesignated
items
meet
or
exceed
the
EPA­
recommended
levels.
It
further
directs
agency
APPs
to
encourage
that
(
1)
documents
be
transferred
electronically,
(
2)
all
government
documents
printed
internally
be
printed
doublesided
and
(
3)
contracts,
grants,
and
cooperative
agreements
issued
after
October
20,
1993,
include
provisions
that
require
documents
to
be
printed
double­
sided
on
recycled
paper
that
meets
or
exceeds
the
standards
established
in
the
Executive
Order
or
in
future
RMANs.
(
See
Appendix
V
of
this
document
for
a
detailed
discussion
of
APPs.)

Sections
501,
505,
506,
and
507
of
the
Executive
Order
describe
requirements
for
executive
agencies
to
incorporate
the
provisions
of
RCRA
Section
6002(
d)(
1)
and
requires
specific
actions
to
be
taken
by
certain
agencies.
Section
501
directs
executive
agencies
to
review
and,
where
applicable,
revise
their
specifications,

product
descriptions,
and
standards
to
enhance
federal
procurement
of
products
containing
recovered
materials.

Section
505
directs
executive
agency
heads
to
purchase
uncoated
printing
and
writing
paper
with
a
minimum
of
30
percent
postconsumer
materials
beginning
December
31,
1998.
Section
506
further
directs
the
GSA
and
other
federal
agencies
to
revise
their
paper
specifications
to
eliminate
barriers,
unrelated
to
performance,
to
purchasing
paper
or
paper
products
made
by
production
processes
that
minimize
emissions
of
harmful
byproducts.
On
June
8,
1998,
EPA
published
the
Paper
Products
RMAN
II
in
the
Federal
Register
(
63
FR
31214),
which
revised
EPA's
1996
recommendations
for
purchasing
specified
printing
and
writing
papers
containing
postconsumer
fiber
by
incorporating
the
recycled
content
percentages
in
E.
O.
13101.

Section
507
reinforces
the
procurement
guidelines
for
re­
refined
oil
and
retread
tires
by
directing
commodity
and
fleet
managers
to
take
affirmative
steps
to
procure
these
items.

Section
601(
b)
of
the
Executive
Order
directs
executive
agencies
to
set
goals
for
purchasing
recycled
and
other
environmentally
preferable
products
and
to
maximize
the
number
of
recycled
products
purchased,

relative
to
nonrecycled
alternatives.

Finally,
Section
302
requires
the
Federal
Environmental
Executive
(
FEE)
to
submit
an
biennual
report
to
the
President
on
the
actions
taken
by
agencies
to
comply
with
the
requirements
of
the
Executive
Order,
19
including
the
affirmative
procurement
program
requirements
set
forth
in
RCRA
Section
6002.
To
enable
the
FEE
to
develop
this
report,
executive
agencies
are
required
to
provide
information
on
their
implementation
actions.
20
APPENDIX
IV
ADDITIONAL
POLICIES
AND
PROCEDURES
21
APPENDIX
IV
Additional
Policies
and
Procedures
In
addition
to
the
requirements
of
RCRA
Section
6002
and
the
Executive
Order,
several
other
federal
policies
and
procedures
may
affect
the
procurement
of
products
containing
recovered
materials.
This
appendix
briefly
summarizes
requirements
and
policies
set
forth
in
the
FAR,
OFPP,
Policy
Letter
92­
4,
OMB
Circulars
A­
102,
A­
119,
and
A­
131,
and
the
GSA's
proposed
Cooperative
Purchasing
Plan.

A.
Federal
Acquisition
Regulation
The
FAR
is
the
primary
regulation
used
by
executive
agencies
in
their
acquisition
of
supplies
and
services
(
48
CFR
1).
FAR
Part
23
sets
forth
requirements
and
procedures
for
federal
agencies
to
use
when
procuring
EPA­
designated
items.
On
August
22,
1997,
the
FR
issued
a
final
rule
amending
FAR
Parts
1,
10,

11,
13,
15,
23,
36,
42,
and
52
to
reflect
the
federal
government's
preference
for
the
acquisition
of
environmentally
sound
and
energy­
efficient
products
and
services
and
to
incorporate
the
requirements
of
RCRA
Section
6002.

B.
OFPP
Policy
Letter
92­
4
OFPP's
Policy
Letter
92­
4,
"
Procurement
of
Environmentally
Sound
and
Energy­
Efficient
Products
and
Services"
(
57
FR
53362),
establishes
executive
branch
policies
for
the
acquisition
and
use
of
environmentally
sound,
energy­
efficient
products
and
services.
In
addition
to
reiterating
the
requirements
of
RCRA
Section
6002,
the
Policy
Letter
requires
executive
agencies
to
(
1)
identify
and
procure
products
and
services
that,
all
factors
taken
into
consideration,
are
environmentally
sound
and
energy­
efficient,
and
(
2)

employ
lifecycle
cost
analysis
to
assist
in
making
product
and
service
selections.

C.
OMB
Circular
A­
102
On
October
14,
1994,
OMB
published
revisions
to
OMB
Circular
A­
102,
"
Grants
and
Cooperative
Agreements
with
State
and
Local
Governments"
(
59
FR
52224).
Paragraph
2(
h)
of
the
circular
requires
state
and
local
government
recipients
of
federal
assistance
funding
to
comply
with
RCRA
Section
6002.
22
D.
OMB
Circular
A­
119
OMB
Circular
A­
119,
"
Federal
Participation
in
the
Development
and
Use
of
Voluntary
Standards"
(
54
FR
57645),
sets
forth
policy
for
executive
agencies
to
follow
in
working
with
voluntary
standards
bodies
and
in
adopting
and
using
voluntary
standards.
Paragraph
7(
a)(
4)
recommends
that
federal
agencies
give
preference
to
adopting
and
using
standards
that
"
foster
materials,
products,
systems,
or
practices
that
are
environmentally
sound
and
energy­
efficient."

E.
OMB
Circular
A­
131
OMB
Circular
A­
131,
"
Value
Engineering"
(
58
FR
31056),
requires
executive
agencies
to
use
value
engineering
as
a
management
tool
to
reduce
program
and
acquisition
costs.
Paragraph
8(
b)
requires
agencies
to
develop
guidelines
for
both
in­
house
personnel
and
contractors
to
identify
programs
or
projects
with
the
most
potential
to
yield
savings
from
the
application
of
value
engineering
techniques.
Paragraph
3(
b)(
4)
further
requires
this
guidance
to
ensure
that
the
application
of
value
engineering
to
construction
and
other
projects
or
programs
includes
consideration
of
environmentally
sound
and
energy­
efficient
results.

F.
Federal
Acquisition
Streamlining
Act
RCRA
Section
60029(
c)
requires
vendors
to
estimate
the
percentage
of
recovered
materials
used
in
the
performance
of
a
contract.
The
Federal
Acquisition
Streamlining
Act
(
FASA)
(
PL
103­
355)
amended
this
section
of
RCRA
to
require
estimates
only
for
contracts
in
amounts
"
greater
than
$
100,000."
23
APPENDIX
V
AFFIRMATIVE
PROCUREMENT
PROGRAM
24
APPENDIX
V
Affirmative
Procurement
Program
This
appendix
explains
RCRA
Section
6002
requirements
for
the
establishment
of
APPs.
Agencies
should
note
that
the
FAR
also
addresses
affirmative
procurement
programs.
(
See
62
FR
44809,
August
22,

1997.)

Within
1
year
after
EPA
designates
an
item,
RCRA
Section
6002(
i)
requires
each
procuring
agency
purchasing
more
than
$
10,000
of
that
item,
or
functionally
equivalent
items
in
a
fiscal
year,
to
establish
an
APP
for
that
item.
Section
402
of
Executive
Order
13101
reinforces
this
requirement
and
further
provides
that
Executive
agencies
"
shall
ensure
that
their
APPs
require
that
100
percent
of
their
purchases
of
products
meet
or
exceed
the
EPA
guideline
standards,"
considering
competition,
price,
availability,
and
performance.

An
APP
is
an
agency's
strategy
for
maximizing
its
purchases
of
EPA­
designated
items.
The
APP
should
be
developed
in
a
manner
that
ensures
that
items
composed
of
recovered
materials
are
purchased
to
the
maximum
extent
practicable
consistent
with
federal
procurement
law.
RCRA
Section
6002(
i)
requires
that,
at
a
minimum,
an
APP
consist
of
four
elements:
(
1)
a
preference
program;
(
2)
a
promotion
program;
(
3)
procedures
for
obtaining
estimates
and
certifications
of
recovered
materials
content
and,
where
appropriate,
reasonably
verifying
those
estimates
and
certifications;
and
(
4)
procedures
for
monitoring
and
annually
reviewing
the
effectiveness
of
the
APP.

EPA
recommends
that
the
Environmental
Executive
within
each
major
procuring
agency
take
the
lead
in
developing
the
agency's
APP
and
in
implementing
the
requirements
set
forth
in
the
CPG.
This
recommendation
is
consistent
with
the
basic
responsibilities
of
an
Agency
Environmental
Executive
as
described
in
sections
302
and
402
of
the
Executive
Order.
Section
302
charges
each
Agency
Environmental
Executive
with
coordinating
all
environmental
programs
in
the
areas
of
acquisition,
standard
and
specification
revision,
facilities
management,
waste
prevention,
recycling,
and
logistics.
Section
402(
c)
of
the
Executive
Order
further
directs
each
Agency
Environmental
Executive
to
track
and
report,
to
the
FEE,
agency
purchases
of
EPA­
designated
items.
In
the
absence
of
such
an
individual,
EPA
recommends
that
the
head
of
the
implementing
agency
appoint
an
individual
who
will
be
responsible
for
ensuring
the
agency's
compliance
with
RCRA
Section
6002
and
the
Executive
Order.
25
RCRA
requires
and
the
Executive
Order
directs
procuring
agencies
to
establish
APPs
for
each
item
EPA
designates.
In
fulfilling
this
requirement,
EPA
recommends
that
each
agency
develop
a
comprehensive
APP
with
a
structure
that
provides
for
the
integration
of
new
items
as
they
are
designated.
An
agency's
comprehensive
APP
does
not
need
to
be
limited
to
EPA
designated
items.
In
fact,
EPA
encourages
agencies
to
implement
preference
programs
that
expand
beyond
the
EPA
designated
items
in
order
to
maximize
purchases
of
recycled
products
and
foster
additional
markets
for
recovered
materials.

EPA
believes
that
developing
a
single
APP
will
substantially
reduce
procuring
agencies'
administrative
burdens
under
RCRA
that
result
from
EPA
item
designations.
EPA
also
recommends
that
if
a
procuring
agency
does
not
purchase
a
specific
designated
item,
it
should
simply
include
a
statement
in
its
preference
program
to
that
effect.
Similarly,
if
a
procuring
agency
is
unable
to
obtain
a
particular
item
for
one
or
more
of
the
reasons
cited
in
RCRA
Section
6002(
c)(
1),
a
similar
statement
should
be
included
in
the
preference
program
along
with
the
appropriate
justification.
According
to
RCRA
Section
6002(
i)(
2)(
D),
it
is
the
procuring
agency's
responsibility
to
monitor
and
regularly
update
its
APP.
Should
an
item
that
was
previously
unobtainable
become
available,
then
the
procuring
agency
should
modify
its
APP
accordingly.

A.
Specifications
RCRA
Section
6002(
d)(
1)
requires
federal
agencies
responsible
for
drafting
and
reviewing
specifications
for
procurement
items
purchased
by
federal
agencies
to
review
and
revise
their
specifications
and
remove
requirements
specifying
virgin
materials
only
or
excluding
the
use
of
recovered
materials.
This
revision
process
should
have
been
completed
by
May
8,
1986.
For
items
designated
by
EPA,
Section
6002(
d)(
2)
directs
federal
agencies
to
revise
their
specifications
to
require
the
use
of
recovered
materials
to
the
maximum
extent
possible
without
jeopardizing
their
intended
end
use.
Procuring
agencies
are
required
to
complete
their
revisions
within
1
year
of
an
item's
designation
or
publication
of
CPG
revisions,
as
required
by
RCRA
Section
6002(
d)(
2).

As
discussed
in
Appendix
III,
sections
501,
505,
506,
and
507
of
Executive
Order
13101
also
address
federal
specification
requirements.
Section
501
directs
Executive
agencies
to
review
and
revise
their
specifications,
product
descriptions,
and
standards
to
enhance
federal
procurement
of
products
containing
recovered
materials.
26
B.
Preference
Program
A
preference
program
is
the
system
by
which
an
agency
implements
its
stated
"
preference"
for
purchasing
products
containing
recovered
materials.
RCRA
Section
6002(
i)(
3)
requires
procuring
agencies
to
consider
the
following
options
when
implementing
their
preference
programs:
minimum
content
standards,

caseby
case
policy
development,
or
a
substantially
equivalent
alternative.

To
assist
procuring
agencies
in
establishing
their
preference
programs,
when
EPA
designates
an
item,
it
examines
these
statutory
options
and
recommends
the
approach
it
believes
to
be
the
most
effective
for
purchasing
the
designated
item.
Procuring
agencies
may
elect
either
to
adopt
EPA's
recommended
approach
or
to
develop
their
own
approaches,
provided
that,
in
accordance
with
Section
402
of
the
Executive
Order,
the
selected
approach
meets
or
exceeds
EPA's
recommendations
as
described
in
the
RMAN(
s).

1.
Minimum
Content
Standards
One
approach
that
RCRA
Section
6002(
i)(
3)
requires
procuring
agencies
to
consider
is
establishing
minimum
content
standards.
RCRA
Section
6002(
i)(
3)(
B)
further
requires
the
procuring
agency
to
ensure
that
its
standard
requires
the
maximum
amount
of
recovered
materials
content
available
for
the
item,
without
jeopardizing
its
intended
use.

To
assist
procuring
agencies
with
establishing
their
minimum
content
standards,
EPA's
RMANs
recommend
recovered
materials
content
levels,
where
appropriate,
for
most
of
the
items
it
designates.
Under
RCRA
Section
6002(
i),
it
is
the
procuring
agency's
responsibility
to
establish
minimum
content
standards,

while
EPA
provides
recommendations
regarding
the
levels
of
recovered
materials
in
the
designated
items.
To
make
it
clear
that
EPA
does
not
establish
minimum
content
standards
for
other
agencies,
EPA
refers
to
its
recommendations
as
"
recovered
materials
content
levels,"
consistent
with
RCRA
Section
6002(
e)
and
the
Executive
Order.

Whenever
possible,
EPA's
recommendations
are
expressed
as
recovered
materials
content
ranges
within
which
the
items
are
available.
EPA
recommends
that
procuring
agencies
use
these
ranges,
in
conjunction
with
their
own
research
into
the
recovered
materials
content
of
items
available
to
them,
to
establish
their
27
minimum
content
standards.
In
some
instances,
EPA
recommends
a
specific
level
(
e.
g.,
100
percent
recovered
materials),
rather
than
a
range,
because
the
item
is
universally
available
at
the
recommended
level.

Refer
to
Section
II.
C
of
the
Background
Document
for
more
information
on
the
methodology
that
EPA
used
to
establish
recovered
materials
content
ranges
for
the
items
designated
in
CPG
IV.

2.
Case­
by­
Case
Policy
Development
The
second
approach
procuring
agencies
must
consider
is
case­
by­
case
policy
development.
RCRA
Section
6002(
i)(
3)(
A)
describes
case­
by­
case
policy
development
as
"
a
policy
of
awarding
contracts
to
the
vendor
offering
an
item
composed
of
the
highest
percentage
of
recovered
materials
practicable,"
subject
to
the
limitations
of
RCRA
Section
6002(
c)(
1)(
A)
through
(
C)
(
i.
e.,
competition,
price,
availability,
and
performance).
The
case­
by­
case
approach
is
appropriate
where
a
procuring
agency
determines
that
the
minimum
content
standard
it
has
established
for
a
particular
designated
item
is
not
appropriate
for
a
specific
procurement
action
[
i.
e.,
the
procuring
agency
is
unable
to
acquire
the
item
within
the
limitations
described
in
RCRA
Section
6002(
c)(
1)(
A)
through
(
C)].
The
case­
by­
case
approach
allows
a
procuring
agency
to
specify
different
(
usually
lower)
minimum
content
standards
for
specific
procurement
actions,
while
still
ensuring
that
the
agency
fulfills
its
responsibility
to
procure
the
designated
item
containing
the
highest
amount
of
recovered
materials
practicable.

This
method
does
not
obviate
the
need
for
agency
minimum
recovered
materials
content
standards.
It
should
be
applied
to
singular
procurement
actions
only
when
an
agency's
minimum
content
standard
is
unattainable.
If
a
procuring
agency
determines
that
it
is
consistently
unable
to
procure
an
EPA­
designated
item
using
the
minimum
content
standard
it
establishes,
the
agency
should
evaluate
its
needs
and
adjust
its
content
standard
accordingly.

3.
Substantially
Equivalent
Alternative
The
third
approach
specified
in
RCRA
Section
6002(
i)(
3)
requires
procuring
agencies
to
consider
a
substantially
equivalent
alternative
to
minimum
content
standards
and
case­
by­
case
policy
development.
For
28
some
items,
the
use
of
minimum
content
standards
is
inappropriate,
because
the
product
is
remanufactured,

reconditioned,
or
rebuilt
(
e.
g.,
industrial
drums).

4.
Requirements
for
Contractors
Government
contractors
also
are
subject
to
the
requirements
of
RCRA
Section
6002.
These
requirements
are
applicable
where
the
contractor
uses
appropriated
federal
funds
and
purchases
$
10,000
worth
of
a
designated
item
or
purchased
$
10,000
or
more
of
the
item
in
the
previous
year.
See
Appendix
II,
Section
A.
2
for
further
clarification
about
the
applicability
of
RCRA
Section
6002
to
government
contractors.

5.
Exceptions
A
procuring
agency
may
not
always
be
able
to
purchase
a
designated
item
with
recovered
materials
content.
RCRA
Section
6002(
c)(
1)
allows
a
procuring
agency
the
flexibility
not
to
purchase
an
EPA­
designated
item
with
recovered
materials
content
if
any
of
the
following
conditions
apply:

#
The
agency
is
unable
to
secure
a
satisfactory
level
of
competition.

#
The
item
is
not
reasonably
available
within
a
reasonable
period
of
time.

#
The
item
fails
to
meet
the
performance
standards
set
forth
in
the
agency's.
specification.

#
The
item
is
available
only
at
an
unreasonable
price.

Section
402
of
Executive
Order
13101
further
directs
that,
if
a
procuring
agency
waives
its
requirement
to
purchase
an
EPA­
designated
item
with
recovered
materials
content,
it
must
provide
a
written
justification
specifying
one
or
more
of
the
exceptions
listed
above.

Competition
EPA
recommends
that
determinations
of
"
satisfactory"
competition
be
made
in
accordance
with
the
procuring
agency's
procurement
requirements.
29
30
Availability
and
Performance
Information
on
the
economic
and
technological
feasibility
of
producing
each
designated
item,
including
the
availability
and
number
of
manufacturers
that
produce
the
item,
the
ability
of
the
item
to
meet
federal
or
national
specifications,
the
recovered
materials
content
levels
used
by
manufacturers
to
produce
the
item,
and
other
information
can
be
found
in
the
item­
specific
discussions
in
subsection
2,
"
Rationale
for
Designation,"
of
each
item
description
discussion
in
sections
VIII
through
XII
of
this
document.

Price
In
previous
guidelines,
EPA
defined
an
unreasonable
price
as
a
price
that
is
greater
than
the
price
of
a
competing
product
made
from
virgin
materials.
EPA
further
interprets
the
reasonable
price
provision
of
RCRA
Section
6002(
c)(
1)(
C)
to
mean
that
there
is
no
projected
or
observed
long­
term
or
average
increases
over
the
price
of
competing
virgin
items.
This
interpretation
is
supported
in
the
preamble
to
OFPP
Policy
Letter
92­
4
(
57
FR
53364),
which
provides
that
there
is
no
legal
mandate
to
provide
a
price
preference
for
products
containing
recovered
materials
over
similar
virgin
products.

C.
Promotion
Program
RCRA
Section
6002(
i)(
2)(
B)
requires
each
procuring
agency
to
adopt
a
program
to
promote
its
preference
to
purchase
EPA­
designated
items
with
recovered
materials
content.
The
promotion
component
of
the
APP
educates
staff
and
notifies
an
agency's
current
and
potential
vendors,
suppliers,
and
contractors
of
the
agency's
intention
to
buy
recycled
products.

EPA
believes
that
an
agency's
promotion
program
should
consist
of
two
components:
an
internal
promotion
program,
targeted
toward
the
agency's
employees,
and
an
external
promotion
program,
targeted
toward
the
agency's
vendors
and
contractors.

1.
Internal
Promotion
31
Procuring
agencies
can
use
several
methods
to
educate
their
employees
about
their
APP.
These
methods
include
preparing
and
distributing
agency
affirmative
procurement
policies
through
in­
house
electronic
mail
and
other
media,
publishing
or
posting
articles
in
agency
newsletters
and
on
the
Agency's
World
Wide
Web
home
page,
including
APP
requirements
in
agency
staff
manuals,
and
conducting
workshops
and
training
sessions
to
educate
employees
about
their
responsibilities
under
agency
APPs.

2.
External
Promotion
Methods
for
educating
existing
contractors
and
potential
bidders
of
an
agency's
preference
to
purchase
products
containing
recovered
materials
include
publishing
articles
in
appropriate
trade
publications,
posting
notices
on
the
agency's
World
Wide
Web
home
page,
participating
in
vendor
shows
and
trade
fairs,
placing
statements
in
solicitations,
and
discussing
an
agency's
APP
at
bidders'
conferences.

D.
Estimation,
Certification,
and
Verification
Agencies
should
use
standard
contract
provisions
to
estimate,
certify,
and,
where
appropriate,

reasonably
verify
the
recovered
materials
content
in
a
product
procured
by
an
agency.
Programs
also
must
be
monitored
and
tracked
to
ensure
that
they
are
fulfilling
their
requirements
to
purchase
items
composed
of
recovered
materials.
E.
O.
13101
requires
agencies
to
report
compliance
annually
to
the
FEE.

E.
Procedures
to
Monitor
and
Review
the
Procurement
Program
Procuring
agencies
should
monitor
their
APP
to
ensure
that
they
are
fulfilling
their
requirement
to
purchase
items
composed
of
recovered
materials
to
the
maximum
extent
practicable.
RCRA
Section
6002(
i)(
2)(
D)
requires
the
APP
to
include
procedures
for
monitoring
and
annually
reviewing
the
effectiveness
of
an
agency's
APP.
RCRA
Section
6002(
g)
requires
OFPP
to
submit
a
report
to
Congress
every
2
years
on
actions
taken
by
federal
agencies
to
implement
the
affirmative
procurement
requirements
of
the
statute.
Section
402
of
Executive
Order
13101
directs
each
agency's
Environmental
Executive
to
track
and
report
on
agency
purchases
of
EPA­
designated
items.
Section
302
directs
the
FEE
to
submit
a
biennial
report
to
the
President
on
Executive
agency
compliance
with
the
Executive
Order.
In
order
to
fulfill
their
responsibilities,
the
FEE
and
OFPP
request
information
from
appropriate
agencies
on
their
affirmative
procurement
practices.
It
is
32
important,
therefore,
for
agencies
to
monitor
their
APP
to
ensure
compliance
with
RCRA
Section
6002
and
Executive
Order
13101.

In
order
to
comply
with
the
Executive
Order,
agencies
will
need
to
evaluate
their
purchases
of
products
made
with
recovered
materials
content.
This
also
will
allow
them
to
establish
benchmarks
from
which
progress
can
be
assessed.
To
evaluate
their
procurements
of
products
containing
recovered
materials,
procuring
agencies
may
choose
to
collect
data
on
the
following:

#
The
percentages
of
recovered
materials
content
in
the
items
procured
or
offered.

#
Comparative
price
information
on
competitive
procurements.

#
The
quantity
of
each
item
procured
over
a
fiscal
year.

#
The
availability
of
each
item
with
recovered
materials
content.

#
Performance
information
related
to
the
recovered
materials
content
of
an
item.

EPA
recognizes
that
a
procuring
agency
may
be
unable
to
obtain
accurate
data
for
all
designated
items
but
believes
that
estimates
will
be
sufficient
to
determine
the
overall
effectiveness
of
an
agency's
APP.
