GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)

### Appendix 523A—GSA Affirmative Procurement Program
GSA Order OGP 2851.1

GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
OGP 2851.1
March 15, 2000

##### GSA ORDER

SUBJECT: GSA Affirmative Procurement Program
1. Purpose. This Order establishes the GSA Affirmative Procurement Program for purchase and use of Environmental Protection Agency (EPA) designated Comprehensive Procurement Guideline (CPG) items containing recovered materials, environmentally preferable, and biobased products.
2. Cancellations. GSA Affirmative Procurement Program dated June 19,1996, and Acquisition Letter MV-93-9, Acquisition of Environmentally Preferable Products, are canceled.
3. Background. GSA, as a Federal procuring agency, is required to procure and use products containing post-consumer content (recycled material) by the Resource Conservation and Recovery Act (RCRA), Section 6002, and Executive Order (EO) 13101, “Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition.” EO 13101 also requires Federal agencies to procure and use environmentally preferable and biobased products. Both RCRA Section 6002 and EO 13101 require Federal agencies to develop and implement an Affirmative Procurement Program to facilitate the procurement of these products.
4. Nature of revision. This revision updates GSA’s Affirmative Procurement Program to comply with current statutory, Executive Order and EPA requirements.
5. Implementation. Heads of Contracting Activities (HCAs) that are responsible for acquiring personal property, nonpersonal services (including construction), and leasehold interests in real property, will develop implementation plans within 180 days of the date of this order to comply with the attached GSA Affirmative Procurement Program. This order is not intended to restrict Federal Supply Schedule contracting programs.

Sue McIver Acting Deputy Associate Administrator for Acquisition Policy | Paul M. Lynch GSA Environmental Executive

Attachment

##### U.S. General Services Administration Affirmative Procurement Program

##### March 15, 2000

A Program for Compliance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) and Executive Order (EO) 13101 requiring the purchase and use of Environmental Protection Agency (EPA) designated Comprehensive Procurement Guideline (CPG) items containing recovered materials, “environmentally preferable,” and biobased products.

Preface

The U.S. General Services Administration (GSA), as a Federal procuring agency, is required to procure and use products containing post-consumer content (recycled material) by the Resource Conservation and Recovery Act (RCRA), Section 6002, and Executive Order (EO) 13101, “Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition.” EO 13101 also requires Federal agencies to procure and use “environmentally preferable” and biobased products. Both RCRA Section 6002 and EO 13101 require each Federal agency to develop and implement an Affirmative Procurement Program (APP) to facilitate the procurement of these products.

The APP seeks to promote markets for products containing recycled materials, thereby reducing the quantity of solid waste requiring disposal. Procurement and use of “environmentally preferable” and biobased products promotes the technologies to develop products that effectively compete with the traditional products already familiar to us. The Federal Government is the largest purchasing agent in the U.S.; therefore, it is important that we maximize the procurement and use of these new environmental products in order to help increase and expand the market.

Implementing these guidelines to the maximum extent possible provides for:

(1) The opportunity for GSA to demonstrate its commitment to the environment by becoming a leader in the procurement and use of environmental products.

(2) Increased demand for these products, creating markets for recycled materials.

(3) Decreased demand for virgin products.

(4) Reduction in landfill space required and associated costs.

(5) Direct or indirect cost savings from the procurement of designated products containing recycled content versus traditional virgin products.

(6) Benefits associated with some products containing recycled content that possess improved properties over traditional virgin products.

(7) Development of new environmental technologies.

Each GSA region and Central Office service and staff office must participate in the GSA APP to the maximum extent feasible. Questions regarding this program may be directed to the Office of Acquisition Policy (MV) or the GSA Environmental Executive.

##### Table of Contents

Topic Page

Preface i

Purpose 1

Policy 1

Applicability 2

Background 2

EPA-Designated CPG Items and RMANs 3

Affirmative Procurement Key Program Elements 3

Preference Program 3

Promotion Program 4

Vendor Estimation, Certification, and Verification 5

Annual Review, Monitoring, and Reporting 6

Determination 7

Specification Control 7

Awards 8

Goals 8

Waste Prevention Opportunities 8

Appendices

A. GSA Affirmative Procurement Program Fact Sheet 9

B. Sample Format for Determination 12

C. Summary of Legislative and Regulatory Requirements 13

D. Definitions 15

##### GSA Affirmative Procurement Program

1. Purpose

The GSA Affirmative Procurement Program (APP) establishes policy and procedures to assist GSA procurement and program offices promote the purchase of products containing recycled material, “environmentally preferable” products and services, and biobased products in accordance with the requirements of RCRA, Section 6002, EO 13101, and Office of Federal Procurement Policy (OFPP) Letter 92-4.

2. Policy

(a) All GSA procurement and requisitioning offices will procure and use products containing recycled materials, “environmentally preferable” products and services, and biobased products to the maximum extent feasible. GSA will procure and use those products:

(1) Specified by the U.S. Environmental Protection Agency (EPA) as Comprehensive Procurement Guideline (CPG) items and their associated Recovered Materials Advisory Notices (RMANs). The list of CPG items is available at http://www.epa.gov/cpg.

(2) Designated as environmentally oriented in the GSA Federal Supply Service “Environmental Products and Services Guide.” This guide is available at the FSS Environmental Homepage at http://pub.fss.gsa.gov/environ.

(3) To be designated as biobased products on the United States Department of Agriculture (USDA) Biobased Products List. The APP will be updated once this list becomes available.

(b) Many of these products are already available through various GSA supply programs.

(c) Each region and Central Office service and staff office must implement this program tailored to its own needs. Each Head of the Contracting Activity (HCA) will develop an implementation plan that, at a minimum, addresses key program elements that are required by law. To facilitate program implementation, the appendices include an APP Fact Sheet, sample determination format, a summary of legislative and regulatory requirements, and definitions. The list of EPA-designated CPG items and RMANs is available at http://www.epa.gov/cpg.

3. Applicability

The APP applies to 100 percent of GSA purchases of EPA-designated CPG items unless the item is not available competitively within a reasonable time frame, does not meet appropriate performance standards, or is only available at an unreasonable price. This program applies to all regions and to Central Office services and staff offices that are responsible for acquiring personal property, nonpersonal services (including construction), and leasehold interests in real property. The program applies to GSA offices purchasing items for internal use or consumption (e.g., office supplies, carpet, etc.) as well as to contracts that provide for contractor operation of a Government-owned or -leased facility and contracts that provide for contractor or other support services at Government-owned or -operated facilities. This APP applies to the acquisition and management of Federally owned and leased space and the acquisition and management of all leased space and construction of new Federal buildings.

4. Background

(a) RCRA Section 6002, EO 13101, and OFPP Letter 92-4 require each procuring agency to develop and implement an affirmative procurement program. A procuring agency is defined as:

“…any Federal agency, or any State agency, or agency of a political subdivision of a State which uses appropriated Federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract.” [The term “person” is defined in such a way as to include contractors.]

(b) The OFPP letter and the order further require that this program be cost-effective. The letter defines a “Cost-Effective Procurement Preference Program” as one “…that favors, where price and other factors are equal, the procurement of products and services that are more environmentally-sound or energy-efficient than other competing products and services.”

(c) Any solicitation or contract that is for, or specifies the use of, an EPA-designated CPG item must include the appropriate solicitation provision and contract clause (FAR 52.223-4 and 52.223-9).

(d) There are 3 situations when GSA may justify not purchasing an EPA- designated CPG item or “environmentally preferable” product:

(1) It is not available competitively within a reasonable time frame.

(2) It does not meet appropriate performance standards.

(3) It is only available at an unreasonable price.

(e) References to environmental issues are included in the Federal Acquisition Regulation (FAR) at Parts 7 (Acquisition Planning), 10 (Market Research), 11 (Describing Agency Needs), 23 (Environment, Conservation, Occupational Safety, and Drug-Free Workplace), and 42 (Contract Administration). Similar references may also be found in the General Services Administration Acquisition Manual (GSAM) at Parts 508, 511, and 523.

5. EPA-Designated CPG Items and RMANs

(a) RCRA and the Executive order require EPA to designate CPG items and their accompanying RMANs. All procuring agencies must comply with the EPA guidance. The RMAN for each product line describes the minimum amount or a range of recycled material that must be present in the particular product purchased.

(b) The EPA-designated CPG items and associated RMANs are subject to additions and revisions by EPA. The web site at http://www.epa.gov/cpg will be updated accordingly.

6. Affirmative Procurement Key Program Elements

(a) For compliance with RCRA, Section 6002 and EO 13101, an APP is to address the following key program elements:

(1) Preference Program

(2) Promotion Program

(3) Procedures for estimation, certification and verification

(4) Performance measures or procedures (for annual review and monitoring)

(b) At a minimum, each APP implementation plan must incorporate these program elements.

7. Preference Program

(a) Each HCA will develop a plan to implement the procurement preference program for each of the EPA-designated CPG items, “environmentally preferable” products and services, and biobased products. Many such products are available through GSA’s Federal Supply Schedules. Give preference to these when price, performance and availability are equal to traditional products and services.

(b) Competition between environmental products and services required by RCRA and EO 13101 and traditional products and is encouraged when adequate competition is not available for the former based on market research. Award may be made to the traditional product or service based on one of the exemptions. While the EPA web site lists manufacturers and suppliers for the CPG items, newly introduced products or services may not have sufficient manufacturers and suppliers to provide a satisfactory level of competition.

(c) The procurement originator is responsible for defining product performance requirements. When the solicitation includes a recycled product, the originator must ensure that it meets the minimum recycled content required by EPA.

(d) If a contracting officer consistently experiences a problem procuring a CPG item that meets the RMAN requirements for recycled content, he or she should contact the GSA Environmental Executive for assistance.

(e) For purchases at or under the micropurchase threshold, procurement originators and purchasers are encouraged to consider aggregating when this method would promote economy and efficiency. When aggregating results in a requirement that exceeds the purchasing authority of an individual, another purchaser with adequate authority must execute the action.

8. Promotion Program

(a) The GSA Office of Acquisition Policy (MV) and the GSA Environmental Executive will actively promote GSA’s policy to purchase recycled products and will provide guidance to the services and regional offices on implementing the program. MV and the GSA Environmental Executive will:

(1) Promote the GSA preference program in trade publications, recycling/environmental journals, and procurement publications.

(2) Develop and provide standard language for solicitations and statements of work.

(3) Develop and provide information and training to procurement and program offices regarding GSA’s preference program for recycled products through conferences, workshops, and meetings.

(4) Provide vendor and product information by means of:

(a) Multi-use File for Interagency News (MUFFIN).

(b) GSA Advantage! on-line shopping service.

(c) FSS publications such as the “Environmental Products and Services Guide,” applicable Federal Supply Schedules, “Marketips,” and other customer catalogs.

(b) Each HCA will implement a promotional program that:

(1) Informs suppliers about the recycled product lines in GSA’s preference program.

(2) Educates procurement and program offices about requirements to procure recycled products.

(3) Incorporates life cycle cost analysis whenever feasible and appropriate to assist in selecting an EPA-designated CPG item.

(4) Provides GSA and its contractors information on sources of recycled products.

(5) Encourages contractors to use electronic commerce/electronic data interchange (EC/EDI).

(6) Requires contractors to maximize the use of double-sided recycled content paper for submitting written acquisition documents.

9. Vendor Estimation, Certification and Verification

(a) The GSA Federal Supply Service, Government Printing Office (GPO) and Department of Defense (DoD)/Defense Logistics Agency (DLA) have established their own system regarding certification and verification of EPA-designated CPG items. Products purchased from these sources will need no further action.

(b) When conducting open market procurements in excess of the micropurchase threshold, the following procedures apply:

(1) Estimation and Certification.

(a) In solicitations that are for, or specify the use of, recovered materials:

(i) The contracting officer must include FAR 52.223-4, Recovered Material Certification.

(ii) A vendor responding to the solicitation must provide the required certification with its offer.

(b) In contracts exceeding the simplified acquisition threshold that are for, or specify the use of, an EPA-designated item:

(i) The contracting officer must include FAR 52.223-9, Certification and Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

(ii) The contractor must provide the required certification and estimate at contract completion.

(2) Verification. The GSA Environmental Executive shall periodically review vendor certification documents as part of the annual review and monitoring process. These reviews will assist in verifying GSA’s compliance with EO 13101.

10. Annual Review, Monitoring and Reporting

(a) RCRA and EO 13101 require the GSA Environmental Executive to:

(1) Ensure that GSA procures and uses the maximum amount feasible of EPA- designated CPG items.

(2) Submit an annual status report to the Office of Management and Budget (OMB) and the Office of the Federal Environmental Executive.

(b) The annual status report must address:

(1) CPG item purchases.

(2) Status of review of product specifications, descriptions and standards regarding new products.

(3) Justification as to why CPG products were not purchased or submit a plan as to how GSA will increase purchases.

(c) The GSA Environmental Executive will relay to regional and Central Office services and staff offices strengths and weaknesses of the GSA APP identified by this process.

(d) Regions and Central Office services and staff offices are required to participate and cooperate in all tracking mechanisms and review processes developed and implemented by the GSA Office of Acquisition Policy and Environmental Executive. The GSA Environmental Executive will initiate specific procedures for gathering procurement data, develop a monitoring strategy and transmit these to the responsible service and regional offices.

11. Determination

(a) The following conditions may justify not purchasing an EPA-designated CPG item or a product that does not meet the content level described in EPA’s web site at http://www.epa.gov/cpg (for certain product lines GSA may exceed the amount of recycled material specified in the RMAN):

(1) It is not available competitively within a reasonable time frame.

(2) It does not meet appropriate performance standards.

(3) It is only available at an unreasonable price. EPA defines 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 are no projected or observed long-term or average increases over the price of competing virgin items. This interpretation is supported in the preamble to the 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.”

(b) For acquisitions exceeding the micropurchase threshold, each determination must be documented in writing, citing the appropriate justification(s), and providing an explanation. The contracting officer must:

(1) Sign and date the determination.

(2) Retain the original determination in the official contract file.

(3) Provide a copy of the determination to the GSA Environmental Executive.

(c) Appendix B provides a sample format for determinations. Either the procurement originator or the contracting officer may initiate the determination.

12. Specification Control

(a) The procurement originator is responsible for reviewing product performance specifications, product descriptions, and standards of EPA-designated CPG items during the acquisition planning stage. Specifications and standards regarding a CPG product line must relate to the performance of that product. Product specifications and standards that prevent the purchase of CPG items or “environmentally preferable” products must be revised or eliminated in the actual procurement specifications. Product specifications, where appropriate, must:

(1) Express preference for purchase of products with recovered materials.

(2) Eliminate requirements for virgin materials.

(3) Eliminate requirements excluding use of recovered materials.

(4) Specify performance requirements.

(5) Eliminate performance standards having more stringent requirements than necessary.

(b) Questions regarding product performance and availability should be directed to the GSA Environmental Executive.

13. Awards

(a) The GSA Environmental Executive administers the annual GSA Environmental Awards program in which the Administrator recognizes employees for their successful efforts in waste prevention, recycling, and affirmative procurement. Requests for nominations will appear in “GSA Update” periodically. Any GSA employee may submit nominations (e.g., procurement, program, environmental personnel, supervisors, or co-workers). In completing your nomination, consider the following suggestions:

(1) Provide a clear and concise description of the environmental initiative.

(2) Show how success was measured.

(3) Document success with data.

14. Goals

The GSA Environmental Executive will establish annual agency-wide environmental goals, which will focus on the requirements of EO 13101 and the current environmental initiatives established by the Administration and GSA. Environmental goals will be updated as necessary. The GSA Environmental Executive will distribute information on goals to services and regions to allow them to plan the coming fiscal year initiatives.

15. Waste Prevention Opportunities

The GSA Environmental Executive will update services and regions on the latest waste prevention opportunities on a regular basis and establish a clearinghouse of best practices in the environmental arena.

##### Appendix A
GSA Affirmative Procurement Program Fact Sheet

What is the GSA Affirmative Procurement Program?

The GSA Affirmative Procurement Program (APP) was developed to fulfill the requirements of both the Resource Conservation and Recovery Act (RCRA) Section 6002 and Executive Order (EO) 13101, “Greening the Government Through Waste Prevention, Recycling and Federal Acquisition.” It ensures that we procure and use “environmentally preferable” products and those containing recycled materials to the maximum extent feasible. GSA will focus its attention on the procurement and use of those products specified by the U.S. Environmental Protection Agency (EPA) as Comprehensive Procurement Guideline (CPG) items and the companion publications “Recovered Materials Advisory Notices” (RMANs) (see http://www.epa.gov/cpg).

Why must GSA comply with RCRA Section 6002 and EO 13101?

RCRA requires all Federal agencies to purchase an EPA-designated CPG item when either (1) the purchase of such item or a “functionally equivalent” one exceeds $10,000, or (2) applicable purchases or acquisitions made in the preceding fiscal year exceeded $10,000. This $10,000 threshold applies to each procuring agency as a whole; therefore, all GSA contracting officers and requisitioning offices are required to comply.

How will the GSA APP be implemented?

Each service and region will determine the best way to implement this program, but every GSA employee is responsible for purchasing EPA-designated CPG items whenever feasible. Each region and Central Office service and staff office must also measure their success in meeting environmental goals.

Does the APP apply to micropurchases?

Yes. You must give preference to EPA-designated CPG items, “environmentally preferable” products and services, and biobased products when price, performance, and availability are equal to traditional products and services. The list of EPA-designated CPG items is available at http://www.epa.gov/cpg. Many EPA-designated CPG items with appropriate recovered material content levels and “environmentally preferable” products and services are available in the GSA Federal Supply Service “Environmental Products and Services Guide” which is available at http://pub.fss.gsa.gov/environ. The United States Department of Agriculture (USDA) will be developing a Biobased Products List and this APP will be updated once this list becomes available. Neither the clauses in paragraph 9 nor the written determination required in paragraph 11 of the APP apply to micropurchases.

Exactly what products is GSA required to buy and use?

We will concentrate our efforts to buy and use the products designated by EPA as CPG items. These items are manufactured from recycled materials and range from office products to construction materials. A complete listing of these items appears at http://www.epa.gov/cpg. We will also procure and use “environmentally preferable” products, especially cleaning products and paints and other chemicals with appropriate Volatile Organic Compound (VOC) content levels. Many of these are available at http://pub.fss.gsa.gov/environ.

What is a “Recovered Materials Advisory Notice” (RMAN)?

The RMAN is the amount of recycled content that a CPG item must contain in order to fulfill the objective of RCRA and EO 13101. Before EPA designates a certain product line for inclusion as a CPG item, they do extensive research into the product availability, efficacy, and costs at a specified level of recycled content. For example, suppose you want to buy copier paper containing 100% recycled content; it may be so costly or scarce that its purchase and use wouldn’t be feasible. However, EPA has determined that copier paper containing 30% recycled content is widely available and competitively priced. Therefore 30% recycled content for copier paper becomes the EPA RMAN.

How does the GSA APP impact our contracts and contractors?

Under covered contracts, procurement originators must write specifications to ensure the following: preference for recovered material and elimination of requirements for virgin materials; preference for purchase of products with recovered materials and elimination of requirements that exclude the use of recovered materials; and, performance standards that do not contain more stringent requirements than necessary. Additionally, contracting officers must include the necessary Federal Acquisition Regulation (FAR) provision and clause in solicitations for covered contracts (FAR 52.223-4 and FAR 52.223-9).

Are there any situations when we are excused from purchasing a CPG item?

There are only 3 situations when GSA may justify not purchasing an EPA-designated CPG item:

(1) It is not available competitively within a reasonable time frame.

(2) It does not meet appropriate performance standards.

(3) It is only available at an unreasonable price.

For acquisitions exceeding the micropurchase threshold, contracting officers must submit a written determination citing the appropriate justification(s) and providing an explanation to the GSA Environmental Executive (see sample format at Appendix B of the GSA APP).

Where can I obtain more information about the GSA APP?

If you have specific questions regarding the environmental aspects of this program, contact the GSA Environmental Executive on (202) 501–0971. For acquisition related questions, contact the GSA Acquisition Policy Division (MVP) on (202) 501–1224.

Who is responsible for reporting GSA’s success in implementing this APP?

The GSA Environmental Executive makes annual reports to the Office of Management and Budget and the Office of the Federal Environmental Executive.

##### Appendix B
Format for Determination

#####

##### Appendix C
Summary of Legislative and Regulatory Requirements

Resource Conservation and Recovery Act (RCRA). In 1976, RCRA was enacted to replace the Solid Waste Disposal Act of 1965. The primary function of RCRA is to ensure the safe and environmentally acceptable management of solid waste. Two preferred methods of solid waste management are recycling and resource recovery, and both can be encouraged through Federal procurement policies promoting purchasing and using products made from recovered materials.

Executive Order (EO) 13101. On September 14, 1998, the President of the United States issued EO 13101, “Greening the Government Through Waste Prevention, Recycling and Federal Acquisition.” The order expands Federal waste prevention and recycling programs and reiterates Federal procurement policies mandated by RCRA. The order also requires Federal agencies to procure other “environmentally preferable” products and services. EO 13101 specifies that Federal agencies, that have not already done so must develop and implement, to the extent practicable, affirmative procurement programs within 90 days after the effective date of the order.

The main goals of Section 6002 of RCRA and EO 13101 are to:

• Promote cost-effective waste prevention activities and recover materials reusable by Federal agencies.

• Stimulate private sector markets for recovered materials through preferential (designated) item procurement.

• Spur private sector new technologies development, thereby creating new business and employment opportunities, through the use of recycled and “environmentally preferable” products.

• Conserve waste disposal capacity through cost-effective waste prevention and recycling programs.

• Establish Federal waste prevention and recycling leadership.

GSA’s Affirmative Procurement Program (APP) incorporates the requirements of RCRA and the Executive order pertaining to affirmative procurement.

Environmental Protection Agency (EPA). EPA has issued Federal procurement guidelines containing regulatory requirements binding on Federal agencies. The guidelines also contain recommendations for Federal agencies to develop and implement affirmative procurement programs. For each guideline, EPA requires procuring agencies to incorporate the designated item into their APPs. EPA’s guidelines are codified at 40 CFR 247. Agencies have one year from the time of issuance to comply with additional guidelines.

A complete reference of EPA Procurement Guidelines for the current CPG items is available electronically on the EPA web site at http://www.epa.gov/cpg.

OFPP Policy Letter 92-4. OFPP Policy Letter 92-4, “Procurement of Environmentally-Sound and Energy-Efficient Products and Services,” establishes Executive branch policies for the acquisition and use of environmentally-sound, energy-efficient products and services. OFPP’s Policy Letter requires procuring Federal agencies, when drafting or reviewing specifications for guideline items, to assure they:

(1) Do not exclude the use of recovered materials;

(2) Do not unnecessarily require the item to be manufactured from virgin materials; and

(3) Require the use of recovered materials and environmentally-sound components to the maximum extent practicable without jeopardizing the intended use of the item.

Federal agencies must use product descriptions and prepare contract specifications reflecting cost-effective procurement and use of designated recycled products, encouraging bidders to supply products containing recycled material.

An electronic copy of this letter is available on: http://www.arnet.gov. Click the “Reference Corner” and then the “Office of Federal Procurement Policy Letters.”

##### Appendix D
Definitions

Acquisition—acquiring by contract with appropriated funds for supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation, selection of sources, contract award and financing details, contract performance and administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract. [EO 13101] Note: The term acquisition also applies to the act of obtaining items of supply from established Federal supply sources, such as GSA/FSS and DoD/DLA, through the automated or manual requisitioning process.

Affirmative Procurement Program (APP)—a program assuring that EPA-designated Comprehensive Procurement Guideline (CPG) items composed of recovered materials and “environmentally preferable” and biobased products will be purchased to the maximum extent practicable, consistent with Federal law and procurement regulations. [RCRA, Section 6002, EO 13101]

Biobased Product—a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials.

Certification—written documentation provided by offerors/bidders/vendors certifying that the percentage of recovered materials contained in products or used in the performance of the contract is at least the amount required by applicable specifications or other contractual requirements. Certification on multi-component or multi-material products should verify the percentage of postconsumer waste and recycled material contained in the major constituents of the product. [EPA Guidelines]

Cost-Effective Procurement Preference Program—a procurement program favoring more environmentally-sound or energy-efficient products and services than other competing products and services, where price and other factors are equal. [OFPP Policy Letter 92-4]

Designated Item—an available EPA guideline item or category of items, made with recovered material, advancing the purpose of RCRA when purchased. [RCRA, Section 6002]

Environmentally Preferable—products or services having a lesser or reduced [negative] effect on human health and the environment when compared with competing products or services, serving the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. [EO 13101]

Environmentally-Sound—a product or service less damaging to the environment when used, maintained, and disposed of in comparison to a competing product or service. [OFPP Policy Letter 92-4]

Estimation—quantitative determination made by vendors of the total percentage of recovered material contained in offered products. Estimations should be based on historical or actual percentages of recovered materials in products sold in substantial quantities to the general public or on other factual basis. EPA recommends procuring agencies maintain records of these documents for three years by product type, quantity purchased, and price paid. [EPA Guidelines]

Executive Agency or Agency—an Executive agency as defined in 5 U.S.C. 105. For the purpose of EO 13101, military departments, as defined in 5 U.S.C. 102, are covered under the auspices of the Department of Defense. [EO 13101]

Federal Supply Source—any supply source managed by a Federal agency such as the General Services Administration’s Federal Supply Service, the Government Printing Office, or the Department of Defense’s Defense Logistics Agency.

Life Cycle Assessment—the comprehensive examination of a product’s environmental and economic aspects and potential impacts throughout its lifetime, including raw material extraction, transportation, manufacturing, use, and disposal. [EO 13101]

Life Cycle Cost—the amortized annual cost of a product, including capital costs, installation costs, operations costs, maintenance costs, and disposal costs discounted over the lifetime of the product. [EO 13101]

Minimum Content Standard—the minimum recovered material content specifications set to assure the recovered material content required is the maximum available without jeopardizing the intended item use or violating the limitations of the minimum content standards set forth by EPA’s guidelines. [RCRA, Section 6002]

Performance Specification—a specification stating the desired product operation or function, but not specifying its construction materials. [EPA Guidelines]

Postconsumer Material—a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. “Postconsumer material” is a part of the broader category of “recovered material.” [EO 13101]

Postconsumer Waste—a material or product, discarded for disposal after passing through the hands of a final user, having served its intended purpose. Postconsumer waste is part of the broader category of “recycled material.” [OFPP Policy Letter 92-4 and 40 CFR 247.101(e)]

Practicable—capable of performing in accordance with applicable specifications, available at a reasonable price and within a reasonable period of time, and while maintaining a satisfactory level of competition with other products. [EPA Guidelines]

Preference—when two products or services are equal in performance characteristics and price, the Government, in making purchasing decisions, will favor the more environmentally-sound or energy-efficient product. [OFPP Policy Letter 92-4]

Preference Standard—the highest practicable minimum content standards for products. When minimum content is impractical to calculate, preference is for the presence of a recovered material or an environmentally oriented trait (i.e., retread tires).

Procurement Guidelines—regulations issued by EPA pursuant to Section 6002 of RCRA: (1) identifying items produced (or that can be produced) with recovered materials, where procurement of such items will advance the objectives of RCRA; and (2) providing recommended practices for the procurement of such items. [RCRA, Section 6002]

Procuring Agency—any federal or State agency, or agency of a State’s political subdivision using appropriated Federal funds for a procurement, or any person contracting with any such agency with respect to work performed under a contract. [EPA Guidelines]. The term “person” means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body and shall include each department, agency, and instrumentality of the United States.

[42 U.S.C. 6903 (15)]

Recovered Material—waste materials and by-products recovered or diverted from solid waste, excluding those materials and by-products generated from, and commonly reused within, an original manufacturing process. [EO 13101 and 42 U.S.C. 6903 (19)]

Recycled Material—a material utilized in place of raw or virgin material in product manufacturing consisting of materials derived from postconsumer waste, industrial scrap, material derived from agricultural wastes, and other items, all of which can be used in new product manufacture. [EPA Guidelines and OFPP Policy Letter 92-4]

Recycling—the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of new products other than fuel for producing heat or power by combustion. [EO 13101]

Solid Waste—garbage, refuse, sludges, and other discarded solid materials, including those from industrial, commercial, and agricultural operations, and from community activities. This excludes solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flow, etc. [EPA Guidelines]

Specification—a clear and accurate description of the technical requirements for materials, products, or services including the minimum requirement for materials’ quality and construction and any equipment necessary for an acceptable product. In general, specifications are in the form of written descriptions, drawings, prints, commercial designations, industry standards, and other descriptive references. [EPA Guidelines]

Verification—procedures used by procuring agencies to confirm both vendor estimates and certifications of the percentages of recovered material contained in the products supplied to them or to be used in the performance of a contract. [EPA Guidelines]

Virgin Material—a mined or harvested raw material to be used in manufacturing.

Waste Prevention—any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. [EO 13101]

Waste Reduction—preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and “environmentally preferable” products. [EO 13101]