GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)

## Part 523—Environment, Conservation, Occupational Safety and Drug-Free Workplace

### Subpart 523.3—Hazardous Materials Identification and Material Safety Data #### 523.303 Contract clause. (a) Insert 552.223-70, Hazardous Substances, in solicitations and contracts for packaged items subject to the Federal Hazardous Substances Act and the Hazardous Materials Transportation Act. (b) Insert 552.223-71, Nonconforming Hazardous Materials, in solicitations and contracts for supplies that contain hazardous materials.

#### 523.370 Solicitation provision. Insert 552.223-72, Hazardous Material Information, in any solicitation that provides for delivery of hazardous materials on an f.o.b. origin basis.

### Subpart 523.4—Use of Recovered Materials

#### 523.403 Policy.

(a) GSA’s Affirmative Procurement Program (Appendix 523A) establishes agency policy and procedures for the procurement of products containing recovered materials. In implementing the Program, contracting activities will:

(1) Communicate to industry that markets exist for environmentally preferable products (See FAR 23.7), including products containing recovered materials.

(2) Ensure that product specifications do not impede the acquisition of products containing recovered materials.

(3) Purchase EPA designated products to the maximum extent practicable.

(4) Identify other product categories that offer opportunities for the purchase of environmentally preferable products. To the maximum extent practicable, and consistent with applicable provisions of Federal procurement law, acquire these products before non-environmentally preferable products.

(b) To the extent permitted by law, and where economically feasible, E.O. 13101 applies to the acquisition and management of federally owned and leased space.

(1) Solicitations for services, leased space, and construction must include environmental and recycling provisions.

(2) These provisions should include specifications promoting, and maximizing, the use of environmentally preferable products, including products containing recovered materials, by contractors and subcontractors.

(c) Purchases by construction contractors or their subcontractors are included in this program.

(d) You must use applicable minimum content standards in all acquisitions that include an EPA designated product. In addition to new acquisitions, this includes:

(1) Delivery orders placed against established source contracts that identify environmentally preferable products.

(2) Orders from such sources as the GSA/Federal Supply Service Environmental Products Guide or GSA Supply Catalog.

#### 523.404 Procedures.

Under FAR 23.404(b)(3), the Agency Environmental Executive must approve any purchase of designated products that does not meet or exceed EPA guidelines and standards.

#### 523.404-70 Preference programs for other than EPA designated products.

(a) The statutory requirements associated with affirmative procurement programs only apply to products covered by EPA guidelines. GSA must also meet goals established under E.O. 13101 to maximize the number of recycled products purchased. Contracting activities should conduct market research and analysis for routinely procured products to identify additional opportunities to establish product preferences through:

(1) Minimum material content requirements in applicable product descriptions.

(2) Description of services to be performed.

(b) Alternatively, the contracting activity may require that offerors provide a product incorporating some recovered material, without specifying a percentage, that will allow the product to meet the required standard of performance. Do this only if market research indicates that industry is capable of producing a product with recovered material, but the specification manager cannot identify an appropriate minimum content requirement.

#### 523.405 Solicitation provision and contract clause.

In FAR clause 52.223-9, instruct the contractor to submit the required certification to you. The contracting activity must forward a copy to the agency Environmental Executive, by November 1 of each year, of each certification received in the preceding fiscal year.