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CHAPTER 1223

ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

SUBCHAPTER 1223.2--ENERGY CONSERVATION

1223.270 Energy savings performance contracts.

Section 155 of the Energy Policy Act of 1992, Pub. L. 102-486, provides the authority and guidelines for Federal agencies in soliciting and awarding energy savings performance contracts. Such contracts are designed to reduce the consumption and cost of utilities in existing Federally owned buildings. See (TAR) 48 CFR Part 1217.71.

1223.271 Purchase and use of environmentally-sound and energy efficient products and services.

(a) The GSA FSS Products Guide identifies the recycled and recycled-content items available in the GSA FSS supply system. Copies of the guide may be obtained, without cost, from the GSA, Centralized Mailing List Service, P.O. Box 6477, Fort Worth, Texas, 76115, or by calling (817) 334-5215.

(b) OFPP Policy Letter No. 92-04, dated November 2, 1992, provides guidance to Federal agencies regarding the implementation of Section 6002 of RCRA and E.O. 12780, Federal Agency Recycling and the Council on Federal Recycling and Procurement Policy.

(c) E.O. 13123, Greening the Government Through Efficient Energy Management, dated June 8, 1999, requires agencies to select for procurement those energy consuming goods or products which are the most life cycle cost-effective (see (FAR) 48 CFR 7.101).

(1) To the extent practicable, each OA shall require vendors of goods or products to provide appropriate data that can be used to assess the life cycle cost of each good or product, including building energy system components, lighting systems, office equipment and other energy using equipment.

(2) In preparing solicitations and evaluating and selecting offers for award, contracting personnel shall consider the life cycle cost data along with other relevant evaluation criteria. If life cycle costing is not used, the contract file shall be documented to reflect the rationale for not obtaining and evaluating the data.

(d) E.O. 13031, Federal Alternative Fueled Vehicle Leadership, requires agencies to acquire alternative fueled vehicles in excess of the goals previously established by the Energy Policy Act of 1992.

(e) E.O. 12845, Requiring Agencies to Purchase Energy Efficient Computer Equipment, dated April 21, 1993, requires, within 180 days from the date of the Order, that all microcomputers, including personal computers, monitors, and printers acquired by agencies shall be equipped with the energy efficient low-power standby feature as defined by the "EPA Energy Star" computers program. EPA Energy Star information may be obtained by calling 1-888-782-7937.

(f) E.O. 12843, Procurement Requirements and Policies for Federal Agencies for Ozone Depletion Substances, dated May 13, 1993, provides specific policies that agencies must follow in reducing the use and procurement of ozone depleting substances.

SUBCHAPTER 1223.4--USE OF RECOVERED MATERIALS

1223.400 Scope of Subpart.

(a) The DOT Affirmative Procurement Program (APP) for Products Containing Recovered Materials required by the Resource Conservation Act of 1976 (RCRA), as amended, and Executive Order 13101, is set forth in Appendix A. The purpose of the DOT APP is to foster markets for recovered materials by maximizing the Federal Government's recycled products purchases. A secondary objective is to reduce the amount of solid waste requiring disposal through the purchase and use of products containing recovered materials.

1223.401 Definitions.

See Attachment 2 to Appendix A for supplemental FAR definitions.

1223.402 Authorities.

(a) OFPP Policy Letter 92-4, dated November 2, 1992, establishes Executive branch policies for the acquisition and use of environmentally-sound, energy efficient products and services and provides guidance for agencies to implement Section 6002 of RCRA. OFPP Policy Letter 92-4 contains references to Executive Order 12780 which was revoked by Executive Order 12873 which was also revoked by Executive Order 13101. However, the guidance provided by the Policy Letter is still in effect.

(b) Executive Order 13101 created a Steering Committee, a Federal Environmental Executive (FEE) and a Task Force, and established an Agency Environmental Executive (AEE) positions within the agency to be responsible for the Order’s implementation.

(c) The responsibility for meeting the requirements of Executive Order 13101 regarding increasing and expanding markets for recovered materials, developing and implementing affirmative procurement programs in accordance with RCRA and Executive Order 13101, is held by DOT’s Assistant Secretary for Administration, M-1.

(d) See (FAR) 48 CFR 23.702 for additional statutes and Federal directives applicable to the acquisition of environmentally preferable and energy-efficient products and services.

1223.403 Policy.

DOT has adopted the Environmental Protection Agency (EPA) guideline recommendations in implementing its APP for recovered materials. Program officials and contracting officers shall use product descriptions and prepare contract specifications reflecting cost-effective procurement and use of designated recycled products, encouraging bidders to supply products containing recycled materials. A program office initiating an acquisition has the responsibility for determining:

(1) Whether recovered materials should be included in the specifications for designated items; and

(2) Whether the statement of work and/or specification involve(s) the use of items subject to the DOT APP (Appendix A).

When purchasing EPA designated items, contracting officers shall purchase, to the maximum extent practicable, items composed of recovered material consistent with the specifications for EPA designated items as set forth in the DOT APP.

1223.404 Agency Affirmative Procurement Program.

(a) DOT’s APP is found at Appendix A to this chapter.

1223.405 Procedures.

(a) Refer to Attachment 4 to Appendix A for any questions concerning the applicability of the APP to Federal, State or local agencies, and government contractors and private party recipients of Federal loans, grants, or funds.

The $10,000 threshold applies to DOT-wide procurements and does not represent the purchase of any single OA. Agencies and supply centers are required to report purchases made from non-Governmental (commercial) sources. Forms will be furnished to OA procurement offices by OST, Office of Security and Administrative Management, M-40. Accordingly, when submitting agency annual reports under RCRA, OAs shall report all purchases of items covered under the DOT APP. Individual OA statistics will be combined into one DOT response to the Office of the Federal Environmental Executive and the Office of Federal Procurement Policy.

(b) As mandated by RCRA Sec. 6002(e), EPA has developed and issued procurement guidelines for use by procuring agencies. The guidelines designate specific items containing recovered materials procuring agencies must purchase to the maximum extent practicable.

The DOT APP is based upon the minimum recovered material content standards developed by EPA which are set in such a way as to assure that the recovered materials content (and in the case of paper, the highest percentage of postconsumer recovered materials) is the maximum practicable without jeopardizing the intended use of the item, consistent with Federal procurement law. A list of the EPA designated items and EPA's RMAN guideline for the minimum recovered material content standards for these items is available from the EPA website. DOT’s APP is found at Appendix A.

For technical information regarding RCRA or the EPA designated items, contact the RCRA Hotline at (800) 424-9346, or in the Washington, DC metropolitan area, (703) 412-9810.

(c) Program offices may request and contracting offices may purchase EPA designated items containing other than recovered materials as set forth in the DOT APP only if one of the conditions set forth in (FAR) 48 CFR 23.405(c) applies.

The program office is responsible for completing and forwarding the Recovered Materials Determination Form or a form substantially the same when submitting a purchase to acquire EPA designated items from other than Federal supply sources and the Request for Waiver when submitting a purchase request to acquire EPA designated items containing other than recovered materials. Both forms must be signed by the cognizant program official and maintained in the procurement file.

(d) The estimate of the percentage of recovered material required to be reported by paragraph (b)(2) of FAR clause 52.223-9 is to be submitted to the Department of Transportation, Office of Security and Administrative Management, M-40, 400 Seventh Street, SW, Washington, DC 20590.

(e) Agency designated items. At the discretion of the OA, items other than EPA designated items for which recovered material content shall be specified may be adopted.

SUBCHAPTER 1223.5--DRUG-FREE WORKPLACE

1223.501 Applicability.

(d) The authority of the agency head to determine the applicability of this subpart for contracts by law enforcement agencies under (FAR) 48 CFR 23.501(d) is delegated to the HOA.

1223.506 Suspension of payments, termination of contract, and debarment and suspension actions.

(e) The authority of the agency head to waive a determination to suspend contract payments, terminate a contract for default, or debar or suspend a contractor under (FAR) 48 CFR 23.506(e) is nondelegable.

SUBCHAPTER 1223.7--CONTRACTING FOR ENVIRONMENTALLY PREFERABLE AND ENERGY-EFFICIENT PRODUCTS AND SERVICES

1223.703 Policy.

(a)  DOT's cost-effective contracting preference program is established in the attached Affirmative Procurement Program (Appendix A).

(b)  EPA guidance for utilizing environmentally preferable products and services is found at http://www.ofee.gov.

APPENDIX A

DEPARTMENT OF TRANSPORTATION AFFIRMATIVE
PROCUREMENT PROGRAM FOR RECOVERED MATERIALS


I. General Policy. DOT has adopted the Environmental Protection Agency (EPA) minimum content standards in implementing this affirmative procurement program (APP). These minimum content standards specify the minimum recovered materials content an item must contain to be considered for an award. The EPA recommended minimum content standards were set forth in the Recovered Materials Advisory Notice (RMAN) published in the Federal Register, Vol 60, on May 1, 1995. The EPA recommended minimum content standards were set forth in the Recovered Materials Advisory Notice (RMAN) published in the Federal Register, Vol 60, on May 1, 1995, and updates are found on the EPA RMAN list.

A. It is the policy of DOT to acquire designated items with recovered materials to the greatest extent practicable, to promote cost effective waste reduction and recycling of reusable materials from wastes generated by Federal activities, and to encourage economically efficient market demand for designated items produced using recovered materials by direct the immediate implementation of cost effective procurement preference program favoring the purchase of such items.

B. It is DOT policy to procure 100 percent of EPA-designated products with recovered material, unless the item cannot be acquired competitively within a reasonable time frame; meet appropriate performance standards; or procured at a reasonable price. This policy includes the purchase of items at or below the micropurchase level. However, tracking micropurchases of EPA-designated items is not required as an exemption (as specified at (FAR) 48 CFR 23.405) from establishing an APP will not be requested by DOT.

C. Special requirements apply when procuring certain items. These are:

(1) DOT requires 100 percent of purchases of printing and writing paper to meet or exceed one of the following minimum content standards: For high-speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book paper, cotton fiber paper, and cover stock, the minimum content standard must be no less than 30 percent postconsumer materials. If paper containing 30 percent postconsumer material is not reasonably available, does not meet reasonable performance requirements, or is only available at an unreasonable price, then purchase paper no less than 30 percent postconsumer material; and

(2) Virgin material or supplies composed of or manufactured using virgin material cannot be required unless compelled by law or regulation or unless virgin material is vital for safety or meeting performance requirements of the contract.

II. Affirmative Procurement Preference Program.

A. When formulating requirements, DOT requiring and contracting offices are to employ acquisition strategies that maximize the utilization of environmentally preferable products and services (EPA guidance for utilizing environmentally preferable products and services is found at http://www.ofee.gov/); maximize the utilization of energy-efficient products; eliminate or reduce the generation of hazardous waste and the need for special handling, storage, treatment, and disposal; promote use of nonhazardous and recovered materials; realize life-cycle cost savings; promote cost-effective waste reduction when creating plans, drawings, etc., authorizing material substitutions, extensions of shelf-life, and process improvements; and consider the use of biobased products.

B. EPA Designated Items. EPA designates certain items which must meet the standard for recovered material content. An official list of these are found at 40 CFR 247.10-247.17. A list of these items is also located on the EPA website.

C. Future EPA Designated Items. This APP will be modified, as necessary, to incorporate future EPA designated items and minimum content standards.

D. Recovered Materials Determination Form. In making the determinations required in TAM 1223.405(c), program offices shall use the format or substantially the same format as shown in the Recovered Materials Determination Form. In developing plans, drawings, work statements, specifications, or other product descriptions, program offices shall consider the following factors: elimination of virgin material requirements, use of recovered materials, reuse of products, life-cycle cost, recyclability, use of environmentally preferable products, waste prevention (including toxicity reduction or elimination), and ultimate disposal, as appropriate. These factors should be used in acquisition planning for all procurements and in the evaluation and award of contracts (i.e., the bidder most able to cost-effectively satisfy the recovered material content specifications as well as the performance/design specifications outlined in the solicitation document).

E. Request for Waiver. To request a waiver from the purchase of EPA designated items containing other than recovered materials, program offices and contracting officers shall use the format or substantially the same format as shown in EARL.

F. Federal Sources of Recycled and Environmental Products. Thousands of recycled and environmental products are available to procuring agencies through established Federal supply sources, and new items are continuously being added. Federal sources of EPA-designated items, and other recycled and environmental products include the General Services Administration (GSA) Federal Supply Service (FSS), Government Printing Office (GPO) and the Defense General Supply Center (DGSC). GSA FSS publishes various documents to assist in identifying and requisitioning recycled and environmental products. These documents are available on the GSA website and are available through Centralized Mailing List Service (CMLS), P.O. Box 6477, Fort Worth, TX 76115, phone number: (817) 334-5215, fax number (817) 334-5227.

G. Other Recycled and Environmentally Preferable Products. EPA's guidelines may not reflect those procured products or services most often used by DOT. Procurement originators are encouraged to request, procure, and use other products containing recovered materials in addition to those specified in this APP.

H. Life-Cycle Cost Analysis. OFPP Policy Letter 92-4 required Federal agencies to use life-cycle cost analysis, wherever feasible and appropriate, to assist in selecting products and services. At this time, life-cycle cost information for EPA designated items is not available. Until such information is developed and issued, OAs shall rely on minimum content standards of preference standards in EPA's guidelines (RMAN).

III. Recovered Materials Promotion Program.

A. The DOT preference for recovered materials shall be incorporated into all applicable solicitations. This shall be accomplished by including explicit recovered material preference standards for EPA-designated items in appropriate solicitations for bids, statements of work, and during contract negotiations.

B. Each DOT procuring office shall promote the DOT APP within its operation. The promotional program shall include at least the following:

(1) Procuring offices shall include in their CBD announcements a statement of the recycling and recovery requirements of the solicitation, if applicable;

(2) Contracting officers should seek from the marketplace and annotate their sources/bidders lists with information on vendors offering recovered products and services;

(3) Contracting officers should encourage each contractor under a value engineering program to look for savings opportunities which could be proposed; and

(4) Contracting officers shall promote the fact that they are seeking to buy recovered materials at pre-bid and pre-proposal conferences, where applicable.

IV. Procedures for Vendor Estimation and Certification.

A. Estimation. DOT's minimum content standards for EPA designated items shall be specified in the statement of work. Vendors responding to solicitations for EPA designated items must meet the minimum content standards; therefore a separate estimate from the vendor regarding the percentage of recovered materials in the product is not required unless the product exceed the minimum content standards specified.

B. Certification. Vendors/offerors are responsible for: (1) providing written certification to the contracting officer that their products meet minimum content standards, (2) maintaining copies of certification documents, and (3) producing copies of the written certification upon request. (See (FAR) 48 CFR 23.406 for solicitation provisions and contract clauses.)

C. Verification. COCOs shall periodically review vendor certification documents as part of their review and monitoring processes. Such review shall enable DOT's Environmental Executive to verify DOT's compliance with Executive Order 13101.

D. Exclusions. Federal supply sources such as GSA, GPO, and DGSC have established their own estimation, certification, and verification procedures for EPA-designated items. Therefore, there is no requirement to conduct independent estimation, certification, and verification procedures.

V. Annual Review and Reporting.

A. Federal agencies are required, on an annual basis, to review the effectiveness of its affirmative procurement program and provide reports to the Federal Environmental Executive and to OFPP.

B. OFPP has devised a standard format for use in reporting affirmative procurement program effectiveness. The report shall be transmitted to M-40 for consolidation into a Departmental response, which has historically been due in December of each year. However, since the reporting format and due date of the report has changed over the years, M-40 will provide each OA an updated reporting format, if necessary, and the response date in writing in sufficient time for the OAs to respond in a timely manner.

VI. Waste Prevention.  Executive Order 13101 encourages Federal agencies to implement waste prevention techniques, such as electronic transfer and double-sided copying, so that annual expenditures for recycled printing and writing paper do not exceed current annual budgets for paper products as measured by average annual expenditures. To this end, it DOT policy that a contractor submitting paper documents relating to an acquisition, should, if possible, submit those documents printed/copies double-sided on recycled paper (see (FAR) 48 CFR 4.303). The clauses at (FAR) 48 CFR 52.204-4, Printed or Copied Double-Sided on Recycled Paper, shall be inserted in solicitations and contracts greater than the simplified acquisition threshold.

Attachment 1


RESERVED


Attachment 2

DEFINITIONS

Acquisition - acquiring by contract using 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, or demonstrated and evaluated. Acquisition begins 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]

Affirmative Procurement Program (APP) - a program assuring Guideline items composed of recovered materials will be purchased to the maximum extent practicable, consistent with Federal law and procurement regulations. [RCRA, section 6002]

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.

Case-by-Case Procurement - open competition for contract awards among products made of virgin and recovered materials with preference being given to the latter (vice identifying minimum content standards required). [RCRA, section 6002]

Certification - provided by offerors/bidders/vendors, it is written documentation certifying the percentage of recovered materials contained in products or to be 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]

Energy-efficient product – a product in the upper 25 percent of efficiency for all similar products or, if there are applicable Federal appliance or equipment efficiency standards, a product that is at least 10 percent more efficient than the minimum Federal standard

Environmentally Preferable - products or services having a lesser or reduced effect 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 product or service disposal. [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 this order, 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, Government Printing Office, or Defense General Supply Center.

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

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]

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]

Pollution Prevention - (also means "source reduction" as defined in the Pollution Prevention Act of 1990 (42 U.S.C. 13102), and other practices that reduce or eliminate the creation of pollutants through: (a) increased efficiency in the use of raw materials, energy, water, or other resources; or (b) protection of natural resources by conservation.

Postconsumer Material - a material or finished product whose life as a consumer item has concluded, after having served its intended use and being discarded for disposal or recovery. "Postconsumer material" is a part of the broader category of "recovered materials". [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 "recycled material." [OFPP Policy Letter 92-4 and 49 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 a satisfactory level of competition with other products is being maintained. [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-preferable trait (i.e., retread tires).

Procurement Guidelines - regulations issued by EPA pursuant to section 6002 of RCRA: (1) identifying items produced (or can be produced) with recovered materials and 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 such procurement, or any person contracting with any such agency with respect to work performed under such contract. [EPA Guidelines]

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 12873 and 42 U.S.C. 6903 (19)]

Recyclability - the degree to which a product or material may be recovered or otherwise diverted from the solid waste stream for the purpose of recycling. [EO 13101]

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 materials are recovered from the solid waste stream for use as 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]

Unreasonable Price - when recycled product cost is greater compared to virgin material cost. (Unreasonable price is not a factor when minimum content standards are specified in the statement of work/procurement request, because price estimates will only be obtained from vendors who can supply products meeting recovered material content requirements.)

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

Virgin Material - previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or any undeveloped resource that is, or with new technology will become, a source of raw materials. [(FAR) 48 CFR 2.101]

Waste Prevention - any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their 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]

 

Attachment 3

RESERVED


Attachment 4

APPLICABILITY

General:

Section 6002(a) of RCRA and EPA's procurement guidelines apply to all procuring agencies, defined as "any Federal agency, or an 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 Applicability Key set forth below:

Contractors:

DOT's APP and this guidance shall only apply to such contractors as long as appropriate provisions are contained in the contracts. It is the responsibility of each OA to ensure that appropriate existing contracts are revised to include APP compliance provisions, and appropriate new contracts contain APP compliance provisions (FAR 52.204-4, 52.223-4, 52.223-8, 52.223-9).

Nothing in DOT's APP would preclude a DOT contractor from voluntarily implementing an APP until such time as provisions are incorporated into the contract.

State and Local Agencies:

State and local agencies purchasing more than $10,000 worth of a particular EPA-designated item in a year, and using some Federal funds for these purchases, are required to establish an APP for those particular items. The APP must include the four elements specific by Section 6002 of RCRA: (1) a preference program; (2) a promotion program; (3) estimation, certification, and verification procedures; and (4) procedures for annual review and monitoring.

APPLICABILITY KEY

1. Are you a procuring agency?

RCRA Section 1004(17) defines a procuring agency as "any Federal agency, or any State agency or agency of a political subdivision of a State using appropriated Federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract."

Private party recipients of Federal loans, grants, or funds under cooperative agreements are not procuring agencies.

2. Are you purchasing or acquiring a designated item?

3. Are you purchasing $10,000 or more of a designated item or did you purchase at least $10,000 of a designated item in the preceding fiscal year?

RCRA Section 6002(a) requires "a procuring agency shall comply with the requirements set forth in this section and any regulations issued under this section, with respect to any purchase or acquisition of a procurement item where the purchase price of the item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased or acquired in the course of the preceding fiscal year was $10,000 or more."

1Source: EPA Office of Solid Waste; please refer questions to the EPA Hotline number 1-800-424-9346 or in the Washington DC area 703-412-9810.

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