Overview
This section prescribes policies and procedures for federal agencies to satisfy statutory requirements for purchasing environmentally preferable products. It focuses on four specific programs: recovered materials, biobased products, energy- and water-efficient products, and alternatives to ozone-depleting or high global warming potential substances.
Key Rules
- Thresholds for Compliance: For products containing recovered materials (EPA-designated) and biobased products (USDA-designated), requirements apply if the purchase price of the item exceeds $10,000 or if the aggregate amount purchased in the preceding fiscal year was $10,000 or more.
- Affirmative Procurement Programs: Agencies must establish formal programs for EPA and USDA-designated items that include preference policies, promotion programs, and procedures for obtaining vendor certifications and estimates.
- Energy and Water Efficiency: Agencies are mandated to purchase ENERGY STAR® certified or FEMP-designated products. For standby power devices, agencies must prioritize items consuming one watt or less in standby mode.
- Ozone and Greenhouse Gas Minimization: Under the EPA SNAP program, agencies must give preference to chemicals and manufacturing processes that reduce risks to the ozone layer and minimize the use of high global warming potential hydrofluorocarbons (HFCs).
- Certification Requirements: Contractors must provide pre-award certifications (e.g., FAR 52.223-1 for biobased or 52.223-4 for recovered materials) and, in some cases, post-award reports or estimates of actual content used during contract performance.
Practical Implications
- Solicitation Drafting: Contracting officers must ensure that specifications and statements of work incorporate the highest practicable percentages of recovered and biobased materials and require energy-efficient standards for all applicable equipment.
- Vendor Compliance: Contractors must be prepared to track and report the biobased or recycled content of products used, particularly in service and construction contracts, as agencies are required to monitor the effectiveness of their affirmative procurement programs.
- Market Research: Procurement and technical personnel must consult the EPA’s Comprehensive Procurement Guidelines and the USDA’s BioPreferred catalog during the planning phase to identify designated items and applicable content standards.