Sec. 6962. Federal procurement
(a) Application of section
Except as provided in subsection (b) of this section, 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.
(b) Procurement subject to other law
Any procurement, by any procuring agency, which is subject to regulations of the Administrator under section 6964 of this title (as promulgated before October 21, 1976, under comparable provisions of prior law) shall not be subject to the requirements of this section to the extent that such requirements are inconsistent with such regulations.
(c) Requirements
(1) After the date specified in applicable guidelines prepared
pursuant to subsection (e) of this section, each procuring agency which
procures any items designated in such guidelines shall procure such
items composed of the highest percentage of recovered materials
practicable (and in the case of paper, the highest percentage of the
postconsumer recovered materials referred to in subsection (h)(1) of
this section practicable), consistent with maintaining a satisfactory
level of competition, considering such guidelines. The decision not to
procure such items shall be based on a determination that such
procurement items--
(A) are not reasonably available within a reasonable period of time;
(B) fail to meet the performance standards set forth in the applicable specifications or fail to meet the reasonable performance standards of the procuring agencies; or
(C) are only available at an unreasonable price.
Any determination under subparagraph (B) shall be made on the basis of
the guidelines of the National Institute of Standards and Technology
in any case in which such material is covered by such guidelines.
(2) Agencies that generate heat, mechanical, or electrical energy
from fossil fuel in systems that have the technical capability of using
energy or fuels derived from solid waste as a primary or supplementary
fuel shall use such capability to the maximum extent practicable.
(3) After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section, contracting officers shall require that vendors:
(A) certify that the percentage of recovered materials to be
used in the performance of the contract will be at least the amount
required by applicable specifications or other contractual
requirements and
(B) estimate the percentage of the total material utilized for
the performance of the contract which is recovered materials.
(d) Specifications
All Federal agencies that have the responsibility for drafting or
reviewing specifications for procurement items procured by Federal
agencies shall--
(1) as expeditiously as possible but in any event no later than
eighteen months after November 8, 1984, eliminate from such
specifications--
(A) any exclusion of recovered materials and
(B) any requirement that items be manufactured from virgin
materials; and
(2) within one year after the date of publication of applicable
guidelines under subsection (e) of this section, or as otherwise
specified in such guidelines, assure that such specifications
require the use of recovered materials to the maximum extent
possible without jeopardizing the intended end use of the item.
(e) Guidelines
The Administrator, after consultation with the Administrator of
General Services, the Secretary of Commerce (acting through the National Institute of Standards and Technology), and the Public Printer, shall prepare, and from time to time revise, guidelines for the use of procuring agencies in complying with the requirements of this section.
Such guidelines shall--
(1) designate those items which are or can be produced with
recovered materials and whose procurement by procuring agencies will carry out the objectives of this section, and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1) of this section; and
(2) set forth recommended practices with respect to the
procurement of recovered materials and items containing such
materials and with respect to certification by vendors of the
percentage of recovered materials used, and shall provide information as to the availability, relative price,
and performance of such materials and items and where appropriate shall
recommend the level of recovered material to be contained in the
procured product. The Administrator shall prepare final guidelines for
paper within one hundred and eighty days after November 8, 1984, and for three additional product categories (including tires) by October 1,
1985. In making the designation under paragraph (1), the Administrator
shall consider, but is not limited in his considerations, to--
(A) the availability of such items;
(B) the impact of the procurement of such items by procuring agencies on the volume of solid waste which must be treated, stored or disposed of;
(C) the economic and technological feasibility of producing and using such items; and
(D) other uses for such recovered materials.
(f) Procurement of services
A procuring agency shall, to the maximum extent practicable, manage or arrange for the procurement of solid waste management services in a manner which maximizes energy and resource recovery.
(g) Executive Office
The Office of Procurement Policy in the Executive Office of the President, in cooperation with the Administrator, shall implement the requirements of this section. It shall be the responsibility of the Office of Procurement Policy to coordinate this policy with other policies for Federal procurement, in such a way as to maximize the use of recovered resources, and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d) of this section.
(h) ``Recovered materials'' defined
As used in this section, in the case of paper products, the term
``recovered materials'' includes--
(1) postconsumer materials such as--
(A) paper, paperboard, and fibrous wastes from retail
stores, office buildings, homes, and so forth, after they have
passed through their end-usage as a consumer item, including:
used corrugated boxes; old newspapers; old magazines; mixed
waste paper; tabulating cards; and used cordage; and
(B) all paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste, and
(2) manufacturing, forest residues, and other wastes such as--
(A) dry paper and paperboard waste generated after
completion of the papermaking process (that is, those
manufacturing operations up to and including the cutting and
trimming of the paper machine reel into smaller rolls or rough
sheets) including: envelope cuttings, bindery trimmings, and
other paper and paperboard waste, resulting from printing,
cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and
rejected unused stock; and
(B) finished paper and paperboard from obsolete inventories
of paper and paperboard manufacturers, merchants, wholesalers,
dealers, printers, converters, or others;
(C) fibrous byproducts of harvesting, manufacturing, extractive, or wood-cutting processes, flax, straw, linters, bagasse, slash, and other forest residues;
(D) wastes generated by the conversion of goods made from
fibrous material (that is, waste rope from cordage manufacture,
textile mill waste, and cuttings); and
(E) fibers recovered from waste water which otherwise would
enter the waste stream.
(i) Procurement program
(1) Within one year after the date of publication of applicable
guidelines under subsection (e) of this section, each procuring agency
shall develop an affirmative procurement program which will assure that
items composed of recovered materials will be purchased to the maximum
extent practicable and which is consistent with applicable provisions of
Federal procurement law.
Procuring agencies shall adopt one of the options set forth in
subparagraphs (A) and (B) or a substantially equivalent alternative, for inclusion in the affirmative procurement program.
\1\ See Codification note below.
(a) Notwithstanding any other provision of law, a Federal agency in
conducting a procurement for toner cartridges for use in laser printers,
photocopiers or microphotographic printers shall purchase recycled
cartridges, unless the contracting or purchasing officer determines in
writing that--
(Pub. L. 89-272, title II, Sec. 6002, as added Pub. L. 94-580, Sec. 2,
Oct. 21, 1976, 90 Stat. 2822; amended Pub. L. 95-609, Sec. 7(n), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 22, Oct. 21, 1980, 94 Stat. 2346; Pub. L. 97-375, title I, Sec. 102, Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98-616, title V, Sec. 501(a)-(e), Nov. 8, 1984, 98 Stat. 3274-3276; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-393, title VI, Sec. 630, Oct. 6, 1992, 106 Stat. 1773.)
The Small Business Act, referred to in subsec. (j)(d), is Pub. L.
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the Code, see Short
Title note set out under section 631 of Title 15 and Tables.
Section 630 of Pub. L. 102-393, which directed that this title be
amended by adding a new section 6962j, was executed by classifying
provisions of purported new section to subsec. (j) of this section, to
reflect the probable intent of Congress, in light of Senate Report 102-
353, p. 115, which described the amendment by section 630 of the
proposed legislation as adding the provisions as subsec. (j) of section
6962 of this title. In view of this execution, references in subsec. (j) to ``this section'' have been translated ``this subsection''.
For transfer of certain enforcement functions of Administrator or
other official of Environmental Protection Agency under this chapter to
Federal Inspector, Office of Federal Inspector for the Alaska Natural
Gas Transportation System, and subsequent transfer to Secretary of
Energy, see note set out under section 6903 of this title.
Provisions similar to those comprising subsec. (j) of this section
were contained in the following appropriation act:
Executive agency heads to develop and implement affirmative
procurement programs in accordance with this section and EO 12873, and specifications, standards, and product descriptions inconsistent with this section or EO 12873 to be revised, see E0 12873, Secs. 402, 501(a), Oct. 20, 1993, 58 F.R. 54914, 54915, set out as a note under section 6961 of this title.
This section is referred to in sections 6905, 6941 of this title.
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(A) a recovered materials preference program;
(B) an agency promotion program to promote the preference program adopted under subparagraph (A);
(C) a program for requiring estimates of the total percentage of recovered material utilized in the performance of a contract;
certification of minimum recovered material content actually
utilized, where appropriate; and reasonable verification procedures
for estimates and certifications; and
(D) annual review and monitoring of the effectiveness of an
agency's affirmative procurement program.
In the case of paper, the recovered materials preference program
required under subparagraph (A) shall provide for the maximum use of the
post consumer recovered materials referred to in subsection (h)(1) of
this section.
(3) In developing the preference program, the following options
shall be considered for adoption:
(A) Case-by-Case Policy Development: Subject to the limitations
of subsection (c)(1)(A) through (C) of this section, a policy of
awarding contracts to the vendor offering an item composed of the
highest percentage of recovered materials practicable (and in the
case of paper, the highest percentage of the post consumer recovered
materials referred to in subsection (h)(1) of this section). Subject
to such limitations, agencies may make an award to a vendor offering
items with less than the maximum recovered materials content.
(B) Minimum Content Standards: Minimum recovered materials
content specifications which are set in such a way as to assure that
the recovered materials content (and in the case of paper, the
content of post consumer materials referred to in subsection (h)(1)
of this section) required is the maximum available without
jeopardizing the intended end use of the item, or violating the
limitations of subsection (c)(1)(A) through (C) of this section.
(j) Preference for recycled toner cartridges \1\
(1) adequate market research establishes that recycled
cartridges for the type of equipment used by the agency do not
exist,
(2) the price or life cycle cost offered for the recycled cartridge is higher than the original equipment manufacturer's new cartridge, or
(3) recycled cartridges are not available in quantities needed within the timeframes required.
(b) Nothing in this subsection shall prohibit the purchase of one newly manufactured cartridge (or a number equal to those normally
supplied at the time of initial purchase) as part of an initial printer
or copier acquisition.
(c) For purposes of this subsection, ``recycled cartridge'' means a laser printer, photocopier, or microphotographic toner cartridge which has been remanufactured in the United States by a small-business concern which has been certified by an independent laboratory to meet generally accepted industry standards. In the absence of an independent laboratory certification, a contracting officer may in his discretion rely on the agency's past experience with the offered recycled cartridge as evidence that the offered product meets generally accepted industry standards.
(d) For purposes of this subsection, ``small-business concern'' has the meaning given such term in the Small Business Act (15 U.S.C.
632(a)).
(e) For purposes of this subsection, ``independent laboratory''
means an independently owned engineering and product testing firm, whose primary business activity is not limited to the testing and
certification of recycled cartridges.
1992--Subsec. (j). Pub. L. 102-393 added subsec. (j). See
Codification note above.
1988--Subsecs. (c)(1)(C), (e). Pub. L. 100-418 substituted
``National Institute of Standards and Technology'' for ``Bureau of
Standards''.
1984--Subsec. (c)(1). Pub. L. 98-616, Sec. 501(c), inserted ``(and in the case of paper, the highest percentage of the postconsumer
recovered materials referred to in subsection (h)(1) of this section
practicable)''.
Subsec. (d)(1). Pub. L. 98-616, Sec. 501(e), substituted ``eighteen
months after November 8, 1984'' for ``five years after October 21,
1976''.
Subsec. (e). Pub. L. 98-616, Sec. 501(b)(2), substituted ``for paper within one hundred and eighty days after November 8, 1984, and for three additional product categories (including tires) by October 1, 1985'' for ``for at least three product categories, including paper, by May 1, 1981, and for two additional product categories, including construction materials, by September 30, 1982.'' in provisions following par. (2).
Subsec. (e)(1). Pub. L. 98-616, Sec. 501(b)(1), inserted ``, and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1) of this section''.
Subsec. (g). Pub. L. 98-616, Sec. 501(d), substituted ``the
requirements of'' for ``the policy expressed in'' and inserted ``, and
to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d) of this section''.
Subsecs. (h), (i). Pub. L. 98-616, Sec. 501(a), added subsecs. (h) and (i).
1982--Subsec. (g). Pub. L. 97-375 struck out provision requiring the Office of Procurement Policy to report annually to Congress on actions taken by Federal agencies and the progress made in the implementation of the policy expressed in this section.
1980--Subsec. (c)(1). Pub. L. 96-482, Sec. 22(1), (2), in provision
preceding subpar. (A), substituted ``After the date specified in
applicable guidelines prepared pursuant to subsection (e) of this
section, each procuring agency which procures any item designated in
such guidelines shall procure such'' for ``After two years after October 21, 1976, each procuring agency shall procure'', and in subpar. (C), ``subparagraph (B)'' for ``clause (B)''.
Subsec. (c)(2). Pub. L. 96-482, Sec. 22(3), substituted ``energy or
fuels derived from solid waste'' for ``recovered material and recovered-material-derived fuel''.
Subsec. (c)(3). Pub. L. 96-482, Sec. 22(4), substituted subpars. (A) and (B) for provision requiring certification of the percentage of the total material utilized for the performance of the contract which is recovered materials.
Subsec. (d). Pub. L. 96-482, Sec. 22(5), in par. (1), substituted
provision requiring Federal agencies to eliminate from specifications as
expeditiously as possible, but in no event later than 5 years after Oct. 21, 1976, any exclusion of recovered materials and any requirement that items be manufactured from virgin materials for provision that Federal agencies in reviewing specifications, ascertain whether those
specifications violate prohibitions in par. (2)(A) to (C), with such
review undertaken not later than 18 months after Oct. 21, 1976, and in
par. (2), substituted provision that Federal agencies act within 1 year
from publication of applicable guidelines under subsec. (e) of this
section for provision that in drafting or revising specifications after
Oct. 21, 1976, any exclusion of recovered materials be eliminated and
specifications not require the item to be manufactured from virgin
materials.
Subsec. (e). Pub. L. 96-482, Sec. 22(6), designated provision
relating to requirements of guidelines as cl. (2) and subpars. (A) and
(C), added cl. (1), subpars. (B) and (C), and provision preceding
subpar. (A), and struck out provision requiring information on source of supply.
1978--Subsec. (c). Pub. L. 95-609, Sec. 7(n)(1), (2), redesignated
subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as pars. (2) and
(3), respectively, and cls. (i) to (iii) of former subpar. (1)(A) as
subpars. (A) to (C), respectively, of par. (1), and in par. (3), as so
redesignated, inserted ``After the date specified in any applicable
guidelines prepared pursuant to subsection (e) of this section,'' before ``contracting''.
Subsec. (e). Pub. L. 95-609, Sec. 7(n)(3), inserted provision
dealing with certification by vendors of the materials used.
Pub. L. 103-123, title IV, Sec. 401, Oct. 28, 1993, 107 Stat. 1238.
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Last updated 31 May, 1999