Memorandum of Agreement between the Committee for Purchase From
People Who Are Blind or Severely Disabled, National Industries for
the Blind, NISH, U.S. Department of the Interior and U.S. Environmental
Protection Agency
I. COMMON AGREEMENTS AND PRINCIPLES; AUTHORITY
In the spirit of cooperation to help protect the environment and
to support training and employment opportunities for people who
are blind or have other severe disabilities, this Memorandum of
Agreement (MOA) is a voluntary agreement between and among its participants:
- Committee for Purchase From People Who Are Blind or Severely
Disabled (Committee);
- National Industries for the Blind (NIB);
- NISH, (serving people with other severe disabilities);
- U.S. Department of the Interior (Interior); and
- Environmental Protection Agency (EPA).
NIB and NISH are nonprofit organizations that furnish products
and services to government entities pursuant to the Javits-Wagner-O'Day
(JWOD) Act as a mandatory source. Interior is a purchaser of JWOD
products and services. EPA, in addition to being a purchaser of
JWOD products and services, has technical expertise in the area
of environmentally preferable products and services, including items
that are manufactured using recycled materials.
The purpose of this MOA is for the participants to enter into a
partnership to sell and to purchase products and services that have
a reduced environmental impact by minimizing solid waste, preventing
pollution, using less toxic substances, consuming fewer resources,
saving energy, and reducing greenhouse gas emissions, or that otherwise
have a reduced impact as compared with comparable products. The
participants to this MOA recognize that the following two goals
are mutually supporting: maximizing Federal agency purchases of
environmentally preferable products and services, and purchasing
the same from a mandatory source that generates training and employment
opportunities for people who are blind or have other severe disabilities
through the Federal acquisition process. Both goals will be realized
by enhanced promotion of JWOD products and services that possess
desirable environmental attributes.
The authority for this MOA is the Resource Conservation and Recovery
Act (RCRA), as amended, the Pollution Prevention Act of 1990, the
Javits-Wagner-O'Day (JWOD) Act, as amended, the Federal Acquisition
Regulation, Executive Order (E.O.) 13101, "Greening the Government
Through Waste Prevention, Recycling, and Federal Acquisition," and
E.O. 13134, "Developing and Promoting Biobased Products and Bioenergy."
The participants hereby agree that principles of good faith partnership
and steadfast adherence to the purposes of this MOA will govern
their conduct hereunder.
II. RESPONSIBILITIES OF THE PARTICIPANTS
A. U.S. Department of the Interior
1. Articulation of Customer Needs for Green Products.
Interior has established Green Procurement and Property Management
Goals in its Strategic Plan for Greening the Interior Through
Waste Prevention, Recycling, and Federal Acquisition. These
goals are contained in Attachment A to this MOA. Through these
goals and other means, Interior agrees to articulate the environmental
attributes of products and services that it desires to purchase
from JWOD/NIB/NISH and to work toward obtaining these products
and services through mandatory sources that are assigned these
products as per Federal Acquisition Regulation (FAR) Section 8.001.
2. Promotion of "DOI Buys Green with JWOD."
Interior will promote, within Interior offices, agencies and bureaus,
the purchase of recycled-content, and environmentally-preferable
products and services furnished by JWOD/NIB/NISH nonprofit agencies.
Interior will promote the JWOD Program as a way of complying with
recycled purchasing requirements under Section 6002 of RCRA, and
for purchasing environmentally preferable products whose environmental
attributes have been evaluated for authenticity. Promotion of
"DOI Buys Green with JWOD" will occur through training, memorandum,
printed brochures, displays, and other means. This promotion and
preference consideration will be consistent with the Federal Acquisition
Regulation (FAR) Section 8.001.
3. Price Premium for Life-Cycle Cost and Environmental Advantages.
In promotion of JWOD products and services that possess desirable
environmental attributes, Interior purchasers will be reminded
that life-cycle cost advantages and environmental benefits may
justify purchasing these products at a higher cost than otherwise
comparable products that do not possess these attributes.
4. Website Promotion, Linkages, and Feedback Forums.
Interior will establish Internet linkages from websites managed
within the Office of Environmental Policy and Compliance and the
Office of Acquisition and Property Management to websites managed
by the Committee, NIB, NISH and JWOD-associated nonprofit agencies.
Interior will encourage its bureaus to establish similar linkages.
Interior will establish a web-based forum for discussion about
green products, which will allow for Interior purchasers also
to provide feedback on JWOD products.
5. Customer Input into JWOD Marketing.
Interior will work with the Committee's marketing program to advise
how catalogs and websites can best communicate and promote environmental
attributes of JWOD products to Interior personnel.
6. Promoting Use of JWOD Products and Services in Contracts.
Interior agrees to encourage the use of JWOD/NIB/NISH products
and services in contracting beyond what is statutorily mandated,
both in prime contracts and subcontracts. Interior will promote
specification of JWOD/NIB/NISH products in Statements of Work,
and seek means to provide prime contractors with an incentive
to award subcontracts to JWOD-associated agencies. Interior will
pursue innovative contracting methods and techniques that serve
to remove constraints to JWOD-associated agencies' competitiveness.
7. Main Interior Building Supply Store.
Interior will pursue a relationship with a JWOD nonprofit agency
to develop a supply store in the Main Interior Building.
B. Committee for Purchase From People Who Are Blind or Severely
Disabled
1. Green Product Development Guidance.
The Committee will coordinate with EPA, NIB and NISH, in developing
guidance for NIB/NISH associated agencies which introduces green
product concepts and resources, such as the Comprehensive Procurement
Guidelines, and the "Final Guidance on Environmentally Preferable
Purchasing for Executive Agencies." The guidance also will describe
the following:
- How to map the product life-cycle from the acquisition of
raw material to final disposal;
- How to identify aspects in this life-cycle that could be improved
to have a reduced negative impact on the environment;
- How to modify product production processes to capture environmental
benefits;
- How to verify attributes of a product through self-auditing
and third-party certification; and
- How to market environmental attributes in a manner that is
meaningful to federal purchasers and consistent with regulations
and guidelines of the Federal Trade Commission.
2. JWOD Green Products Database Design.
The Committee will design a database of NIB and NISH products
and services that identify which products contain recycled-content
material and/or fiber, those that possess an environmental attribute
or that have biobased content. Also, all NIB/NISH products that
fall within categories designated by the U.S. Environmental Protection
Agency (EPA) as part of the Comprehensive Procurement Guidelines
(CPG) will be reviewed for compliance with the CPG-designated
recycled-content range for that product. The database will include
information such as: the National Stock Numbers (NSN); the Commercial
Item Description; CPG category (as applicable); the product's
total recycled content and the percentage of postconsumer material
and/or fiber; the status/basis of verification used to confirm
its recycled content; and the name of the source agency. Information
pertaining to other environmental attributes shall be included
as well.
3. List of Product Attributes.
Based upon information provided by NIB and NISH, the Committee
will develop a list of products with other environmental attributes,
organized by product category, indicating the environmental attribute
of that product, the basis of verification used to confirm the
attribute claims, and the name of the source agency.
4. Catalogs and Marketing.
The Committee will determine what logos and/or reference wording
to use to describe products and services that have certain environmental
attributes in product and service literature, and marketing catalogs.
These logos or reference words will communicate characteristics
which can be substantiated (such as "biodegradable" or "compostable")
rather than making less specific references to product characteristics
(such as "earth-friendly"). Marketing claims will be made pursuant
to FTC guidelines for environmental marketing claims.
5. Process Facilitation.
The Committee will facilitate ongoing review of progress made
by all participants to this agreement by organizing and hosting
periodic meetings of the participants.
C. National Industries for the Blind (NIB)
1. Green Product Attribute Review and Verification.
Using guidance developed by the Committee, NIB will undertake
and coordinate efforts to review the products developed and marketed
by NIB associated nonprofit agencies to verify environmental attributes
and to document the resulting information.
2. Product Database.
NIB will submit data in the format specified by the Committee
on the development of the above mentioned database.
3. Making Products Greener.
NIB will work with nonprofit agencies to develop recycled content
products in an attempt to replace the products that do not comply
with the Comprehensive Procurement Guidelines. Similarly, NIB
will help agencies that would like to redesign or enhance products
to have environmental attributes or biobased content. NIB will
work to develop certified chlorine-free, recycled content copy
paper, bathroom tissue, and paper towels, as appropriate.
4. Training.
NIB will make available environmental training to associated nonprofit
organizations during annual conferences where training is offered,
and through other training mechanisms. NIB will coordinate with
the Committee, EPA, Office of the Federal Environmental Executive,
Federal Trade Commission, and other Federal agencies to have the
most comprehensive up-to-date information available to NIB-associated
nonprofit organizations.
D. NISH
1. Greening Janitorial Services.
NISH agrees to provide guidance and training to associated nonprofit
agencies that provide janitorial services on how to incorporate
pollution prevention practices and use more environmentally preferable
products.
These efforts will include:
- Development of a list of environmentally-preferable chemical
cleaning products, by brand name, organized by product category.
The list will be developed using attributes identified in third
party standards (such as Green Seal), attributes used in the
EPA/GSA Chemical Cleaning Pilot Project, and through other means.
The product list will emphasize NIB cleaning products that are
determined to be environmentally preferable;
- Development of a list of janitorial supplies (i.e.,
bathroom tissue, paper towels, trash bags, etc.) that comply
with the Comprehensive Procurement Guidelines requirements for
recycled content. Emphasis will be placed on paper products
manufactured without the use of chlorine. The product list will
emphasize NIB cleaning products that are determined to be environmentally
preferable; and
- Development of a model cleaning stewardship plan, consistent
with ASTM Standard E-1971, "Standard Guide on Stewardship for
Cleaning Commercial and Institutional Buildings."
2. Environmentally-beneficial Groundskeeping.
NISH will provide guidance to associated agencies on environmentally-preferable
groundskeeping services.
These efforts will include:
- Development of a list of environmentally-preferable standard
operating procedures, consistent with the "Guidance for
Presidential Memorandum on Environmentally and Economically
Beneficial Landscape Practices on Federal Landscaped Grounds,"
developed by the Federal Environmental Executive; and
- Development of a list of environmentally-preferable products
used in groundskeeping, identified by brand name, organized
by product category, and indicating the associated environmental
attributes. These products will be evaluated for environmental
attributes using principles established in EPA's "Final Guidance
on Environmentally Preferable Purchasing for Executive Agencies,"
dated August 20, 1999. Equipment and products used in grounds
keeping services will be reviewed for compliance with the Comprehensive
Procurement Guidelines. The products list will include information
on biobased lubricants for lawn mowing equipment.
3. Green Product Attribute Review and Verification.
Using guidance developed by the Committee, NISH will undertake
and coordinate efforts to review the JWOD products developed and
marketed by NISH-associated nonprofit agencies to verify environmental
attributes and to document the resulting information.
4. Product Database.
NISH will submit data in the format specified by the Committee
on the development of the above mentioned database.
5. Making Products Greener.
NISH will work with JWOD nonprofit agencies to develop recycled
content products to replace the JWOD products that do not comply
with the Comprehensive Procurement Guidelines. Similarly, NISH
will help agencies that would like to redesign or enhance products
to have environmental attributes or biobased content.
6. Training.
NISH will make available environmental training to associated
nonprofit organizations during annual conferences where training
is offered, and through other training mechanisms. NISH will coordinate
with the Committee, EPA, Office of the Federal Environmental Executive,
Federal Trade Commission, and other Federal agencies to have the
most comprehensive up-to-date information available to NISH-associated
nonprofit organizations.
E. Environmental Protection Agency
1. Analysis on Greening Priorities.
EPA will undertake an analysis of NIB/NISH products and services
to help identify those that have the greatest potential for "green"
redesign based on the ability to influence sources of material
and supply, the potential environmental benefits to be gained,
and the "market-readiness" for such a "green" product or service.
2. EPP Training.
EPA will coordinate with the Committee to provide training to
NIB and NISH groups on environmentally preferable purchasing principles,
on product life cycle analysis, product stewardship, on the use
of third-party standards, on the Federal Trade Commission regulations
for environmental claims, the Comprehensive Procurement Guidelines,
and other relevant topics.
3. Technical Expertise As-Needed.
EPA will convene specialized expertise as requested by NIB/NISH-
associated nonprofit agencies and, as resources permit, to help
with the review and redesign of particular products or services.
4. JWOD Sources Included in CPG Vendor List.
EPA will ensure that JWOD products and services that meet CPG
criteria shall be added to lists of manufacturers and vendors
that are distributed via the Internet and otherwise. The JWOD
list will be highlighted and information will include a list of
producing/performing agencies. Language regarding JWOD Program
being a mandatory source for Federal employees will be included.
All information pertaining to the CPG lists shall be provided
by the Committee, NIB, NISH, and NIB/NISH-associated nonprofit
agencies.
III. PERFORMANCE MEASURES
In order to help gauge the effectiveness of this MOA in furthering
the interests of all signatories, performance measures will be drafted,
and information collected to track against these measures. These
measures will include, but not be limited to, NIB/NISH sales data
for certain products that have been verified or certified as possessing
environmental attributes and that have been marketed based on these
environmental attributes.
IV. DURATION
This MOA will be in effect for a period of thirty-six (36) months
after its start date, unless otherwise shortened or extended by
written agreement of the participants. This MOA may be terminated
upon thirty (30) days written notice of any participant.
V. MISCELLANEOUS
Nothing herein shall be construed to change the obligations of
the participants under any existing contractual relationships or
Federal law.
Except as may specifically be agreed to in writing elsewhere, the
Government is not obligated to expend any funds or make particular
resources available in furtherance of this MOA.
VI. SIGNATORIES
The undersigned individuals hereby execute this Memorandum of Agreement
on behalf of their respective principals. This agreement takes affect
when signed by all participants.
For U.S. Department of the Interior:
(signed)
John Berry
Assistant Secretary Policy, Management and Budget
For U.S. Environmental Protection Agency:
(Signed)
Susan Wayland
Assistant Administrator, Acting Office of Prevention, Pesticides,
and Toxic Substances
For the Committee for Purchase From People Who Are Blind or
Severely Disabled:
(signed)
Kenneth J. Oscar
Chairperson
For National Industries for the Blind:
(signed)
James Gibbons
President and Chief Executive Officer
For NISH:
(signed)
Daniel W. McKinnon, Jr.
President and Chief Executive Officer
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