303 FW 2                                      Acquisition of Items Containing   Recovered Materials

2.2 Preference Program

A. Requirement. Section 6002 of the Resource Conservation and Recovery Act (RCRA) requires that the Service give buying preferences to products containing recovered materials. For items designated in EPA guidelines, the Service must procure such items composed of the highest percentage of recovered materials practicable. Decisions not to procure preferred items require a written determination based on EPA criteria (see paragraph 2.5).

B. Products Designated by EPA.

(1) Pursuant to RCRA and EO 12873, EPA has issued a Comprehensive Procurement Guideline for Federal agencies at 40 CFR 247. This guideline implements the Federal Government's buy-recycled program and designates items that are or can be made with recovered materials and to which Federal agencies must give preference. The designated items are:

(a) Paper and paper products (247.10 and Exhibit 1)

(b) Vehicular products (247.11 and Exhibit 1)

(c) Construction products (247.12 and Exhibit 1)

(d) Transportation products (247.13 and Exhibit 1)

(e) Park and recreation products (247.14 and Exhibit 1)

(f) Landscaping products (247.15 and Exhibit 1)

(g) Non-paper office products (247.16 and Exhibit 1)

(h) Miscellaneous products (247.17-reserved and Exhibit 1)

(i) Floor tiles and patio blocks (Exhibit 2)

(j) Shower and restroom dividers/partitions (Exhibit 2)

(k) Reprocessed and consolidated latex paints (Exhibit 2)

(l) Parking stops (Exhibit 2)

(m) Channelizers and delineators (Exhibit 2)

(n) Plastic fencing (Exhibit 2)

(o) Garden and soaker hoses (Exhibit 2)

(p) Lawn and garden edging (Exhibit 2)

(q) Printer ribbons (Exhibit 2)

(r) Plastic envelopes (Exhibit 2)

(s) Pallets (Exhibit 2)

(2) EPA issues Recovered Material Advisory Notices (RMAN) that provide minimum content standards and specifications for recovered materials in each of the items designated in the Comprehensive Procurement Guideline. Compliance with these EPA recommendations will meet the requirements of RCRA and will not require the preparation of written waiver justifications. The current RMAN's are included as Exhibits 1 and 2.

C. DOI Preferences. Additional items containing recovered materials that have been targeted for preferential procurement by the Department are:

(1) Carpeting

(2) Building furnishings, including furniture, fixtures, and interior finishes

(3) Construction material

(4) Wood products

(5) Paint

(6) Mulch/compost

(7) Toner cartridges

(8) Recycled concrete (road base)

(9) Picnic tables/lumber

D. Other Products. Many products or services used by the Service may not be reflected in these guidelines. Service employees are encouraged to suggest and use other products that incorporate recovered material.

2.3 Specifications.

A. New Specifications. Planners developing procurement requirements will specify the use of recovered materials in accordance with EPA's content standards and avoid the use of virgin materials. Although content guidelines do not exist for DOI-designated products, planners will require the maximum amount of recovered material consistent with cost, availability, and reasonable performance criteria. For procurements with potential for use of recovered materials, whether or not included on the preference lists, planners will submit a brief description of the products or recovered materials to be used to the contracting office with the acquisition request package. More detail for contracting officers can be found at 48 CFR 11.3, Acquiring Other than New Material, and in the policy stated at paragraph 11.002(d) of that part, and at 48 CFR 23.4, Use of Recovered Materials.

B. Existing Specifications. Program managers who use sets of standard specifications will continually review them to ensure that they do not require that items be made from virgin materials without good justification, and that they do require the use of recovered materials to the maximum extent practicable without jeopardizing the intended end use of the item.

2.4 Promotion of Preference Program. The Service will actively promote the use of recycled products both internally and externally.

A. Internal. Internal efforts will be directed to managers, supervisors, and buyers through directives, notices, and training about the benefits of the program as well as specific
information about available products and sources of items containing recovered materials.

B. External. External efforts will be directed to suppliers, contractors, and assistance recipients through publication of specifications, use of environmental selection criteria, and emphasis during presolicitation and preconstruction meetings, proposal discussions, and debriefings.

2.5 Waivers. Any decision not to procure preferred items will be based on a written determination signed by the program manager and kept on file by the contracting office. The decision will be based on the following EPA criteria:

A. Preferred items fail to meet the reasonable performance standards set forth in the Service's specifications;

B. Preferred items are only available at unreasonable prices;

C. Preferred items are not available within a reasonable period of time; or

D. The Service is unable to secure a satisfactory level of competition for the preferred items.

2.6 Vendor Requirements. Contracting officers will insert provisions and clauses prescribed in 48 CFR 23.4 in solicitations and contracts involving the use of recovered materials. Content standards for use of recovered material in designated items will be stated in the product specifications, and the highest possible percentage of recovered material will be specified consistent with the Service's performance requirements.

A. Estimates. Vendors must provide a best estimate of the actual percentage of recovered material included in the product. See the clause at 48 CFR 52.223-9. Program managers and contracting officers will ensure that prospective contractors have included reasonable estimates of recovered materials in their bids and proposals, that deficiencies in offers are evaluated as such and pointed out to the offerors in any discussions held, and that clear deficiencies of estimates in sealed bids are declared non-responsive.

B. Certifications. Vendors must certify that their products include at least the percentage of recovered material as required in the specifications. See the certification at 48 CFR 52.223-4. Contracting officers will ensure that procurement contractors certify by November 1 of each year their actual use of recovered materials in the previous fiscal year as required by 48 CFR 23.404 and 52.223-9.

C. Verification. Inspectors and buyers will periodically review the vendor certifications and performance to ensure compliance with Service requirements. To the extent practicable, these reviews will be conducted in conjunction with other performance inspections or product acceptance tests.