EPA530-N-94-003b M-vSt Comprehensive Procurement Guideline Proposed Soon, federal and many other government agencies will be adding a wide variety of products containing recovered materi- als to their shopping lists. On April 20,1994, EPA proposed a Comprehensive Procurement Guideline (CPG) that "designates" 21 products, from plastic trash bags to engine coolant for government purchase. The underlying impetus behind the CPG is the need to stimulate markets for materials collected through recycling programs. Presi- dent Clinton reiterated this need when he signed Executive Order 12873 on October 20, 1993. In issuing the CPG, EPA will have met one of its major responsibilities under that Executive Order, as well under Section 6002 of the Resource Conservation and Recovery Act (RCRA), the law that authorizes and directs EPA to issue procurement guidelines. Prior to the President's Executive Order, EPA had issued five procurement guidelines cover- ing paper and paper products, re-refined lubricating oils, retread tires, building insula- tion products, and cement and concrete containing coal fly ash. In addition to designat- ing new items, the CPG incorporates and reorganizes the five existing procurement guidelines. Under RCRA, all government agencies, along with their contractors and grantees, that purchase designated items ("procuring agencies") are required to establish a prefer- ence for buying the items with recovered material content, if they spend more than $10,000 a year on an item using appropriated federal funds. To do so, they must develop or revise their existing "affirmative procurement program." The program must include at least the following four components: as Recovered materials preference program. Procuring agencies must establish a system for buying designated items containing re- covered materials. They can do this by using one of three alternative approaches pro- vided in RCRA. IB Promotion program. Procuring agencies must actively promote their preference for products made from recovered materials. For example, they can publish articles in newsletters both inside and outside of their agencies, hold employee training work- shops, participate in trade fairs, and include statements in bid solicitations. IH Estimation, certification, and verification program. Agencies must establish proce- dures for collecting estimates and certifica- tions from vendors, and for verifying information about the recovered material content of the products they buy. IB Monitoring. Agencies must monitor their progress in buying products made from re- covered materials and report on their pur- chases of designated items. In addition, procuring agencies must review their purchasing specifications for designated items to incorporate requirements for recov- ered material content, and to remove language that might hinder the purchase of these items. For example, if a specification requires that only virgin plastic resins be used in plastic trash cans, that requirement must be changed to allow for the use of recovered plastic, since such trash cans are now available. ------- Only the following conditions can exempt procuring agencies from these procurement re- quirements: « If an item containing recovered material is only available at an unreasonable price. « If there is inadequate competition (not enough sources of supply). • If there would be an unusual and unreason- able delay in obtaining an item. • If the item does not meet all reasonable performance requirements. At the same time that EPA proposed the CPG, it published a draft Recovered Material Ad\d- sory Notice (RMAN). The RMAN lists the ranges of recovered material content within which designated items are commercially available. It also suggests purchasing practices to help government agencies buy these prod- ucts. To obtain more information or a copy of the Federal Register notices for the CPG or the RMAN, call the RCRA Hotline at 800-424- 9346.1 Items Designated in the Proposed Comprehensive Procurement Guideline Vehicular Engine Coolant Structural Fiberboard Laminated Paperboard Plastic Pipe and Fittings Geotextiles Carpet Floor Tiles Patio Blocks Cement Containing Blast Furnace Slag Traffic Control Cones Traffic Barriers ft Playground Surfaces Running Tracks Hydraulic Mutch Yard Trimmings Office Recycling Containers Waste Receptacles Plastic Desktop Accessories Remanufactured Toner Cartridges Binders Plastic Trash Bags *The CPG also proposed amendments to the existing procurement guideline tor building insulation. For a free subscription to Reusable News, write to- Office of Solid Waste US EPA (5305) 401 M Street, S.W. Washington, DC 20460 ------- |