&EPA
United States
Environmental Protection
Agency
Waste Management Division
Region 1 (HER-CAN6)
Boston, MA 02203-2211
EPA/901/5-92-002
May 1992
Research Library for Solid Waste
Compendium of
Materials on Municipal
Solid Waste
Government Procurement
Printed on Recycled Paper
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DISCLAIMER:
THE ENCLOSED MATERIAL HAS BEEN PREPARED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, REGION 1, SOLID WASTE PROGRAM TO
DISSEMINATE INFORMATION FROM THE RESEARCH LIBRARY FOR RCRA (WHICH
SUCCEEDED THE RESEARCH LIBRARY FOR SOLID WASTE IN FY 1992) AND
OTHER SOURCES. INCLUSION OF INFORMATION ABOUT AN ORGANIZATION, A
PRODUCT, OR A SERVICE DOES NOT REPRESENT ENDORSEMENT BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY NOR DOES IT
REPRESENT E.P.A. OPINION, POLICY, OR GUIDANCE UNLESS SPECIFICALLY
INDICATED. USERS OF THIS INFORMATION SHOULD BE CAUTIONED TO
CONDUCT THEIR OWN EVALUATION OF THE INFORMATION PRIOR TO
DEVELOPING CONCLUSIONS OR OPINIONS.
FOR FURTHER INFORMATION CONTACT THE RESEARCH LIBRARY FOR RCRA AT
(617) 573-9687.
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A COMPENDIUM OF MATERIALS ON MUNICIPAL SOLID WASTE
GOVERNMENT PROCUREMENT
CONTENTS
Introduction ....1
Procurement Guidelines for Government Agencies 4
Recycled Paper - Where Does EPA Stand? 9
EPA Calls for Comments on Paper Procurement Issues . . 12
Procurement [by Office of Technology Assessment] ... 14
Making Procurement Work [by Environmental Defense Fund] 18
State and Local Government Purchasing [by the National
Association of State Purchasing Officials] 21
Minnesota Statutes, 1990, 115A.48 Market Development For
Recyclable Materials and Compost 30
Utah Procurement Code, 1990, Chapter 56, Part D ... 33
Vermont Statutes Annotated, 1989, Title 29, Sec. 903 . 37
State Procurement of Recycled Products: Going Beyond
Paper [by The Northeast Recycling Council] 40
Procurement Contacts 56
Sources Used in Information Packet #9 57
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Introduction:
This Compendium was put together to answer often asked questions
concerning the procurement of recycled materials by governments
at various levels and venues. Why is procurement of recycled
materials important from the perspective of waste management?
How can my agency get started in procuring recycled materials?
How has this been done? How can this be done? Who is currently
doing it? What kinds of legislative authority have been created
to define and strengthen governmental procurement activities?
Who can assist the prospective government procurer with some of
the issues that usually arise?
The Compendium was assembled in the aftermath of a regional
conference on the Procurement of Recyclable Materials which was
put on by the Solid Waste & Geographic Information Section of EPA
Region 1's Waste Management Division and cosponsored by each of
the New England States, the Northeast Recycling Council (NERC) „
the National Recycling Coalition (NRC) and many others (25
cosponsors in all). It was held in Newport, Rhode Island in
April, 1991.
In June, 1992, EPA Region 1, along with EPA Regions 2 & 3, the
National Association of State Purchasing Officials (NASPO), and
the Northeast Recycling Council (NERC) worked with the federal
agencies of the Department of Defense (DOD), the Council on
Environmental Quality (CEQ), the General Services Administration
(GSA), and the Office of Management and Budget (OMB) to create
the Buy Recycled Products Trade Fair and Showcase which was held
in Washington, D.C.
The contents of this Compendium have been chosen based on
information requests that were received both during as well as
after these conferences.
Procurement of recycled paper, paper products, lubricating oils,
retreaded tires, building insulation products, and cement and
concrete containing fly ash is currently mandated for agencies of
the Federal government and for State and local governments that
receive federal funding. The enclosed document "Procurement
Guidelines for Government Agencies" summarizes EPA guidelines for
stimulating markets for these recovered materials.
Similarly, EPA's document "Recycled Paper-Where Does EPA Stand?"
affirms that EPA has achieved great success in using recycled
paper. It begins to explain the importance of buying recycled
paper and summarizes the pros and cons of doing so.
"EPA calls For Comments On Paper Procurement Issues" reprinted
from the Fall, 1990 issue of EPA's periodical, "Reusable News,"
documents the issues which have arisen since EPA began mandating
federal procurement of recycled materials.
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The Congressional Office of Technology Assessment has further
detailed why "closing the loop" by purchasing recycled materials
is important. From its publication "Facing America's Trash: What
Next for Municipal Solid Waste" the experiences of three State
procurement programs - California, New York, and Maryland - are
summarized and their efforts in surmounting problems and
providing markets for recycled paper are discussed.
Information from the Environmental Defense Fund's publication,
"Coming Full Circle: successful Recycling Today" shows how to
make procurement work. We have reprinted a simple outline about
how some State and a few municipal governments mounted
procurement programs.
What legislation have states passed to encourage the procurement
of products containing recycled materials? Several tables of
information have been included under the title, "State and Local
Government Purchasing" by the National Association of State
Purchasing Officials (NASPO). Information on preference policies
for recycled goods such as recycled oil, alternative fuels, and
soy bean inks are included as well as restrictions for CFC based
products and polystyrene products.
The text of the statutes of three States - Minnesota, Utah, and
Vermont - provide some samples of the formal authority States
have given themselves to engage in procurement preferences. The
Minnesota statute consciously acknowledges the crucial role of
State procurement in stimulating markets for recyclable materials
and compost. The Utah statute provides a model for procuring
paper and paper products and presents its agencies with guidance
on how to do it. The Vermont statute sets specific procurement
goals for its agencies.
From the Northeast Recycling Council's publication "State
Procurement of Recycled Products: Going Beyond Paper" is
information advocating that State agencies institute practices
which promote recycled products and eliminate practices which
impede their use. The document also surveys who is procuring
recycled materials, under what authority, by surmounting what
problems. It makes recommendations for the continued growth of
these types of procurement and appends a bibliography of sources.
Finally, a short list of contacts are provided for the user to
obtain assistance at EPA and the New England states.
EPA's former Administrator, William Reilly, said in testimony
before The Subcommittee On Environmental Protection of The
Committee on Environment and Public Works, U.S. Senate,
September 17, 1991, "Federal procurement guidelines that give
preference to the purchase of materials made from recycled
materials are making a difference. Industry is responding to
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government purchasing preferences by increasing investment in new
mills and processes to turn discarded materials into new
products.n
Procurement of recycled materials ensures that products will
continue to be developed from recycled materials, and that these
products will be purchased. Government procurement helps to
create and maintain the momentum of this cycle. Government
procurement helps to stimulate markets by showing producers and
potential producers that markets do exist and by showing other
potential purchasers how it can be accomplished. This Compendium
is intended to assist States, federal agencies, businesses,
citizens, and others to purchase products made from recycled
materials.
- Fred T. Friedman
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PROCUREMENT GUIDELINES FOR GOVERNMENT AGENCIES
December, 1990
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Solid Waste and Emergency Response
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r/EPA
United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(OS-305)
EPA/530-SW-91-011
December 1990
Procurement Guidelines
for Government Agencies
To foster markets for recovered materials and reduce the amount of solid
waste requiring disposal, consumers, including corporations and govern-
ment agencies, need to buy products made from recovered materials.
Such a commitment is an important step in sending a message to industry
that markets for recovered materials exist The Environmental Protection
Agency (EPA) has issued "procurement guidelines" requiring government
agencies to buy products made with recovered materials. The guidelines
provide recommendations for implementing certain requirements of Sec-
tion 6002 of the Resource Conservation and Recovery Act (RCRA).
To date, EPA has published five guidelines, designating the following spe-
cific items containing recovered materials for procurement by government
agencies:
• Paper and paper products,
• Lubricating oils,
• Retreaded tires,
• Building insulation products, and
• Cement and concrete containing fly ash.
Once EPA issues a procurement gu.deline designating a specific item, pro-
curing agencies have one year to meet the guideline's requirements.
"^ - • ~ '•"?*•*•'•*-*• ' - - -*•- £> '*" *.-'*'•;*" •**fcjS*j£tsvT«iv' '<•""'*"
Procurement Guideline fonPaper and Paper Products, 40
: CFR Part 250,/T
Procurement Guideline for Uibricafing JDils
ReffnetfOil, 40 CFR Part 252,53 f{£24699
Procurement Guideline for Retread TTreslf40 CFR Part 253
53 FR46558 (November 17,1988} ";: . ;~ .J.^'
Procurement Guideline for Building Insulation Products
Containing Recovered Materials, 40 CFR Part 248 54 FR
7328 (February 17. 1989) ,
Procurement Guideline for Cement and Concrete
Containing Fly Ash, 40 CFR Part 249, 48 FR 4230
(January 28,1983)
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To Whom Do the
Guidelines Apply?
RCRA defines procuring agencies to include federal, state, and local agen-
cies using appropriated federal funds, and their contractors. The require-
ments of a particular guideline apply only if the procuring agency
purchases more than $10,000 a year worth of the guideline item. For
example, if a county government agency spends more than $10,000 a year
on paper, and part of that money is from appropriated federal funds, then
the county government is a "procuring agency" for paper and must follow
the procurement guideline for paper and paper products.
Purchases unrelated or incidental to the purpose of federal funding are not
subject to RCRA Section 6002. Thus, they are not subject to the procure-
ment guidelines. However, when it is not apparent whether a purchase is
subject to RCRA, EPA encourages procuring agencies to follow the guide-
lines to help expand markets for products made of recovered materials.
What Are
the RCRA Section
6002 Requirements?
Review and Revise Specifications
RCRA requires procuring agencies to review their specifications for the
designated items and to revise them to allow procurement of products
containing recovered material. Procuring agencies should eliminate
requirements that specifically exclude the use of recovered materials. In
addition, procuring agencies should revise performance standards that in
effect exclude items containing recovered materials and that are more
stringent than necessary to satisfy the agency's needs.
For example, if an agency has a specification that precludes the use of
retreaded tires, it must be replaced, preferably with a performance stan-
dard that specifies relevant performance factors for tires, such as tread
wear, burst strength, and stopping distance.
Establish an Affirmative Procurement Program
Each procurement guideline contains EPA's recommendations for estab-
lishing an effective affirmative procurement program. However, each pro-
curing agency may design its own program, so long as it meets the RCRA
requirements.
All affirmative procurement programs must have four components:
1. a preference program,
2. a promotion program,
3. procedures for obtaining and verifying estimates and certifications of
the content of recovered materials, and
4. annual review and monitoring.
Preference Program
The statute provides three options for a preference program:
• Minimum-content standards, which identify the minimum content of
recovered materials that an item should contain; procuring agencies
may include these standards in their specifications for purchasing an
item;
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• Case-by-case procurement, open competition between products made of
virgin materials and products made of recovered materials; procuring
agencies must exercise a preference for the latter; or
• Other, any approach which is substantially equivalent to the above
approaches.
The procurement guidelines nccwmend that agencies consider the fol-
lowing approaches for the five items designated thus far:
Paper and paper products: Specific minimum-content standards for paper
and paper products. For newsprint, tissue packaging, and paper-board cate-
gories, postconsumer minimum-content standards are recommended. For
printing and writing papers, "wastepaper" minimum content standards are
recommended. ("Wastepaper" includes both postconsumer materials and
certain preconsumer wastes.)
Lubricating oils: Minimum re-refined oil content standards for engine
lubricating oils, hydraulic fluids, and gear oils at no lower than 25 percent
of the basestock.
Retreaded tires: Case-by-case procurement programs consisting of two
components—(1) procurement of retreading services for the agencies'
used tire casings, and (2) procurement of replacement tires through com-
petition among vendors of new and retreaded tires. If an agency is unable
to carry out one component of the guideline—for example, because of
unavailability—then it should implement the other component and con-
tinue to attempt to carry out the unrealized component.
Building insulation: Specific minimum-content standards for insulation
materials commercially available with recovered materials, such as cellu-
lose, perlite composite board, most of the plastic foams and boards, and
rock wool. When purchasing insulation materials for which minimum-con-
tent standards have not been established (e.g., fiberglass and polystyrene
rigid foam), agencies should use case-by-case procurement
Cement and concrete containing fly ash: Inclusion of provisions in all con-
struction contracts to allow for the use of cement or concrete containing
fly ash.
Promotion Program |
Agencies must actively promote their desire to buy recycled products. For
example, they may choose to include explicit statements in solicitations
for bids and proposals, discuss their commitment to recycling at prebid-
ders' conferences, issue general announcements about their procurement
preferences, and print a recy.ing statement or logo on official documents.
Estimation and Certification |
Vendors must estimate the percentage of and certify the actual content of
recovered material in their products. Such estimates and certifications are
most easily expressed as a percentage of total content.
Vendors must certify the percentage of recovered material actually used in
performance of the contract and must make their own arrangements for
obtaining this information from the manufacturer. Vendors usually discuss
product specifications and availability with manufacturers before submit-
ting a bid; information for certification can be obtained at that time. The
certification then becomes part of the contract awarded to the successful
vendor.
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I Annual Review and Monitoring |
During the year, procuring agencies should review the range of estimates
and certifications they received to determine whether they are using the
highest percentage of recovered materials.
While the EPA guidelines recommend minimum-content standards, pro-
curing agencies should adjust the standards when market conditions war-
rant a change. For example, if the data suggest that a sufficient number of
bids would have been submitted in response to higher standards, then
agencies should consider raising their minimum-content standards. Con-
versely, if there is a lack of competition, agencies may consider lowering
their standards.
When May an
Agency Purchase
hems Not Con-
taining Recovery
Materials?
Procuring agencies may choose not to purchase a guideline item con-
taining recovered materials if:
• a guideline item's price is unreasonable;
• applying minimum-content standards results in inadequate competition;
• obtaining designated items results in unusual and unreasonable delays;
or
• guideline items do not meet all reasonable performance specifications.
The word "reasonable" is key to the above conditions. A procuring agency
cannot exclude guideline items based on unreasonable needs. For
example, recycled paper cannot be excluded based on a brightness speci-
fication that is higher than needed.
How Are the Guide-
lines Enforced?
Anyone who is injured by the failure of an agency to carry out the law
may take civil action, either through that agency's appeal procedures, the
General Accounting Office's appeal procedures, or the federal courts.
There are no provisions in RCRA for federal enforcement of the guidelines.
How Is EPA Helping
to Implement the
Guidelines?
EPA has established several mechanisms for assisting federal and non-fed-
eral agencies in setting up programs and for helping vendors market their
recovered materials to procuring agencies. These include a telephone hot-
line and frequently updated lists of manufacturers and vendors of products
designated in the guidelines.
Copies of the guidelines listed in the box on the front cover, lists of manu-
facturers and vendors, and information on purchasing guideline items can
be obtained from the procurement hotline by calling (703)
941-4452.
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RECYCLED PAPER - WHERE DOES EPA STAND?
1991
U.S. ENVIRONMENTAL PROTECTION AGENCY
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Recycled Paper
Where Does EPA Stand?
The use of recycled paper has once again been introduced at the Federal Government leveL After
the initial introduction in the early 1970's, and eventually dropped due to lack of interest, EPA
published guidelines for the implementation of Section 6002 of the Resource Conservation
Recovery Act (RCRA) in June of 1988. All Federal agencies which purchase more than $10,000.00
of paper and paper products per year must give preference to products containing a recovered
material content The Federal agencies were required to comply with this mandate by June*1989.
In August of 1988, the Printing Management Sec-
tion of EPA became involved in discussions with the
Joim Committee on Printing (JCP). The JCP is a
joint committee of Congress and sets all paper stand-
ards for the Federal government. The JCP had to
incorporate the minimum content standards into
their specifications so that the paper could be or-
dered by the Federal agencies. The JCP granted EPA
a waiver for the use of recycled paper in January of
1989 and incorporated the minimum content stand-
ards into their specifications in August 1989. EPA
began requesting recycled paper on selected publi-
cations procured through the U.S. Government
Printing Office (GPO) in January 1989 and in-
creased its use in June 1989. For the period of July
through September 1989, EPA procured 86% of its
publications and letterhead on recycled paper. This
figure has increased to approximately 98% for all
publications and letterhead procured by EPA head-
quarters since October of 1989. Approximately 60%
of all work produced in EPA's In-House Printing
Plant is printed on recycled paper.
We have had a successful experience with the use of recycled paper, however, this is not to say that
problems were not encountered. Paper availability and printer reluctance to use recycled paper
created the greatest problems experienced by the agency. The local printers remembered the recycled
papers from the early 1970's. This paper was of a poorer quality and created problems with the
printing process. This is not true today, the paper that has been used in our publications and
ler.trheais has beer, of very good quality, and in most cases, looks and feels no different from the
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virgin paper used in the past Hie printers reluctance dimished once they realized that there was
recycled paper with excellent runabiliry and readily available. The recycled paper supply has been
very good in the local Washington, D.C area with the exception of specific color stocks that are
approved for use by Federal agencies. We are in hopes that as more agencies are requesting these
color stocks, the mills will begin production. In the interim, EPA is utilizing white stock and tinting
it with ink to give the appearance of a color paper stock.
EPA has achieved great success in producing their documents on recycled paper. Multi-color and
full-color printing is being achieved utilizing offset and vellum stocks with surprisingly success.
The agency is currently working with the JCP to test recycled high-speed copier and computer paper
stocks. This testing process is expected to begin in the July-August 1990 time frame and last for
three months. At that time, EPA hopes to have enough data to present to GPO and General Services
Administration (GS A) to persuade these agencies to offer these paper stocks through their existing
contracts.
EPA is committed to the use of recycled paper and supporting and encouraging its use throughout
the Federal Government. The agency has achieved many successes in the use of recycled paper
since June 1989 and much more will be achieved in the near future.
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EPA Calls for Comments on Paper Procurement Issues
REUSABLE NEWS
Fall, 1990
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Solid Waste and Emergency Response
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United States
Environmental Protection
Agency
SoQd Waste and
Emergency Response
(OS-305)
EPA/530-SW-90-056
Fall 1990
f/EPA REUSABLE
NEWS
EPA Calls for Comments
on Paper Procurement
Issues
Government procurement of
products containing recycled
materials is a key aspect of developing
markets for recycling, and procuring
agencies can play a strong leadership
role in promoting the use of such
products. EPA recently published a
notice in the Federal Register address-
ing several issues related to government
procurement of recycled goods, focusing
on recycled paper.
EPA has issued five guidelines
designed to encourage government
purchase of products containing
materials recovered from solid waste.
To date, guidelines have been set for
cement and concrete containing fly ash,
paper and paper products containing
recovered materials, lubricating oils
containing re-refined on, retread tires,
and building insulation products. As
procuring agencies have implemented
these guidelines, a number of issues
have arisen and been identified by EPA.
In the recent notice, EPA is request-
ing public comment on the following
issues regarding possible changes to
the paper procurement guideline:
• Postconsumer content standards -
Postconsumer paper is that which has
been used as a consumer item (such
as old newspapers). When the paper
procurement guideline was issued, the
Agency was not able to recommend
postconsumer standards for writing
and printing papers due to lack of
widespread availability of these
papers. During the last year, however,
there have been developments in the
paper industry that may make such
standards feasible for these grades
of paper in the near future.
Deinked content standards - As a
posstole alternative to postconsumer
content standards, EPA is considering
recommending deinked wastepaper
standards. A deinked wastepaper
standard would include all postcon-
sumer recovered materials and
printed "preconsumer waste (such as
printer's overruns). The standard
would include recovered materials that
typically must be deinked before being
converted into pulp for printing and
writing papers.
Developments in the paper
industry may make post-
consumer standards for
writing and printing papers
feasible in the near future.
PhaseoVIn approach - If it is not
possible at this time to recommend
either postconsumer or deinked
wastepaper minimum content, EPA
may consider a phased-in ap-
proach that would specify procuring
agencies use a certain percentage
of postconsumer or deinked waste-
paper content at some future time.
"Mil broke" definition - Mill broke
is defined as any paper waste
generated before completion of the
papermaking process. There is con-
cern that some mills may be using
only accumulated in-house paper
waste to manufacture a paper batch
meeting the guideline's minimum
content standards, rather than in-
creasing their use of recovered
materials, EPA is requesting com-
ments on how to revise the definition
to exclude this practice.
The notice also alerts procuring
agencies that they have a statutory
obligation to promote procurement of
products with recycled content and
describes a new process for expediting
EPA assistance to procuring agencies.
The process involves the use of
Procurement Guideline Advisories
(PGAs), which are memos to procuring
agencies containing new information
about markets for products covered by
the procurement guidelines.
In the notice. EPA also recommends
to government procurement agencies
that it would be appropriate to include in
their minimum content standards
paper containing recovered sawdust
from two mills in Maine.
To obtain a copy of the Federal
Register notice or for more information
on EPA's procurement guidelines, call
EPA's Procurement Guidelines Hotline
at (703) 941-4452.1
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Procurement
FACING AMERICA'S TRASH: WHAT NEXT FOR MUNICIPAL SOLID WASTE?
October, 1989
CONGRESSIONAL OFFICE OF TECHNOLOGY ASSESSMENT
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Government Planning and Programs •
Procurement
To function, all governments and businesses must
purchase materials and services; these are usually
procured by awarding contracts. The most common
method of awarding government contracts is by low
bid. It is not uncommon, however, for noneconomic
factors to be considered, such as special arrange-
ments to Buy American or encourage affirmative
action. Similarly, at least 23 States and the Federal
Government have enacted legislation encouraging
the purchase of secondary materials and items
containing recycled materials.39
More than half of the States with procurement
programs include more than paper in the materials to
be preferentially procured (58). Items eligible for
recycled materials procurement programs, in addi-
tion to paper, include tires, re-refined lubricating oil,
construction materials such as glassphalt, and poten-
tially items such as asphalt, HOPE drainage pipes,
plastic floor mats, and polyester carpeting.
The potential of this market is large—Federal,
State, and local government purchases of goods and
services account for about 20 percent of the gross
national product (GNP). amounting to expenditures
of $865 billion in 1986 (ISSa).40 However, the
amount of a product procured by the government
will not necessarily have a significant effect on the
overall market for the product or on MSW manage-
ment For example, one reason for the minimal
impact of government procurement programs on
paper recycling is that the government consumes
only 1 to 2 percent of the Nation's total paper (36).
Many State and Federal procurement provisions
have not yet been implemented, or have not achieved
their intent to provide viable markets for secondary
materials. EPA's failure to issue procurement guide-
lines was discussed above (see "Environmental
Protection Agency")- The Department of Com-
merce, specifically the Office of Recycled Materials
of the National Bureau of Standards (ORM/NBS),
was at least initially the most active agency in
attempting to fulfill the procurement requirements
set under RCRA. ORM/NBS produced reports on
State procurement efforts and on test method devel-
opment and specification guidelines for numerous
materials (136,137). The methods and standards
developed by the ORM/NBS have been adopted by
the recycling industry. Yet most of this activity
occurred nearly a decade ago. Further, demonstra-
tion projects and other activities were not vigorously
pursued.
A variety of reasons have been suggested for this
lack of success, including unclear or no guidelines,
inexact specifications, uncompetitive costs, and a
generally negative societal attitude toward recycled
materials (134). Two particularly critical barriers to
implementing procurement guidelines are 1) con-
flicting definitions and percentages of recycled
content, which hinder mass production; and 2) the
lack of knowledge of where to buy recycled products
(155).
Nonetheless, despite problems achieving specific
quantitative results, procurement policies can act as
stimulants and demonstrate government leadership
in materials and energy conservation. One major
advantage of procurement programs is their visibil-
ity and educational value. They can be used to
demonstrate the successful use of recycled products.
Widespread use of consistent guidelines by both
government and business could provide economic
stimulus for market development and expansion.
One noteworthy development is the initiation of
"buy-recycled" programs by State and local gov-
ernments (155). For example. Massachusetts. Ore-
gon, Pennsylvania, and Washington, and Suffolk
"These include Alaska. Connecticut California. Florida, towa. Illinois. Maine. Maryland. Massachusetts. Michigan. Minnesota. Missouri. Mew
Hampshire. New Jersey. New Yortc. Ohio. Oregon. Pennsylvania. Rhode Island, lexas. Vermont. Washington, and Wisconsin. For a comparison orSiate
t laws see irfe. 3 and 105.
«lt should be empta
tional statistics docur
ad.
•. that 20 percent of the GNP does not directly translate into that percentage of product consumption. In fact, no
ages that high (155).
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Facing America's Trash: What Next for Municipal Solid Waste?
County, New York have such programs. NERC also
has supported the development of "buy-recycled"
plans.
Paper Procurement—Most targeted procurement
programs focus on paper, primarily recycled printing
and writing paper. Despite these programs, however,
the supply of such paper made from "waste paper"
has not increased significantly.41 Although total
U.S. shipments of printing and writing papers
increased from 15.5 million tons in 1980 to 19.6
million tons in 1986 (a 26 percent increase), the
amount of high-grade deinking recycled paper
consumed in the manufacture of printing and writing
paper increased from only 303,000 tons in 1980 to
342,000 tons in 1986, about a 13 percent increase.
This actually represents a slight reduction in the
utilization rate (i.e., waste paper consumed/paper
production) of high-grade deinking recycled paper
from 1.95 to 1.74 percent The amount of pulp
substitutes consumed in the manufacture of printing
and writing papers increased from 502,000 tons in
1980 to 910,000 tons in 1986. for an increase in the
utilization rate of 3.2 to 4.6 percent. Therefore,
constrained supply may present a barrier to in-
creased consumption of recycled printing and writ-
ing paper.
Many factors might be contributing to the
relatively small increase in recycled printing and
writing paper production:
• capital investment required to build a recycled
paper mill is high;
• government procurement programs do not pro-
vide adequate incentive because they are small
and do not assure a long-term market;
• costs at smaller, non-integrated recycled paper
mills are higher than at big, integrated virgin
paper mills because economies of scale have
not been realized, making it difficult to com-
pete in the highly competitive non-specialty
paper product market;
• consolidation in the paper industry has resulted
in purchases of recycled paper mills by larger
companies that subsequently resorted to the use
of virgin raw materials and closed the deinking
facilities required to use post-consumer waste
paper.
• increased exports of waste paper have reduced
the domestic supply and increased the price
significantly;
• use of waste paper in producing printing paper
requires more energy, labor, and materials than
use of virgin pulp;
• a great deal of competition exists for the supply
of clean waste paper from domestic mills
producing tissue, paperboard, and other paper
products; and
• the use of waste paper in paper products other
than printing papers may be more efficient from
a raw materials viewpoint—the yield (weight
of finished product/weight of raw material) in
paperboard is 85 percent, compared with 65
percent in printing paper.
On the demand side, barriers to increase paper
recycling via government procurement programs
exist in the procurement process itself. Purchasing
officials are often reluctant to use price preferences
because of a desire to restrict "unnecessary"
expenses and maximize the purchasing value of
public funds (161). Other arguments include:
• scientific tests to verify the recycled content of
particular lots of paper are not economically
available, providing no legal means of support-
ing a bid choice if contested;
• government orders are sometimes too small to
qualify for direct mill runs, which often can
supply paper at lower cost and allow for easier
verification of recycled content;
• fewer responses to purchasing requests for
recycled paper might be likely, reducing both
competition and purchasing options considera-
bly;
• the amount of paper procured by the govern-
ment is too small to have an effect on MSW;
and
• purchasing officials receive complaints about
the quality of recycled paper (although it
appears that high-quality recycled papers are
more readily available and at more competitive
prices than previously, an image of the inferior
quality of recycled paper still persists).
These problems are not insurmountable. In some
States, notably California, New York,and Maryland.
procurement programs for secondary materials have
41The General Accounting Office is scheduclcd 10 release a report in 1989 en implementation of the paper guideline.
-16-
-------
•Government Planning and Programs •
provided a market for recycled paper. The mecha-
nisms most commonly used for recycled paper
procurement are minimum content standards, price
preferences, and set asides. Minimum content stan-
dards define the procuring agency's idea of "recy-
cled" paper. Separate standards are often set for
each type, or grade, of paper purchased to allow for
technological constraints. A minimum content stan-
dard may include requirements for post-consumer
waste as well as any type of waste paper in general.
Price preferences allow the procuring agency to
subvert the usual legal requirement to award con-
tracts to the lowest qualified bidder. Most com-
monly, preferences range from 5 to 10 percent for
paper, thus allowing the purchase of recycled paper
at a price up to 10 percent above that of competing
paper without the specified waste paper content
Set-aside programs allocate a specified amount of
paper purchases to recycled paper, without consid-
eration of price.
New York's procurement program has a 10
percent price preference for paper with a recycled
content of at least 40 percent During the period 1981
to 1987, paper certified by the State as recycled
accounted for 40 percent of the paper purchased by
the State government This percentage fluctuated,
with no discernible trend, reaching a high of 59
percent in 198S and a low of 24 percent in 1987. A
preference of $77,403 was paid in 1987 for the
recycled paper, amounting to 0.9 percent of the total
value of paper purchases. The types of recycled
paper products purchased under the preference
program in 1987 included offset sheet and rolls (43
percent), paper towels (38 percent), scratch pads (18
percent), and text and cover paper (1 percent).42 In
addition to certified recycled paper obtained under
the recycled paper procurement program, the State
purchased tissue, corrugated and chipboard boxes,
napkins, fiber drums, and refuse sacks, all com-
monly made of recycled fiber, that amounted to
about 30 percent of total paper purchases (45).
California has a 5 percent price preference for
paper with a recycled content of 50 percent, includ-
ing 10 percent post-consumer waste. During the
period 1977 to 1987, 14.4 percent of California's
paper expenditures was for recycled paper (57). The
preference paid to procure mis paper amounted to
$505,000, or only 0.2 percent of the total value of
paper purchases. In fiscal year 1986-87, California's
recycled paper purchases amounted to 25 percent of
total State paper purchases, the highest proportion of
recycled paper attained thus far. Even so, the
preferences granted amounted to only 0.35 percent.
The types of recycled paper bought in that year
included bond paper (52 percent), copier paper (22
percent), envelopes (22 percent), lunch boxes (3
percent), and chipboard (1 percent).43
Maryland has a set-aside program for recycled
paper that specified graduated increases in recycled
paper purchases up to 40 percent of total paper
purchases by 1985, the eighth year of the program.
By 1986, Maryland had spent more than $19 million
to purchase recycled paper products, defined as
containing 80 percent recycled paper, including 80
percent post-consumer waste (57,58,153,154). Mar-
yland's program focuses on bond paper.
Clearly, this review of various Federal and State
financial incentives indicates that careful evaluation
of the potential effect of incentives to encourage
recycling is necessary before program commitments
are made. Indeed, the dynamic nature of secondary
materials markets makes it imperative that recycling
be a carefully planned and implemented MSW
management option.
n, bond paper, copier paper, envelopes, and text and cover paper arc considered priming and writing piper, whfle toilet paper, paper
towels, and facial tissues arc considered tissue papers.
•'Previous years' purchases included tissue, paper towels, corregaed. and other non-priming and writing papers.
-17-
-------
Making Procurement Work
COMING FULL CIRCLE: SUCCESSFUL RECYCLING TODAY
1988
ENVIRONMENTAL DEFENSE FUND
-18-
-------
Making procurement work
Some procurement programs work better than others. Without minimum
content standards, statutes in Florida, Minnesota, Missouri, and Ohio have had
litle effect (NRG, 1987). New York City recently enacted a procurement rule
that is set to expire in two years and may only encompass one major bid,
hardly an encouraging signal to the private sector.
The Maryland Energy Office (1985) has developed useful guidelines for
successful programs, in summary:
1. Gain top level support. A recycled paper purchasing program must
have the support of the chief executive of the organization. This will
give the program credibility and help to overcome user resistance to
changing their habits or paper use.
2. Evaluate current purchasing practices. The organization's
purchasing practices should be examined by the organization's purchasing
official. This should include eliminating "virgin only" and "low initial
bid" requirements, and determining high volume paper purchases that can
be converted to recycled paper.
3. Determine availability. Local and national suppliers should be
contacted to determine the price and availability of all applicable
grades of recycled paper, including office paper, memo pads, towels,
toilet paper, corrugated, computer paper, and envelopes.
4. Determine where recycled paper will be used. It is important to
carefully match paper purchases with paper use. Recycled paper can be
substituted for fine writing papers and provide substantial cost
savings. Carefully review present specifications and paper use to
ensure wide use of recycled paper.
5. Test the paper. Paper should be obtained from supplier samples or
through small experimental purchases. It should be tested fairly
(without bias) in all applicable machines, including typewriters,
copiers, print shops, and computers. Do not automatically assume that
machine problems are caused by the recycled paper; the problems may be
caused by malfunctions in the machine or machine process.
6. Develop a specification. The purchasing agent should establish a
minimum standard for recycled paper which includes a minimum percentage
of post-consumer waste and a requirement that the mill certify the
percentage of post-consumer waste. [Where a strict definition of post-
consumer content is likely to prevent paper mills from entering the
market, some procurement experts recommend broadening the definition to
-19-
-------
include scrap from envelope factories and the like, known as pulp
substitutes. This interim measure should help producers of fine writing
paper respond to new procurement guidelines and increase the use of
post-consumer paper in lower grade products, like tissue paper, that can
be milled using post-consumer paper in place of pulp substitutes
(Conservatree, 1987)].
7. Price preference. It may be prudent to buy recycled paper, even if
it is 5-10% more expensive, to help create a market. Cooperative
purchases with other organizations may reduce per unit costs through
higher volume.
8. User resistance. Top-level organization officials should monitor
complaints about the program and resolve them to ensure that recycled
paper is used.
9. Publicity. The organization should publicize its program to
encourage user cooperation and to encourage others to start similar
programs (MEO, 1985).
Implicit in these guidelines is the need to draw upon the expertise and
support of procurement officials, who tend to be unenthusiastic about this
sort of interference. Toward these ends, New York State's law allows
procurement officers themselves to establish standards for recycled paper.
Legislation recently passed in Connecticut and Maine places initial
feasibility studies in the hands of the procurement offices. Finally,
requiring vendors and purchasing officials to record recycled content in
computerized bid and purchase records will help monitor the progress of
procurement programs.
One way to integrate price preferences and low bid rules is to require
that recycling's effect in reducing solid waste disposal costs be factored
into the preferred sale price under "life cycle costing," as under Vermont's
new law. In Vermont, the purchasing director is instructed to "maximize the
state's use of [recycled] materials and products, particularly where the added
cost of using waste materials rather than virgin materials is less than the
cost avoided by not having the waste in the waste stream" (29 V.S.A 903 (d)).
Minnesota's procurement law also gives procurement officials the option to use
life cycle costing (Minn. Stat. Ann. 16B.09).
-20-
-------
STATE AKD LOCAL GOVERNMENT PURCHASING
June, 1992
National Association of State Purchasing Officials (NASPO)
-21-
-------
National Association of State Purchasing Officials
State and Local
Government
Purchasing
MEMORANDUM
To: Buy Recycled Products Trade Fair and Showcase Attendees
Rom: The National Association of State Purchasing Officials
The following tables were provided by the National Association of State Purchasing Officials (NASPO). These tables present
efforts taking place in the states to boy recycled. Information regarding preference policies for recycled goods and other
environmental issues such as buying recycled ofl, alternative fuels, and soy-bean inks are also included. This data represents
only a small portion of the mfornattov contained in the faanbedfan of State art Local Government Purchasing. Informa-
tion far the book was obtained from the 1992 survey of selected procurement practices in state governments.
This book is an invaluable source of information about piocuiement practices for both me public and private sectors. State
and local government officials can easily reference the text and the tables to compare their own operation to others. Members
of the private sector can get quick answers to their questions about state procurement practices. The publication is issued to
assess the changes and developments in public purchasing and will be available in the fall of 1992. For more information like
this, please attend the following workshops developed by NASPO and the Northeast Recycling rjnmrii (NERC).
• Monday/ June 29
10:00-1050 a jn.
11:00-1150a.m.
* Helping State and Local Governments Buy Recycled
* What your Customer Needs - Selling to
State and Local Governments
• Tuesday, June 30
10:00-1050 aon.
11:00-1150 aon.
* Elements of the State Competitive Bid Process
2:00-250p.m.
3:00-3:50 p.m
* State Bid Simulation (2:00-250 p JXL only)
* Successful State Procurement Programs for Recycled
Products
* Ask the Procurement Official (3:00-350 p jn. only)
-22-
-------
Environmental Issues
1) Are there any tews or regulations restricting procurement of foam cups and
plates? (Yes -10, No -40)
2) Are there any raws or regulations that require the state to acquire reusable
or remanu&ctured Hems vs. disposable 8ems, when possible? {Yes -12,
; No-38) : . . • - . *~- . . .,- -.-:. '"-:
3) Are there any laws or regulations restricting procurement of products
s containing CFC? ;*•»*
•.•x.v-,--;---3t
R*manuf«ctur*d
H»ma/DUpo««bl«
Regulations
N
N
N
N
Y
N
Y
N
N
N
N
N
Y
Y
N
N
N
N
Y
N
Y
-Sta " ' •
\*F\* Product
Restrictions
N
N
N
Y
N
N
Y
N
N
N
N
N
N
N
Y
N
N
N
N
N
Y
«»
CFC
Restriction
Citation
LegisiaOve
Resolution
Public Act
89-227
Code Section 455
D-14
802 Code of MA
Regulations 4.00
4s
Recycled
Products
Requirements
N
N
N
Y
Y
N
N
N
N
N
N
N
N
N
Y
N
Y
N
N
N
-------
If -
RftfeftoQumtiarr:
STATE
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
s \ <*"
,. V^-.^v'^AWf*-^ >^
Foam Cup*
endPUfee
ftatUtcttofM
Y
N
N
Y
N
N
N
Y
N
N
N
H
N
N
N
Y
N
Y
N
N
N
N
N
Y
N
N
N
N
N
w-8e
- - * - - VVJ$
R* manufactured
neme/Diapoeable
Regulation*
N
Y
N
N
N
N
N
N
N
N
N
N
N
N
N
Y
N
N
Y
N
N
Y
N
Y
N
N
N
Y
N
f --*• ;
&v£»B -*--x
CFC Product
Restrictions
Y
Y
N
N
N
N
N
N
Y
N
Y
N
N
N
N
N
N
N
N
M
N
N
N
N
N
N
N
Y
N
- « ,-•«
Recycled
Product*
RequlrtmenU
Y
N
N
N
N
N
N
Y
N
N
N
N
N
N
N
Y
N
N
N
Y
N
N
Y
Y
N
N
N
j**»;*b''** f" a" «.
Recycled Product*
Requirement*
Citation*
PA 412 of 1988
and PA 413 of
1688
(5)
N
(6)
P.L 1067. c.102
Source Separation
Act
(7)
1988 Act 101
T.C A 68-31-865 61
seq.
Title 29 S903
paragraph (d)
N
SSB5143
(8)
KEY: Y-Yes;N-No
Source: Nataul Atsocation of State Purchasing Of&date. Stttt and Local Government Purchasing, 4* Edition.
-24-
-------
FOOTNOTES: Environmental Issues
DE (1)25% of paper purchased must be recycled.
H. (2)28% of *»toaldoBar value of paper snd paper producsshafl be recyded
IA (3) Paper products onfy.
ME (4) IbW
MO (5) told.
NH (6)0*1
OR (7)lbkL
Wl (B)1989W1lAct 335 tecpjiras fte purdase e« Mcycted produets when poBrible.butdoe»notdBslgna»ap»roBiiageoftetai
purcrtsses.
Source: Nattc«alABe)daSon erf State PiKhastogOII^
-25-
-------
• Environmental Issues •
iJHiill
1) Does your state purchase recycled ot? (Yw -20, No-30)
-*•— __,..••...•«
ttoas your state procure and use aaeraatfve feels? {Yes - 31, No -19) S yes,
$*w often does it happen? Frequently-6> Perfoolcally -32, Seldom -11,
*- > , v
!3)23oe»yourstate DurchasevriricfesthatulilireattemaJivB fuels?
4} Does your state puiase soybean lrt£ f» state prlnlin
» yes, wtet portion of the totel ink purchases te made ap by soy-bean
fate?
JBrtw*>Ouwaon~
w •-..-•-..•• - - ;"f ,
STATE
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
, Jt „ ~s
•* -. .~.
W\ * mi iml u rl
HPCyQVQ
Oil
N
N
N
N
Y
N
N
N
N
N
Y
N
Y
Y
N
N
Y
N
Y
N
N
Y
Y
^&f^
Atomtttvt
Fu*U
N
N
N
N
Y
Y
Y
N
N
Y
N
N
Y
Y
Y
Y
Y
N
Y
Y
Y
N
Y
:;: :;:.•; -;i'ja>'.^;:
HowOtton
F
S
s
p
F
F
F
S
P
U
P
P
S
•- S>xj3» ^ s, ,-:
- - ••••--. . .. \"*r>
VaMdMUw
Atenutfv*
FU(M
N
N
N
N
Y
Y
Y
N
N
N
N
N
Y
N
Y
Y
N
N
N
Y
Y
N
N
-~.%3b -'^.
^hA^^^^^—^feA Aj
rtnmHagtOl
ToMVMtetes
?*UTCnSS0O
10
1
1
5
U
(1)
(2)
4
-V. wta s
Soy-BMii
hk
N
Y
N
Y
N
N
N
N
N
N
N
N
Y
N
Y
Y
Y
Y
Y
Y
Y
Y
Y
* * .4K * ""3 VV
*.x££«r ^O ,^ " ' *^<- '
Total Ink
Pureh»«»d
U
100
99
100
U
75
U
U
(3)
100
u
u
Source: National Aasooaflon of State P\M&i
. Stt vtf Local Government Purchasing, 4th Etftion.
-26-
-------
fctertoOuMtion
STATE
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOOTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING.
'"'"t ~~~ •"-:.
Bmf*mA^*l
HVCyCMO
ou
N
Y
Y
N
N
N
Y
Y
Y
N
N
N
N
Y
Y
N
N
Y
Y
Y
Y
Y
N
N
N
N
N
to '•'
Altomrtv*
Fuels
N
N
Y
Y
N
N
Y
Y
Y
Y
N
Y
Y
Y
N
Y
N
Y
N
Y
Y
Y
Y
N
Y
Y
Y
" 2b
How Often
P
S
S
F
S
S
S
u
S
F
P
P
P
P
P
P
P
S
«• '•• '
VtWeiMUM
AlterTMtfvt
FuiM
N
N
N
Y
N
N
Y
N
Y
N
N
N
Y
Y
Y
N
N
N
N
Y
Y
N
Y
N
Y
Y
N
"•'" •'•&>'''
PMV mntmum nl
VTCvnttQt OT
Total Vehicles
1
W
(5)
U
1
(6)
30
5
14
10
2
'• 4. *•
Soy-B*«n
Ink
N
Y
N
Y
N
N
Y
N
Y
N
N
Y
Y
N
Y
N
Y
Y
Y
Y
N
Y
N
Y{7)
N
Y
N
•:-^:;?:.^^
P*rt«ntag*of
Total Ink
1C»
100
20
Majority
5
U
25
U
Small
60
10
so
90
U
KEY: Y.
FOOTNOTES:
KS (1) AtemaBve fuels being used in only one vefude.
MD (2) Testing natural gas powered
MD (3} Testing In plant shop.
NJ (4) Test vehicles only.
NY (5) Vary tow, piot bass only.
PN (6) Test vehicles only.
WA (7) Vegetable Inks, not Just soy-bean Ink.
Source: Naflonat Attoaaoon erf Stab Purchasing Officials. State ana Local Government Purchasing. 4n Edition.
-27-
-------
State Preference Laws
BH;
s- ,, *- ~ ~. . -*
1)Updatett)efoBowi8g tetomwitionxwt In-state preference buying laws or,f
,:. pracHces in you? stale, if preference, what percentage. {Paper Products
wftrt Recycled Content: Yea-SS, No-12; Plastic Produds with Recycled
Content: Yes-22, t4o-28) . ~ :„ " . ., . " „„ ;
STATE
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
WDIANA
IOWA
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MSS1SS1PPI
MSSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
DmDMt Pmdiicta
^UUkh ** — — . -~J — -» ^A«biA^k4
VfliUi Kt^ydPii w^TOPrn
N
Y(5%)
Y<5%)
Y(5% preference)
Y
N
r
Yp^peferenc*
N
N
N
Y(50%)
^
Y(5%)
T(iCnb pnoo pruiufuficw)
Y(10%B 50% recycled)
Y(up to 10K.)
Y(10%)
Y(10% pretaraocB)
N
Y(50% recycled paper)
Y(3)
Y(5%r. WBm)
( pnce vtrg
Ptasbc Products
Wrfln rtocycwo Content
N
N
N
N
N
Y
T(lwlb prOIBrBnOB BjlOWuDie;
N
Y
N
N
N
N
utf^—., _ * ,
Y(10% preference)
N
N
Y(2)
Y(5%)
N
Y<5% price preference)
YflOK price preference)
Y(up to 10%)
Y(10%)
N
N
Y
Y{4)
N
Y(recycJed has preference)
Source: National Awxtaten of Sate Pintasing Officiate
i/ Government Purchasing. 4th Edition.
-28-
-------
STATE
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
rvfmr rrvoww
With Recycled Content
Y15)
Y(10% statutory preference)
N
N
N
N
Y(12%)
Y(S*}
Y(5%on tow responsVe bids)
Y
Y(7)
N
Y(8)
Y(o% pnoft preference)
Y(5%)
Y(10)
Y
Y{3%)
N
Y
With Recycled Content
Y(6)
Y(10% statutory preference)
N
N
N
N
Y{5%)
Y(5%)
N
Y
N
N
Y(9)
N
Y(5%)
N
Y
N
N
N
KEY: Y.Yes;N-No
FOOTNOTES:
KY (1) Must buy recycled product If available and meete need.
KY (2) Ibid
NV (3) Must purchase recycled V price is not more than virgin. May purchase recydedV price is not more than 10% of viroin paper.
NV (4) Must purchase recycled If fte price is not more than virgin. May purchase recyded if price is not more than 5% of virgin product
NM (5) If the price of virgin materials is tower on a bid than recycled, to by i^^
ftan the bid. then the bid would go to fte vendor offering tie recycled.
NM (6) Ibid
SO (7) B price and quaDty equal to virgin.
TX (8) Preferenceter products made of recycled materials If preset meats sate specifkatic« and the pries does rwt exceed ftepn^
more tan the percentage stated In the specification.
TX (9) Ibid
VA (10) If price is within 10% of virgin paper.
Source: National Association of State Purchasing OtSci^.StaK ana Local Govenmern Purchasing. 4th £cC6on.
-29-
-------
MUJHBSOTA STATUTES, 1990
Minn. Stat. 115A.48
-30-
-------
MINNESOTA STATUTES 1990
Environmental Protection
CHAPTER 115A WASTE MANAGEMENT
SOLID UASTE MANAGEMENT POLICY AND PR06RANS
Minn. Stat. § 115A.48 (1990)
115A.48 Market development for recyclable materials and compost
Subdivision 1. Authority. The office shall assist and encourage the
development of specific facilities, services, and uses needed to provide
adequate, stable, and reliable markets for recyclable materials, solid waste
suitable for land application, and compost generated in the state. In carrying
out this duty the office shall coordinate and cooperate with the solid waste
management efforts of other public agencies and political subdivisions.
Subd. 2. Facility development proposals. In order to determine the
feasibility and method of developing and operating specific types of facilities
and services to use recyclable materials, solid waste suitable for land
application, and compost generated in the state, the office shall request
proposals from and may make grants to persons seeking to develop or operate the
facilities or services. Grants may be made for the purposes in section
115A.156, subdivision 1, clauses (1) to (6). A grant must be matched by money
or in-kind services provided by the grantee covering at least 50 percent of the
project cost. In requesting proposals under this section the office shall
follow the procedures provided in section 115A.158, subdivisions 1 and 2, as far
as practicable.
Subd. 3. Public procurement. The office shall provide technical assistance
and advice to political subdivisions and other public agencies to encourage
solid waste reduction and development of markets for recyclable materials and
compost through procurement policies and practices. Political subdivisions,
educational institutions, and other public agencies shall aggressively pursue
procurement practices that encourage solid waste reduction, recycling, and
development of markets for recyclable materials and compost and shall, whenever
practical, procure products containing recycled materials.
Subd. 4. Land application of solid waste. The office shall provide
technical assistance and advice to political subdivisions on separating portions
of the waste stream such as leaves, grass, clippings, tree and plant residue,
and paper for application and mixing into the soil and for use in agricultural
practices.
Subd. 5. Recyclable material market development, (a) The office shall make
grants and loans and shall provide technical assistance to persons for research
and development or for the acquisition and betterment of projects that develop
markets or end uses for recyclable materials. At least 50 percent of all funds
appropriated under Laws 1989, First Special Session chapter 1, article 24, for
sarket development efforts must be used to support county market development
2fforts. Brants to counties for market development must be made available to
those counties that achieve significant land disposal abatement through use of
source separation of recyclable materials. The office may use any means
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Minn. Stat. S 115A.48 (1990)
specified in section 115A.52 to provide technical assistance.
(b) A project nay receive a loan for up to SO percent of the capital cost of
the project or $2,000,000, whichever is less.
(c) A project nay receive a grant for up to 25 percent of the capital cost of
the project or $500,000, whichever is less.
(d) The office shall adopt rules for the prog ran.
HISTORY: 1987 c 348 s 17: 1988 c 685 S 11 j 1989 c 131 s 4-6; 1989 c 335 art 1 s
269; 1Sp1989 c 1 art 18 S 10,11
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UTAH PROCUREMENT CODE, 1990,
Chapter 56, Part D
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UTAH CODE ANNOTATED (Publisher: The Michie Co.)
Copyright (c) 1953-1990, by The State of Utah
All rights reserved.
TITLE 63. STATE AFFAIRS IN GENERAL
CHAPTER 56. OTAH PROCUREMENT CODE
PART D. SOURCE SELECTION AND CONTRACT FORMATION
Utah Code Ann. § 63-56-20.7 (1990)
S 63-56-20.7. Preference for recycled paper and paper products.
(f) As used in this section:
(a) "Paper" means any newspaper, high-grade office paper, fine paper,
bond paper, offset paper, xerographic paper, mimeographic paper, duplicator
paper, and related types of cellulosic material containing not more than 10Z by
weight or volume of noncellulosic material such as laminates, binders, coatings,
or saturants.
(b) "Paper product" means any paper items or commodities, including
paper napkins, towels, corrugated and other cardboard, toilet tissue, paper and
related types of cellulosic products containing not more than 10Z by weight or
volume of noncellulosic material such as laminates, binders, coatings, or
saturants. "Paper product" does not include preprinted cellulosic products such
as books, newspapers, calendars, and magazines.
(c) "Postconsumer waste" means a finished product of a manufactured
process which has converted a virgin resource into a commodity which would
normally be disposed of as solid waste.
(d) "Recycled paper" means any paper which has a total weight of not
less than 50Z of secondary waste paper material.
(e) "Recycled paper product" means any paper product which has a total
weight of not less than 50Z of secondary waste paper material.
(f) "Secondary waste paper material" means paper waste generated after
the completion of a paper-making process, such as postconsumer waste material,
envelope cuttings, bindery trimmings, printing waste, cutting and other
converting waste; except that secondary waste paper material does not include
fibrous waste generated during the manufacturing process, such as fibers
recovered from waste water or trimmings of paper machine rolls, fibrous
byproducts of harvesting, extractive, or woodcutting processes, or forest
residue such as bark.
(2) Notwithstanding Section 63-56-20, requiring public procurement units to
purchase products from the lowest responsible bidder, and subject to Subsection
(3), every public procurement unit shall give preference to the purchase of
paper and paper products which are manufactured or produced from recycled
materials.
(3) A public procurement unit shall give preference to purchasing
recycled paper and recycled paper products unless:
(a) the bid or purchase price for recycled paper or paper products
exceeds by more than 52 the lowest responsive and responsible bidder whose bid
meets the requirements and criteria set forth in the invitation for bids;
(b) there is no recycled paper or paper product reasonably available
that meets the requirements and criteria set forth in the invitation for bids;
or
(c) the public procurement unit has purchased at least the minimum
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Utah Code Ann. S 63-56-20.7 (1990)
percentage purchase requirement of recycled paper or recycled paper
products as provided in Subsection (4).
(4) (a) The minimum percentage purchase requirement for fiscal year 1990-91
is 10* of the public procurement unit's projected annual paper and paper product
purchases.
(b) The minimum percentage purchase requirement shall be increased by
5X each fiscal year until the minimum percentage purchase requirement is 502.
(5) Each public procurement unit shall provide the Procurement Advisory
Council with a report at the end of each fiscal year documenting:
(a) the dollar and volume amounts of paper and paper products
purchased;
(b) the dollar and volume amounts of recycled paper and recycled
paper products purchased; and
(c) any additional costs resulting from purchasing recycled paper or
recycled paper products.
(6) The Procurement Advisory Council shall provide a written report of the
information received under Subsection (5) to the Health Interim Committee by
September 30, 1991.
(7) Each state agency shall perform or obtain an evaluation of the
feasibility of a paper recycling program within the agency.
(8) Each state agency's evaluation shall:
(a) determine the types and quantities of recyclable paper in the state
agency's current waste stream;
(b) determine the market value of the recyclable paper;
(c) determine and describe the alternatives for separating recyclable
paper from the waste stream;
(d) for each type of paper and for each method of separation, determine
the cost of separating and collecting the recyclable paper for recycling;
(e) determine the cost of the current disposal method for each type of
recyclable paper; and
(f) for each type of paper, compare the cost of the current disposal
method with the cost of separating and collecting the paper for recycling.
(9) Each evaluation shall be in writing and shall justify all estimates. The
evaluation shall be retained by the state agency and shall be accessible to the
public for review.
(10) Each state agency shall complete the evaluation required under
Subsections (7) through (9) before October 1, 1990. Each state agency shall
revise the evaluation as necessary, at least every 30 months.
(11) If the cost of recycling a type of paper is no more than 10Z greater
than the cost of the current disposal method, then the state agency shall
separate that type of paper for recycling.
(12) A state agency that is required to separate paper for recycling shall:
(a) designate an existing employee as a recycling coordinator to
organize'and coordinate the state agency's recycling program;
(b) establish procedures for separating each type of paper required to
be separated for recycling;
(c) establish a system for separating and collecting each type of paper
to be recycled; which system shall assure that the recyclable paper is sold to
appropriate industries for reuse or recycling; and
(d) make participation in the recycling program as easy as practicable
for state agency personnel by establishing clear policies.
(13) The monies received from the sale of recyclable paper shall be retained
by the agency for:
(a) reimbursement to the state agency for program administration costs
incurred as a result of recycling, if any; and
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Utah Code Ann. S 63-56-20.7 (1990)
(b) funding recycling incentives programs.
(14) (a) The recycling coordinator created in Subsection (12) shall keep
records of:
(i) the quantity of paper recycled by the state agency;
(ii) the costs incurred .by the state agency in recycling paper;
and
(iii) the monies received from the sale of recyclable paper.
(b) Each recycling coordinator shall provide a written report of the
state agency's recycling activities including the information required under
Subsection (14)(a) before October 31 of each year to the Health Interim
Committee.
HISTORY: C. 1953, 63-56-20.7, enacted by L. 1990, ch. 279, S 2.
NOTES:
EFFECTIVE DATES. —Laws 1990, ch. 279, S 3 makes the act effective on July 1,
1990.
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VERMONT STATUTES ANNOTATED, 1989
Title 29, Section 903
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VERMONT. STATUTES ANNOTATED
Copyright ic) 1989 BY SECRETARY OF STATUTORY REVISION COMMISSION
FOR THE STATE OF VERMONT
All rights reserved
THIS DOCUMENT CURRENT THROUBH 1989 SUPPLEMENT (1989 REGULAR SESSION)
TITLE 29 PUBLIC PROPERTY AND SUPPLIES
PART 2. SUPPLIES AND PRINTING
CHAPTER 49. DEPARTMENT OF GENERAL SERVICES
29 V.S.A. S 903 (1989)
STATUS: LEGISLATIVE CHANGES CITED BELOW ARE NOT YET INCLUDED IN THIS DOCUHENT
Affected. See 1989 VT ALS 286, Section 8.
S 903. Requisition for supplies and materials
(a) When any governmental agency is in need of any of the items mentioned in
this chapter, the responsible officer thereof shall requisition therefor upon
the commissioner of general services, and the commissioner of general services
shall purchase the items by either advertising for bids or by letters of inquiry
and the contract for those items shall be awarded to the person whose bid or
quotation is in the best interest of the state. Subject to the provisions of
subsections (b) and (c) of this section the commissioner of general services nay
reject any or all bids or quotations and with the approval of the secretary of
administration procure items in such manner as may be in the best interest of
the state.
(b) When purchasing any items mentioned in this chapter, the commissioner of
general services, in any determination of the best interest of the state shall
consider (1) specifiedfquality (2) price (3) ease of access of supply (4)
incidental administrative costs (5) proven reliability of bidder (6) use of
recycled materials or products (7) minimizing the creation, by the state, of
solid waste.
(c) Whenever any business or industry located in Vermont and employing
citizens of this state has submitted a bid and the item has not been purchased
from them, the commissioner of general services shall record his reason for
assigning the order as he did and his report shall be a public record available
to any interested person. All bids or quotations shall be kept on file in his
office and open to public inspection.
(d) The commissioner of general services, with the assistance of all state
•agencies, shall cooperate with the generators and managers of waste materials
which may be recycled and with the producers of products which use recycled
materials to Kaximize the state's use of those materials and products,
particularly where the added cost of using waste materials rather than virgin
materials is less than the cost avoided by not having that waste in the waste
stream. The goal for the purchase of.recycled materials shall be at.least 15
percent J>y the end of 1932, 25 -percent by the end of 1990, and *C percent by the
end of 1993.. for purposes of this section, "recycled materials" include, but
are not limited to, recycled paper products,-retreaded automobile tires,
re-refined lubricating oil, used automotive parts, reclaimed solvents, recycled
asphalt, recycled concrete and compost materials. By January 15 of each
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29 V.S.A. S 903 (1989)
odd-numbered year, the commissioner of general services shall submit a report to
the governor and to the natural resources committees of the general assembly
reporting on the implementation of this subsection.
(e) Notwithstanding the provisions of subsection (a) of this section and
section 906(d) of this chapter, the commissioner of general services will
administer an equipment revolving fund to be used for internal lease purchase of
equipment for state agencies. The secretary of administration will establish
criteria for equipment to be purchased through this fund, including limiting
amounts for specific equipment and the useful life of the equipment.
Agencies or departments acquiring such equipment shall repay the fund through
their regular operating budgets according to an amortization schedule
established by the commissioner of finance and management. Repayment shall
include charges for administrative costs of the purchase and estimated
administrative inflation over the term of the payback.
The secretary of administration will report to the general assembly, on the
first of February each year, equipment purchased through this fund, plans for
equipment purchased through the fund for the following fiscal year, the status
of the fund, and a consolidated amortization schedule.
The commissioner of finance and management may anticipate receipts to this
fund and issue warrants based thereon.
HISTORY: Added 1959, No. 328 (Adj. Sess.), 5 13; amended 1966, No. 9 (Sp.
Sess.); 1987, No. 78, SS 18, 19; 1987, No. 243 (Adj. Sess.), S 36, eff. June 13,
1985; No. 281 (Adj. Sess.i, §311.
NOTES:
REVISION NOTE. References to bthis subchapter" in subsecs. (a) and (b) changed
to "this chapter" to correct an error in the references.
Substituted 'of this section" for "herein continued" following "subsections
(a/ and (to)*1 in suusec. is/ to conform reference to V.S.A. style.
Substituted "secretary" for "commissioner" preceding "of administration" in
subsec. (a) to conform reference to new title and reorganization of state
government. See S 2201 et seq. of Title 3.
AMENDMENTS—1987 (ADJ. SESS.). Act No. 243 substituted "commissioner of general
services" for "purchasing director" throughout subsec. (a), following "chapter,
the" in subsec. (b), preceding "shall record" in the first sentence of subsec.
(c) and at the beginning of the first sentence of subsec. (d) and for "director
of purchasing" following "year, the" in the fourth sentence of that subsection.
Act No. 281 added subsec. (e).
—1987. Subsection (b): Substituted "any" for "his" preceding "determination"
and added "(6) use of recycled aaterials or products (7) minimizing the
creation, by th£ state, of solid waste" following "bidder".
Subsection (d): Added.
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STATE PROCUREMENT OF RECYCLED PRODUCTS: GOING BEYOND PAPER
January 28, 1991
NORTHEAST RECYCLING COUNCIL, COUNCIL OF STATE GOVERNMENTS
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STATE PROCUREMENT OF RECYCLED PRODUCTS:
GOING BEYOND PAPER
BY: THE NORTHEAST RECYCLING COUNCIL
A shorter version of this paper was published by the Councfl of State Governments as part of their
Backgrounder series, entitled 'State Agencies and Recycling: More Than A Paper Tiger" in November
1989. "State Procurement of Recycled Products: Going Beyond Paper* was compiled by Michael
Rubin, Intern, Connie Saulter and Bill Voit Northeast Recycling Council, Eastern Regional
Conference, The Councfl of State Governments and was sponsored by a grant from the U.S.
Environmental Protection Agency, Region 1.
January 28,1991
Printed on Recycled Paper
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STATE PROCUREMENT OF RECYCLED PRODUCTS: GOING BEYOND PAPER
Government buying constitutes 20-21 percent of the Gross National Product State
and local government purchases constitute about half of this total (Keller, 1990). While
nobody knows exactly how much governments spend on recycjed products, the federal
government and many states have legislation, regulations or policies that mandate or
encourage agencies to buy and use recycled goods. For example, ten Northeastern
states (Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New
York, Pennsylvania, Rhode Island and Vermont mandate that their agencies buy recycled
products. Policies like these indicate that states could play a major role in promoting
recycling nationwide.
When governments use recycled products they accomplish two basic things; ft
keeps materials out of the waste stream and ft creates a market for them. The lack of
markets and the high price of recycled products has been the biggest impediment to
their use in the private and public sector. In addition, if uniform definitions and guidelines
are used for recycled products by government entities recycled products would no longer
be considered speciality items and the price would therefore be reduced.
The Northeast Recycling Council (NERC) suggests state agencies should institute
practices to promote recycled products and eliminate those practices which impede
buying of recycled products. The following are suggestions that would advance
procurement of recycled products:
• Set-up a regional on-line information network to link recycled product vendors
with state buyers, similar to Bidnet (The services "of this company are further
explained on page ten). The service could also list prices, quantity, content,
performance criteria, draft product specifications and provide feedback on
product use.
• Consider cooperative purchasing of recycled products. Minnesota and
Wisconsin have a task force that is considering jointly buying recycled paper.
• Adopt uniform specifications for recycled products.
• Specify and certify the recycled content of products they buy. NERC has
developed a vendor certification form used for recycled paper which could be
adapted for other products.
• Require vendors to provide all commodities in a bid rather than splitting bids if
there is a recycled commodity. fi.e. all or none bids).
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• Eliminate requirements for virgin materiafs in products sold to the state.
• Eliminate bid requirements that are irrelevant to the performance of the product
(an example of this is the brightness and speck count for certain uses of paper).
• Require vendors to provide the state with lists of other businesses that use their
product
FEDERAL ACTION
The Resource Conservation and Recovery Act of 1976 (RCRA), Section 6002 and
the Hazardous and Solid Waste Amendments of 1984, require the U.S. Environmental
Protection Agency (EPA) to develop guidelines to help governments buy recycled
products. The guidelines are to be used by federal, state or local agencies and
contractors using appropriated federal funds when making purchases of more than
$10,000.
General criteria include:
• The waste material must constitute a significant solid waste management problem
due to volume, degree of hazard, or difficulty of disposal.
• Economic methods of separation and recovery must exist
• The material must have technically proven uses.
• The federal government's purchasing or use of the final product or recovered
material must be substantial.
To date, EPA has developed guidelines for recycled paper and paper products, oil,
tires, building insulation, cement and concrete products containing fly ash. These
guidelines may be obtained from the EPA procurement hot-line (703/941-4452).
Federal agencies can buy recycled paper products and insulation on the open
market as long as they meet EPA specifications. .Other products like oil and tires must
be on a Qualified Products List (QPL) before federal agencies can purchase them. Re-
refined oil must meet federal military specifications (Mil-Spec) to qualify for use in federal
vehicles; however, to date none have qualified.
STATE ACTION
California... The-State Assistance for Recycling Markets Act of 1989 (AB4, Chapter
1094) requires state agencies, the legislature and local governments to purchase recycled
products. Specifically it: (Boyd, 1990)
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• Requires a 5 percent price preference up to $50,000 to be extended to suppliers
of state purchases of recycled paper products; and a purchase preference on
compost, glass, oil, plastics, solvents and paint, and tires, provided that they
meet applicable standards. This price preference was in effect for recycled paper
products prior to AB4.
• Sets overall goals for the recycled product mix on future state purchases. These
are 10 percent by 1991, 20 percent by 1993, and 40 percent by 1995.
• Eiminates state bid or product specifications that preclude using recycled
products.
SB1322 establishes a comprehensive set of state programs designed to increase
recycling by state agencies and encourage the development of markets for recycled
products. Examples include: (Boyd, 1990)
• Requiring the California Department of General Services to begin using retreaded
t'res on state vehicles, except for emergency vehicles.
t Establishing new bid specifications and purchasing practices for recycled plastic
products.
• Requiring all agencies which use lead-acid batteries to buy recycled batteries.
Connecticut... Public Act 88-231 incorporates a provision for determining the
lowest qualified bidder that allows the Department of Administrative Services to give a
price preference not to exceed 10 percent in the purchase of products made with recycled
content. The Department is revising specifications for forms and printing bids to
incorporate recycled content (Gobin, 1990).
Under Public Act 89-385, the Department of Administrative Services is implementing
a plan to eliminate the use of disposable and single use products in state government
State Purchasing is filling orders with recharged toner cartridges, multi-strike ribbons and
refillable pens. To the extent feasible, disposable food service products will also be
eliminated (Gobin, 1990).
Connecticut state agencies use recycled paper, towels and tissue, plastic garbage
bags, re-tread truck tires and corrugated containers made with recycled materials.
Delaware... S.265 recommends all state agencies use EPA guidelines when buying
recycled paper. It also declares a preference for state agencies to buy recycled products
whenever they can be obtained at prices equal to a non- recycled version. Delaware
requires recycled products to make up 10 percent of state agencies product mix by 1991,
25 percent by 1992 and 40 percent by 1993 (Cathcart, 1990).
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Florida... Public Law 88-130 requires agencies to buy recycled products whenever
economically and technically feasible. Florida's Division of Purchasing gives a 10 percent
price preference when buying recycled products. In addition the law; (Smith, 1990).
• Requires the Division of Purchasing to review and revise current procurement
_, ^« Ju: cj> and bid specifications to remove language that discriminates against
recycled products.
* Recommends when buying recycled products the state contract specify the
minimum percentages of recycled content
3 Requires certification of recycled content in products it buys,.
• Allows any person to request tne state to evaluate a product containing
secondary materials if the person believes its use to be more beneficial than
using a product containing virgin materials.
• Encourages the private sector to market recycled products to state_agencies.
Rorida buys garbage cans made with recycled plastics and highway paint
containing recycled glass beads. The Department of Transportation is conducting
demonstration projects using recycled materials in road construction. These materials
include ground tires used in roadbeds; ash from coal combustion for concrete, ash from
waste and oil combustion for base material in roadbeds; mixed plastics for guard rail post
or right of way fence posts; construction steel made from scrap metal, glass and glass
aggregates. It is investigating purchasing re-refined oil, retreaded tires and antifreeze with
recycled glycol.
Rorida has agreed to partially finance the proposed National Center for Recycled
Plastic Properties and Specifications. The testing center would determine quality and
performance specifications for recycled plastics products. This will include products used
in highway, construction and food packaging applications. The remaining funding for the
Center is expected from the Society of the Plastics Industry (Recycling Times, vol.2 #13,
1990).
////no/5 ... HB3389 requires state agencies to use compost materials in all land
maintenance activities on state property and encourages state agencies to purchase
recycled products. The Illinois Solid Waste Management Plan requires counties to
promote recycling by local agencies. The state has made the purchase of re-refined .oil
a priority and its Department of Transportation is seeking bids on one contract for virgin
oil and one for re-refined oil to use in fleet vehicles. Depending on financial
considerations, the state intends to use as much re-refined oil as possible since
coi c'~iuair:Q, aner a year long study, that there is no evidence which would prohibit its use.
In addition, Illinois' DOT is working with a company to develop construction barricades
and traffic cones from recycled plastics (Rogers, 1990).
Maine... HB1025 requires state agencies to purchase recycled products which
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are equal in quality and competitively priced to new products. The state purchasing
office gives a 10 percent price preference on paper products. State agencies are required
to use compost when landscaping state property. The Bureau of Purchases must provide
information to state agencies about recycled products, including policy, market
information, technical data The Bureau coordinate demonstration projects with the
Departments ot Transportation, Agriculture, Food and Rural Resources, Environmental
Protection, and the Office of Waste Reduction and Recycling (Thompson, 1990).
Maine buys rebuilt office equipment and auto parts (brake pads, rebuilt starters,
and rebuilt generators), rebuilt offset presses, Xerox 9900 series duplicators, toner
cartridges (pilot program) and fiche duplicators, plastic trash bags, aluminum plate stock,
re-refined oil (trial basis), traffic cones.recycfing containers, plastic lumber for sign posts,
retread tires (passenger cars, trucks and heavy equipment), compost for landscaping on
highway projects and used asphalt as base material for road construction (Thompson,
1990).
Other recycled products Maine is considering include concrete containing fly ash,
cellulose insulation, snow fence, sheet metal for license plates, plastic traffic cones,
anti-freeze, rubberized asphalt and glass spheres in paint for road markings. The States'
Department of Transportation is testing tires for use as road construction material.
Massachusetts ... Executive Order #279, 1988 requires the Purchasing Agent
Division (PAD) of the Executive Office of Administration and Finance to develop a plan to
buy recycled materials.
Massachusetts' 1990 Recycled Material Procurement Plan phases recycled
products into the states buying strategy, initially focusing on paper, aluminum, plastics and
soil supplements. Recycled plastic products are planned for fiscal year 1992. Examples
include, aluminum license plate and road signs, plastic trash can liners and compost
which will be used by the Department of Public Works and the Turnpike Authority
(Commonwealth of Massachusetts, 1989).
Minnesota... Articles 18-24 of the 1989 special session tax bill includes provisions
for the state to buy recycled products, including:
• A10 percent price preference on state purchases of recycled products.
• A requirement for political subdivisions, educational institutions and other public
agencies to buy recycled products.
• A cooperative purchasing program with state agencies, local governments, other
states and the federal government
• A requirement for The Department of Administration to develop and implement
a sirategy ihat encourages state agencies to buy recycled products.
Minnesota's Office of Waste Management and the Department of Administration
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have joined forces to promote recycled products to state agencies. This project entitled
"Buy Recycled" focuses on educating buyers, identifying and testing recycled products
and creating buying opportunities for these products. They held a vendor exhibit and
dfivelooed fact sheets and vendor lists of recycled products. When bidding state
ccntracts. venoors are asked to provide information on the kind and amount of recycled
material (if any) contained in their products (Zazubek, 1990).
The Management Division of Minnesota's Department of Administration keeps a list
of recycled products which state agencies can buy, including: steel chains, auto parts
pelco-Remy Service Parts and Units Contract), steel, copper or aluminum, air, oil and gas
filters, rubber mats, laser printer cartridges, recycling plastic collection containers, food
service containers, serving equipment and cookware and plastic and. steel polyethylene
waste bags with 25 percent recycled plastic (Zazubek, 4990),
New Hampshire... HB1506 requires the Department of Administrative Services to
incorporate recycled and recyclable products in its purchasing decisions, stating 'such
products shall be made available to agencies whenever feasible, acceptable and
appropriate." Purchasing regulations require vendors to give the percentage of recycled
content in their products. By December 31, 1990. the_Depattment_pf- Administrative
Services must eliminate language in 'its bid specifications that prohibit using recycled
products or requiring either new products or products with only virgin materials. HB680,
Chapter 119 requires the Department of Environmental Services to study potential state
uses for recycled bottom ash from waste-to-energy facilities.
New Hampshire state agencies buy recycled plastic urinal screens, steel and
aluminum reflector posts for highways (50 percent post-consumer), aluminum bridge rail
(20 percent post-consumer), reinforced steel bar (100 percent post-consumer), tile flooring
made with recycled tires, and rubberized asphalt sealant Recycled aluminum was used
on a trial basis for license plates. Hov/ever, the aluminum proved to be too costly due to
the doubling of waste from the stamping process (Ewing, 1990).
New Jersey... The state purchasing agency gives a 10 percent price preference
for recycled paper. New Jersey agencies are now instructed to buy recycled products
whose cost is equal to or less than products they are replacing. Priority is given to the
use of compost in all land maintenance activities paid for with public funds (Sullivan).
The New Jersey Department of Transportation is required to review and modify
specifications for paving and sub-base material for the use of recycled materials such as
asphalt, concrete, tires, ash and glass aggregates. The Department purchases snow
fence and safety fence made with recycled plastic content, and recycles asphalt and
ronrrete.
New Jersey's General Services Administration is testing retreaded tires on state
vehicles and is considering using re-molded tires. Re-molding tires is a relatively new
process which recycles the side wall as well as the tread of tires.
Specifications on bids, in New Jersey, for re-refined oil call for 25 percent recycled
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content Tne state has received bids within 5 percent of the cost of new oil but to date
has not purchased any.
The State of New Jersey's purchasing specifications for new chlorofluorocarbons
(CFCs) include a preference for recycled CFC. However, no supply has been found to
date. It is presumed that manufacturers simply refine the collected CFC and mix it with
virgin CFG. Tnere is no difference in performance between refined CFC and virgin CFC
(Sullivan, 1990).
New YOTK ... State law requires the Commissioner of General Services to remove
language in state purchasing regulations that prohibits against buying recycled products.
New York buys re-refined oil, recapped truck and bus tires, blowrvin cellulose insulation,
magnetic recording tape, bituminous concrete, glass, spheres for pavement markings,
polyethylene film, aluminum for casting, plastic waste receptacles and laundry carts and
re-rolled steel (Sampson, 1990).
New York has its own quality control lab to insure that products will meet the
specifications. The state also relies on outside laboratory tests, such as the Society of
Automotive Engineers (SAE) for engine sequence tests on re-refined oil. The state's
Department of Transportation is also investigating the incorporation of waste tires in its
paving materials (Sampson, 1990).
Pennsylvania... State agencies can give a 5 percent price preference to recycled
products. The Department of General Services sets a minimum percentage of recycled
content for the recycled products to qualify for this preference. Pennsylvania has focused
its purchasing on recycled paper. However it is considering other products like guide
rails, aluminum sign posts, license plates bituminous materials in road construction, metal
storage drums and re-refined motor oil (Confer, 1990).
ftfjocte Island... HB5567, Chapter 89-261 and SB56, Chapter 89-228 requires the
Purchasing Department to review state procurement .specifications in order to eliminate
discriminatory language against recycled products. The Department of Environmental
Management is required to assist in locating vendors of recycled products. Information
on recycled content must be requested on all paper purchases and any other products
that could contain recycled content. There is a price preference for paper only (Aceti,
1990).
Vermont... Code, Title 29, Chapter 49, Sub-section 903D sets as a goal that
recycled products constitute 25 percent of all state purchases by the end of 1990 and 40
percent by the end of 1993. Currently 18 percent of the state's purchases fall into this
category, most of which is paper. Reports are issued by January 15 of .each
odd-numbered year detailing progress on attaining these goals.- State agencies can .give
a 5 percent price preference on recycled products (McGrath).
Vermont buys retread tires for certain applications on state vehicles. Good results
have been obtained with "cold cap processed" recaps for truck tires. "Hot cap' retread
tires are being promoted for specific automobile uses. These include lower performance
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applications for low speed/mileage trip vehicles. They are not used on state police cars.
Other recycled products utilized in Vermont include signposts made with recycled
steel for highway signs, glass beads made with recycled glass are used in reflective
highway paint and the aluminum in license plates is 60-90 percent recycled aluminum
(Noyes, 1989).
Washington ... State agencies can give a 10 percent price preference for all
recycled products. To qualify bidders must certify that their product contains at least 15
percent recycled material. Washington currently has contracts for reflective beads (to be
used in roadways) and aluminum license plates (Crawford, 1990).
ROADBLOCKS AND SUGGESTIONS FOR FURTHER ACTION
IN THE PROCUREMENT PROCESS
Administration
In order to increase the procurement of recycled products, the need for strong
support by upper level administrators and/or users of the products cannot be
overemphasized. The users of recycled products must be willing to cooperate in
using/testing the products. State that are moving forward on this issue have the active
support of purchasing officials and usually the cooperation of other agencies within the
state.
Information Exchange Network
Many state purchasing officials have expressed an interest in what other states
have done with regard to the purchasing of recycled products. Specifically, these officials
could exchange information on vendors and contracts. Additionally, feedback on
performance of specific products would be of great value. This information could be
coordinated and distributed by NERC, the National Association.of State Purchasing
Officials (NASPO), or the National Institute of Governmental Purchasing (NIGP). Ideally
this system would be structured as simple as possible for purchasing officials to use.
Purchasing officials would need to supply information; product specifications, suppliers,
cost, quantity, comments-feedback on product use, and actual purchases. A form with
this information would need to be filled out for each purchase of a recycled product The
information would then be organized into a quarterly newsletter sent to the state and
agency purchasing officials and possibly local purchasers in municipalities.
Vendor Shows
At least seven states are taking the initiative to increase communication between
state purchasers and vendors of recycled products through vendor exhibit shows. Illinois,
Colorado, California, New York, Minnesota, New Mexico and Connecticut have sponsored
such events. The purpose of these shows is twofold: 1) to educate purchasers on what
recycled products are available, and 2) to educate vendors on how to bid on state
contracts. The New York State Vendor Show attracts buyers from both the public and
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private sector. New York State Department of Economic Development is planning another
show for January 1991 in New York City and is considering hosting vendor shows
possibly on a regular basis.
NERC is assisting in the planning of a Northeast regional vendor show funded and
organized by EPA Region 1. It is to be held April 22-24,1991 in Newport, Rhode Island
and its location will be rotated throughput the northeast in subsequent years. Afl EPA
Regional Offices will be sponsoring similar shows over the next two years.
Cooperative Purchasing
By increasing quantities purchased, costs of recycled products can become more
competitive. States should investigate purchasing cooperatives between agencies, cities,
counties and other states for specific items. Again, an example of this is the joint
procurement task force between Wisconsin and Minnesota. This group's first goal is to
work with local paper producers, state purchasers and the copy industry to develop
practical specifications for xerographic paper with significant post-consumer content The
group will then seek a supplier of this product using the purchasing power of both states
(Foster, 1990).
Bid Matching Service
Bidnet, Inc. was a national electronic information network designed to join together
government purchases with vendors by listing government bids in their database for all
products including recycled products. This electronic information service, based in
Rockville, Maryland was acquired in 1986 by Dun & Bradstreet and was terminated in
October of 1989. This service was free to government purchasers and funded by
vendors. One of Bidnet's additional services included assisting governments in writing bid
specifications. Bidnet recently re-opened its operation in Albany, New York. All the
services described above have been retained. Services are pad for by the vendor;
depending on the size of geographic area requested and the number of products/services
bid. Bids list any preferences including preferences for recycled content.
A few states considered starting their own programs to fill the void left by the 1989
closing of Bidnet One company, 'Open Bid", in Southern California is operating a system
on a regional basis (Enos, 1990). At least two states have started newsletters to inform
interested vendors of government contracts (New York and West Virginia). The 'New
York State Contract Reporter" is one such publication with 4,000 subscribers. None of
these programs however are geared towards recycled products.
Based on the idea of Bidnet, a regional network linking government contracts with
vendors of recycled products could be extremely valuable.
Bid Specification Reform
Bid specifications need to be reviewed and modified to remove requirements that
are biased against recycled products. Some of these are obvious such as a requirement
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for virgin materials.
Current requirements tend to encourage the status quo with regard to purchasing
and rfisrcurage new products and vendors from entering into the system. Review and
rewriting of specifications is essential for the increased purchase of recycled products.
o. .-~u ~-:—:,p,f4^,?f,ts neecj to maj
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for:
0 expanding price preferences to all recycled products where appropriate;
• reviewing specifications and bid procedures;
• open cooperative purchasing to state agencies, counties, municipalities, etc.;
• requiring public agencies to purchase recycled products whenever possible;
and,
• creating a task force of purchasing agency and solid waste agency officials to
cooperatively administer compliance with purchasing goals.
Increased Cooperation by Vendors
Vendors of recycled products must cooperate with state officials in revising
specifications and making information on recycled products available. Florida legislation
has a provision for encouraging the private sector to bring new recycled products to the
attention of state purchasing officials.
Recycled Product Guide Data Base
Purchasing officers do not always have current information on recycled product
vendors. This is partially a reflection of the rapidly expanding and contracting nature of
the business. The main source for this information is The Official Recycled Product Guide
(RPG). Other sources include the EPA and purchasing offices of other states, i.e. New
York is a state that has a vendor list available. In addition, the Council of Solid Waste
Solutions has developed an extensive list of recycled plastic manufacturers.
The Official Recycled Product Guide does not currently list any metal products with
recycled content because this has not been a priority category. Many metal products are
made with recycled content but may not be advertized as such because of presumed
negative connotations. In order to be in the RPG, products must guarantee a certain
percentage of recycled content. Most metal products contain some percentage of
recycled content; scrap (aluminum, iron and steel) is used as much as possible as long
as tine specifications for the product are being met However, some manufacturers daim
that quantifying the percentage of recycled content may be difficult because percentages
vary over the course of the year (Garino, 1990). Specifying a minimum percentage over
the course of a year may be a recommended solution.
ft would be useful for the RPG to provide a computerized data base service to
supply product specifications to purchasing officials. This would reduce the amount of
research now required by purchasers seeking information on recycled products.
The Official Recycled Products Guide is updated quarterly and is available by
subscription from American Recycling Market, Inc., P.O. Box 577, Ogdensbitfftew York
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13669, (513) 471-0707.
CONCLUSION
As government agencies begin to purchase more recycled products, they are
r'r«*:-- ?*? -rryrling bop by assisting the development of secondary material markets
and encouraging the development of a recycling infrastructure. This will bring the states
and federal government closer to meeting their recycling goals and reducing the amount
of msteria! thst wH enter the waste stream. States that have made the most progress on
this issue have active support of their legislatures, purchasing officials and recycling
officials.
In addition, many of the more progressive states have participated in multi-state
research on this issue, such as the NASPO/ASTM and NERC efforts, which maximizes
use of scarce state dollars.
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REFERENCES
Acsti. >-. P^cde Island Department of Environmental Management, personal
communication, 7/3/90.
Arnold, Dana. F.H. Pechan and Associates, Inc., personal communication,6/14/90.
Boyd, Steve, California Department of General Services, State Office of Procurement,
personal communication, 8/24/90.
CarroD, Linda, Project Director, "State Procurement Expenditure Analysis'/Times
Publishing, Inc., 1988.
Campbell, Clayton, Florida Division of Purchasing, personal communication,8/7/90.
Cathcart, Richard, Delaware Division of Purchasing, personal communication, 5/29/90.
Commonwealth of Massachusetts, Executive Office of Economic Affairs, Department of
Environmental Protection, Purchasing Agents Division, 9/18/89
Confer, Greg, Pennsylvania Department of General Services, annual report, 9/90.
Crawford, Rose, Administrative Assistant, Washington State Procurement Agency,
personal communication, 6/28/1990.
Enos, Gary, "Regional Bid-Matching Services Scramble to Rll BidNet's Shoes", City and
State, 1/29/90.
Ewing, George, New Hampshire Plant and Property Management, Administration Services
Department, personal communication, 5/29/90.
Foster, Laura Kliewer, "Wisconsin and Minnesota Combine on an Idea Worth Copying",
NASPO Newsletter, July 1990, vol.IV, no.3.
Garino, Bob, Institute of Scrap Industries, personal communication, 6/5/90.
Anne Gobin, Connecticut Department of General Services, personal communication,
10/21/90.
*
Jones, Ed, Connecticut Purchasing Division, personal communication, 5/31/90.
Keller, Richard, "NRG Pushes Procurement", Recycling Times, May 8,1990, vol. 2 # 10,
p.12.
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McGrath, Bill, Director Recycling Market Development, State of Vermont, personal
communication, 5/8/90.
Noyes, Peter, Vermont General Services, Division of Purchasing, Department Report,
1/5/89.
•Florida Will Test Recycled Plastics", Recycling Times, June 19,1990, vol.2 #13. p.9.
Rogers, Charles, Illinois Purchasing Department, personal communication, 6/14/90.
Sampson, Ann, New York Office of General Services, Division of Purchasing, personal
communication, 5/15/90.
Smith, Larry, Florida Product Testing Lab, personal communication, 6/28/90.
Sullivan, Joe, New Jersey Purchasing Dept, personal communication, 6/28/90.
Thompson, Richard, Maine Department of Administration, Bureau of Purchases, memo,
6/14/90 and Dingfelder, Jackie, Maine Waste Management Agency, department memo,
6/29/90.
Vandenberg, Nancy, "A Regional Approach to Buying Recycled Paper; By Consensus
Process to Achieve Common Goals", Northeast Recycling Council, December, 1988.
Weissman, Nancy, "Rnding and Developing Recycling Markets", Solid Waste and Power,
vol. 4, #3, June 1990.
Zazubek, Carol, Minnesota Department of Administration, Materials Management Division,
department memo, 6/28/90.
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PROCUREMENT CONTACTS
Federal:
U.S. Environmental Protection Agency, Procurement Guidelines
Hotline: (703) 941-4452
States:
Connecticut Bureau of Purchases, Administrative Services Dept.,
Middletown, CT: (203) 638-3267
Maine Bureau of Purchases, Department of Administration,
Augusta, HE: (207) 289-3521
Massachusetts Executive Office of Administration and Finance,
Boston, MA: (617) 727-2888, (617) 727-2906
New Hampshire Administrative Services Department, Plant and
Property Management Section, Concord, NH: (603) 271-2700
Rhode Island Division of Purchases, Department of Administration,
Providence, RI (401) 277-2321
Vermont General Services Department, Procurement Section,
Montpelier, VT (802) 828-2215
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A COMPENDIUM OF MATERIALS ON MUNICIPAL SOLID WASTE
GOVERNMENT PROCUREMENT
SOURCES USED
Procurement Guidelines for Government Agencies by U.S.
Environmental Protection Agency, Office of Solid Waste &
Emergency Response, EPA/530-SW-91-011, December, 1990.
Recycled Paper - Where Does EPA Stand by U.S. Environmental
Protection Agency, 1991.
EPA Calls for Comments on Paper Procurement Issues in "Reusable
News," Fall, 1990, EPA/530-SW-90-056.
Procurement, by U.S. Congress, Office of Technology Assessment,
FACING AMERICA'S TRASH: WHAT NEXT FOR MUNICIPAL SOLID WASTE
(Washington, DC: Government Printing Office, Oct., 1989),
pp. 331-333. Reprinted with permission.
Making Procurement Work, by Environmental Defense Fund, COMING
FULL CIRCLE: SUCCESSFUL RECYCLING TODAY (New York, NY: EOF,
1988), pp. 100-101. Reprinted with permission.
State and Local Government Purchasing, prepared by the National
Association of State Purchasing Officials (NASPO) for the 1992
Buy Recycled Products Trade Fair and Showcase, held in
Washington, D.C. on June 29 & 30, 1992. Sponsored by a grant
from the U.S. Environmental Protection Agency, Regions 1, 2 & 3.
Reprinted with permission.
Market Development for Recyclable Materials and Compost,
Minnesota Statutes 1ISA.48 from MINNESOTA STATUTES, 1990.
Utah Procurement Code, Chapter 56 Part D. from UTAH CODE
ANNOTATED by The State of Utah (Michie, 1990).
Requisition for Supplies and Materials, Vermont Statutes 903 from
Vermont Statutes Annotated, Title 29, Part 2, Chapter 49, 1989.
State Procurement of Recycled Products: Going Beyond Paper by
Michael Rubin, Connie Saulter, and Bill Voit, Northeast Recycling
Council, Eastern Regional Conference, The Council of State
Governments, January 28, 1991. Sponsored by a grant from the
U.S. Environmental Protection Agency, Region 1. Reprinted with
permission.
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