PPC: X
EPA: 530-R-93-004h
NTIS: PB93-922 408
"Procurement Requirements Applicable to Government Agencies"
(Key Words: Federal agency; procurement guidelines; recycling;
Subtitle D)
QUESTION: One of the primary objectives of the Resource
Conservation and Recovery Act (RCRA) is to conserve valuable
material and energy resources (Section 1003(a)). Because the
collective purchasing power of federal, state, and local
governments has significant potential to expand markets for
products made with recovered materials, RCRA Section 6002
requires government procuring agencies, when purchasing
EPA-designated items, to select items with the highest amount of
recovered material content practicable. All federal agencies
must review and revise all of their specifications for products
to eliminate language which discriminates against the use of
recovered materials. In addition, each procuring agency subject
to Section 6002 must establish an affirmative procurement program
for each item designated by EPA. How does a government agency
determine whether or not it must comply with the requirements of
Section 6002?
ANSWER: A government agency should answer the following three
questions to determine if it is subject to the requirements of
Section 6002. First, does the government agency meet the
definition of a procuring agency? The definition of procuring
agency includes federal agencies, as well as state and local
government agencies using federal funds, and their contractors.
Specifically, RCRA Section 1004(17) defines a procuring agency as
"...any federal agency, or any state agency or agency of a
political subdivision of a state which is using appropriated
federal funds for such procurement, or any person contracting
with any such agency with respect to work performed under such
contract." For purposes of this definition, the use of
appropriated federal funds includes the use of federal funds
commingled with state or local funds.
The second question is, does the government agency purchase a
product designated in an EPA guideline? The affirmative
procurement program requirements in Section 6002 are limited to
products specifically designated by EPA procurement guidelines.
Procuring agencies, however, are encouraged to establish
affirmative procurement programs for other available items made
with recycled materials. In addition to designating which items
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PPC: X
EPA: 530-R-93-004h
NTIS: PB93-922 408
are covered by Section 6002, EPA procurement guidelines provide
recommendations for government agencies to carry out the
responsibilities of Section 6002. To date, EPA has issued five
procurement guidelines. The guidelines are found in 40 CFR Parts
248,249,250,252 and 253, and provide recommendations for the
procurement of building insulation, cement and concrete
containing fly ash, paper and paper products, re-refined
lubricating oil, and retread tires, respectively.
Finally, does the government agency purchase $10,000 or more
worth of a product designated in an EPA guideline during the
course of the current fiscal year or did the agency purchase
$10,000 or more worth of a designated item or functionally
equivalent items during the preceding fiscal year? Each
guideline specifies how "functional equivalence" should be
interpreted to determine whether the government agency has
reached the $10,000 threshold. If the answer to all three of the
above questions is yes, the agency must comply with the
requirements of Section 6002. In other words, government
agencies that meet the definition of a procuring agency and
purchase $10,000 or more worth of a product designated in a EPA
guideline during the current fiscal year, or purchased $10,000 or
more worth of a designated item or functionally equivalent items
during the preceding fiscal year, are required to comply with
RCRA Section 6002. (August 1993 Monthly Hotline Report)
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