[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR247.2]

[Page 340-341]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 247--COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS CONTAINING RECOVERED MATERIALS--Table of Contents
 
                           Subpart A--General
 
Sec. 247.2  Applicability.

    (a)(1) This guideline applies to all procuring agencies and to all 
procurement actions involving items designated by EPA in this part, 
where the procuring agency purchases $10,000 or more worth of one of 
these items during the course of a fiscal year, or where the cost of 
such items or of functionally equivalent items purchased during the 
preceding fiscal year was $10,000 or more.
    (2) This guideline applies to Federal agencies, to State and local 
agencies using appropriated Federal funds to procure designated items, 
and to persons contracting with any such agencies with respect to work 
performed under such contracts. Federal procuring agencies should note 
that the requirements of RCRA section 6002 apply to them whether or not 
appropriated Federal funds are used for procurement of designated items.

[[Page 341]]

    (3) The $10,000 threshold applies to procuring agencies as a whole 
rather than to agency subgroups such as regional offices or subagencies 
of a larger department or agency.
    (b) The term procurement actions includes:
    (1) Purchases made directly by a procuring agency and purchases made 
directly by any person (e.g., a contractor) in support of work being 
performed for a procuring agency, and
    (2) Any purchases of designated items made ``indirectly'' by a 
procuring agency, as in the case of procurements resulting from grants, 
loans, funds, and similar forms of disbursements of monies.
    (c)(1) This guideline does not apply to purchases of designated 
items which are unrelated to or incidental to Federal funding, i.e., not 
the direct result of a contract or agreement with, or a grant, loan, or 
funds disbursement to, a procuring agency.
    (2) This guideline also does not apply to purchases made by private 
party recipients (e.g., individuals, non-profit organizations) of 
Federal funds pursuant to grants, loans, cooperative agreements, and 
other funds disbursements.
    (d) RCRA section 6002(c)(1) requires procuring agencies to procure 
designated items composed of the highest percentage of recovered 
materials practicable, consistent with maintaining a satisfactory level 
of competition, considering such guidelines. Procuring agencies may 
decide not to procure such items if they are not reasonably available in 
a reasonable period of time; fail to meet reasonable performance 
standards; or are only available at an unreasonable price.

[60 FR 21381, May 1, 1995, as amended at 62 FR 60973, Nov. 13, 1997]