[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR23.404]

[Page 453]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 23_ ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE--Table of Contents
 
                 Subpart 23.4_Use of Recovered Materials
 
Sec.  23.404  Agency affirmative procurement programs.

    (a) For EPA-designated products, an agency must establish an 
affirmative procurement program, if the agency's purchases meet the 
threshold in 23.405(a). Technical or requirements personnel and 
procurement personnel are responsible for the preparation, 
implementation, and monitoring of affirmative procurement programs. 
Agency affirmative procurement programs must include--
    (1) A recovered materials preference program;
    (2) An agency promotion program;
    (3) A program for requiring reasonable estimates, certification, and 
verification of recovered material used in the performance of contracts; 
and
    (4) Annual review and monitoring of the effectiveness of the 
program.
    (b) Agency affirmative procurement programs must require that 100 
percent of purchases of EPA-designated products contain recovered 
material, unless the item cannot be acquired--
    (1) Competitively within a reasonable time frame;
    (2) Meeting appropriate performance standards; or
    (3) At a reasonable price.
    (c) Agency affirmative procurement programs must provide guidance 
for purchases of EPA-designated products at or below the micro-purchase 
threshold.

[65 FR 36019, June 6, 2000]