[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: 48CFR23.405]

[Page 453-454]
 
            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.  23.405  Procedures.

    (a) These procedures apply to all agency acquisitions of EPA-
designated products, including micro-purchases, if--
    (1) The price of the product exceeds $10,000; or
    (2) The aggregate amount paid for products, or for functionally 
equivalent products, in the preceding fiscal year was $10,000 or more. 
RCRA requires that an agency include micro-purchases in determining if 
the aggregate amount paid was $10,000 or more. However, it is not 
recommended that an agency track micro-purchases unless it intends to 
claim an exemption from the requirement to establish an affirmative 
procurement program in the following fiscal year.
    (b) Contracting officers should refer to EPA's list of EPA-
designated products (available via the Internet at http://www.epa.gov/
cpg/) and to their agencies' affirmative procurement programs when 
purchasing supplies that contain recovered material or services that 
could include supplies that contain recovered material.
    (c) The contracting officer shall place in the contract file a 
written justification if an acquisition of EPA-designated products above 
the micro-purchase threshold does not meet applicable minimum recovered 
material content recommended by EPA guidelines. If the agency has 
designated an Environmental Executive, the contracting officer shall 
give a copy of the written justification to that official. The 
contracting officer shall base the justification on the inability to 
acquire the product--
    (1) Competitively within a reasonable period of time;
    (2) At reasonable prices; or

[[Page 454]]

    (3) To reasonable performance standards in the specifications, 
provided a written determination by technical or requirements personnel 
of the performance standard's reasonableness is included with the 
justification. The technical and requirements personnel must base their 
determination on National Institute of Standards and Technology 
guidelines, if available.
    (d) Agencies must establish procedures for consolidating and 
reporting contractor estimates required by the clause at 52.223-9, 
Estimate of Percentage of Recovered Material Content for EPA-Designated 
Products.

[65 FR 36019, June 6, 2000, as ameded at 68 FR 43858, July 24, 2003]