[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR23.405]



[Page 470]

 

            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

    (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]