[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR247.2]



[Page 345-346]

 

                   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.



[[Page 346]]



    (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.

    (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]