[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR423.404]



[Page 122-123]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 4--DEPARTMENT OF AGRICULTURE

 

PART 423_ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE 

 

                Subpart 423.4_Use of Recovered Materials

 

Sec. 423.404  Agency affirmative procurement programs.



    The USDA affirmative procurement program (APP) policy applicable to 

all USDA agencies and staff offices is hereby established. The 

components of this APP include:

    (a) Recovered Materials Preference Program. In accord with the 

requirements of Section 402(c) of Executive Order 13101, Greening the 

Government Through Recycling, Waste Prevention, and Federal Acquisition, 

USDA agencies will include, in all applicable solicitations and 

contracts, a preference for products and services which meet or exceed 

the EPA purchasing guidelines as contained in the EPA product Recovered 

Materials Advisory Notices (RMANs). Agencies may choose an evaluation 

factor preference, or other method of indicating preference in accord 

with their agency needs. Agencies will, as appropriate, eliminate virgin 

material requirements in contract specifications and replace them with a 

statement of preference for recycled materials.

    (b) Promotion program. USDA agencies will actively promote a 

preference for recovered materials, environmentally preferable products, 

and biobased products in contacts with vendors, in written materials, 

and other appropriate opportunities.

    (c) Reasonable estimation of recovered materials used in the 

performance of contracts. USDA agencies annually will provide in writing 

to the USDA Senior Procurement Executive, in response to a call for data 

for the Resource Conservation and Recovery report, reasonable estimates, 

certification, and verification of recovered material used in the 

performance of contracts.

    (d) Annual review and monitoring of effectiveness of the program. 

USDA agencies will provide an annual assessment of the effectiveness of 

their affirmative



[[Page 123]]



procurement program actions in increasing the purchase and use of EPA 

designated products.

    (e) Purchase of EPA designated products. USDA agencies will require 

that 100% 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.

    (f) The 100% purchase requirement of paragraph (e) of this section 

applies to all USDA agency purchases, including those at or below the 

micro-purchase threshold.