Pat Rippey US Army Center for Health Promotion and Preventive Medicine APG, MD

1. Pat RippeyUS Army Center for Health Promotion and Preventive MedicineAPG, MD Green Procurement Greening Our Contracts

3. TOPICS • DOD Green Procurement Policy • Federal Acquisition Regulations • Implementing GP • GP Tracking and Reporting

4. What do we mean by “Green Procurement”? • Showing preference for purchasing products that are: • Made with Recycled Content • Made with Biobased Products • Energy and Water Efficient • Alternative Fuels or Vehicles • Renewable Energy Sources • Sustainable Building Materials • Lacking in Ozone-Depleting Substances (ODS) and Priority Chemicals • EPEAT-registered Electronic Equipment • Environmentally Preferable

5. Why Buy Green? • Use products that are healthier for the workforce and the environment • Save energy and natural resources • Promote recycling programs • Create jobs • Support US agriculture • Reduce disposal costs and hazards • Save money!

6. How Can We “Go Green”? mission Green • Identify mission requirements and product/service contract requirements • Incorporate the procurement preferences • Recycled content, biobased, environmentally preferable, energy efficient

7. DOD Green Procurement Policyand Strategy August 2004, Updated 2008 • Formally Establishes DOD Green Procurement Program (GPP) and Metrics • Requires that green products and services be considered as first choice for all procurements • Assigns responsibility to virtually every DOD employee; notes need for GPP awareness training • Requires implementation at organizational level where initial purchasing requirements are defined • Requires documentation of objectives, targets, and actions in an installation-level plan • Uses the EMS framework for implementation

8. DOD Metrics Increase in the number of contracts meeting requirements for recycled-content products in the Contract Action Report Increase in the purchases of Federally-defined indicator items (applies to purchase card, MILSTRIP purchases) Increase in the percentage of contracting personnel trained in Green Procurement Increase in organizations or installations participating in the Federal Electronics Challenge Decrease in contract audit findings indicating lack of compliance with GP requirements.

9. DOD GP Policy Requires: • Review of proposed procurements and acquisitions for inclusion of green procurement requirements • Consideration of environmental and energy aspects of a planned acquisition or procurement • Identification and development of specifications based on consideration of all of the green attributes identified

10. DOD GP Policy • Responsibilities of Procurement Request Originators and Acquisition Program Managers: • Identify whether green products and services are available and can satisfy requirements for price, performance, and availability • Ensure that relevant GP requirements are identified prior to submission to the contracting office • Consult with contractual and environmental specialists to prepare statements of work or specifications that incorporate relevant GP requirements

11. DOD GP Policy • Responsibilities of Procurement Request Originators and Acquisition Program Managers: • Document exceptions to GP requirements • Apply life-cycle cost concepts to determine cost effectiveness of green alternatives • Provide oversight of contract execution to ensure GP requirements are addressed in accordance with the terms of the contract

12. DOD GP Policy • Responsibilities of Procurement Offices: • Review procurement requests for green supplies and services • Provide guidance to procurement request originators • Incorporate green procurement language, provisions and FAR clauses in contracts • Ensure contract actions, through execution and close-out, meet FAR requirements for green procurement • Place written justification in contract file to explain why EPA-designated items not acquired

13. DOD GP Policy and Strategy • Responsibilities of Environmental Managers: • Implement an awareness program to promote GP • Advise the procurement request originators and contracting officers on acquisition strategies for green products and services and provide regulatory and availability information • Provide GP consultation support to all personnel and organizations involved in the purchasing process • Provide recommendations to management personnel across all purchasing organizations on the preparation, implementation, and monitoring of the GPP • Assist procurement organizations and personnel in utilizing the FPDS data and the ERLS tool to track performance

14. GP Put Into Practice • Air Force installations are increasing the use of biobased and other environmentally preferable cleaning products as part of their aircraft maintenance and other programs that clean machinery, equipment, and facilities. • Leading By Example: A Report to the President on Federal Environmental and Energy Management, Oct 2007

15. A Second Life!Match the product on the left with the recycled/biobased product on the right Ink • Coffee beans, banana peels, tobacco leaves • Old blue jeans • U.S. currency • Potato starch and limestone • Automobile tires • Plastic drink bottles • Soybean oil • Wheat straw or jute • Cotton seed lint or crushed walnut shells Food service packaging Paper Spill Absorbent Park benches and clothing Coffee cups and tableware Pencils Playground material Particleboard

16. Why Buy Green? IT'S THE LAW Resource Conservation And Recovery Act of 1976 Federal Acquisition Regulations Energy Policy Act 2005 Executive Orders 13423 and 13514 2002 Farm Bill

17. WHO HAS TO COMPLY? • Section 6002 of RCRA required procuring agencies to have procurement preference programs for recycled-content products • “Procuring Agencies” include: • Any Federal Agency (e.g., DOD) • Any state or local agency using appropriated Federal funds for a procurement • Persons contracting with such agencies RCRA

18. RCRA 6002 (d) • All Federal Agencies having responsibility for drafting or reviewing specifications for procurement items shall: • Eliminate any exclusion of recovered materials • Eliminate requirements for the use of virgin materials • Assure that specifications require the use of recovered material to the maximum extent possible

19. Designated Products –Mandatory Preference Programs • EPA’s “Buy Recycled” Program • Products designated since 1995 • Currently 62 designated products • USDA’s “BioPreferred” Program • Products designated since 2006 • Currently 42 designated items

20. Post-Consumer Materials are recovered materials specifically generated in the consumer sector (homes, businesses, etc). These make up the largest portion of the overall waste stream – so it is important to look for post-consumer material content in the products we purchase Typical Post-consumer materials

21. EPA’s Buy Recycled Program:Comprehensive Procurement Guidelines (CPGs) and Recovered Materials Advisory Notices (RMANs) • CPGs designate the products that must contain recovered material • RMANs provide recommended recycled-content percentages and guidance on buying recycled-content products Example: 30% post consumer RMAN: Recycled Content Levels CPG: What Products To Buy Example: Recycled paper

22. According to RCRA, procuring agencies must show procurement preferences for designated products unless the product: Is available only at an unreasonable price Will not meet reasonable performance standards Is unavailable within a reasonable timeframe or at a sufficient level of competition Exceptions Price Performance Availability

23. How Do I Use An Exception? • If you purchase a noncompliant product for reasons of price, performance, or availability, AND the purchase was above the micropurchase threshold, you must document the reasons for not purchasing the compliant (e.g. recycled or biobased) product Called a written determination or justification

24. EPA-Designated Products under the Buy Recycled Program • Construction • Landscaping • Non-paper Office Products • Paper and Paper Products • Parks and Recreation • Transportation • Vehicular • Miscellaneous Product Categories:

25. CONSTRUCTION PRODUCTS DESIGNATED CPG ITEMS: • Building insulation • Carpet • Cement and concrete • Consolidated and reprocessed latex paint • Floor tiles • Laminated paperboard • Patio blocks • Shower and restroom dividers • Structural fiberboard • Carpet cushion • Flowable fill • Railroad grade crossings/surfaces • Modular Threshold Ramps • Nonpressure Pipe • Roofing Materials

26. RMAN RMANsRecommended Material Advisory Notices Buy all your rubber floor tiles with of 90-100% postconsumer content! • Provide content recommendations and guidance on buying recycled-content products • Developed by EPA using industry standards and current technology • Represent products that: • Are commercially available • Are cost competitive • Adhere to quality standards

27. RMAN Construction Products Example of RMANs

28. Key Points • Which of the following is NOT an acceptable justification for purchasing a designated product without recycled or biobased content? • The price is unreasonable • The product will not meet performance standards • The product will be shipped overseas • The product is not available within a reasonable time frame

29. USDA’s BioPreferred Program • Biobased products are commercial or industrial products (other than food or feed) that utilize biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials • The Farm Bill (May 2002) made Federal agency purchase of biobased products mandatory • One year from item designation, Federal agencies must incorporate preference for the biobased item into their purchasing programs

30. Benefits of Biobased Products • Provide renewable raw materials for a broad range of nonfood and nonfeed products • Provide new and expanded markets for agricultural feedstocks • Reduce U.S. dependence on petroleum and other imports • Introduce products that are friendlier to the environment than their petroleum-based counterparts • Foster rural and sustainable development Soybean powered Agricultural Research Service tour bus

31. Designated Biobased Items • On 16 March 06,the first Biobased Items were designated • mobile equipment hydraulic fluids • urethane roof coatings • water tank coatings • diesel fuel additives • penetrating lubricants • bedding, linens, and towels • There are now 42 designated items!

32. Lip care products Biodegradable films Hydraulic fluids Biodegradable cutlery Glass cleaners Greases Dust suppressants Carpets Carpet and upholstery cleaners Multipurpose cleaners Examples of Designated Items under the BioPreferred Program • Adhesive and mastic removers • Hand cleaners/sanitizers • Biodegradable containers • Fertilizers • Sorbents • Graffiti and grease removers • Laundry products • Bathroom and spa cleaners • De-icers • Films

33. Biobased Army Research Laboratory used soy-based composite materials for the hood of the M35A3 truck “Biowalls” made of soybean oil, compost, woodchips, and limestone are used by the Navy to treat contaminated groundwater Biobased soy hydraulic Fluids are used in the elevators of The Statue of Liberty

34. Who’s Using Biobased Products? • “Federal agencies are using or testing nearly three dozen types of biobased products, including lubricants, personal and institutional cleaning products, construction products, fleet maintenance products, solvents, and landscaping products” - Leading By Example: A Report to the President on Federal Environmental and Energy Management, Oct 2007

35. Do you know? • Which of these is an example of a biobased product? • Soy-based roof coating • Non-ozone-depleting aerosol • 35% post-consumer recycled paper • Chlorine-free industrial wipes

36. Executive Order 13423 – Strengthening Federal Environmental, Energy, and Transportation Management • Signed 24 January 2007 • Consolidated and strengthened 5 EOs and 2 Memoranda • Summary – Federal purchasers must show preference for environmentally preferable products and take actions to conserve resources (fossil fuels, water, and energy)

37. Green Procurement Energy & water efficiency in facility design, construction, & operation Reduction of toxic chemical use Maintenance of waste reduction & recycling programs (DOD goal of 35%) Design and construction of sustainable buildings Increase in alternative fuel use by 10% per year & reduction of petroleum use by 2% per year Procurement of EPEAT-registered electronics & management through end of life Enabling of Energy Star features on computers & monitors Key Requirements: EO 13423

38. Executive Order 13514 – Federal Leadership in Environmental, Energy, and Economic Performance Requires federal agencies to “advance sustainable acquisition to ensure that 95 percent of new contract actions including task and delivery orders, for products and services with the exception of acquisition of weapon systems, are energy efficient, water efficient, biobased, environmentally preferable, non-ozone depleting, contain recycled content, or are non-toxic or less toxic alternatives, where such products and services meet agency performance requirements”

39. Other Aspects of Green Procurement • Environmentally Preferable • Energy and Water Efficient • Alternative Fuels or Vehicles • Renewable Energy Sources • Sustainable Building Materials • Lacking in Ozone-Depleting Substances (ODS) and Priority Chemicals • EPEAT-registered Electronic Equipment

40. Environmentally Preferable Purchasing • EPP is the procurement of products or services having a lesser effect on human health and the environment when compared with competing products or services • Examples: products that are less toxic, contain reduced VOCs, are durable or repairable, contain less packaging

41. Ozone-Depleting Substances • EO 13148 requires agencies to phase out the procurement of Class I ODSs by 31 Dec 2010. Facilities must: • Switch to safe, approved alternatives • Evaluate present and future uses of ODSs in equipment and systems • Turn in all excess ODSs from out-of-service equipment to DoD Class I ODSs CFCs Halons Carbon tetrachloride Methyl chloroform

42. Electronics • EO 13423 requires that: • 95% of electronic equipment purchased be registered using the Electronic Product Environmental Assessment Tool (EPEAT) • Computers and monitors have energy-saving features enabled • Electronics be managed over the life cycle

43. Review • Which of the following is NOT an element of Green Procurement? • Environmentally Preferable • Biobased • Recovered Materials • Sustainable Work Practices • Energy Efficient

44. THE FEDERAL ACQUISITION REGULATION (FAR) How does it support Green Procurement?

45. Responsibilities • “Technical or requirements personnel and procurement personnel are responsible for the preparation, implementation, and monitoring of affirmative procurement programs.” FAR 23.404(a)

46. Where is Green Procurement in the FAR? Part 7 Part 10 Part 4 Part 12 Part 13 Part 23 Part 11 Part 36 Part 52 Part 42 Part 15

47. FAR Part 7Acquisition Planning • FAR Part 7 contains language that emphasizes procurement of recycled-content and environmentally preferable products and services. • Part 7.103 Agency heads must ensure that agency planners comply with the policy regarding procurement of products containing recovered materials, and environmentally preferable and energy-efficient products and services. • Part 7.105(b)(16) requires written acquisition plans to: “discuss all applicable environmental and energy conservation objectives associated with the acquisition…”

48. FAR Part 11Describing Agency Needs • The FAR requires agencies to consider use of recovered materials, environmentally preferable purchasing criteria developed by EPA, and environmental objectives when developing specifications and standards describing government requirements and developing source selection factors.

49. FAR PART 23 – ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE • Subpart 23.2 – Energy and Water Efficiency and Renewable Energy • Subpart 23.4 – Use of Recovered Materials and Biobased Products • Subpart 23.7 – Contracting for Environmentally Preferable and Energy-Efficient Products and Services • Subpart 23.8 – Ozone-Depleting Substances

50. Section 23.405 – Procedures • (a) (1) Contracting officers should refer to EPA’s list of EPA’s designated items when purchasing supplies that contain recovered material or services that could include the use of products that contain recovered material. • (a)(2) Contracting officers should refer to USDA’s list of USDA’s designated items when purchasing supplies that contain biobased material or services that could include supplies that contain biobased material.