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Federal
Acquisition, Recycling, and Waste Prevention WHEREAS, the Nation's interest is served when the Federal Government
can make more efficient use of natural resources by maximizing recycling
and preventing waste whenever possible; WHEREAS, this administration is determined to strengthen the
role of the Federal Government as an enlightened, environmentally conscious
and concerned consumer; WHEREAS, the Federal Government should-through cost-effective
waste prevention and recycling activities-work to conserve disposal capacity,
and serve as a model in this regard for private and other public institutions;
and WHEREAS, the use of recycled and environmentally preferable products
and services by the Federal Government can spur private sector development
of new technologies and use of such products, thereby creating business
and employment opportunities and enhancing regional and local economies
and the national economy; NOW, THEREFORE I, WILLIAM J. CLINTON, by
the authority vested in me as President by the Constitution and the
laws of the United States
of America, including the Solid Waste Disposal Act, Public Law 89-272,
79 Stat. 997, as amended by the Resource Conservation and Recovery Act
("RCRA"), Public Law 94-580, 90 Stat. 2795 as amended (42 U.S.C.
6901-6907), and section 301 of title 3, United States Code, hereby order
as follows: Part 1: Preamble Section 101. Consistent with the demands of efficiency and cost
effectiveness, the head of each Executive agency shall incorporate waste
prevention and recycling in the Agency's daily operations and work to
increase and expand markets for recovered materials through greater Federal
Government preference and demand for such products. Sec. 102. Consistent
with policies established by Office of Federal Procurement Policy )"OFPP")
Policy Letter 92-4, agencies shall comply with executive branch policies
for the acquisition and use of
environmentally preferable products and services and implement cost-effective
procurement preference programs favoring the purchase of these products
and services. Sec. 103. This order creates a Federal Environmental Executive
and establishes high-level Environmental Executive positions within each
agency to be responsible for expediting the implementation of this order
and statutes that pertain to this order. Part 2: Definitions For purposes of this order: Sec 201. "Environmentally preferable" means
products or services that heave a lesser or reduced effect on human
health and
the environment when compared with competing products or services that
serve the same purpose. This comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal of the product or service. Sec. 202. "Executive agency" or "agency" means
an Executive agency as defined in 5 U.S.C 105. For the purpose of this
order, military departments, as defined in 5 U.S.C. 102, are covered
under the auspices of the Department of Defense. Sec. 203. "Postconsumer material" means a material
or finished product that has served its intended use and has been discarded
for disposal or recovery, having completed its life as a consumer item. "Postconsumer
material" is a part of the broader category of "recovered material". Sec. 204. "Acquisition" means
the acquiring by contract with appropriated funds for supplies or services
(including construction)
by and for the use of the Federal Government through purchase or lease,
whether the supplies or services are already in existence or must be
created, developed, demonstrated and evaluated. Acquisition begins at
the point when agency needs are established and includes the description
of requirements to satisfy agency needs, solicitation and selection of
sources, award of contracts, contract financing, contract performance,
contract administration and those technical and management functions
directly related to the process of fulfilling agency needs by contract. Sec. 205. "Recovered materials" means
waste materials and by-products which have been recovered or diverted
from solid waste,
but such term does not include those materials and by-products generated
from, and commonly reused within, an original manufacturing process (42
U.S.C. 6903 (19)). Sec 206. "Recyclability" means
the ability of a product or material to be recovered from, or otherwise
diverted from, the solid
waste stream for the purpose of recycling. Sec. 207. "Recycling" means
the series of activities, including collection, separation, and processing,
by which products or
other materials are recovered from the solid waste stream for use in
the form of raw materials in the manufacture of new products other than
fuel for producing heat or power by combustion. Sec. 208. "Waste prevention," also known as "source
reduction," means any change in the design, manufacturing, purchase
or use of materials or products (including packaging) to reduce their
amount or toxicity before they become municipal solid waste. Waste prevention
also refers to the reuse of products or materials. Sec. 209. "Waste reduction" means
preventing or decreasing the amount of waste being generated through
waste prevention, recycling,
or purchasing recycled and environmentally preferable products. Sec 210. "Life Cycle Cost" means
the amortized annual cost of a product, including capital costs, installation
costs, operating
costs, maintenance costs and disposal costs discounted over the lifetime
of the product. Sec. 211. "Life Cycle Analysis" means
the comprehensive examination of a product's environmental and economic
effects throughout
its lifetime including new material extraction, transportation, manufacturing,
use, and disposal. Part 3: The Role of the Federal Environmental Executive and Agency
Environmental Executives. Sec. 301. Federal Environmental Executive.
- A Federal Environmental
Executive shall be designated by the President and shall be located
within the environmental Protection Agency ("EPA").
The Federal Environmental Executive shall take all actions necessary
to ensure that the agencies comply with the requirements of this order
and shall generate an annual report to the Office of Management and
Budget ("OMB"), at the time of agency budget submissions,
on the actions taken by the agencies to comply with the requirements
of this order. In carrying out his or her functions, the Federal Environmental
Executive shall consult with the Director of the White House Office
on Environmental Policy.
- Staffing. A minimum of four (4) full time staff persons are to be
provided by the agencies listed below to assist the Federal Environmental
Executive, one of whom shall have experience in specification review
and program requirements, one of whom shall have experience in procurement
practices, and one of whom shall have experience in solid waste prevention
and recycling. These four staff persons shall be appointed and replaced
as follows:
- a representative from the Department of Defense shall be detailed for
not less than one year and no more than two years;
- a representative from the
General Service Administration ("GSA")
shall be detailed for not less than one year and no more than two years;
- a representative from EPA shall be detailed for not less than one year
and no more than two years; and
- a representative from one other agency determined by the Federal Environmental
Executive shall be detailed on a rotational basis for not more than one
year.
- Administration. Agencies are requested to make their services, personnel
and facilities available to the Federal Environmental Executive to
the maximum extent practicable for the performance of functions under
this order.
- Committees and Work groups. The Federal Environmental Executive shall
establish committees and work groups to identify, assess, and recommend
actions to be taken to fulfill the goals, responsibilities, and initiatives
of the Federal Environmental Executive. As these committees and work
groups are created, agencies are requested to designate appropriate
personnel in the areas of procurement and acquisition, standards and
specifications, electronic commerce, facilities management, waste prevention,
and recycling, and others as needed to staff and work on the initiatives
of the Executive.
- Duties. The Federal Environmental Executive, in consultation with
the Agency Environmental Executives, shall:
- identify and recommended initiatives for government-wide implementation
that will promote the purposes of this order, including:
- the development of a federal plan for agency implementation
of this order and appropriate incentives to encourage the
acquisition of recycled and environmentally preferable products
by the Federal Government;
- the development of a federal implementation plan and guidance
for instituting economically efficient federal waste prevention,
energy and water efficiency programs, and recycling programs
within each agency; and
- the development of a plan for making maximum use of available
funding assistance programs;
- collect and disseminate information electronically concerning methods
to reduce waste, materials that can be recycled, costs and savings associated
with waste prevention and recycling, and current market sources of products
that are environmentally preferable or produced with recovered materials;
- provide guidance and assistance to the agencies in setting up and reporting
on agency programs and monitoring their effectiveness; and
- coordinate appropriate government-wide education and training programs
for agencies.
Sec 302. Agency Environmental Executives. Within 90 days after the
effective date of this order, the head of each Executive department and
major procuring agency shall designate an Agency Environmental Executive
from among his or her staff, who serves at a level no lower than at the
Deputy Assistant Secretary level or equivalent. The Agency Environmental
Executive will be responsible for:
- coordinating al environmental programs in the areas of procurement
and acquisition, standards and specification review, facilities management,
waste prevention and recycling, and logistics;
- participating in the interagency development of a Federal plan to:
- Create an awareness and outreach program for the private sector to
facilitate markets for environmentally preferable and recycled products
and services, promote new technologies, improve awareness about federal
efforts in this area, and expedite agency efforts to procure new products
identified under this order;
- establish incentives, provide guidance and coordinate appropriate educational
programs for agency employees; and
- coordinate the development of standard agency reports required by this
order;
- reviewing agency programs and acquisitions to ensure compliance with
this order.
Part 4: Acquisition Planning and Affirmative Procurement Pograms Sec. 401. Acquisition Planning. In developing plans, drawings,
work statements, specifications, or other product descriptions, agencies
shall consider the following factors:
- elimination of virgin material requirements;
- use of recovered materials;
- reuse of product;
- life cycle cost;
- recyclability;
- use of environmentally preferable products;
- waste prevention (including toxicity reduction or elimination); and
- ultimate disposal, as appropriate.
These factors should be considered in acquisition planning for all procurements
and in the evaluation and award of contracts, as appropriate. Program and
acquisition managers should take an active role in these activities.
Sec. 402. Affirmative Procurement Programs. The head of each
Executive agency shall develop and implement affirmative procurement
programs in accordance with RCRA section 6002 (42 U.S.C. 6962) and this
order. Agencies shall ensure that responsibilities for preparation, implementation
and monitoring of affirmative procurement programs are shared between
the program personnel and procurement personnel. For the purposes of
all purchases made pursuant to this order, EPA, in consultation with
such other Federal agencies as appropriate, shall endeavor to maximize
environmental benefits, consistent with price, performance and availability
considerations, and shall adjust bid solicitation guidelines as necessary
in order to accomplish this goal.
- Agencies shall establish affirmative procurement programs for all
designated EPA guidelines items purchased by their agency. For newly
designated items, agencies shall revise their internal programs within
one year from the date EPA designated the new items.
- For the currently designated EPA guideline items, which are:
- concrete and cement containing fly ash;
- recycled paper products;
- re-refined lubricating oil;
- retread tires; and
- insulation containing recovered materials.
And for all future guidelines items, agencies shall ensure that their
affirmative procurement programs require that 100 percent of their
purchases of products meet or exceed the EPA guideline standards
unless written justification is provided that a product is not available
competitively within a reasonable time frame, does not meet appropriate
performance standards, or is only available at an unreasonable price.
- The Agency Environmental Executives will track agencies' purchases
of designated EPA guideline items and report agencies' purchases of
such guideline items to the Federal Environmental Executive. Agency
Environmental Executives will be required to justify to the Federal
Environmental Executive as to why the item(s) have not been purchased
or submit a plan for how the agencies intend to increase their purchase
of the designated item(s).
- Agency affirmative procurement programs, to the maximum extent practicable,
shall encourage that:
- documents be transferred electronically,
- all government documents printed internally be printed double-sided,
and
- contracts, grants,
and cooperative agreements issued after the effective date
of this order include provisions that require
documents to be printed double-sided on recycled paper meeting
or exceeding the standards established in this order or in
future EPA guidelines.
Sec. 403. Procurement of Existing Guideline Items. Within 90 days
after the effective date of this order, the head of each Executive agency
that has not implemented an affirmative procurement program shall ensure
that the affirmative procurement program has been established and is being
implemented to the maximum extent practicable.
Sec. 404. Electronic Acquisition System. To reduce waste by eliminating
unnecessary paper transactions in the acquisition process and to foster
accurate data collection and reporting of agencies' purchases of recycled
content and environmentally preferred products, the executive branch
will implement an electronic commerce system consistent with the recommendations
adopted as a result of the National Performance Review.
Part 5: Standards, Specifications, and Designation of Items
Sec. 501. Specifications, Product Descriptions and Standards. Where
applicable, Executive agencies shall review and revise federal and military
specifications, products descriptions and standards to enhance Federal
procurement of products made from recovered materials or that are environmentally
preferable. When converting to a Commercial Item Description (CID), agencies
shall ensure that environmental factors have been considered and that
the CID meets or exceeds the environmentally preferable criteria of the
government specification or product description. Agencies shall report
annually on their compliance with this section to the Federal Environmental
Executive for incorporation into the annual report to OMB referred to
in section 301 of this order.
- If an inconsistency with RCRA Section 6002 or this order is identified
in a specification, standard, or product description, the Federal Environmental
Executive shall request that the Environmental Executive of the pertinent
agency advise the Federal Environmental Executive as to why the specification
cannot be revised or submit a plan for revising it within 60 days.
- If an agency is able to
revise an inconsistent specification but cannot do so within 60 days,
it is the responsibility of that agency's
Environmental Executive to monitor and implement the plan for revising
it.
Sec. 502. Designation of Items that Contain Recovered Materials. In
order to expedite the process of designating items that are or can be made
with recovered materials, EPA shall institute a new process for designating
these items in accordance with RCRA section 6002(a) as follows. (a) EPA
shall issue a Comprehensive Procurement Guideline containing designated
items that are or can be made with recovered materials.
- The proposed guideline shall be published for public comment in the
Federal Register within 180 days after the effective date of this order
and shall be updated annually after publication for comment to include
additional items.
- Once items containing recovered materials have been designated by
EPA through the new process established pursuant to this section and
in compliance with RCRA section 6002, agencies shall modify their affirmative
procurement programs to require that, to the maximum extent practicable,
their purchases of products meet or exceed the EPA guideline standards
unless written justification is provided that a product is not available
competitively, not available within a reasonable time frame, does not
meet appropriate performance standards, or is only available at an
unreasonable price.
- Concurrent with the issuance of the Comprehensive Procurement Guideline
required by section 502(a) of this order, EPA shall publish for public
comment in the Federal Register Recovered Material Advisory Notice(s)
that present the range of recovered material content levels within
which the designated recycled items are currently available. These
levels shall be updated periodically after publication for comment
to reflect changes in market conditions.
Sec. 502. Guidance for Environmentally Preferable Products. In accordance
with this order, EPA shall issue guidance that recommends principles that
Executive agencies should use in making determinations for the preference
and purchase of environmentally preferable products.
- Proposed guidance shall be published for public comment in the Federal
Register within 180 days after the effective date of this order, and
may be updated after public comment, as necessary, thereafter. To the
extent necessary, EPA may issue additional guidance for public comment
on how the principles can be applied to specific product categories.
- Once final guidance for environmentally preferable products has been
issued by EPA, Executive agencies shall use these principles, to the
maximum extent practicable, in identifying and purchasing environmentally
preferable products and shall modify their procurement programs by
reviewing and revising specifications, solicitation procedures, and
policies as appropriate.
Sec. 504. Minimum Content Standard for Printing and Writing Paper. Executive
agency heads shall ensure that agencies shall meet or exceed the following
minimum materials content standards when purchasing or causing the purchase
of printing and writing paper:
- For high speed copier paper, offset paper, forms bond, computer printout
paper, carbonless paper, file folders, and white woven envelopes, the
minimum content standard shall be no less than 20 percent postconsumer
materials beginning December 31, 1994. This minimum content standard
shall be increased to 30 percent beginning on December 31, 1998.
- For other uncoated printing and writing paper, such as writing and
office paper, book paper, cotton fiber paper, and cover stock, the
minimum content standard shall be 50 percent recovered materials, including
20 percent postconsumer materials beginning on December 31, 1994. This
standard shall be increased to 30 percent beginning on December 31,
1998.
- As an alternative to meeting the standards in sections 504(a) and
(b), for all printing and writing papers, the minimum content standard
shall be no less than 50 percent recovered materials that are a waste
material byproduct of a finished product other than a paper or textile
product which would otherwise be disposed of in a landfill, as determined
by the State in which the facility is located.
- The decision not to procure recycled content printing and writing paper
meeting the standards specified in this section shall be based solely
on a determination by the contracting officer that a satisfactory level
of competition does not exist, that the items are not available within
a reasonable time period, or that the available items fails to meet reasonable
performance standards established by the agency or are only available
at an unreasonable price.
- Each agency should implement waste prevention techniques, as specified
in section 402(d) of this order, so that total annual expenditures for
recycled content printing and writing paper do not exceed current annual
budgets for paper products as measured by average annual expenditures,
adjusted for inflation based on the Consumer Price Index or other suitable
indices. In determining a target budget for printing and writing paper,
agencies may take into account such factors as employee increases or
decreases, new agency or statutory initiatives, and episodic or unique
requirements (e.g., census).
- Effective immediately, all agencies making solicitations for the purchase
of printing and writing paper shall seek bids for paper with postconsumer
material or recovered waste material as described in section 504(c).
Sec. 505. Revision of Brightness Specifications and Standards. The
General Services Administration and other Federal agencies are directed
to identify, evaluate and revise or eliminate any standards or specifications
unrelated to performance that present barriers to the purchase of paper
or paper products made by production processes that minimize emissions
of harmful byproducts. This evaluation shall include a review of unnecessary
brightness and stock clause provisions, such as lignin content and chemical
pulp requirements. The GSA shall complete the review and revision of such
specifications within six months after the effective date of this order,
and shall consult closely with the Joint Committee on Printing during such
process. The GSA shall also compile any information or market studies that
may be necessary to accomplish the objectives of this provision.
Sec. 508. Procurement of Re-refined Lubricating Oil and Retreat Tires. Within
180 days after the effective date of this order, agencies shall implement
the EPA procurement guidelines for re-refined lubricating oil and retread
tires.
- Commodity managers shall finalize revisions to specifications for
re-refined oil and retread tires, and develop and issue specifications
for tire retreading services, as commodity managers shall take affirmative
steps to procure these items in accordance with RCRA section 6002.
- Once these items become available, fleet managers shall take affirmative
steps to procure these items in accordance with RCRA section 6002.
Sec. 507. Product Testing. The
Secretary of Commerce, through the National Institute of Standards and
Technology ("NIST"), shall
establish a program for testing the performance of products containing
recovered materials or deemed to be environmentally preferable. NIST shall
work with EPA, GSA and other public and private sector organizations that
conduct appropriate life cycle analyses to gather information that will
assist agencies in making selections of products and services that are
environmentally preferable.
- NIST shall publish appropriate reports describing testing programs,
their results, and recommendations for testing methods and related
specifications for use by Executive agencies and other interested
parties.
- NIST shall coordinate with other Executive and State agencies
to avoid duplication with existing testing programs.
Part 6: Agency Goals and Reporting Requirements Sec. 601. Goals for Waste Reduction. Each agency shall
establish a goal for solid waste prevention and a goal for recycling
to be achieved by the year 1995. These goals shall be submitted
to the Federal Environmental Executive within 180 days after the
effective date of this order. Progress on attaining these goals
shall be reported by the agencies to the Federal Environmental
Executive for the annual report specified in section 301 of this
order. Sec. 602. Goal for Increasing the Procurement of Recycled and
Other Environmentally Preferable Products. Agencies shall
strive to increase the procurement of products that are environmentally
preferable or that are made with recovered materials and set
annual goals to maximize the number of recycled products purchased,
relative to non-recycled alternatives. Sec. 603. Review of Implementation. The
President's Council on Integrity and Efficiency ("PCIE")
will request that the Inspector General periodically review agencies'
affirmative
procurement programs and reporting procedures to ensure their compliance
with this order. Part 7: Applicability and Other Requirements Sec. 701. Contractor Operated Facilities. Contracts that
provide for contractor operation of a government-owned or leased
facility, awarded after the effective date of this order, shall
include provisions that obligate the contractor to comply with
the requirements of this order within the scope of its operations.
In addition, to the extent permitted by law and where economically
feasible, existing contracts should be modified. Sec. 702. Real Property Acquisition and Management. Within
90 days after the effective date of this order, and to the extent
permitted by law and where economically feasible, Executive agencies
shall ensure compliance with the provisions of this order in the
acquisition and management of federally owned and leased space.
GSA and other Executive agencies shall also include environmental
and recycling provisions in the acquisition of all leased space
and in the construction of new federal buildings. Sec. 703. Retention of Funds. Within 90 days after the
effective date of this order, the Administrator of GSA shall develop
a legislative proposal providing authority for Executive agencies
to retain a share of the proceeds from the sale of materials recovered
through recycling or waste prevention programs and specifying the
eligibility requirements for the materials being recycled. Sec. 704. Model Facility Programs. Each Executive department
and major procuring agency shall establish model facility demonstration
programs that include comprehensive waste prevention and recycling
programs and emphasize the procurement of recycled and environmentally
preferable products and services using an electronic data interchange
(EDI) system. Sec. 705. Recycling Programs. Each Executive agency that
has not already done so shall initiate a program to promote cost
effective waste prevention and recycling of reusable materials
in all of its facilities. The recycling programs implemented pursuant
to this section must be compatible with applicable State and local
recycling requirements. Federal agencies shall also consider cooperative
ventures with State and local governments to promote recycling
and waste reduction in the community. Part 8: Awareness Sec. 801. Agency Awards Program. A government-wide award
will be presented annually by the White House to the best, most
innovative program implementing the objectives of this order to
give greater visibility to these efforts so that they can be incorporated
government-wide. Sec. 802. Internal Agency Awards Programs. Each agency
shall develop an internal agency-wide awards program, as appropriate,
to reward its most innovative environmental programs. Winners of
agency-wide awards will be eligible for the White House award program. Part 9: Revocation, Limitation and Implementation Sec. 901. Executive Order No. 12780, dated October 31,
1991, is hereby revoked. Sec. 902. This order is intended only to improve the internal
management of the executive branch and is not intended to create
any right or benefit, substantive or procedural, enforceable at
law by a party against the United States, its agencies, its officers,
or any other person. Sec. 903. The policies expressed in this order, including
the requirements and elements for effective agency affirmative
procurement programs, shall be implemented and incorporated in
the Federal Acquisition Regulation (FAR) within 180 days after
the effective date of this order. The implementation language shall
consist of providing specific direction and guidance on agency
programs for preference, promotion, estimation, certification,
reviewing and monitoring. Sec. 904. This order shall be effective immediately. [Signed] William J. Clinton The White House
October 20, 1993
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